The Board of Aldermen held a meeting on Tuesday night July 16, 2013 at 7:00 PM. Those present included Mayor Greg Richmond, Alderpersons Keith Kohley, Calvin Wilson, Alice Kezar and Bill Hess. Also present were City Supervisor David Brodie, Chief Curt Drake, Emergency Management Director Denis Kolb and City Clerk Paula Brodie. Guests included Walter L. Jeffers, Lois Kolb, Carlton Lewis, J.R. Fisher, Marshall Long, Roger Coe and Carol Coe.
The Mayor called the meeting to order at 7:00 PM.
The Board of Aldermen discussed the minutes from the meeting on July 2, 2013. Ald. Hess moved to approve the minutes from July 2, 2013. Ald. Kohley seconded. Ald. Hess, Kohley and Kezar voted aye with Ald. Wilson abstaining.
David asked if Mrs. Clark could be acknowledged first as her husband was not well and she needed to get home to him. Recia Clark was present and asked the Board if they would work with her on her upcoming August bill. She said that they knew they had a leak and had been working on it for over a week and could not get it repaired. She said they hoped to get it fixed this week. David noted that she knew it was possible that her August bill would be high and need to be averaged. Ald. Wilson moved to average her August bill if it needs it. Ald. Kohley seconded. Ald. Hess, Kohley, Kezar and Wilson voted aye with 0 nays.
The Mayor acknowledged Roger Coe. Mr. Coe was present to ask for a variance on the 5’ requirement for pllacing an accessory building on his lot. Mr. Coe brought a sketch of where he would like to put the building. He stated that he was going to place all of the items that were stacked around his property in the building (carport). J.R. Fisher informed the Board that the surveyor he hired could not come until this coming Thursday to do his surveying. The Mayor stated that he understood Mr. Fisher had an objection to the Boards approving a variance for Mr. Coe. The Mayor asked if there was anyone else present who had an objection to the variance. Roger stated that he would not be placing his building on anyone else’s property. Mr. Fisher asked if there was an Ordinance limiting the amounts of accessory buildings on a property. The Mayor said he did not know if the City had an Ordinance restricting the amount of buildings on a property. Marshal Long asked if there was a footage requirement on setting the buildings from the property line. He was told that the footage is 5’ from the property line. Marshall asked when the code took effect. It was noted that the Zoning Codes where passed in January of 2001. The Clerk stated that at the time the Zoning Code was passed the Board held several meetings asking for public input because they knew the Code would impact all of the community once it was in place. Marshall said then anything done before the code was passed would be grandfather in.
Mr. Coe stated that his wood shed stood about 3’ from the property line and that is where he was going to place his new building. He said the building was about 24’ by 24’. Mr. Coe stated the building would face east and that he wouldn’t be able to get in and out of it if he put it any closer to the house.
The Mayor asked the Board if they were considering giving the variance. He said if they weren’t there was no point in Mr. Coe filling out the request. He stated that the procedure took about 60 days. Mr. Coe stated that he hoped the Board would approve his request. He noted that once his building was up he could move all of his things into it which would help his property to look better. Marshall stated that the fence Mr. Fisher put up made the corner coming unto Main Street look a lot better.
Mr. Fisher said that if someone had a building on someone else’s property could that be grandfathered in. He was informed that where the building was placed was not the subject of the being grandfathered in. It has to do with when the building was put on the property. Before or after the Zoning Codes were put in place.
Ald. Kohley asked Mr. Fisher to explain how the situation started between him and Mr. Coe. Mr. Fisher stated that he had been told that Mr. Coe was going to face the building to the west. He said that by placing the building to the west the only way Mr. Coe would have access to his building was by crossing his property. Mr. Fisher said that he wanted to nip it in the bud so he put up the fence.
Ald. Kohley asked Mr. Fisher is he was sure he had his fence on his property. Mr. Fisher stated that he was very sure it was on his property.
Mr. Coe stated that he wanted to put the carport on only one of his lots. The Mayor asked why the building being one foot on his other lot would keep him from selling the lot. Mr. Coe stated he would not want to sell the building with the lot. The Mayor stated that if the building was a temporary building it could be moved if he sold the other lot.
