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Board of Aldermen Minutes - 05/11/2009

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

Union, Missouri

May 11, 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 Street at the hour of 6:30 p.m. on the 11th day of May, 2009, at which time there were present the following:

Mayor:

Mike Livengood, Presiding

Aldermen:

Dale Schmuke, Ward 2

Robert Schmuke, Ward 1

Tammy Stowe, Ward 3

Don Wurdack, Ward 4 Jim Albrecht, Ward 1

Bill Isgriggs, Ward 2

Karen D. Erwin, Ward 4

Absent: Paul Arand, Ward 3

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

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

Norman Brune, Chief of Police Tim Melenbrink, City Attorney

Jonathan Zimmermann, City Eng. Joseph Graves, Comm. Dev. Dir.

Heather Keith, Finance Officer Ruth Dowil, City Collector

Kevin Arand, Parks Director

Media: 1 Others: 0

*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 with item 6E, the City Engineer’s report, being removed. Wurdack /Stowe -2nd, approved 7-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: April 13, 2009*

April 20, 2009*

April 29, 2009*

3. OLD BUSINESS - None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Liquor License Application - Union Parks Department Founder’s Day*

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - The Mayor read a plaque for Michele Schroeder for her service as Alderman from 2006 to 2009. She was not able to attend the meeting, therefore the Mayor will deliver the plaque to her.

The Mayor then reminded everyone of the following:

Now that grass mowing has started for the year, he wanted to remind everyone to not put their grass clippings in the street.

The East Park Development Committee will meet on May 21, 2009 in the Lower Level of City Hall at 6:00 p.m.

Saturday, June 6, 2009, is Founder’s Day in Union.

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

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

Chairman Erwin reviewed over the committees report as follows: (italicized print reflects updates since the committees meeting)

Request street closure around Courthouse Square – Union Fire Protection District – September 12, 2009.

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Representatives from the Union Fire Department were present to explain the event they are having, a 75th Anniversary of the Franklin and Gasconade County Fire Department, and their request to close the streets around the Courthouse Square for this event. The committee recommended approving the request to close the streets around the courthouse square as submitted.

Vacate Street Request – Quality Investors, LLC – Vacate Locust Street from Washington to Jefferson – The investors interested in developing this area have proposed a request to vacate Locust Street from Washington to Jefferson to accommodate their growth. The committee discussed this street and how much it is used, being a major thoroughfare in town, as area business owners should be notified and a traffic count done. No one was present on behalf of the investors to discuss their request, therefore the committee recommended to post pone this request and leave it in this committee until a formal request is received from the investors. There was no action taken, except that a traffic count could be done now. The committee postponed the request to vacate Locust Street from Washington to Jefferson.

The Public Works Director stated that the traffic count is being conducted, and Alderman Wurdack asked that traffic on the connector streets be counted as well.

Discuss Landlord responsibilities per ordinance – The City Administrator, Russell Rost, Utility Billing Clerk, Debbie Klenke, and City Attorney Tim Melenbrink were to meet to address the issues from last month’s committee meeting, whereas several landlords expressed concerns of having the landlord being responsible for an unpaid utility bill when a tenant vacates. Russell stated that after reviewing with Debbie and Tim, that no change should be made to the current ordinance at this time and discussed with the committee. After discussion the committee agreed and no action was taken. This item will be removed from the agenda.

Proposed parking lot at East Main and McKinley – Jasper Development – No action taken and this item will be removed from the agenda.

Update – Discussion of connection to Hwy 50 West of Independence – No action taken and this item will be removed from the agenda, until the land owners that have expressed interest with this connection on Hwy 50 request to address the committee.

Update – Park Projects – Park Director, Kevin Arand, updated the committee on the following: The Hoffert Park project is complete. Two pieces of the exercise equipment have been installed at the main park. The Liberty Swing should be here by the first of May, with the assistance of Phoenix International helping with the shipping cost. The pool has been sandblasted and the staff will paint as soon as the weather is permitting and the drains have been upgraded to be compliant. The lake has been restocked. Clark Vitt Park has had limbs and pine needles picked up thanks to 4-H children who did the work. The soft ball leagues are proceeding. The Spring Fling had slim attendance, due to weather. The Easter Egg Hunt went as scheduled, but on the large pavilion due to weather. Lawn chair movie nights and concerts in the park will begin in May. The large pavilion received new siding, inside and out and repairs were made to the holes in the floor. A fence will be placed around the Liberty Swing, with donations to help with the cost from Bull Moose Tube. Six trees were planted (by the Kiwanis) at the city lake, in honor of the five branches of the military. The American Legion will supply plaques for such. The sports complex is ready for practices and tournaments. The hiring of lifeguards for the pool is proceeding along.

