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? 

Ozark City Council Meeting Agenda

BOARD OF ALDERMEN TENTATIVE MEETING AGENDA

MONDAY MAY 4, 2009

7:00 P.M. COUNCIL MEETING

POSTED APRIL 29, 2009 Ordinance #09-015



PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING(S): April 20, 2009 Minutes.

CEREMONIAL MATTERS:

1. Proclamation-Teacher Appreciation Week.

2. Proclamation- Building Safety Week.

REPORT ON QUESTIONS FROM PREVIOUS MEETING(S): None

BILLS OPEN FOR PUBLIC DISCUSSION:

A. BILLS REQUIRING A PUBLIC HEARING: Zoning Case #2009-383.

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

B. FIRST READING BILLS:

1. Bill #2451-Approving the Final Plat of Deerbrook Industrial Park. Owners MDP Construction & MDP

Properties, Inc. Alderman Rick Gardner.

2. Bill #2452-An Ordinance Amending the Code of Ordinances of the City of Ozark by Deleting One Section of Title 1, Chapter 110 Relating to “Standing Committees Appointed” and Enacting, in Lieu Thereof, One New Section Relating to a Similar Subject Matter. Alderman Mike Esterl.

C. RESOLUTIONS:

1. Resolution #1583-Authorizing the City Administrator to Execute Supplemental Agreement No. 1 to Engineering Services Contract with Matthews & Associates, Inc. for Design and Construction Inspection of the Safe Route to Schools Sidewalk Project Phase 3. Alderman Chris Snyder.

2. 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 Dennis Sparrow.

D. EMERGENCY BILLS: None

E. PUBLIC IMPROVEMENT BILLS (TAX BILLS): None

F. GRANTS: None

G. AMENDED BILLS: None

SECOND READING AND FINAL PASSAGE OF BILLS. NO PUBLIC DISCUSSION. BOARD DISCUSSION ONLY: None

REPORT OF OFFICERS, BOARDS AND COMMITTEES:

1. Administrative Committee: 1. Chris Stone Economic Development/Chamber Update April 2009.

2. Update on the May 16, 2009 Council Retreat.

2. Public Safety:

3. Public Works:

UNFINISHED BUSINESS:

NEW BUSINESS/COUNCIL COMMENTS:

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

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

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.

Information From Around the Ozarks On KSGF

A big thank you to KSGF and Vincent David Jericho for spending some time discussing some of Springfield’s surrounding areas.  If you missed the program this morning you can catch the interviews here:

Christian County Sherriff Joey Kyle

http://www.ksgf.com/DesktopModules/Orizonti_NukeNews/getLink.aspx?pid=67&tid=3508&newsid=46542

Nixa Alderman Michael

http://www.ksgf.com/DesktopModules/Orizonti_NukeNews/getLink.aspx?pid=67&tid=3508&newsid=46539

Ozark Alderman Melissa Wagner

http://www.ksgf.com/DesktopModules/Orizonti_NukeNews/getLink.aspx?pid=67&tid=3508&newsid=46538

Video: 4-20-2009 Ozark Board of Aldermen's Meeting

I recorded it in the wrong format so the file was too big and I have to break it up into sections...The audio is less than ideal as well...this will be better next time.

FBI Announces 1st American to make the top 10 most wanted terrorists list

While listening to CSPAN on my drive home today, I heard the FBI announce they have added the first American to their "Most Wanted Terrorist List".  You can catch the FBI's story here: http://www.fbi.gov/page2/april09/wanted042109.html.  His name is Daniel Andreas San Diego and he is from San Fransisco.  

If you read the Department of Homeland Security's recent report on domestic terrorists and the militia movement your first thought is probably that San Diego is some Right-wing, gun loving, skin head....WRONG!

San Diego has been added to the list because he is "An animal rights extremist wanted for allegedly bombing two San Francisco-area office buildings in 2003 has been added to our Most Wanted Terrorists list—the first domestic terrorist to be included with international terrorists such as Usama Bin Laden."

"San Diego, known to be involved with a group called SHAC—Stop Huntingdon Animal Cruelty—is wanted for his alleged involvement in bombing two biotech facilities that did business with Huntingdon Life Sciences, a company that conducts animal experimentation for the medical and pharmaceutical industries." 

I didn't notice SHAC on Missouri's report of domestic terrorist threats.  In fact, I didn't notice any left wing extremist groups.....interesting.