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MINUTES
Of the City of Crystal Lake Park, Missouri
Regular Meeting of the Board of Alderpersons
December 8, 2008



ROLL CALL:

Mayor and Alderpersons: Present: Mayor Bonnie Taylor, and Alderpersons Kelly Larson, Phillip Bryant, Dennis Nahnsen and Jim Gehringer.

City Officials: Present: Attorney Paul Martin (Martin) (on behalf of City Attorney Howard Paperner), City Clerk Lois La Driere, City Treasurer Diane Chand, Street Commissioner (SC) Jim Cooper, and Building Commissioner (BC) John Littlefield. P&Z Chair Rita Brinkmann was also in attendance in the audience.

Following roll call, Mayor Taylor asked for a Motion to approve the evening’s Agenda. Martin asked to amend the Agenda to include a renewal of the City’s contract with Frontenac for police, fire and ambulance services. Alderperson Larson made a Motion to approve the amended Agenda for December 8, 2008. Alderperson Bryant seconded the Motion, and it was unanimously approved.

Next Mayor Taylor said that City Clerk La Driere had an announcement to make. City Clerk La Driere informed the Board that she was resigning her position as City Clerk and would be starting a new job at the first of the coming year. She thanked all of the Board members, city administrators and all those in attendance for their support during her tenure. The Board thanked her for her service and offered her best wishes in her new position.

Mayor Taylor then noted that a notice to residents had been mailed concerning the election on April 7, 2009 of Alderpersons in Wards I & II. She added that the City’s newsletter had also recently been sent to residents containing that information, as well as other important items concerning the City. She expressed thanks to Lisa Mason who had written and distributed the newsletter.

Mayor Taylor said that the City Treasurer Protocol which had been approved at the October 2008 Board meeting was in place and no ordinance would be necessary. City Clerk La Driere distributed updated code book pages to Board members, Martin and the BC, and noted that that those updates had been included on the City’s website as well.

Mayor Taylor then made for a Motion to approve the November 2008 Board minutes. A Motion was duly made by Alderperson Nahnsen, and seconded by Alderperson Bryant, and the Board unanimously agreed to approve the minutes of the November 2008 Board meeting.

ORDINANCE:

Martin introduced an ordinance authorizing him to serve as Co-City Attorney with Howard Paperner. He informed the Board that he had recently moved into an office sharing arrangement with Paperner and that Paperner had asked him to assist in handling the City’s legal representation. He proceeded to outline his background and expertise. Board members inquired as to which services would be provided to the City by each of the lawyers and Martin indicated that for now, he would be handling both the municipal work and litigation matters. A Motion was then made by Alderperson Bryant to read Bill #437 by title only for the first time. Alderperson Nahnsen seconded the Motion and it was unanimously approved. Martin read Bill #437 by title only for the first time.

AN ORDINANCE APPOINTING, AUTHORIZING AND CONTRACTING WITH PAUL MARTIN AS CO-CITY ATTORNEY FOR THE CITY OF CRYSTAL LAKE PARK, MISSOURI, AS PROVIDED HEREIN.

Alderperson Bryant made a Motion for Bill #437 to be read for the second time by title only and to be adopted as Ordinance #410. Alderperson Larson seconded the Motion and it was unanimously approved.

AN ORDINANCE APPOINTING, AUTHORIZING AND CONTRACTING WITH PAUL MARTIN AS CO-CITY ATTORNEY FOR THE CITY OF CRYSTAL LAKE PARK, MISSOURI, AS PROVIDED HEREIN.

A Motion was then made by Alderperson Larson and seconded by Alderperson Bryant to approve Bill #437 and adopt it as Ordinance #410. The Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson Larson - aye; Alderperson Nahnsen – aye; and Alderperson Bryant – aye. Mayor Taylor then declared Bill #437, Ordinance #410 approved.

Mayor Taylor then introduced Bill #438, a bill to revise the City’s current estate sale ordinance.
A Motion was made by Alderperson Gehringer and seconded by Alderperson Kelly to read Bill #438 by title only for the first time. The Motion was unanimously approved and Martin read the bill.

AN ORDINANCE AMENDING TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF COMMERCIAL ESTATE SALES.