Update East Park Property – Nothing to report as the East Park Development Committee (formed at last month’s committee meeting, named at this committee meeting) has not met. Mayor Livengood asked Bob Schmuke to chair this committee. He accepted and scheduled a date of May 21st, at 6:00 p.m. for the first committee meeting.

Discussion of gardening City property – A request was made from Roy Weirich to garden City property at the corner of Park and Independence, with the proceeds being donated to the food pantry. Russell contacted the food pantry and they do accept some fresh produce. If the committee wants to proceed he can draft an agreement between Mr. Weirich and the City for such. He can then present the agreement at the next meeting of the Personnel, Finance and Public Works Committee meeting for review. The committee recommended proceeding with an agreement for Mr. Weirich to garden City property at Park and Independence.

Discussion of City Flag – Community Development Director, Joey Graves, will research further a logo/color scheme for a new City flag and make it part of the Comprehensive Plan.

Discussion of Solicitors going door to door relative to Schwan and Gourmet Foods- It was discussed the difference between the door to door service type of business the Schwan Foods does compared to Gourmet Foods, who is trying to get a regular license, but he is considered a solicitor as he solicits sales. The Schwan Foods service does not solicit, as they come at a customer’s request. No action taken.

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Trash Contract Renewal – The City Administrator explained it is time to renew the trash contract and reviewed over the last five year contract of expenses/revenues and services provided. The current provider is IESI. Russell then reviewed over the current ordinance requirements pertaining to such and discussed with the committee. He will put together a draft of the specs to put out for bid and present at the next meeting of the Personnel, Finance and Public Works Committee.

Request – Cochran – To temporarily close parking spaces on Main Street and ten feet of driving lane on Mulberry Street during construction – Joe McGowen of Cochran was present to explain his request to temporarily close parking spaces on Main Street and ten feet of driving lane on Mulberry Street during the construction of rebuilding the office/restaurant building on Main that recently burned down. He addressed permanent/temporary anchors that they would be using to construct the building and fencing placed for safety. The committee discussed the request, focusing on the permanent anchors. They requested that the City Attorney, Tim Melenbrink, draft an agreement relative to the usage of the permanent anchors, for recording grant of easement and for future reference. Mr. McGowen will provide Tim with the specifications needed to prepare the draft and then it can be presented at the next Personnel, Finance and Public Works Committee meeting on May 4th for discussion. A special meeting of the Board of Alderman will immediately follow if full board approval is required. It was also noted that the church located at Mulberry and Main should be notified as well, as this construction will be located right next to them. The committee recommended the placement of fencing during construction of the project for safety.

Motion: To accept the Committee Report. Isgriggs/D.Schmuke-2nd, approved 7-0.

c) Personnel, Finance and Public Works Committee

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

Chairman Dale Schmuke reviewed over the committees report as follows: (italicized print reflects updates since the committees meeting)

Update Paperless Council – The City Clerk reported for now they will continue to make the Board packet available to download for those who wish to use their laptops during the meeting, as the progression to paperless council evolves. This item will be removed from the agenda, until further needed.

City Collector Salary Request – The committee discussed a request from the City Collector, Ruth Dowil, whose term will expire in April 2010, for a salary increase to the collector’s office as several months of the next term will be within the 2009-2010 budget year and that this can be determined or disclosed before the filing of office closes. The City Collector is requesting a salary increase of $1,500 annually, to provide the same insurance benefits that are provided to all other full time employees and that the collector would be considered for the one-time pay increase in December (Christmas time). The City Administrator, Russell Rost, suggested every October to place on this committee’s agenda a list of the elected officials to address any increases to the positions before the filings start in December. The committee discussed addressing this request and the Municipal Court Judges salary at this time. Chairman Schmuke questioned if the city taxes were to be considered for county collection, this would be something to take into consideration relative to the increase in the city collector’s position. The committee recommended postponing the request for a salary increase for the City Collector’s position and to seek the expense in a written proposal from the Franklin County Collector for the collection of the City taxes to be discussed at the next committee meeting.

Update Highway 50 Project – The City Administrator reported that all of the waterline relocates are complete, and they encountered very little rock. One of the three borings have been completed.

Update Public Works Projects City Engineer – No report at this time from the City Engineer, Jonathan Zimmermann, as he was required to be in attendance at another meeting.

Alderman Dale Schmuke explained that Jonathan was attending a Kiwanis Meeting, to address the upcoming sewerage system improvements relative to the Municipal Election, June 2, 2009 to help inform citizens. Dale also addressed these sewerage system improvements and the importance of this information.