Ald. Kohley asked Mr. Fisher if he would have a problem with Mr. Coe placing his building 3’ from the fence line. Mr. Fisher stated that wasn’t the point. He said the Zoning Codes have been in effect since 2001 and people have not asked for it to be changed so it must be something that people want. He said people must have a concern about other people in crouching on their property.
Mr. Coe asked if a brand new carport was more of an eyesore than his other stuff being piled around. It was noted that whether the carport was new and what he was going to do with his other items was not the question. The Mayor stated that if the Board approved the variance it would not change the Ordinance. It would be a variance for Mr. Coe this time and then it would have to be looked at every time someone else wanted a variance. Ald. Hess stated that if the neighbors were in agreement it would be an easy decision, but since they were not he felt that the Board needed to follow the procedures on a variance request.
Mr. Coe stated that Mr. Fishers fence was closer than the 5’ feet requirement from the lot line. He was told that fences were not required to be five feet from the property line.
Mr. Fisher stated that he would pay for the ad for the public hearing.
The Mayor asked the Board if they wanted to have Mr. Coe start the variance procedure. Marshal stated that if the Zoning Ordinance was written with specific procedures on issuing variances the Board would have fewer problems in the future if they follow the procedure.
The Mayor stated that the Board would like Mr. Coe to start the variance process.
The Board discussed averaging Clyde Hopper’s water bill due to a water leak. David reported that the leak was between the meter and the house. He said that Mr. Hopper had hired a back hoe operator and had a new line installed. David noted that the house was empty and for sale. The bill was $253.59 with the average being $42.17. Ald. Wilson moved to average the bill at $42.17. Ald. Kohley seconded. Ald. Kohley, Hess, Kezar and Wilson voted aye with 0 nays.
Carlton Lewis stated that he was still having trouble with speeders on Main Street. He said he understood that the police department had been short staffed but understood that the new officer had been on duty for a month now and the speeders still had not decreased. Chief Drake stated that he understood Mr. Lewis’s concerns, that he had tried to cover Main Street more, but he could not always cover Main Street. He said that there were many streets in town; many citizens have numerous situations, which the officers had to attend to. Mr. Lewis asked how many tickets the new officer had written. Chief Drake replied that he would not comment on how many tickets the new officer had written. He noted that he had written 5 tickets on Main Street himself in a short period of time, but that he had many duties, including patrolling all the streets in town not just Main Street.
The Board began the business section of the meeting starting with unfinished business.
The Mayor noted that the Missouri Department of Transportation Department had approved the first part of the City’s application to annex in South 59 Highway. He noted that the next steps were to send letters to the County Commission, the City of Anderson and all land owners along the petitioned right of way. The Mayor noted that the Board had received copies of letters to approve in their packets and they needed to decide on a public hearing date.
Ald. Wilson moved to proceed with step 3: The Comment Period from the Missouri Department of Transportation required for voluntary annexation of State Right-of-ways. Ald. Kohley seconded. Ald. Kohley, Kezar, Hess and Wilson voted ayes with 0 nays.
Ald. Wilson moved to hold the public hearing on the voluntary annexation of South 59 Hwy on August 20, 2013 from 6:00PM to 6:30 PM. Ald. Kohley seconded.. Ald. Kohley, Kezar, Hess and Wilson voted ayes with 0 nays.
The Board discussed the need to set a public hearing date to set the 2013 tax levy. Ald. Wilson moved to hold it at 6:30PM to 6:45PM on August 20, 2013. Ald. Kezar seconded. Ald. Kohley, Kezar, Hess and Wilson voted ayes with 0 nays.
The Board discussed when to hold Tom’s retirement party. The Mayor stated that he felt that Tom would like to have the party as a private affair instead of an open public affair. The Board set 6:00PM on August 3, 2013 for Tom’s retirement party. They noted that it would be a private affair by invitation only.
