Government > Minutes of Previous Board Meetings

Board of Aldermen - 7/13/2009

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

Union, Missouri

July 13, 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 13th day of July, 2009, at which time there were present the following:

Mayor: Mike Livengood

Present: Alderman Jim Albrecht, Ward 1 Alderman Robert Schmuke, Ward 1

Alderman Bill Isgriggs, Ward 2 Alderman Dale Schmuke, Ward 2

Alderman Paul Arand, Ward 3 Alderman Tammy Stowe, Ward 3

Alderman Karen Erwin, Ward 4 Alderman Don Wurdack, Ward 4

Absent: None

Also Present: Russell Rost, City Administrator Tim Melenbrink, City Attorney

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

Harold Lampkin, Pub. Wrks. Dir. Jonathan Zimmermann, City Engineer

Joey Graves. Comm. Dev. Dir. Kevin Arand, Park Director

Heather Keith, Finance Director Norman Brune, Chief of Police

Ruth Dowil, City Collector

Media: 1 Others: 1

*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: June 8, 2009*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Liquor License Application – Benito’s, Inc. - Applicant name change, Richard Marquart

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - Mayor Mike Livengood commented on the Franklin County Youth Fair and thanked the fair board and all the organizations involved, despite the bad luck with the inclement weather and electricity outage.

Next the Mayor addressed the recent homicide in the park and wanted to reassure the citizens that our parks are safe and that this was an isolated incident. He stated that the City will continue to make the parks in Union a safe place, however citizens should be aware of their surroundings no matter where they are at. He complimented and thanked the Parks Department staff and the Union Police Department for their quick efforts in solving this case. The Chief of Police, Norman Brune, also commented on the incident, reiterating the Mayor’s comments, that this was an isolated case and that the suspect is in custody. Aldermen Erwin relayed good comments from citizens referencing Officer Rod Tappe patrolling the parks. The City Administrator, Russell Rost, informed everyone that more cameras will be placed throughout the city parks, as the ones currently placed have helped with vandalism. Chief Brune acknowledged the Park Department staff for their quick response and Aldermen Jim Albrecht commended everyone’s efforts as well.

b) Parks, Building, Development and Public Service Committee – 06/15/2009

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)

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Presentation for Comprehensive Plans – Community Development Director, Joey Graves, presented three firms, Arcturis, URS and Bernadin Lochmueller & Assoc, to do presentations on their qualifications for the City of Union’s Comprehensive Plan 2010. The firms each had an allotted amount of time to do their presentation and answer questions. After their presentations, the committee reviewed their scoring sheets and URS scored the highest. Next step will be to prepare a scope of services with URS of the comprehensive plan.

Discussion of Common Property at Woodland Oaks – The City Administrator, Russell Rost, reported that this is a non-issue now. No discussion held.

Update of Park Projects – Park Director, Kevin Arand, updated the committee on the following: Liberty Swing- The tiles have been ordered for the surfacing, however the weather is delaying the project and it could be before the middle of July before completion. Founder’s Day 2009 – Kevin discussed Founder’s Day, which was successful, and this led to discussion of moving the event to the main park from uptown. This item will placed on the agenda of the Park Board for discussion. Exercise Equipment – The exercise equipment for the Main Park is all in place and there are three more pieces to go around the City Lake.

Discuss additional Park Advisory Board Members – Mayor Livengood discussed adding additional members to the Park Board, as he feels this Board could use more members. After discussing, the committee decided on three additional members to the Park Board. The committee recommended having the City Attorney draft an ordinance to amend the Park Board members by three.

Update – East Park Property – Russell addressed the issue with Water District #3, which is still pending, as he and the City Attorney are still researching. The next meeting of the East Park Development Committee will be July 30th at 6:30 p.m.

Update – RFQ’s submittal process – As of the last meeting, it was discussed to use three qualified firms and rotate their services and have a two to three year time frame before having to request for them again. Jonathan responded that he would like to have the City Attorney’s law opinion for selecting the most qualified. After researching the City Attorney, Tim Melenbrink, reported this type of setup could be done if a formal process was in place, such as in the procurement policy. The committee recommended setting up a formal procedure and placing in the procurement policy for the request for qualifications submittal process. The committee then discussed again how the setup would be with concerns from others on this type of process.