The City Administrator, Russell Rost, updated the committee on the following:

Church Street Project – Part of the street (bridge) has been closed today and the detour signs are up with talk of placing the programmable billboards nearby as well. Russell then addressed an e-mail letter that was sent to some of the Aldermen from Keith Oltmann, May 4, 2009, regarding the Church Street project.

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Mr. Oltmann wanted this letter to be entered as part of the committee minutes. Russell discussed with the committee the request from Mr. Oltmann, and explained the purchase of the McCarty house, which was discussed at meeting of the Board of Alderman. It was decided that the price of the house was too high. Mr. McCarty’s right-of-way easement was obtained and the project proceeded. The committee took no action to this letter from Mr. Oltmann as the project is now ongoing.

MDNR Stimilus Funding – Denmark Wastewater Treatment Plant and Hwy 47 Lift Station – Russell explained the project as it stands today, which is being placed on a contingency list and the grants are uncertain, however the low interest loan is certain.

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

RFQ’S submittal process – The committee discussed the RFQ’s process, along with a representative from SCI Engineering and Wunderlich Engineering. No action was taken, as the City Engineer was not present for comment. This item will be placed on the next Parks, Building, Development and Public Service Committee agenda.

Update – 2010 Comprehensive plan – The Community Development Director, Joey Graves, has published the request for qualifications (RFQ’s) in the newspaper, on the website and with the Missouri Municipal League, besides sending to twenty planning firms. He expects to receive approximately thirty responses. After the May 20th due date for the RFQ’s he will then begin the process of scoring them. The final firms, approximately five, will then be interviewed at the Parks, Building, Development and Public Service Committee.

Joey reported that a pre-submittal meeting was held on May 11th where eleven firms attended. The June 15th meeting of this committee is where the final selections will be interviewed by this committee.

Resolution declaring nuisance – The City Administrator presented and explained a resolution declaring that the keeping of ducks located at or near 1335 Strawberry Fields has been declared a nuisance. This resolution is required to then order the abatement of the violation to remove the ducks. He asked for recommendation to submit to the full Board. The committee recommend the resolution delcaring a nuisance and submit to the full Board.

Addendum pole use agreement with Ameren – The City Administrator presented an addendum to the Pole License Agreement with Union Electric Company d/b/a/ AmerenUE. This would allow attachment to different poles of AmerenUE. He would like to submit to the full Board in ordinance form. The committee recommended to submit the addendum to the pole use agreement with AmerenUE in ordinance form.

Gardening of City Property/Agreement – The City Administrator will contact Roy Weirich, who proposed to farm city property and donate the produce to the food pantry. Russell suggested drafting an agreement similar to the one that was used to farm the east park property.

Russell has talked with Mr. Weirich, whereas he is organizing the process to garden the property next year.

Trash renewal-contract specs – The City Administrator explained the trash renewal contract specs he is preparing. He proposes a draft of a basic spec to be in concurrence with the ordinance. Then he will add alternates relating to twice a month yard waste and recycling pick-ups and additional seasonal yard waste pick-ups. He would like to put out for request for proposals, as the current trash contract is up September 1st. This would allow time to make any necessary changes to amend the ordinance if need be, with applicants responding by June, acceptance in August and for services to begin on September 1, 2009. The committee recommended proceeding with the bid specs and add in as one of the alternates an additional spring and fall yard waste pick-up.

Budget update – The finance director, Heather Keith, addressed the proposed budget for 2009-2010 relating to salaries. She explained her figures to the general fund totals with no increase, a 1.5% salary increase and a 3% salary increase. This would be a merit type increase. There was not a COLA increase for this year. The committee would like to discuss with the full Board present before making a recommendation, which could be done at the next Board of Aldermen meeting (May 11th). Then a special meeting before or after the Parks, Building, Development and Public Service committee meeting on May 18, 2009 could be held to finalize the budget.

d) The Mayor read a thank you note from Bourbeuse River Operation Clean Stream for the City of Union’s generous support for the use of a their loader to help with Stream Team #3’s first tire recycling project, whereas they collected over 700 tires.

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Motion: To accept the Committee’s Report. Stowe/Erwin-2nd approved 7-0

6. DEPARTMENTAL REPORTS

a) Chief of Police – Monthly Report*

b) Municipal Court – Monthly Income Report and Docket*

c) City Collector – Monthly Report*

d) City Clerk - No Report*

e) City Engineer – Monthly Report – Jonathan Zimmermann. Jonathan reported that East Central College has submitted a request to have their city permit fees waived for upcoming construction projects.

