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Board of Aldermen Meeting - 8/10/2009

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

Union, Missouri

August 10, 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 10th day of August, 2009, at which time there were present the following:

Mayor: Mike Livengood

Present: Alderman Jim Albrecht, Ward 1 Alderman Bill Isgriggs, Ward 2 Alderman Dale Schmuke, Ward 2 Alderman Don Wurdack, Ward 4

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

Alderman Karen Erwin, Ward 4

Absent: Alderman Robert Schmuke, Ward 1

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

Kevin Arand, Park Director Ruth Dowil, City Collector

Heather Keith, Finance Director Andrew Parker, Police Sergeant

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. Arand/D.Schmuke-2nd, approved 7-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: July 13, 2009*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

*a) Liquor License Application – (Caterer’s) KC Hall – Event at Skaterz

*b) Liquor License Application – (Caterer’s) American Legion – Outside Event/American Legion

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - None

b) Parks, Building, Development and Public Service Committee – 07/20/2009

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)

Presentation by Sergeant Jason Grellner of the Franklin County Narcotics Enforcement Unit on a requiring prescription for purchase of pseudoephedrine - Sergeant Grellner addressed the committee with a presentation in requiring a prescription for the purchase of pseudoephedrine, which would require the City of Union to pass an ordinance to enforce. He addressed the importance of passing this ordinance to help fight the production of meth and its usage. He explained the process of how this drug is used to make meth and its consequences. Several representatives were present from local pharmacies and a former meth addict, who also expressed the importance of passing this ordinance. The committee addressed questions and concerns they had relative to this issue and discussed with Sergeant Grellner. After discussing the committee made a motion and recommended to postpone this issue for now, but leave on this committee’s agenda for next month.

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URS - Comprehensive Plan Scope – Mr. Todd Streiler and Mr. Mark Felton of URS presented a proposed scope for the 2010 City of Union Comprehensive Plan and discussed it with input from the committee and those present. The City Administrator, Russell Rost, would like to see flooding from surface water addressed within the scope. The next step with the plan is to identify an agreement with URS, and have the City Attorney review, then recommend to the full Board of Aldermen. This item will continue on this committee’s agenda as well as the Personal, Finance, and Public Works Committee agenda to keep the process moving.

Update- Parks Projects – Park Director, Kevin Arand, updated the following:

The Handicap Swing project should be completed soon, with the surfacing to be done this week provided there is no weather delay. The Swimplex is doing well, no leaks, and swim lessons are doing good. The exercise equipment for around the lake is still to be placed. Movie nights in the park are doing well with good attendance. Three new security cameras have been installed in the Main Park. Fencing to the playground area at the sports complex has been improved, which could lead to benefits from MIRMA. Kevin commented on what a good job the parks maintenance guys are doing and Angie Breeden, the Program Coordinator. Swing project is now complete and a ribbon cutting ceremony will be held on August 17, 2009 at 8:45 a.m.

Update- East Park Property – The next meeting for the East Park Development Committee has been changed from July 30th to Wednesday, July 29, 2009 at 6:00 p.m. at City Hall. The City Administrator will be meeting with Mark Piontek, of P.W.S.D #3, which is the water district the East Park Property is located in. He will discuss the City of Union being removed from this water district at no cost, as there will be no customers created with this development. Russell reported that two options have been presented to the water district to be considered thirty days from the 27th of July.

Update - RFQ’S submittal Process- Setup – The RFQ’s submittal process was discussed again and it was recommended to continue with the process as in the past performing once a year, starting in January. The committee recommended to continue with the RFQ’s process as in the past performing once a year, with the process starting in January.

Update - Amending code for Liquor License changes – City Clerk, Jonita Copeland, reported on the two ordinances prepared by the City Attorney, Tim Melenbrink, reflecting the liquor license changes for a picnic license and Sunday sales, which now mirror the State of Missouri’s. The committee recommended the ordinances as submitted for full Board approval.

Discussion of Trash Renewal Contract – The City Administrator discussed the agreement being drafted and there are some issues he is discussing with the City Attorney. The agreement will then be discussed at the next Personnel, Finance and Public Works Committee. Aldermen Isgriggs expressed concerns he has with this trash hauling company (IESI) and made a motion to start the bidding process over. There was no second to the motion, therefore Russell will proceed with the contract agreement with IESI.

