Government > Minutes of Previous Board Meetings

Board of Aldermen - 2/09/2009

MINUTES OF A REGULAR MEETING OF THE BOARD OF ALDERMEN OF THE CITY OF UNION, FRANKLIN COUNTY, MISSOURI.

Union, Missouri

February 9, 2009

Be it remembered that the Board of Aldermen of the City of Union, Franklin County, Missouri, met in regular session at City Hall, 500 E. Locust St. at the hour of 6:30 p.m. on the 9th day of February, at which time there were present the following:

Mayor: Mike Livengood, Presiding

Aldermen:

Paul Arand, Ward 3

Robert Schmuke, Ward 1

Tammy Stowe, Ward 3

Karen Erwin, Ward 4 Michele Schroeder, Ward 1

Bill Isgriggs, Ward 2

Don Wurdack, Ward 4

Dale Schmuke, Ward 2

Absent: None

Others: Russell Rost, City Administrator Harold Lampkin, Pub Wks Dir.

Jonita Copeland, City Clerk Patty Pohlmann, Dep. City Clerk

Norman Brune, Police Chief Tim Melenbrink, City Attorney

Joseph Graves, Comm. Dev. Dir. Heather Keith, Finance Officer

Kevin Arand, Park Director Ruth Dowil, City Collector

Jonathan Zimmermann, City Eng.

Media: 1 Others: 6

*Denotes items approved by Consent Agenda.

1. OPENING OF MEETING - A quorum being present, Mayor Livengood declared the Board to be in session for the transaction of business.

a) The Pledge of Allegiance - The Pledge of Allegiance was recited by those present.

b) Approval of Consent Agenda – Motion to approve the Consent Agenda, Arand/Erwin-2nd, approved 8-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: 01/12/2009*

b) Special Board of Aldermen Meeting - None

3. OLD BUSINESS - None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Backstoppers Presentation by Chief Hahn – Chief Hahn made a presentation on behalf of the Backstoppers organization, focusing on membership and how anyone can become a member. He explained their purpose and encouraged everyone to consider membership and to attend a banquet for this organization to be held on March 7th, at the Elks Club in Washington. It was also discussed that employees could have this membership donation deducted from their paycheck.

b) Public Hearing – Voluntary Annexation/Rezone Klenke Property – 1260 Denmark Road.

The Mayor opened a Public Hearing to allow the Board and citizenry the opportunity to review the application of Richard Bolzenius, Gen. Ptr., for voluntary annexation and rezone of Klenke Farm, LP at 1260 Denmark Road.

The City of Union Zoning Code was introduced into the record of the public hearing. The Union Planning and Zoning Commission recommended at its regular session held January 26, 2009, that the Board of Aldermen approve the application for voluntary annexation and rezone.

No one present expressed opposition to the rezoning. Following all comments and questions by the Board of Aldermen, and all interested citizenry, the Mayor closed the public hearing. Audiotape of said hearing shall be on file in the City Clerk’s office until February 9, 2010.

c) Presentation - Hwy A Stimulus Project – Jim Briggs, City Administrator from Washington, Missouri, addressed the Board with a proposal for road improvements to Highway A. This would be a joint effort between Union, Washington, and Franklin County submitted as a project for the federal stimulus funds. The Board then discussed with Mr. Briggs the details of the project.

Motion: To support this joint effort to apply for funding through the federal stimulus funds for road improvements for Hwy A. R.Schmuke/Isgriggs-2nd, approved 6-2 (Erwin/Wurdack).

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5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications- The Mayor commented on the winter weather we had and hoped everyone fared well. He thanked the street department for doing a great job with the snow removal.

b) Parks, Building, Development and Public Service Committee – 1/20/2009

Karen Erwin, Chairman - Paul Arand, Bill Isgriggs, Michele Schroeder, Robert Schmuke and Tammy Stowe, Members.

Update-Downtown Parking Research - Nothing new to report as the business that had parking concerns have made arrangements with Franklin County for employee parking. Russell has received no new complaints. The committee recommended removing this item from the agenda.