Motion: To waive their construction permit fees as submitted. D.Schmuke/Wurdack-2nd, approved 7-0.

Motion: To approve the report of the City Engineer as submitted. Erwin/Isgriggs-2nd approved 7-0.

f) Parks & Recreation – Monthly Activity Report – Park Director, Kevin Arand, requested to close certain sections of Cherry, Linden, Church, Main, Locust and Oak Streets for Founder’s Day 2009.

Motion: To approve request as submitted for street closures for Founder’s Day. Isgriggs/R.Schmuke-2nd, approved 7-0.

Motion: To approve the report of the Park Director as submitted. D. Schmuke/Erwin-2nd, approved 7-0.

Aldermen Dale Schmuke mentioned the free swim program again for this year for the senior citizens, as it was well received last year. He has received many thanks from the Union Senior Center.

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) Monthly Cash Flow*

b) Russell received a request to close one lane of Main, near Linden for construction at the AT&T facility located at 507 East Main. After discussions with the construction company, Jim Taylor, Inc., they will not start construction before August 5th, and will submit a formal request to the Board before then. No action taken.

c) Rick Copeland of White Rose Restaurant has requested to close Main Street, from Oak to Mulberry, for the annual White Rose Car Show on Sunday, June 7, 2009.

Motion: To approve the request as submitted for the White Rose Car Show. Wurdack/Isgriggs-2nd, approved 7-0.

d) Russell received a request from an individual to use part of the City Park and have a 4th of July parade. He has received no formal request. No action taken.

Russell then updated the Board on the cost savings with MIRMA.

Motion: To approve the report of the City Administrator. Wurdack/Stowe-2nd, approved 7-0.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – No Meeting*

b) Park Board Minutes – No Meeting*

c) Board of Adjustments – No Meeting*

d) Urban Forestry Council – No Meeting*

9. RESOLUTIONS AND PROCLAMATIONS

a) Resolution # 2625 - Declaring a nuisance for ducks being kept at or near 1535 Strawberry Fields. See pg. 49.

Motion: To accept resolution as submitted. Wurdack /Abrecht -2nd, approved 8-0.

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 09-142 /3463 Ordinance – Addendum to pole use agreement with AmerenUE - See pg. 50.

b) Bill 09-143/3464 Ordinance – Award Bid – Jasper Development/police station improvements. See pg. 51.

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11. MISCELLANEOUS – Appointments

Annual appointments

a) City Officials

Motion: To appoint Tim Melenbrink as City Attorney, Norman Brune as Chief of Police, and Russell Rost as the Emergency Management Director. Stowe/Erwin-2nd, approved 7-0.

Annual Election of City Clerk by the Board of Aldermen

Election of City Clerk – Alderman Dale Schmuke nominated Jonita Copeland to serve as City Clerk. The nomination received a second by Aldermen Bill Isgriggs and was approved 7-0.

b) Mayor’s Appointments to Committees, Commissions and Boards:

Mayor Livengood presented a list of appointees to various Boards and committees for Board consideration as follows:

Committees:

Personnel, Finance & Public Works

Dale Schmuke, Chairman Paul Arand

Karen Erwin Bill Isgriggs

Jim Albrecht Donald Wurdack

Parks, Building, Development and Public Service

Karen Erwin, Chairman Paul Arand

Bill Isgriggs Robert Schmuke

Jim Albrecht Tammy Stowe

Liaisons:

P & Z (Robert Schmuke)

Park Board (Tammy Stowe)

UDC (Don Wurdack)

Membership: (Appointments)

Board of Adjustments: 5 yr. Term (to 2014)

1-Regular Member - Jonathan Martin

1-Alternate Member - Allen Eaker

Planning and Zoning Commission: 4 yr. Term (to 2013)

1-Regular Member - Sam Stausing

1-Regular Member - Bill Martindill

Park Board: 3 yr. Term (to 2012)

1-Regular Member - Tammy Voss

IDA – Industrial Development Authority: 6 yr. term (to 2015)

1 - Regular Member – Dennis Harrison

1 - Regular Member – Dave Bailey

Motion: To approve list as presented Erwin/ Isgriggs -2nd, approved 7-0.

The City Administrator Russell Rost received a request from Brian Phillips of National City Bank to address the Parks, Building, Development and Public Service Committee to present a possible grant program to make City Hall more energy efficient. The Mayor placed this request on the committee’s May 18, 2009 agenda.

12. ADJOURNMENT

Adjourn Regular Session

Motion: There being no further business to transact, motion made and approved to adjourn the regular session of the Board of Aldermen.

________________________________________

Mike Livengood, Mayor

Attest:

_____________________________________

Jonita Copeland, City Clerk

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