Discussion of length of building permit validity - This issue will be addressed through the building code update through the Planning & Zoning Commission.

Discussion of ATV permits – The Mayor, Mike Livengood, addressed this issue of these type of ATV’s, (utility trucks such as a gator or mule) and questioned some type of permit to operate them. The City Attorney, Tim Melenbrink, explained what type of vehicles these are and their usage and will work on an ordinance which would allow them if a permit was obtained. This item will remain on this agenda for further discussion and ordinance prep.

Discussion of Fair Board Fundraiser Event- October 17, 2009 – The committee discussed briefly again of what this event will consist of, possibly a mud run, and the maintenance to the grounds if they use the City property as planned. This item will be removed from this agenda.

Miscellaneous – The City Administrator, Russell Rost, stated there will be a ground breaking Friday, for Patients First if any of the Aldermen would like to attend.

The Community Development Director, Joseph Graves, reported he will be attending a meeting at the Franklin County Government Center on recovery zone bonds, along with the City Administrator, City Engineer and Finance Director.

The City Clerk, Jonita Copeland, informed the committee that the full Board of Aldermen will have a special meeting on Monday, August 31, 2009 at 6:00 p.m. addressing the 2009 property tax rate.

Motion: To accept the Committee Report. Arand/Stowe-2nd, approved 7-0.

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c) Personnel, Finance and Public Works Committee – 08/10/2009

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

Committee Member, Paul Arand, reviewed over the committees report as follows: (italicized print reflects updates since the committees meeting)

City Collector Salary Request – The City Administrator questioned the Board if they have reviewed the example contract he sent them regarding the collection of the city’s taxes by Franklin County and asked if anyone had any questions or comments. The City Collector, Ruth Dowil, expressed her comments. She discussed with the committee the pros of having the taxes collected by the County, but expressed concerns of the idea of lowering the Collector’s salary because of such. She commented on a neighboring city that was used in a previous comparison for having the taxes collected by the County, to where this position was cut, and stated it was a budget cut and not because the taxes were collected by the County. She presented a salary information sheet of full time non elected department heads for comparison, along with comments on certain job changes within the departments, and urged the committee to take this is to consideration and to not lower the salary for the elected full time collector’s position. Committee member Alderman Isgriggs commented on the neighboring city as well and concurred with the Collector and stated the voter’s should decide. With no further comment the committee decided to leave this item on the agenda for next month.

Update- Building Codes – The City Engineer, Jonathan Zimmermann, reported that he and the building inspector are currently having meetings regarding the building code update with all building departments in the County, including the Franklin County Building Department, but yet to have a report from the Planning & Zoning Commission, as no meeting has been met for the Commission.

Update- Hwy 50 Project – Jonathan reported there is some finish up work to be done near the Strawberry Fields area and one boring left.

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

Church Street – He addressed issues from MoDOT regarding sidewalks being ADA compliant at the connector streets to Church Street. As of June stricter rules have been enforced for such. He addressed issues with Vondera and Main on Church. In order to comply, some cost will have to be addressed in house with the street department. He then addressed a change order, which will be #4, regarding the stricter rules, at a section of Church Street (Joe Mentz Auto Repair) for approximately $1,400.00. The contractor also has requested an additional 21 days to complete the bridge project within this change order. The committee recommended submitting to the full board.

Update - Discussion of storm water runoff - Youngridge – Jonathan is waiting to hear back from Paul Landwehr, representative of the First Christian Church on Joel Ave, regarding possible donation of land to create a detention area to help with the storm water runoff in Youngridge.

Update - 2010 Comprehensive Plan, URS Scope – Mark Felton of URS reviewed over the scope of work for the comprehensive plan and discussed with the committee an agreement for such and cost of service of $59,000. There would be additional cost if the plan includes the development for the east park sports complex. Community Development Director, Joey Graves, discussed this cost with the committee and recommends holding off on any decision until next month’s meeting of the East Park Development Committee, September 16th. Committee agreed further discussion is needed and Joey will meet with URS, the City Administrator, Finance Director, and the City Engineer and report back to the committee meetings.

