Special City Council Meeting

Howdy!

I was informed today that we will be having a special council meeting on Tuesday the 26th at 5:30 or 6:00. The time is not final yet, but it will probably be 5:30.

Here is the informal agenda:

1. A presentation from Darrell Gross (our outside consultant) regarding his analysis on the Downtown Redevelopment District.

2. The other items will be a MODESA meeting update from city staff and a resolution to extend the dates within the original developers agreement for another 6 months so we can continue getting all the work done that still lies ahead.

This is all the info I have so far. I have not been given a copy of the resolution, so I am not sure what it contains. I am going to city hall tomorrow, and hopefully I can get an update. I will keep you posted.

I am excited to here Darrell's presentation. From all I have heard, he sounds like a great asset to the city, and I am interested to hear his take on the project.

Be there if you can.

Reminder: Community Breakfast is Saturday 8 to 10 at the Village Inn. I hope to see you all there.

Community Breakfast

Howdy!!

I will be hosting my 2nd monthly Community Breakfast Saturday 23rd at the Village Inn from 8 to 10 am. The meeting will be informal, and no topic is off limits. See you there!!

Lowdown for the Week

Sorry I haven't blogged on any of the recent activities occurring here in our fine city. It has been a crazy week! I am going to give you the abridged version and you can follow up with any questions you have:

Friday 5/8: (okay...that's been more than a week...sry) I gave a presentation to North Elementary's 2nd grade class. My bonus kido, Karter, attends school there and his teacher, Mrs. Amstutz, asked me to speak on local government. Apparently, 2nd grade is the only grade our kids get any local government education (sad). It was a great time! You can read more here.

Later in the day, I had a meeting with developers of the Downtown Redevelopment area, Plazacorp. I spent about 3 hours with these guys looking at plans and going over numbers. The meeting was very informative and the project is impressive.

Saturday 5/16: Council Retreat at the New OC. If you haven't been to the OC, you need to go. The meeting went from 8:30 - 2ish and was jam-packed with information to help catch everyone up on what's been going on. Highlights from the retreat include: Code Enforcement, Letters of Credit, Financials, Public Safety, Parks and Rec, MS4, DNR, and my personal fav. G.I.S. You can get a play by play here.

Monday 5/18: Interview on KSGF mainly concerning Council Meeting Agenda Item Resolution 1587. This resolution dealt with the Downtown Redevelopment area and the redirection of certain tax dollars within that development area. The piece of the resolution that I took issue with was Section 2 that read:

Section 2. The appropriate officers, agents and staff of the City are directed to take all actions necessary, including the execution of all necessary documents, to apply to the State of Missouri for funds pursuant to the Missouri Downtown Economic Stimulus Act pursuant to the financing plan and revenue projections as set forth on Exhibit A.

Exhibit A included a foot note at the bottom that read:

5. Captures 100% of the City's 2% sales tax through 2017, 1.75% sales tax through 2026 and 1.375% thereafter.

Currently, through the TIF rules, the project will capture 100% of the new property tax, and 50% of the new sales tax generated in the redev. area. If we give the other 50% of the sales tax, that means that the sales tax for the OC, which the people voted for in 2006, would be captured in the redev. area, but would not be used for the OC. Instead it would be redirected back into the project. That is where I took issue with the resolution. Although, the resolution would not be binding, if passed, it sends a message that the city is okay with using your vote as a bargaining chip. You can hear more about my position on this resolution here. Special thanks to KSGF and Vincent David Jericho for letting me come on the show.

Later in the day, we had our city council meeting. I will be posting the video this weekend. The afore mentioned resolution was removed from the agenda by its sponsor, Mike Esterl. Since most of the Aldermen had not read the finalized version of the resolution until Saturday, I was not sure how this resolution would be handled. I was thrilled that Mike decided to do remove the Resolution all together. I think it was a good move, and shows the citizens of Ozark that the board of aldermen will be doing what is necessary to protect your tax dollars. You can read more on this decision here.

Tuesday 5/19: State Audit. Susan Montee's office did a great job on this. All I can really say is: Yes, there was some damaging stuff, but nothing fraudulent. I think the worst part was not knowing what was going on, not so much that it was going on. If that makes sense. Now that it's all out on the table, it's not such a big deal. That is the power of transparency in government. Now we know what needs to be fixed and we can all move forward, together as a community. Kudos the the City Admin. and the rest of the city staff for working hard to get many of these issue resolved already. There is a ton of press on this so just check out any of the local media websites. You can also read the entire audit here.

Let me know if you have any questions. You can post a comment or call me 417-231-1045, or send me an email melissadwagner@gmail.com.