Discussion of amending code for Liquor License changes – The City Clerk, Jonita Copeland, addressed two items regarding liquor licenses. The first item was to add to Union’s liquor license application a picnic license, to mirror the state’s requirement. A picnic license per the state is for non-profit organizations that wish to hold an event to serve liquor. The City currently only has a temporary caterer’s license for this category, which per the state is an event catered by a business that already has an existing license. A picnic license would allow a one- time fee for five days, whereas a caterer’s license is a one day event at $25.00 per day. The next item discussed was that a business in town questioned why the City charges an additional cost for Sunday sales, for 5% liquor by the drink when the state and surrounding cities charge a fee of $50.00 for seven day sales. The City currently charges $52.50 for this plus an additional $175.00 for Sunday sales. The committee recommended having the City Attorney address the two issues in the code of ordinances under liquor licenses and report back to this committee.

Discussion of resolving complaints about unfinished homes in St. Andrews – The City Administrator, Russell Rost, addressed this issue of unfinished homes in St. Andrews. Several homes were being built on lots, whereas the work has stopped and they are sitting idle and unfinished being exposed to the elements. Russell read a letter from Cochran, an engineering firm, that has checked the status of the unfinished homes sheeting, whereas they have determined it still meets standards. Committee then discussed the length of building permits and concerns date-wise when the permits are issued. The City Engineer explained the permit process. The City Attorney addressed enforcement per the code of ordinances for such and stated that it may be time to explore other cities procedures for such. Tony Buel of 1007 Arrowhead, environmental specialist with the Franklin County Health Department, addressed the committee, along with several other residents present from the St. Andrews area. They expressed concerns regarding these unfinished homes sitting empty, mold setting in and weeds. Police Chief, Norman Brune, addressed the weed issue and explained the process informing the residents to call the police station to report the high weeds.

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The City Engineer explained the inspections the building department performs and mold is an issue that would be outsourced. The committee discussed ways to resolve the problem and it was decided to review the existing ordinance on the building permits timeframe, look into the mold issue and the high grass/weeds should be reported to the police station. The residents present thanked Alderman Erwin and the committee for listening to their concerns.

The City Administrator and the City Engineer have addressed this issue and are continuing to monitor the situation.

Approval of Economic Development Newsletter – The Talk of the Town Newsletter was submitted to the committee within the agenda packet for this meeting. It was noted to list in the newsletter the new Union cable channel #993 with Charter Communications. Russell also gave an update regarding NBC Dateline with Tom Brokaw, that they would not be visiting Union on the 4th of July.

Request from Union Fire Protection District to solicit donations on streets – Russell presented a request from the Union Fire Protection District to solicit donations on four of the major intersections in Union for the Muscular Dystrophy Association. The Union Ambulance District will also be working with them this year. The collection dates would be July 30-31st, August 1st, 20th, 21st, and 22nd.

The committee recommended having the City Administrator draft a letter to the Union Fire Protection District to allow soliciting donations in the City of Union and to also request a certificate of liability insurance and to prohibit collection on state Highway 47 and Highway 50. Russell reported that this has been completed and they are ready to go.

Motion: To accept the Committee Report. Stowe/Arand-2nd, approved 8-0.

c) Personnel, Finance and Public Works Committee – 07/06/2009

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)

City Collector Salary Request – City Administrator, Russell Rost, reviewed over a comparison sheet from Ruth Dowil, City Collector, who was not able to be present at the meeting, which listed the comparison of population, salary and duties of the collector positions for the City of Union, St. Clair, and Pacific, referencing for when the County started collecting the taxes for the City of St. Clair and Pacific. The committee discussed then the collector’s position duties compared to St. Clair and Pacific and how many are employed within the office, related to the collection of taxes by the County. Pacific was unknown and Russell will research, along with resending the prior comparison information again. Also, discussed was the deadline date of August 15th if the city taxes are to be collected by the County, an agreement would need to be prepared. The committee recommended to postpone until next month, whereas more information and a sample/draft agreement can be researched.

Update- Building Codes – Nothing to report as the Planning & Zoning Commission did not meet, due to lack of quorum. Jonathan reported they are in the process of putting together meetings with City and County officials related to updating the building codes.