Update-Discussion of connection to Hwy 50 West of Independence – The City Engineer, Jonathan Zimmermann, has talked with a representative of MoDOT about a possible connection off of Hwy 50 west of Independence. He was informed that it could be possible, as we probably would meet the classifications required. Landowners Tony Bequette and Doug Wilmesher have requested this possibility of adding a second ingress and egress point off of Hwy 50 to service the KO KO Beach Road area. The committee discussed to see if the City would even be able to accommodate their plans for this connection. Chairman Erwin asked Jonathan to have these landowners come back to this committee to discuss their plans in more detail.

Update-Discussion of 2010 Comprehensive Plan – Community Development Director, Joey Graves, presented some examples from other cities of RFQ’s for a comprehensive plan and discussed the preparation for a new plan for Union. He pointed out that some cities put together committees to help with the process and suggested a committee that he would chair of the following: 2 members from the Board of Aldermen, 1 member from the Chamber of Commerce, 1 member from Union Planning & Zoning Commission, 1 member from the Park Advisory Board and 1 member from the Union R-X1 School District. This committee would help narrow down the RFQ’s that are received, which would then be submitted back to this committee of Parks, Building Development and Public Service. They would make a recommendation and the Board of Aldermen will make the final decision on which of the RFQ’s would be chosen to do the Comprehensive Plan. The committee then discussed the pros/cons of going outside the City for this service. Mayor, Mike Livengood, addressed the previous comprehensive plan, 2010. While most of the goals have been met there are some that has not, which are good goals to try and complete. He suggested the Aldermen review the 2010 Comprehensive Plan again and discuss at this committee’s next meeting. Chairman Erwin also asked that Heather Keith, Finance Officer, attend to assist with cost projections, if feasible. Copies of the 2010 Plan will be distributed to the Aldermen.

Alderman Wurdack has scanned the 2010 Comprehensive Plan and it is now available on the City’s website for anyone that would like view it.

Report of revenue vs. expenditures for Founder’s Day-Parks Department – Chairman Erwin reviewed over the Founder’s Day Expense Report for 2008. She questioned the salaries for overtime expense and just wanted to bring this to the Park Director’s attention. The committee discussed this expense for the previous two years and the overtime for the police officers, which was not listed. Kevin Arand, Park Director, stated he is looking into a different way for weekend scheduling and that he too had noticed the overtime expense.

Update – Park Projects – Kevin Arand, Parks Director:

Hoffert Park – A new swing set has been purchased by the Lions Club. It is a four swing unit with two infant and two strap seats.

Main Park – Two new ADA water fountains will be placed in the main park, compliments of the Rotary Club.

Handicap Park - Kevin would like to implement a handicap park in the main park which would accommodate a wheel chair. The cost is approximately $31,843, and he is seeking donations for $15,000 of this cost. He would like to submit the remaining cost $16,843 as a capital improvement project in his budget for fiscal year 2009-2010. He discussed with the committee on what a great asset this would be for Union.

Update – College Meadow Park Project – This is another capital improvement proposal for the 2009-2010 fiscal year budget for the Parks Department. Kevin reviewed over the cost of the proposed park, which is $44,065.

Request from Ken Allen to adjust water bill- There was nothing to report as this item was resolved before the meeting.

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Change in local broadcast to HD and channel 993 – Russell had a meeting with Eddie Trower, Government Relations Manager of Charter Communications, referencing Union’s government access channel #6. He informed Russell that they will be changing the government access channels to HD from analog and grouping them together in the 990’s area. Union’s number will be 993 and to view you must have HD capability, either through an HD television or an HD adapter (if you have an analog television) and your cable service. The meetings on the government channels will also be available for viewing at anytime through the On Demand feature.

Discussion of E. Syncronist (Ameren) – Community Development Director, Joseph Graves, presented a business development support of partnership program from Ameren, that they would like the City of Union to be a partner in. He explained the program, which will focus on the gathering of company-specific data through direct interviews with existing companies in a defined geographic area. Joey can utilize this information for business retention and expansions. Chairman Erwin recommended Joey to have the City Attorney, Tim Melenbrink, review the program, before submitting it in ordinance form to the Board.

While on the subject of Ameren, Chairman Erwin questioned what the Union Municipal Charge on the Union electric bills and other utility bills is for. Russell explained it is a franchise fee of what those companies pay to access easements that the city owns. Chairman Erwin asked Greg Jones of the Union Missourian, if he would put an article in the paper explaining what this charge is for, as residents have questioned her.