Fwd: Agenda for May 18, 2009

 

City of Ozark Missouri

 

 

P.O. Box 295		Fax	417-581-0575
Ozark, Missouri	65721	Phone	417-581-2407

BOARD OF ALDERMEN TENTATIVE MEETING AGENDA

MONDAY MAY 18, 2009

7:00 P.M. COUNCIL MEETING

POSTED May 12, 2009                                          Ordinance #09-016

 

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING(S): May 4, 2009 Minutes.

CEREMONIAL MATTERS:

REPORT ON QUESTIONS FROM PREVIOUS MEETING(S):          

BILLS OPEN FOR PUBLIC DISCUSSION:

A.                   BILLS REQUIRING A PUBLIC HEARING:     

B.                   FIRST READING BILLS:    1.             Bill #2453-Amending Title I, Chapter 110 of the Code of

                                                                              Ordinances of the City of Ozark By Deleting a Portion of One

                                                                              Section Relating to the Agenda for Board of Aldermen Meetings

                                                                              and Enacting, In Lieu               Thereof, One New Portion of the Same

                                                                              Section Relating to the Same Subject Matter.  Alderman

                                                                              Melissa Wagner.      

C.                  RESOLUTIONS:                  1.             Resolution #1586-A Resolution to Award the Bid for the Police

                                                                              Hand Guns.  Alderman Rick Gardner.

2.                    Resolution #1587-Finley River District. Alderman

Mike Esterl.

D.                   EMERGENCY BILLS: 

E.                    PUBLIC IMPROVEMENT BILLS (TAX BILLS):              

F.                    GRANTS:                             1.             Resolution #1585-A Resolution Authorizing the Ozark Police

                                                                              Department to Submit a Grant Proposal to the Missouri Division

                                                                              of Highway Safety (MDHS). Alderman Chris Snyder.

G.                  AMENDED BILLS: 

SECOND READING AND FINAL PASSAGE OF BILLS. NO PUBLIC DISCUSSION. BOARD DISCUSSION ONLY: 

1.                    Bill #2450-Zoning Case #2009-383-209 E. Farmer St., Owner Suzanne Vanvig. R-1CH (R-1C Historic) to R-1C. Alderman Dennis Sparrow.

2.                    Bill #2452-An Ordinance Amending the Code of Ordinances of the City of Ozark by Deleting One Section of Title I, Chapter 110 Relating to "Standing Committees Appointed" and Enacting, In Lieu Thereof, One New Section Relating to a Similar Subject Matter. Alderman Mark Spinabella.

REPORT OF OFFICERS, BOARDS AND COMMITTEES:

1.             Administrative Committee:      1.             STP Urban Allocation.

                                                                2.             State Audit Update.

2.                 Public Safety:                         

3.             Public Works:                         

UNFINISHED BUSINESS:                     1.             Resolution #1584-Awarding the Bid and Authorizing the Mayor to Execute the

                                                                                Necessary Documents to Enter Into a Contract with ___________________ for the

                                                                                Annual Purchase of Low Pressure High Output Amalgam UV Lamps for the Wastewater

                                                                                Treatment Plant. Alderman Melissa Wagner.

NEW BUSINESS/COUNCIL COMMENTS:

MISCELLANEOUS BUSINESS:

                                1.             Pay Bills.

ADJOURNMENT

The tentative Agenda of this meeting may include a vote to close part of this meeting to discuss Litigation-Personnel-Real Estate pursuant to RSMO: 610-021 (1,2,3) and such other matters as may come before the Board.

                Representatives of the News Media may obtain copies of this notice by contacting: The City Clerk's Office at (417) 581-2407 or by E-Mail lwilson@ozarkmissouri.org

(To be posted at least 24 hours prior to the commencement of the Meeting on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for posting notices at the principal office of the Municipal Corporation or Political Subdivision or, if no such office exists, at the building in which the meeting is to be held). In accordance with ADA Guidelines, if you need special accommodations when attending City Meetings, please notify the City Clerk's Office at least 3 days prior to the scheduled meeting.

 

Equal Application of the Law

We had a good board of aldermen's meeting last Monday. There were a couple of controversial topics discussed and I was encouraged by the deliberation and the exchange of ideas that took place. This board will not be rubber stamping anything through.


1. Steve Johnson – Southwest Materials, 2340 W. St. Highway CC. Requesting to Waive Water Impact on Temporary Water Line.

An equal application of law to every condition of man is fundamental.
-- Thomas Jefferson, to George Hay, 1807. ME 11:341

In a 4 to 2 vote, the board decided to charge Southwest Materials the difference between the impact fee they payed for their existing 2 inch line and the impact fee for the new 4 inch line that they wanted to put in. At $1000/per inch, they will end up paying a $2000 impact fee. I voted nay on the proposed solution. I am of the opinion that if you have a rule it should be applied equally. If the rule is not sufficient, than it should be changed. I felt like not applying the entire fee to Southwest Materials might appear that we were giving them preferential treatment. To avoid this, I would have liked to see the code changed to allow all businesses to receive this same exception in the future.