A discussion of the bill ensued with questions and comments by Board members. A Motion was then made by Alderperson Bryant to amend Bill #438 per Martin’s recommendations by adding that that the bill is repealing Ordinance #390, and also to add to Section 2.a. “not less than ten working days prior to the sale.” Alderperson Larson seconded the Motion and it was unanimously approved. A Motion was made by Alderperson Gehringer and seconded by Alderperson Naunsen to read the amended Bill #438 by title only for the second time. The Motion was unanimously approved and Martin read the bill.

AN ORDINANCE AMENDING TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF COMMERCIAL ESTATE SALES.

A Motion was then made by Alderperson Larson and seconded by Alderperson Bryant to approve Bill #438 as amended and adopt it as Ordinance #411. The Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson Nahnsen – aye; Alderperson Larson - aye; and Alderperson Bryant – aye. Mayor Taylor then declared Bill #438, Ordinance #411 approved.

Mayor Taylor introduced Bill #436 relating to the regulation of the use of dumpsters in the City. She explained that during the construction of a new home recently, the contractor had placed a dumpster partially on Oak Drive. When the contractor was asked to move the dumpster entirely onto the new home’s property, SC Cooper noticed that the weight of the dumpster had caused damage to Oak Street. Bill #436 was written to better regulate dumpster usage in the City and help prevent these kinds of issues, said Mayor Taylor. A Motion was made by Alderperson Larson to read Bill #436 by title only for the first time.

AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF CONSTRUCTION DUMPSTERS.

Alderperson Bryant noted that language in Bill #436 referring to temporary exterior storage was ambiguous and suggested that it be changed. Martin agreed to amend Bill #436 by changing the language to construction dumpsters in lieu of the other terminology.

A Motion was made by Alderperson Bryant to read Bill #436 as amended by title only for the second time. Alderperson Larson seconded the Motion and it was unanimously approved.

AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF CONSTRUCTION DUMPSTERS.

A Motion was then made by Alderperson Larson and seconded by Alderperson Bryant to
approve Bill #436 as amended and adopt it as Ordinance #415. The Alderpersons voted as follows: Alderperson Nahnsen – aye; Alderperson Gehringer - aye; Alderperson Larson - aye; and Alderperson Bryant – aye. Mayor Taylor then declared Bill #436, Ordinance #415 approved.

Martin introduced Bill #439 explaining that its passage would amend Title V of the City Code regarding construction bonds. Alderperson Nahnsen made a Motion to read Bill #439 by title only for the first time. Alderperson Larson seconded the Motion and it was unanimously approved.
 

AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI RELATING TO CONSTRUCTION BONDS.

Board members discussed issues surrounding the bill including whether a bond should be secured by contractors prior to the start of a project, and whether that should be in the form of a bond or cash. Other issues discussed included who collects the interest on the money. It was agreed to amend Bill #439 as follows: In Section One, change new Section 500.050 to 500.060; change temporary exterior storage units to construction projects; and delete Multifamily and nonresidential buildings. Board members agreed to table the bill until the January 2009 Board meeting to allow Martin to make changes to the bill.

Martin introduced Bill #440 regarding the City of Frontenac providing municipal court services to handle the City’s nuisance issues and other minor infractions. Martin explained that there will be no cost to the City as Frontenac will reap court costs and fines related to those minor infractions. In addition, the contract will amend the current arrangement with Frontenac for inspections and permitting services to allow our BC to handle the smaller permitting projects. A Motion was made by Alderperson Bryant and seconded by Alderperson Nahnsen to read Bill #440 by title only for the first time. The Motion was unanimously approved and Martin read the bill.

AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE PROVISION OF MUNICIPAL COURT AND BUILDING INSPECTION AND PERMITTING SERVICES.

A Motion was made by Alderperson Gehringer to read Bill #440 by title only for the second time. Alderperson Larson seconded the Motion and it was unanimously approved.

AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE PROVISION OF MUNICIPAL COURT AND BUILDING INSPECTION AND PERMITTING SERVICES.

A Motion was then made by Alderperson Larson and seconded by Alderperson Bryant to
approve Bill #440 and adopt it as Ordinance #412. The Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson Nahnsen – aye; Alderperson Larson - aye; and Alderperson Bryant – aye. Mayor Taylor then declared Bill #440, Ordinance #412 approved.

Mayor Taylor said that at the January 2009 meeting, the Board would discuss the Nuisance Regulation memo drafted by Martin, which outlines the separate but related enforcement mechanisms of “administrative” and criminal.”