Alderman Don Wurdack questioned agenda item #7 that was not discussed, referencing how usage could be accrued, when the account was closed. Russell explained if usage is detected on a closed account, the account is then reactivated. He then explained the situation with Mr. Ken Allen from agenda item #7, that has been resolved.

Alderman Michele Schroeder asked to place a request on the committee’s agenda to change the ordinance referencing a landlord’s liability for utility charges. She referenced other utility’s requirements for this, such as AmerenUE, referencing where the landlord is not responsible if a tenant moves out. Russell Rost briefly discussed why this ordinance is written the way it is, as it is tax payers money unlike other utilities. At the next committee meeting it can be discussed further, where everyone is more prepared. He will have the Utility Billing Clerk, Debbie Klenke, to attend as well.

Chairman Erwin asked that this item be placed on the committee’s March meeting, as several people who would like to attend cannot be present at the February meeting.

The City Engineer presented an article for informational purposes of how MoDOT sets their speed limits.

Motion: To approve the committee’s report. Wurdack\Isgriggs- 2nd, approved 8-0.

c) Personnel, Finance and Public Works Committee

Dale Schmuke-Chairman, Paul Arand, Bill Isgriggs, Michele Schroeder, Karen Erwin and Donald Wurdack, Members.

Update – Paperless Council – The City Clerk, Jonita Copeland, gave an update as to the next step with the paperless council process. An internal committee of staff is being put together to review what has been researched up to this point and to start researching the hardware we’ll need and try to implement that with what we have. The goal is to get a cost estimate for the whole process, from software, hardware, installation and maintenance and submit for the 2009-2010 budget if feasible.

Update-Hwy 50 Project – The City Engineer, Jonathan Zimmermann, presented the bid results for the waterline relocation project. Out of ten bids, KJU, Inc. was the lowest bidder with a base bid of $364,361.50 and an alternate bid of $377,195.00. Jonathan explained the alternate bid, which allows for a ten inch water line instead of eight, is worth the extra cost. He along with Jeff Huck of Cochran, recommend awarding the bid to KJU, Inc. for $377,195.00. Jonathan then addressed the potential cost overage with this project, which is the rock they will run into when constructing the waterline. An accurate bid could not be given for rock removal, as they can not determine how much there will be. Jonathan explained how the cubic yard of rock removal is figured on a graduated scale. The committee discussed the budgeted cost ($288,000) for this project and the locations of the borings and their importance to this project. And, that a change order most likely will be forthcoming for the rock removal possibly costing and additional $92,000. The committee recommended accepting the recommendation of Cochran and the City Engineer to accept the alternate bid of KJU, Inc. in the amount of $377,195.00 for the waterline relocation with the Highway 50 project.

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Update-Public Works Projects – City Engineer – Jonathan reported on the following:

Church Street: Jonathan presented the bids from Church Street, and the lowest bid is Kozeny-Wagner, Inc. Base bid is $1,332,423.77. He then explained a cost breakdown sheet he presented of the Church Street project, which included alternate #5. He then discussed the federal stimulus package funding that municipalities can apply for. He is recommending awarding the base bid only from Kozeny Wagner, Inc. and the alternate #5 cost can be submitted for funding through the stimulus package, which would be reimbursed at 100%. If the funding was not accepted, then he would proceed as previously planned with the federal funding of 80/20. Dave Christensen, Cochran, was present to explain how the application for funding is done and the deadline dates, which are within the next two weeks.

The committee recommended accepting the base bid at this time of Kozeny-Wagner at $1,332,423.77, which the City match would then be $501,189.17 for the Church Street Project.

Police Station Improvements – Jonathan reported on the bids received for the police station improvements (retaining wall/sidewalk) and the lowest bid was Powers Concrete, at $10,895.00. The budgeted cost was $15,000, so the landscaping possibly can be completed as well. Jonathan discussed with Powers Concrete to ensure the bid was complete. The committee recommended accepting the bid of Powers Concrete at a cost of $10,895.00 for the police station improvements.

Jonathan has since talked to Powers Concrete and they informed him that they have made a mistake in their bid. They forgot to add the cost of the brickwork ($3,000) to their bid. Jonathan will have to talk to the City Attorney and then will report on at the next committee meeting.

