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Board of Aldermen - 3/9/2009

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

Union, Missouri

March 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 March, 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 Jonathan Zimmermann, City Eng.

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

Media: 1 Others: 3

*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/Isgriggs -2nd, approved 8-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: 02/09/2009*

b) Special Board of Aldermen Meeting - None

3. OLD BUSINESS - None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Public Hearing – Voluntary Annexation/Rezone Portion of 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 February 23, 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 March 9, 2010.

b) Public Hearing – Voluntary Annexation/Rezone City of Union Property – Park property, approximately 44 acres, north of Union Corporate Center, East of Progress Drive.

The Mayor opened a Public Hearing to allow the Board and citizenry the opportunity to review the application of the City of Union, for voluntary annexation and rezone of said park property.

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 February 23, 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 March 9, 2010.

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5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications- A flag ceremony to dedicate the new flags at City Hall was held today, March 9th. The Mayor encouraged everyone to take a look at the new flags.

The Mayor reminded everyone of the upcoming 2009 Show Me Green Sales Tax Holiday during the week of April 19th through April 25th, where energy star appliances can be purchased minus the sales tax. He directed everyone to the Missouri Department of Revenue web site at www.dor.mo.gov for more details of what appliances qualify.

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. Chairman Erwin reviewed over the report as follows:

Update-Discussion of connection to Hwy 50 West of Independence – Nothing to report.

Update – Discussion of 2010 Comprehensive Plan – Community Development Director, Joey Graves, has talked with Dan Lang of the Lang Gang, a firm that prepares comprehensive plans, referencing the value of doing such plans and discussed with the committee. Joey is looking for direction from the committee of where to proceed with the comprehensive plan process. Russell explained the difference between a comprehensive plan and a strategic plan and suggested doing a comprehensive plan first. The committee recommended pursuing outside firms for RFQ’s (request for qualifications) for preparation of a ten year comprehensive plan.

Update – Park Projects – Park Director, Kevin Arand, discussed with the committee the handicap wheelchair swing (The Liberty Swing) he is pursuing for the park through funding with civic organizations and as a capitol improvement project. He is requesting approval to place the order now with a down payment of $3,900, to save approximately $7,000 on the purchase price, which would then be locked in. This in part due to the current cost exchange between the United States and Australia, from which the swing is being purchase. The committee then discussed how the swing operates, safety issues, and that MIRMA should be contacted for their insurance approval. The committee recommended this order placement of the Liberty Swing to the Personnel, Finance and Public Works committee for further discussion.

Discuss Credit Service Fees – City Administrator, Russell Rost, discussed an implementation to the utility registration cards for when a customer signs up for service. The wording will be placed on the sign up card stating if their account becomes delinquent and is turned over for collection they will be required to pay all collection costs, including reasonable attorney fees. This would help recoup the cost of credit service fees in collection of delinquent accounts and provide protection for the City, as the customer was made aware of the responsibility to their account. This will be forthcoming in ordinance form. He also discussed briefly the impact to the city referencing Missouri’s immigration law and the guidelines we will have to follow.

Cemetery Mowing – The City Clerk, Jonita Copeland, reported that it is time to prepare for the mowing of the two Union cemeteries. Guthrie Services, LLC, current mower, has been doing a great job and has agreed to continue the service at the same cost as last year ($9,350.00). The mowing contract will renew annually unless terminated by either party.

The committee recommended continuing another year of services per contract with Guthrie Services, LLC, for the mowing of the Union cemeteries.

Request from Franklin County Baptist Association to borrow generator and trash barrels for wildlife event – Nothing to report, the association retracted their request.

Request to consider prohibiting passing on Denmark Road – Chief of Police, Norman Brune, discussed with the Board requests received to prohibit passing on Denmark Road. The Board discussed how this could be enforced and the roads current conditions. The committee recommended drafting an ordinance to prohibit passing on Denmark Road and have the proper signage on Denmark Road to support the ordinance.

Discussion of CGI Communications – City Videos – Joey discussed CGI Communications, a video company that would prepare six videos about the City at no charge and add them to our website page. In turn CGI would sell advertisement videos that would be linked to the City videos that they prepared. Committee discussed concerns of regulating what type of advertisements would be linked to the City of Union site and CGI’s standard agreement contract. Joey will research further and send a copy of the standard agreement of CGI to everyone for review and report back at the next Personnel, Finance, and Public Works Committee.