Update- Hwy 50 project – Jonathan reported an ordinance will be forthcoming at the next Board of Aldermen meeting to reduce the speed limit 1,450 ft. east of Progress Drive as previously discussed for this project. Russell commented on a related issue to have an ordinance drafted to mirror the state for violations in a work zone. The City Attorney also suggested including an assault type offense for City employees on city streets that would mirror the states. As of now there is no municipal court violation for such violations that are committed in works zones. The City Attorney could prepare such a draft for next month.

The committee recommended having the City Attorney draft an ordinance to mirror the State’s regarding violations in a work zone. Jonathan then gave an update on the highway borings, which there are two more to finish. Most of the utilities have been located and there is a change order, at no cost, for a change in pipe size.

Jonathan stated that he and the City Administrator attended a pre-construction meeting, whereas the contractor will be moving onsite next week to perform off highway work first and then next spring they will work on the existing highway.

Update- Public Works projects- City Engineer

Church Street Project- Jonathan explained a change order from the contractor, Kozeny Wagner, for the rock encountered that requires removal in the amount of $15,640.25.

The committee recommended approving the change order as submitted.

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Environmental Protection Agency Permit Renewal – Jonathan updated the committee on the Le Chateau facility permit renewal. The permit renewal was submitted to the Missouri Department of Natural Resources approximately five years ago. EPA is preparing the operating permit. Jonathan gave an update of the renewal process and if we were keeping the facility the City would have to be in compliance, however it will be offline once the Hwy 47 South project is complete.

SRF Funding/Denmark Road Wastewater Treatment Plant Expansion and the Highway 47 South Lift Station and Gravity Sewer – Tuesday, August 11, 2009 starting at 6:00 p.m. the following will be scheduled: Two public meetings and one public hearing to address the Facility Plan & Engineering Alternatives, Environmental Impact, and User Charge Rates for the Denmark Road Wastewater Treatment Plant Expansion. Two public meetings and one public hearing for the Facility Plan & Engineering Alternatives, Environmental Impact and User Charge Rates for the Highway 47 South Lift Station and Gravity Sewer. A special meeting of the Board of Aldermen will be scheduled for Tuesday, August 11, 2009 to address these public meetings/hearings at 6:00 p.m.

Franklin County Transportation Grant Funding Application – Jonathan explained and requested to apply for grant funding for shoulder paving from Echo Valley Drive to US Hwy 50. He explained this 50/50 funding from the Franklin County Transportation Grant Funding which could be expensed out of the next budget year. The City’s cost would be estimated at $76,415.16. The committee recommended moving forward with the request to apply for this funding as submitted. Discussion of storm water runoff - Youngridge – Chairman Schmuke then acknowledged a gentleman from 105 Youngridge, Matt Mosher, who addressed the committee last month regarding storm water runoff problems at his property. The City Engineer, Jonathan Zimmermann, was to meet with these residents in Youngridge about the flooding issues and report back to the committee. Russell reported on his findings from the Youngridge area during the most recent rain where a flash flood warning was issued. Russell and Jonathan then presented a map of the area where a detention basin could possibly be built to help with the storm water runoff. Mr. Mosher was present at the meeting and thanked the committee for looking into the issue and expressed his concerns again, along with questioning the ordinance regarding storm water management fund. Jonathan explained this funding. Committee discussed and a cost estimate for the detention basin will be prepared, along with contacting the property owners about acquiring the property needed.

Update- 2010 Comprehensive Plan – URS, the firm chosen at the last Parks, Building, Development and Public Service Committee, will be present at the next meeting of that committee to discuss putting a scope together for the comprehensive plan. Once the scope is determined, this item will be placed in the Personnel, Finance & Public Works Committee to discuss cost.

Trash renewal-contract specs – The City Administrator, Russell Rost, presented a breakdown (see attached) of the basic and alternate bids submitted by four companies who bid for the contract to collect residential solid waste and recycling services. The committee discussed the bid submittals with Russell. The committee recommended 4-1 Alternate No. 1 from IESI.

Russell reviewed over IESI ‘s Alternate No. 1 bid and what the additional cost monthly will be, which is $2.34 per month for senior citizens and $2.49 for regular customers. There will also be inflation cost with the five year contract. Alderman Isgriggs asked for this item to be placed on the next Park, Building, Development and Public Service Committee meeting agenda for further discussion.