2. Lila Davis-Resident at 407 S. 3rd Ave. Discussion on Code Violations.

I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it.
-- Thomas Jefferson, letter to Archibald Stuart (1791)

There was no vote taken on this issue, only discussion. Don, who is the city employee charged with enforcing property codes presented an informational powerpoint presentation showing us a number of examples of properties that were in violation of the junk car or parking ordinances. He was also able to show us the improvements that citizens made to their properties after he went out to visit with them and talk to them about being in violation. Lila Davis also spoke to the board about her situation and how the ordinances are causing her undo burden, as the vehicles and property in question belong to her son who is often out of town, and she is disabled. Her neighborhood is old and and was not designed for multi car families. Mr. and Mrs. Wilcox spoke to the other side of this issue. They are of the opinion that violations of these ordinances ruin their property's value and are unfair to the rest of the neighborhood.

I visited Lila's neighborhood and found most of the homes were in violation. In fact, all over town there are many businesses and homes in violation. The Ozark Parks and Recreations department is even in violation, as it has buses parked in the grass at the Finley River Park. Personally, I think that if you want to live in a neighborhood where there are rules about what homes should look like and how they are maintained, you should purchase your home in neighborhood that has covenants. This way, you have the right to govern the appearance of your neighborhood through civil litigation.

The board has decided that the parking ordinance is something that needs to be looked into and possibly changed. Until we can further discus this at our retreat on the 16th, the city will not be enforcing this ordinance.

05-04-2009 Board of Aldermen's Meeting

This is the portion of the meeting that occurred prior to going into closed session. No business occurred after we returned from open session. If you would like to see that portion of the meeting let me know and I'll put it up. Again, sorry for the audio, I am working on a way to improve the quality. If you have any economical suggestions or know anyone who would be willing donate old equipment please let me know.

Your Input: Property Rights Vs. Pleasant View

Howdy!

The board of alderman will be hearing testimony on a touchy subject coming up this Monday.  The matter at hand is weather or not people should be able to park their vehicles on the non-paved portions of their own property. In other words, Should citizens be able to park their cars in their yards?  There are a lot of angles to this argument and I’d really like to get your input.

This is such a touchy subject that it made the paper this week:

http://www.ccheadliner.com/articles/2009/05/01/news/doc49f77f65509f9731027800.txt

http://www.ccheadliner.com/articles/2009/05/01/opinion/doc49f732cb65189303225684.txt

The Ordinance:

Section 355.130: Parking prohibited by certain types of vehicles in residential areas

A.     This Section will use definitions that are contained in Section 301.010, RSMo., and as those definitions may be changed from time to time.

B.     It shall be unlawful for any person to park or store any motor vehicle or trailer of any type without current license plates or any inoperable vehicle on any street, highway, private road or driveway in any area zoned "residential" within the corporate limits of the City of Ozark as established by the Official Zoning Map except that such motor vehicle or trailer may be parked or stored in a completely enclosed building or garage.

C.     All vehicles permitted to be parked in residential areas shall be parked on a paved surface.  (Ord. No. 06-016 §2, 2-20-06; Ord. No. 08-028 §1, 7-21-08)

My Thoughts:

I can easily see both sides of this argument.  The problem lies in that either way you go, you run the chance of stepping on someone’s property rights.   If you allow people to park their cars in their yard, it may decrease the property values of the neighboring properties.  As I see it, my rights end where yours begin.  However, I do not believe that parking a vehicle in your yard, whether it is legally tagged or not, will diminish property values in and of itself.  If that vehicle is on blocks and is leaking oil and rusting…that is a different story.  On the other hand, shouldn’t you be able to park whatever you want on your own property?

Personally, I don’t like the way the ordinance reads.  At my house, we have 4 vehicles.  One of which is a huge 1983 suburban that we rarely drive.  Like a lot of folks, our garage is a storage unit for everything other than our cars.  Luckily, we have a street that is wide enough to park on so we can park a vehicle in front of the house.  There have been times where we have needed to make space in the driveway and have parked our suburban in the back yard or at the side of the house for days at a time.  If our road wasn’t wide enough to park on, that suburban would stay parked in the yard all the time. Frankly, it’s my yard and I should be able to park in it if I want to, and it wouldn’t hurt my feelings if my neighbors did the same thing.

Regardless of how I feel about the ordinance, it exists.    And while the law exists, it should be applied equally.

As for my opinion about this specific case, I will hold my judgment until I am able to hear all sides on Monday. 

Let me know what you think about the way the current ordinance is written.  Do you think it should be revised and how?  What is your common sense approach that would allow people to park in the yard when they need to, but would maintain the beauty of our city?