Main Street Project (STP6200) – Jonathan presented the engineering contract with Cochran for the Main Street improvements from Highway 47 to Springfield and discussed with the committee, along with Dave Christensen of Cochran. The committee recommended proceeding with preparing the contract in ordinance form for Board submittal.

Update Deep Well #6 – Jonathan reported the site improvements are being finished, storm sewer and site grading. Next will be the electrical contract. The building is substantially complete.

Discussion of Business License Fees – Ordinance Change – Community Development Director, Joey Graves and the City Attorney, Tim Melenbrink, presented the ordinance that Tim had prepared for the change to the business license fees. One change that Tim would like to add to the ordinance is to clarify that when an existing business changes locations, the re-application fee will be $50.00, instead of $30.00. However, when they renew their license for the year it will remain at the $30.00 fee. Alderman Erwin questioned if the penalty of $20.00 for not renewing by May 1st is a one time penalty and the response was yes. The City Administrator added that they will be having the police department get more involved with the delinquent businesses informing them there license needs to be renewed.

The committee recommended the ordinance as submitted with adding the change that the existing businesses that relocate will be charged $50.00 for a reapplication fee, but renewal fees will remain at $30.00.

Update – Hwy 50 Partnership – The City Administrator, Russell Rost, has met with all of the legislators now, referencing the project. The question now will be MoDOT’s priority on funding. The City Engineer will be attending a meeting on this Friday and then he report back to the Board. Jonathan reported back from the meeting where he received a brochure of the projects priority listing and it has not changed from when Russell attended the July meeting.

Stimulus package requested project list - Alderman Wurdack had expressed interest in the federal stimulus package funding if it would be a worthwhile cause for Union. Jonathan, along with Dave Christensen of Cochran, then explained the funding, how many projects we can apply for and what they would like to submit. There are two rounds of funding, one is for June of 2009 and the other is for June of 2010, with deadline dates for submittals for both within the next two weeks. After discussing each with the committee the following is the recommended submittals from Jonathan and Dave:

Church Street Alternate #5 for the first round of funding. (Dave stated he would not charge for this project and reiterated that all other application fees of $5,000 is reimbursed if the projects are not accepted). Jonathan stated this would be for all alternates to Church Street.

Springfield (overlay and curb/ramp replacement project) for the first round of funding, design cost $34,097.

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Denmark Road Improvements for the second round of funding. Denmark is currently an STP Project scheduled for application for March of 2009, a five year plan, where funding is 80/20 If submitted to the stimulus package and funded it could be reimbursed 100% and could be completed sooner. Cochran is proposing to do the engineering design services for approximately $87,000. Dave explained a breakdown of the cost if funded through the federal stimulus package funding. Committee discussed Denmark Road if more can be constructed since there would be a cost decrease if accepted by the stimulus funding and that lighting on the road should be added to the project. The committee recommended pursuing the funding with Cochran in Round One for Springfield, and Round Two for Denmark Road.

STP Project for Prairie Dell – Dave then discussed applying for an STP Project for Prairie Dell, widening from Highway 50 to College Road. Estimated cost of local match is $376,765. This is a grant application for March 2009, with the construction anywhere from 2011 to 2013 if funded. Alderman Erwin questioned the lighting on this road as well, that it should be included in the project.

The committee recommended pursuing the STP Grant Application for Prairie Dell Road with Cochran. The vote passed 4-1(Wurdack). Alderman Erwin questioned Aldermen Wurdack’s reason for opposing on this issue. He felt there are other streets to look at before designating Prairie Dell and as this was just presented to him he did not feel he could vote yes at this point. The committee then discussed Denmark Road and improving more than what was suggested, but after discussing it was decided to leave the submittal as it.

Wastewater/Denmark – Jonathan has applications that require the Mayor’s signature referencing the antidegradation review summary. Applications, included with the committee minutes. The committee recommended the Mayor sign the applications.

Discussion of payments on interest for park property – Russell questioned the committee of how they would like to handle the simple interest payments on the loan for the park property, whether it be monthly or pay at the end June 2010 the whole amount. The committee discussed and decided to pay monthly. An e-mail printout will be sent to the finance director for the monthly interest due for payment. The committee recommended paying the interest monthly.