Martin introduced Bill #441 which would renew the police, fire and ambulance services contract the City has with the City of Frontenac for 2009. He explained that under the current ordinance, the contract had to be renewed annually by ordinance. The bill would amend Ordinance #403 to allow the City to establish a four year contract with Frontenac, subject to annual approval by the Board of Alderpersons through the budgetary process, thus no separate annual ordinance would be necessary. A Motion was made by Alderperson Gehringer and seconded by Alderperson Nahnsen to read Bill #441 by title only for the first time. The Motion was unanimously approved and Martin read the bill.

AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE PROVISION OF POLICE, FIRE AND EMERGENCY MEDICAL SERVICES.

Alderperson Larson asked City Treasurer Chand about the annual cost of those services that Frontenac provides the City. Chand replied that in 2008 the City paid $8,674 per month for those services and that in 2009 and all future years, the amount would increase by the same percentage rate as the CPI index.

A Motion was made by Alderperson Bryant and seconded by Alderperson Gehringer to read Bill #441 by title only for the second time. The Motion was unanimously approved and Martin read the bill.

AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE PROVISION OF POLICE, FIRE AND EMERGENCY MEDICAL SERVICES.

A Motion was then made by Alderperson Larson and seconded by Alderperson Bryant to
approve Bill #441 and adopt it as Ordinance #413. The Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson Larson - aye; Alderperson Nahnsen – aye; and Alderperson Bryant – aye. Mayor Taylor then declared Bill #441, Ordinance #413 approved.

CITY OFFICIALS:

Street Commissioner: SC Cooper said that two issues had arisen in the City involving water flowing into the street and freezing. He said he contacted the water company on both issues and that they had fixed a leak in a pipe related to the problem on East Drive; however, he added, in the process, they did a substandard job on patching the street afterwards. In addition, the water company had marked the second problem area, but then later removed the markings without correcting the problem. He said he would continue to discuss both issues with them until the matters were rectified.

SC Cooper mentioned the need to protect the City from problems arising from utilities and contractors who cause damage to City property during the course of their work. Martin advised that the City could require a bond prior to any street cuts. In the interim, he added, SC Cooper should continue to contact the water company to ensure they repair the damages. He also said that SC Cooper could stop anyone doing street cuts until they posted a bond with the City.

Financial Report: City Treasurer Diane Chand provided a verbal report of the current Statement of Assets and Liabilities to Board members, a copy of which report had previously been sent to Board members for review.. She stated that the current balance in the City’s Reliance bank account as of November 30, 2008 was $189,413.48 and that the amount in the U.S. Bank money market account was $82,689.50. There were no questions or corrections with regard to her reports.

2009 BUDGET:

City Treasurer Chand began a discussion of the City’s budget for 2009. She noted that for 2009 she had increased the fees to the City of Frontenac for emergency services by the same percentage as from 2007 to 2008 since she did not yet know the CPI amount that Frontenac uses to set the costs for services annually. She said that she was budgeting the same amount as 2008 for administrative costs, office expenditures, phone, insurance and performance bond fee, while she was budgeting an additional $5000 in 2009 for professional fees. As in the past, an amount of $30,000 in the general fund for street repairs would also be in the budget. Alderperson Nahnsen asked how often the City sealed its streets and SC Cooper responded that it should be done every three to four years, while Alderperson Gehringer noted that the streets have been sealed only twice in the last 20 years. SC Cooper, noting that East Drive should be patched and sealed next, said that about $20,000 should be budgeted in 2009 for street maintenance.

Mayor Taylor asked Board members to review the budget and to be prepared for a vote on it at the January 2009 Board meeting. Martin noted that a Notice of a Public Hearing should be posted prior to the meeting.

There being no further questions or business before the Board, a Motion was made by Alderperson Bryant and seconded by Alderperson Larson, to adjourn the meeting and move to closed session for attorney-client communications and personnel issues per RSMo 610.021.1 and 610.021.3. The Motion was unanimously approved.

NEXT MEETING: It was announced that the next meeting of the Board was scheduled for Monday, January 12, 2008.

MINUTES RECORDED BY:______________________________________________
City Clerk, Lois La Driere


ATTEST:_______________________________________________________________
Mayor/Presiding Officer



 



 

 

 

 

 

 

 

 

 

 

   

 

 


 

 
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