Under new Business the Board discussed the following
The Board discussed putting the 1988 Chevrolet 1 ton V-8 454 Automatic truck out for bid. David stated that taking the pipe rack off would damage the bed so he suggested leaving it on. Ald. Wilson moved to put it up for bid by posting notice around the city. The Board agreed to place the bid on Craig’s list too. Ald. Kohley seconded. Ald. Kohley, Kezar, Hess and Wilson voted ayes with 0 nays. The Board agreed that the sealed bids must be turned into the city by August 5, 2013 at 4:00PM. The bids will be opened at the meeting on August 6, 2013.
The Board heard the following Department head reports.
a. Chief Drake. Nothing to report.
b. David Brodie. Told the Board that the Department of Natural Resources required the City’s new wastewater permit to be posted for all citizens to see and comment on. Once the comment period is over the city will receive its permanent permit. He noted that they had changed a couple of things on the permit. Two of the items they gave the city two years to come into compliance. He said they also changed the PH requirement, and gave the city 1 year to come into compliance. He said he would keep the Board advised.
Ald. Kohley said he wanted to thank the city guys for the good job they had done mowing, weed eating and bush hogging around the City.
c. Denis Kolb- noted that there was no Internet in the Emergency Management Department. Curt noted that Michael Keels had been notified and would look into the situation.
d. Dawn Bunch was not present.
e. Paula Brodie- Noted that she had given the Board the 6 month budget, June’s financial statements, copies of a letter from MML regarding education for elected officials and Junes Court report in the packets.
Noted that the City Wide Garage Sale is August 3, 2013 from 8:00AM to 3:00PM.
Noted that she had put the City’s 6month financial report in the paper that is required by Missouri State Statutes.
Noted that the Missouri Municipal League is holding their annual fall training in Branson this year in September.
The Mayor noted that the First Micronesian Church wants to use the ballpark including the lights and bathroom facilities on August 10th and 11th. He noted that they want to use the lights until 12:00 PM both days. The Board discussed the need to decide on whether or not they were going to set a fee for the use of the ballpark facilities and they also discussed how late to allow the use of the ballpark and lights. The Board agreed not to charge this time, however David is to take a water reading and an electric reading to find out how much it would cost to use both the water and lights for a weekend tournament. The Board agreed to allow the church the use of the lights, but only until 11:00PM on Saturday and 10:00PM on Sunday. The Board is to discuss completing an application and deciding on a fee at the next regular Board meeting.
David noted that the Google earth vehicle was in town last week redoing the city map.
Marshall Long stated that ISO will be in town this month rating the Fire Department and the City’s water system. The results will be reflected on home owner’s insurance policies in the future. He noted the lower the rating number is the lower the cost of the fire insurance.
The Board discussed having the Missouri Rural Water Association do mapping of the City’s water system. It was noted that in the paper that the MRWA had done the mapping for the City of Pineville for $5,000.00. David is to find out cost estimates and the Board tabled further discussion until the next regular meeting.
The Mayor stated he would like the city to look into a recycling program. He also stated that he would still like to have an announcement cabinet put up outside the city hall.
The Clerk asked to be allowed to attend the next conference put on by the Missouri City Clerks and Finance Officers Association, in conjunction with the Missouri Municipal League’s annual fall seminar. She noted that it is going to be a one day class on Sunday September 15, 2013 from 9:00AM to 4:00PM for $125.00. The credit hours go towards her designation as Master Municipal City Clerk. Ald. Kohley moved to pay for the class. Ald. Wilson seconded. Ald. Kohley, Hess, Kezar and Wilson voted aye with 0 nays. The Board stated that they would consider sending her to the Annual MML conference when she found out how much the cost was. She is to report back to the Board at the next regular Board meeting.
The Board discussed the bills including transfers in the amount of $27,370.00. Ald. Wilson moved to approve the bills including transfers in the amount of $27,370.00. Ald. Kohley seconded. Ald. Hess, Kohley, Kezar and Wilson voted aye with 0 nays.
Ald. Wilson moved to adjourn. Ald. Hess seconded. Ald. Kohley, Hess, Kezar and Wilson voted aye with 0 nays. ________________
Greg Richmond, Mayor
Paula W Brodie, MRCC, City Clerk Approved:___________________ Date: ________________