Request for information to prepare package insurance proposal – Russell has received a request from Schroeder Insurance to prepare a package insurance proposal for our liability insurance, currently provided by MIRMA. He explained the benefits we currently receive from MIRMA. In preparing this proposal, Schroeder Insurance requires a lot of detailed information that requires a lot of staff time to retrieve. Russell is requesting to send them a letter to inform them to send this request at the time of renewal, which is towards the end of the year. This would eliminate having to do this research twice. The committee discussed and agreed, but noted this would be open to all insurances that wish to submit a proposal.

The committee recommended the City Administrator’s recommendation to notify Schroeder Insurance by letter to submit their request at the time of renewal. Chairman Schmuke asked that this be brought up for discussion before it comes up again.

Request for salary increase – Municipal Court Judge – Alderman Erwin addressed the issue of a salary increase for the Municipal Court Judge’s position. She stated she has requested for quite some time to get an increase for this position and was always informed it was not the right time for this request. She feels now is the right time before the Judge, Leneigha Downs, starts a new term, and read Article VII. Section 13 from the Missouri Constitution. The article states that the compensation of state, county and municipal officers shall not be increased during the term of office. The timing is questionable, as in the past it has been addressed that a salary increase must be set before the filing date. A letter was received on February 2, 2009 addressed to the City Administrator, from Judge Downs, referencing her upcoming budget for the Municipal Court Office, where she is requesting a salary increase from $3,000 a year to $5,484.00. This letter was presented to the committee, along with a salary survey of surrounding City’s salaries for municipal judge for comparison. Alderman Erwin stated she had not seen this letter prior to this committee meeting and thanked staff for the salary survey. She also expressed concerns of the reasons that she has heard for why the salary increase must be made before filing date. Chairman Schmuke stated that would have liked to have seen this increase done before the filing date. Alderman Erwin reiterated that she has been requesting this before now and wanted it noted that this is not a personal request. She feels the Judge deserves an increase as we pay our other employees well, why not the Judge. Mayor Mike Livengood addressed the committee stating he agrees the position needs an increase, but it should be done before the filing of office.

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He also questioned why Alderman Erwin is addressing this request, and why Judge Downs is not present herself. Alderman Wurdack commented that currently the Judge is underpaid, and what she is requesting is a reasonable amount. The question is the timing increase, whether to pay or not before actual voting certification. The committee asked for the City Attorney’s position on the issue. As a legal perspective, which is what he is hired to do, and according to the Missouri Municipal League, before the Judge is sworn in you have the power to change the salary. The committee recommended the request to increase the Municipal Court Judge’s annual salary from $3000.00 to $5,484.00. Wurdack/Isgriggs-2nd, approved 4-1 (Dale Schmuke). The City Attorney will draft the ordinance and present at the March 9, 2009 Board of Aldermen meeting, noting that the increase will not take effect until after the election. It was noted that in the committee minutes the salary increase stated it was monthly, instead of yearly and that is should be corrected.

Miscellaneous – Russell discussed a request from Wayne Sahm, where he would like to be compensated for the property that he owns that is part of Brown Street. He purchased this property at 801 North Washington fourteen years ago. He will be selling the property and would like to clean up the deed as well. Russell has discussed this with the City Attorney and after researching the statue of limitations is ten years for this type of compensation. Russell will be sending Mr. Sahm a letter declining his request. Alderman R.Schmuke discussed with the Board the clarification on what the deed will state when transferred to a new owner.

Russell reported that he will be proceeding with the upgrade to the ramp in front of City Hall to make it ADA compliant now rather than at a later date as scheduled. This is due to the ADA laws changing at the beginning of 2009. The cost is approximately $3,000 and he will be using funds out of the contingency fund to make the ramp compliant as soon as possible.

Motion: To approve the committee’s report with the correction of the Municipal Court Judge’s salary request stating yearly, instead of monthly ($3000.00 to $5,484.00 annually). Stowe\Arand- 2nd, approved 8-0.