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Discussion of 911 Resolution – Russell attended a Franklin County 911 meeting where it was discussed to add a user fee to cell phones to help support 911, which is only financed now by land line phones. A resolution is being proposed by legislators to add such a user fee to cell phone charges. They are requesting municipalities to pass by ordinance such fee. This item will remain on this committee agenda for further updates.

Russell corrected this statement by stating a resolution is being proposed not by legislators, but for municipalities to pass to support such fee by resolution and not ordinance.

Miscellaneous – Mayor, Mike Livengood, has received a request from Mrs. Doris Brautigam referencing the Klenke property the City has purchased for park property. She would like to know if City would be interested in farming the property until development starts, possibly as a share crop agreement. The committee discussed and the Mayor will research further, having her present something in writing to the City Administrator.

Chairman Erwin acknowledged and welcomed Nathan Stroup, a boy scout, and his father John Stroup who were in attendance for the committee meeting.

The City Engineer, Jonathan Zimmermann, informed the committee that John Jasper, Jasper Development, would like to know if the City would be interested in a parking lot at East Main and McKinley. He will be removing the residential building on this lot. Jonathan will have more details by the next committee meeting where it can be discussed further.

Motion: To approve the committee’s report with the correction to the discussion of the 911 resolution, whereas a resolution is being proposed not by legislators, but for municipalities to pass to support such fee by resolution and not ordinance. Isgriggs\Stowe- 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. Chairman Schmuke reviewed the report as follows:

SCI Engineering – Team Presentation – Representatives from SCI Engineering (Anthony Kreutz, Karl Koenigsfeld), Wunderlich Surveying & Engineering (Cameron Lueken, Norbert Wunderlich), Horn Architects, AIA (Steve Strubberg) and HDR Engineering (Kevin Kriete) were present to address the committee on the services their firms can offer. Cameron Lueken spoke on behalf of the representatives explaining their positions and their qualifications relative to past and future projects. They discussed with the committee how their firms could qualify for future projects with the City. The City Administrator, Russell Rost, explained the process of the request for qualifications (RFQ) and the last meeting of such was in May 2008 and he questioned of the committee of how often they would like to submit for RFQs. After discussing it was suggested that once a year would be sufficient, possibly in the months of January through March. The committee recommended leaving the RFQ process in this committee, to further research on how the process will be set up.

Discussion of SRF Grant/Loan for Denmark Wastewater Treatment Plant/Lift Station – The City Administrator, Russell Rost, and Steve Goehl, of D.A. Davidson, explained a grant and a low interest loan from the Department of Natural Resources that the City could be eligible for to assist with the funding of the Denmark Wastewater Treatment Plant/Lift Station. This funding would be for a 50% grant and 50% low interest loan and would require a special election, which would be held on June 2, 2009. Voters will have to be educated on about this special election, referencing the process and the cost benefits for the treatment plant and the lift station. Mr. Goehl said he would attend meetings to help with such and then discussed with the committee a set amount of funding to apply for. The committee recommend the staff proceed forward with this SRF grant/loan funding and prepare the ordinance for such funding in the amount of $5,000,000.

Update – Paperless Council – The City Clerk, Jonita Copeland, reported that the paperless council committee met and had a very productive meeting. Committee member Wanda Parsons of the Community Development Department, created a program through Adobe for the paperless packet and a power point presentation that will be presented at the next Parks, Building, Development and Public Service Committee.

Update – Hwy 50 Project – Jonathan reported the contracts for the waterline relocation have been signed, however he is waiting on their correct insurance document.

Update – Hwy 50 Partnership – Nothing to report at this time.

Update – Public Works projects – City Engineer - Jonathan reported that a request has been made for payment on the generator for Deep Well #6, which is not yet on site. Until it is seen he will hold payment.

The lowest bidder on the police station improvements, is contemplating if he can complete the project as bid due to an error on his part. If he cannot, Jonathan will then go to the next lowest bid.

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Budget – Update – The City Administrator reported the upcoming budget looks good and a new budget workshop date will need to be set. The committee agreed to meet on the 16th of March, immediately following the Parks, Building, Development and Public Service Committee meeting at 6:00 p.m.