Riverview Mobile Home Park- paving – A request was submitted by Michael Stockton and Mark Stockton, owners of Riverview Mobil Home Community, requesting a timeframe to complete paving in their mobile home park. In order to obtain three mobile home set-up permits, they must comply with the city’s paving ordinance, SEC 405.78 (6), which requires the paving to be completed before the permits can be issued. They are proposing to pave 51 driveways in their mobile home community within the next 2 ½ years. The committee discussed with City Attorney, Tim Melenbrink, who stated a timeframe if agreed upon, could be feasible, as long it is monitored and being done. Otherwise no more permits would be issued. An agreement would need to be drafted for both parties to sign. The committee recommended accepting the request as submitted, and have the City Attorney proceed with an agreement.

Miscellaneous – Community Development Director, Joey Graves, addressed the committee with a request to offer incentives to a company, which he cannot specify at this time, who would like to locate in Union in an existing building. He stated this is a high tech high profile

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“green” project that would create 23 jobs. His request is to be able to offer the company an incentive package and discussed with the committee what incentives they would be willing to offer. The committee recommended to offer this company Chapter 100 bonds for ten years at 50%.

Motion: To accept the Committee’s Report. Erwin/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) Monthly Cash Flow*

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – No meeting, as there was no quorum*

b) Park Board Minutes – *

c) Board of Adjustments – No meeting*

d) Urban Forestry Council – No meeting*

e) East Park Development Committee – 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 09-150 /3471 Ordinance – Reaffirming Ethics Ordinance. See pg. 74.

b) Bill 09-151/3472 Ordinance – Change order for Church Street - Kozeny Wagner, Inc. See pg. 75.

c) Bill 09-152/3473 Ordinance – Establish speed limit at 45 m.p.h. on U.S. Hwy 50 from Prairie Dell Road to a point 1,450 ft. east of Denmark Road/Progress parkway. See pg.76 .

11. MISCELLANEOUS

The City Administrator, Russell Rost, presented a request from the Union Fair Board to reserve the park for a fund raising event on October 17, 2009 to help recoup loss from the fair. They do not have the specifics of the event as of yet, however they would like the permission to set aside that date for use of the park.

Motion: To accept the request of the Union Fair Board to use the park on October 17, 2009 for a special event. Arand/D.Schmuke-2nd, approved 8-0.

Alderman Erwin asked that this be placed in the Parks, Building, Development and Public Service Committee for discussion of what type of event, so that work to the park area does not have to be done twice in light of what type of event is held.

The City Administrator discussed the East Park Development Project (sports complex) and requested that a separate bank account be created for donations and monies specifically dedicated for that project.

Motion: To approve a separate bank account for the East Park Development Project. D.Schmuke/Wurdack-2nd, approved 8-0.

Alderman Erwin questioned the right turn lane onto Hwy 50 from McDonalds, the markings are not prevalent to traffic merging from Hwy 50 to the turn lane onto Hwy 47. The Public Works Director, Harold Lampkin, will research with MODOT.

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Jonita Copeland, City Clerk, reminded the Board of the August sales tax holiday and if they wish to participate no action is required. The Board opted to make a motion to participate in the sales tax holiday in August 2009. Erwin/Wurdack-2nd, approved 8-0.

12. ADJOURNMENT

a) Closed Session

Motion: A motion was made (Erwin) and seconded (Arand) to recess the regular meeting and convene in executive session to discuss Litigation 610.021 (1) and Personnel 610.021 (3).

The following roll call vote was recorded:

Albrecht YEA Paul Arand YEA

Dale Schmuke YEA Bill Isgriggs YEA

Robert Schmuke YEA Tammy Stowe YEA

Karen Erwin YEA Donald Wurdack YEA

b) Regular Session Reconvene: A motion was made (D.Schmuke) and seconded (Arand) to reconvene to regular session for the following action:

Motion: To approve that the funds received from the ATT Settlement be put towards the East Park Project. D.Schmuke/Erwin-2nd, approved 8-0.

Motion: To allocate 5% of the funds received from the ATT settlement to the Missouri Municipal League for legal assistance. Wurdack/Erwin-2nd, approved 8-0.

Adjourn Regular Session

Motion: There being no further business to transact, motion made (D.Schmuke/Erwin-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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