6. DEPARTMENTAL REPORTS

a) Chief of Police – Monthly Report*

b) Municipal Court – Monthly Report*

c) City Collector – No Report*

d) City Clerk - No Report *

e) City Engineer – Monthly Report*

f) Parks & Recreation – Monthly Report*

g) Street Department – Monthly Report*

h) Water & Sewer Department - Monthly Report*

i) Community Development Director – Monthly Report*

7. REPORT OF CITY ADMINISTRATOR – Russell Rost

a) Cash Flow *

b) Semi-Annual Financial Report *

Russell reported that Code Red will be testing their databank with an all call test. They will keep calling numbers to determine which ones they are connecting to. If anyone does not receive a call they should contact the City Administrator. He recommends that if you are new to the City, or have changed your telephone number or moved to please report the change. Russell will be attending a meeting regarding this type of warning service to determine if it is still viable for the City, so far it has proven positive.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – 1/26/09*

b) Park Board Minutes *

c) Board of Adjustments – None*

d) Urban Forestry Council – No Meeting*

9. RESOLUTIONS AND PROCLAMATIONS

a) None

10. ORDINANCES – Originals and/or copies, including recorded votes of the following are attached hereto. Each Ordinance read a minimum of twice by title, unless otherwise noted.

a) Bill 09-112/Ordinance 3436 – Agreement – State Courts Administrator for JIS System – Municipal Court. See page 69.

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b) Bill 09-113/Ordinance 3437 – Establish sales tax holiday 4/19/09 to 4/26/09 for purchase of energy efficient appliances. See page 70.

c) Bill 09-114/Ordinance 3438 – Agreement – Ameren Services/Economic Development Department. See page 71.

d) Bill 09-115/Ordinance 3439 – Authorize Mayor to sign contract with Cochran – Main Street Project STP6200(603). See page 72.

e) Bill 09-116/Ordinance 3440 – Agreement – Cochran – Engineering Design services Springfield Avenue – ARRA Project. See page 73.

f) Bill 09-117/Ordinance – TABLED – Agreement – Cochran – STP Project – Prairie Dell Road. Alderman Wurdack asked that this ordinance be tabled until next month to allow more time to review the proposed project and it’s cost. Committee discussed and agreed to table. See page 74.

g) Bill 09-118/Ordinance 3441 – Agreement – Cochran – Denmark Road – ARRA Project. See page 75.

h) Bill 09-119/Ordinance 3442 – Amend Code – Chapter 605 – Business License Fees. Aldermen Arand noted that this cost increase is to cover the expense of the City inspections required for new businesses and existing businesses that relocate. See page 76.

i) Bill 09-120/Ordinance 3443 – Bid Award – Kozeny Wagner, Inc. – Church Street Improvements – STP 6201 (602). See page 77.

j) Bill 09-121/Ordinance 3444 – Bid Award – Bazan Painting Company – Sandblasting – Union Swimplex. This bid award is for the base bid of $13,344.00. See page 78.

k) Bill 09-122/Ordinance 3445 – Ordinance repealing ordinance number 3403 – Plaze and Bethel Industrial Project. Shannon Creighton of Gilmore & Bell was present and explained this ordinance repealing ordinance 3403, due to an error on their part where all tax entities of the county were to be notified. Plaze has also requested an extension on their closing date from February 15th to March 30th. This will require changes to various documents, which will be forthcoming before next month. Mayor Mike Livengood questioned if there were any representatives from any taxing district in the audience that would like to comment on the Plan and have any written comments from any taxing districts been provided to city staff. No response. See page 79.

l) Bill 09-123/Ordinance 3446 – Agreement – KJ Unnerstall Construction Co. – Hwy 50 Utilities Relocation – MoDOT Project. This ordinance was read three times by title, as it was presented at the meeting for approval. See page 80.

11. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS

Community Development Director, Joey Graves, gave an update on Plaze. They will be meeting with the building inspector Kevin Scheer, regarding their building.

The City Administrator reported that City employee Dennis Wilkens will be returning to work March 23rd to the Parks Department as his military service duty is complete. Dennis was present and everyone thanked and welcomed him home.

Adjourn Regular Session

Motion: There being no further business to transact, motion made (Erwin/Stowe-2nd) and approved to adjourn the regular session of the Board of Aldermen.

________________________________________

Mike Livengood, Mayor

Attest:

_____________________________________

Jonita Copeland, City Clerk

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