Update - Trash Renewal contract – Nothing to report, the City Administrator is waiting to hear back from IESI regarding the draft agreement.

Discussion of response to letter from Southwestern Company – The City Attorney received a letter from the legal council of the Southwestern Company (door to door book selling) stating that they felt the City of Union’s permit fee ($50 per day per person) for solicitation is extremely high. Tim addressed the letter and their request to lower the permit fee. Board discussed and no action was taken other than to remove this item from the agenda. The committee removed this item from the agenda.

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Bid Award – Putnam Chevrolet - Pickup Truck – Street Department – The Public Works Director, Harold Lampkin, presented a bid from Putman Chevrolet for a 2009 Chevrolet 1 ton truck for the street department. The total cost with trade in of the 1993 GMC is $36,291.00. This bid was done through the Missouri Department of Transportation. The committee recommended submitting to the full board.

AT&T Settlement – The City Administrator addressed the AT&T settlement ordinance, which will be forthcoming at the next Board of Aldermen meeting. The committee recommended submitting to the full board the ordinance for the AT&T settlement.

Alderman Karen Erwin informed the committee that she will be taking a job as a bail bond agent and this will not allow her to retain her elected position as aldermen. She talked of resigning on September 1st, 2009, however after discussing with the committee there is a possibility that she can retain her position if her salary is donated to charity. If so she would like to finish out her term until April 2010 and donate her salary towards the new park development out east. The City Attorney will research and let her know.

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

6. DEPARTMENTAL REPORTS

a) Chief of Police – Monthly Report*

b) Municipal Court – Monthly Report*

c) City Collector – Monthly and Annual 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*

b) Discuss SRF Funding – Authorized Representative – Russell explained the need for an authorized representative (see Resolution 2626 under 9a), which will be the City Administrator, Russell Rost.

Motion: To approve the report of the City Administrator. Albrecht/D.Schmuke-2nd, approved 7-0.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – Meeting (7-27-09) was cancelled*

b) Park Board Minutes – *

c) Board of Adjustments – No meeting*

d) Urban Forestry Council – No meeting*

e) East Park Development Committee – July 29, 2009*

9. RESOLUTIONS AND PROCLAMATIONS

a) Resolution 2626 - Support and Participation in the All-Hazard Mitigation Plan Update.

Motion: To approve Resolution 2626. Erwin/Arand-2nd, approved 7-0. See pg. 83.

Resolution 2627 - SRF Funding – Authorized Representative

Motion: To approve Resolution 2627. D.Schmuke/Albrecht-2nd. 7-0. See pg. 84.

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 09-153 /3474 Ordinance – Amend Title VI Business and Occupation, Chapter 600 Alcoholic Beverages – Include Picnic License. See pg. 85.

b) Bill 09-154/3475 Ordinance – Amend Title VI Business and Occupation, Chapter 600 Alcoholic Beverages – Sunday Fees. See pg. 86 .

c) Bill 09-155/3476 Ordinance – Amend Title II Public Health, Safety and Welfare, Chapter 245 Parks & Rec. See pg. 87 .

d) Bill 09-156 /3477 Ordinance – Approve Settlement Agreement with AT&T & / SBC Landline . See pg. 88 .

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e) Bill 09-157/3478 Ordinance – Establish fines/signs/penalties for moving violations in work or construction zones. See pg. 89 .

f) Bill 09-158/3479 Ordinance – . Establish offenses of endangerment and aggravated endangerment of a hwy worker and establish penalties. See pg. 90 .

g) Bill 09-159/3480 Ordinance – Change Order 4 - Church Street . See pg. 91.

11. MISCELLANEOUS

a) Appointments to Community Improvement District – East Main Street & Hwy 47.

Mayor Mike Livengood presented the names of Rick Randall and Joe Beaudean to be appointed to the Board of Directors of the East Main & Highway 47 Community Improvement District.

Motion: To accept the appointments as presented. D.Schmuke/Erwin-2nd, approved 7-0.

Alderman Karen Erwin announced her resignation from the Board of Aldermen, effective August 10, 2009. Due to a new job position, she will be unable to hold the office of an elected official. The Mayor, Board of Aldermen and those present wished her well and thanked her for her great years of service on the Board.

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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