Discussion of COPS Grant for hiring of new officers – Chief of Police Norman Brune explained a COPS Hiring Recovery Program (CHRP) that would allow him to hire two patrol officers with little cost to the City for three years. This cost would amount to $4,500 for each officer for uniforms and equipment. He is requesting to apply for this grant for two patrol officers and placing the uniforms and equipment cost in the upcoming budget year. This will assist in his goal of having four officers on duty during peak hours. The committee recommended having staff proceed with the grant as requested by the Chief of Police.

Update – CGI Communications – City Videos – Community Development Director, Joey Graves, addressed the concerns referencing an agreement with CGI Communications to provide six free videos for the City of Union. These concerns were the advertisements linked to the site, which Joey confirmed the company will work with City on what type of ads would be allowed. The other concern was to have the City Attorney review the standard agreement of the company, which has also been completed. The committee recommended to proceed with an agreement with CGI Communications for the six free videos, as requested by the Community Development Director.

Farming of Park Property (Klenke) and mow fields – The City Administrator discussed leasing the park property to the Brautigams, who currently farm the field for the Klenke Farm, while the property is not being developed. The property would be leased at $40 per tillable acre, estimated at 31 acres. A motion was made to recommend the staff to draft an agreement to lease the park property to the Brautigams at $40 per tillable acre to farm and mow the fields, and that any proceeds received will be earmarked for this park property. Erwin, Isgriggs-2nd, approved 5-1 (Wurdack). This park property will be placed on the Parks, Building, Development and Public Service Committee agenda as an update to what will transpire next with the property.

Handicap wheelchair swing order placement – Parks Director, Kevin Arand, requested of the committee to commit the down payment (30%), to go ahead and purchase the handicap wheelchair swing (The Liberty Swing) to receive the lower cost due to the current exchange rate. Purchase price for the swing at the moment would be $12,700, instead of $20,000 and once ordered this price would be locked in. He discussed the ongoing raffle tickets being sold to offset the cost and the other states that have purchased the swing. MIRMA has also been contacted and has given their consent for such a swing. A number of keys will be provided with the swing to operate it; additional keys can be made at cost for users of the swing.

The committee recommend to proceed with the purchase of the handicap wheelchair swing, placing the order and the down payment.

The park director gave an update on the Liberty Swing. The cost will be $23,000, instead of $20,000, and the down payment will be $4,692.

Motion: To approve the committee’s report. Erwin\Isgriggs - 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 *

The City Administrator reported the siren at the firehouse on West Springfield it still being repaired, therefore it will not sound, during the testing of the sirens this Friday.

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8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – February 23, 2009*

b) Park Board Minutes – No meeting, due to lack of quorum*

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 09-124/Ordinance Failed – Establishing the compensation of the Union Municipal Judge at $5,400 per year. See page 7.

b) Bill 09-125/Ordinance 3447– Repeal ordinance 3422, authorizing a plan for the industrial project – Plaze, Inc. See page 8.

c) Bill 09-126/Ordinance 3448 – Bond Election for the City of Union – Revenue bonds , $5,000,000 – Extend and improve the City of Union’s combined waterworks and sewerage system. See page 9.

d) Bill 09-127/Ordinance 3449 – Agreement with Liberty Swing Pty Ltd – Purchase of handicap wheelchair swing See page 10.

e) Bill 09-128/Ordinance 3450 – Agreement with CGI Communications – Community video program. See page 11.

f) Bill 09-129/Ordinance 3451 - Contract with Regional Credit Services – For the collection of delinquent taxes and utilities owed. See page 12.

g) Bill 09-130/Ordinance 3452 – Annexation of a tract of land – Klenke Farm, 1760 Denmark Road. See page 13.

h) Approval - Stonebrook Village Condominium Plat 3. This ordinance was postponed for a later date by the developer.

11. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS

Alderman Schmuke requested to put in the Parks, Building, Development and Public Works Committee a request to garden a piece of City property at Independence Drive and Park Road near Rexam Container, with the product produced to supply the food pantry.

Adjourn Regular Session

Motion: There being no further business to transact, motion made (Isgriggs /Arand-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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