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Board of Aldermen Minutes - 9/14/2009

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

Union, Missouri

September 14, 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 14th day of September, 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 Robert Schmuke, Ward 1 Vacancy-Filled by David Pope, 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

Kevin Arand, Park Director Ruth Dowil, City Collector

Heather Keith, Finance Director Norman Brune, Chief of Police

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/Wurdack -2nd, approved 7-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: August 10, 2009, August 11, 2009, August 31, 2009*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

*a) Liquor License Application – (Picnic) Fr. Co. Youth Fair Association – Oct. 17, 2009 Event

*b) Liquor License Application – (Picnic) IC Church – Oct 10, 2009 Event

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - The Mayor brought forth the name of David Pope to fill the unexpired term (April 2010) of Karen Erwin, Alderman Ward 4, who resigned on August 10, 2009. Motion: To accept the appointment of David Pope to fill the unexpired term (April 2010) of Ward 4 Alderman. Stowe/Isgriggs-2nd, approved 7-0.

Roll Call Vote: Jim Albrecht Yes

Robert Schmuke Yes Bill Isgriggs Yes Dale Schmuke Yes

Paul Arand Yes Tammy Stowe Yes Don Wurdack Yes

David Pope then took his place as Ward 4 Alderman after being sworn in by the City Clerk.

The Mayor then presented former Alderman-Ward 4, Karen Erwin, with a certificate of appreciation plaque and thanked her for her service from 2004-2009, as those present thanked her as well.

b) Parks, Building, Development and Public Service Committee – 08/17/2009

Paul Arand, Chairman - Bill Isgriggs, Jim Albrecht, Robert Schmuke and Tammy Stowe, 1-Vacancy, Members. Chairman Arand reviewed over the committees report as follows: (italicized print reflects updates since the committee’s meeting being discussed at this Board of Aldermen meeting)

Assist Franklin County with the distribution of NACo discount pharmacy cards – Nothing to report, no representative from Franklin County present. City Administrator, Russell Rost, asked for this to be removed from the committee agenda, as the County has placed a brochure for the cards at the collector window at City Hall.

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Storm water problem- Main and Mulberry – The City Administrator, Russell Rost, addressed a request from building owner Mike Schroeder to research a solution for storm water flowing into his building through the front door located at Main and Mulberry. Russell discussed how the area pipes have been checked by camera and was clear and that not all heavy rains cause a problem. He also discussed, along with input from the City Engineer, Jonathan Zimmermann, and the Public Works Director, Harold Lampkin, possible street work that could be done that may help. Mr. Schroeder was present and discussed the amount of water that gets into the building and that this has been going on for a long time. He questioned the street overlay that has been done in front of the building over the years and if the crown could be reduced to help reduce the amount of storm water that pools in the area. Russell explained that Main Street is going to be redone in 2011 and discussed with the committee of possible repair to this section of Main to reduce the crown. Jonathan will research and discussed to possibly piggy back on the Church Street project for when the milling is to be done there. Then maybe this part of Main Street could be added. He will bring back a report to the August 31, 2009 Special Board Meeting.

Request from Deer Ridge Subdivision/Paving Schedule – Robert Jasper, a partner of Deer Ridge Subdivision located on KO KO Beach Road, addressed the committee with a request for the City to allow him time to pave the access road to the lift station in Deer Ridge. He currently cannot obtain any building permits from the City until this road is paved per ordinance and he explained his current financial status with the subdivision. Committee discussed the situation and a possible timeframe with Mr. Jasper. The committee recommended allowing Mr. Jasper, of Deer Ridge Subdivision, until June 30, 2010 to complete the paving of the lift station access road. The City Engineer, Jonathan Zimmermann, asked for a motion of the full Board to approve this recommendation.

Motion: To approve the recommendation allowing Mr. Jasper, of Deer Ridge Subdivision, to complete the paving of the lift station access road by June 30, 2010. Wurack/Arand-2nd, approved 8-0.

Discussion of requiring a prescription for purchase of pseudoephedrine – The committee discussed this subject again, regarding their stance and the legalities of passing an ordinance for such. Police Chief, Norman Brune, addressed the committee with his position regarding the issue, which is to approve the requirement for a prescription for the purchase of pseudoephedrine. Aldermen Stowe then discussed getting a written statement from the Attorney General regarding the issue, before proceeding with an ordinance to require a prescription for the purchase of pseudoephedrine. The committee recommended pursuing a written statement from the Attorney General before proceeding. Alderman Isgriggs encouraged other Aldermen to talk to citizens in their wards. Alderman Albrecht questioned if a public hearing could be held on the issue and it was discussed to not schedule a public hearing at this time.

Update- Plaze – The Community Development Director, Joey Graves, stated there is nothing to report at this time and asked that this item be removed from the agenda until further notice.

Update- Park Projects – Park Director, Kevin Arand, updated the committee on the following: Liberty Swing – The ribbon cutting ceremony was held on August 17th with great success and media coverage, as Fox 2 News and the Missourian covered the event. Everyone commended Kevin on what a great job he has done with the handicap swing project.

Swimplex – The pool will be open on weekends until Labor Day. September 12th will be doggie day at the pool. The City Administrator commented on how great the pool season went this year and commented on what a good job Kevin and the pool manager, Kate Schroeder, have done. Exercise Equipment – The process will begin next week to implement the exercise equipment at the lake. College Meadows Playground – Kevin is working on getting the playground equipment installed. Exercise Programs – The exercise programs, Yoga, Yopi, and Pilates are in place and adult aerobics at the pool will extend through Labor Day. Vandalism – Vandalism in the park is down due to the installation of the cameras, however there was some damage to the men’s bathroom.

Update- East Park Property – The next meeting scheduled for the East Park Property is Wednesday, September 16, 2009 at 6:00 p.m.

Approval of trash contract – Russell reviewed over the contract with IESI for the solid waste collection discussing with the committee the changes and the avenues to let the public know of the upcoming changes with the trash service. The committee recommended submitting the solid waste collection contract with IESI for approval to the full Board at the Special Meeting of the Board of Aldermen, on August 31, 2009.

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Russell clarified comments he has heard on the reason for the increase in the trash collection, which is due to the new contract rates and not because of additional yard waste pick-ups, as was being said. He will help to clarify this through the paper and the Code Red System.

Update- URS Comprehensive Plan Scope – Community Development Director, Joseph Graves, reviewed over the meeting he had with City officials regarding the scope of services presented by URS for the basic element plan, which they all felt comfortable with at the cost of $59,000. This cost will be split out of two budget years. The committee discussed the east park property planning being added within the scope of services and decided to wait until after the next meeting of the East Park Development Committee for further discussion. Joey reviewed over option three of the scope for additional meeting cost, however at this time no action was taken. The committee recommended submitting the basic element plan for scope of services with URS to the full board for approval at $59,000.

Update- Discussion of ATV permits – Nothing to report at this time as the City Attorney, Tim Melenbrink and Norman Brune the Chief of Police are still discussing the ordinance preparation. Tim did note that the permit is for utility vehicles, not ATVs.

Discussion of County Collecting Taxes - The City Administrator, Russell Rost, had previously presented a sample contract of a neighboring city, whereas their city taxes are collected by Franklin County. Discussion was held to decide if the City of Union wants to have the taxes collected by the County. After discussion and input from the committee and those present the committee recommended having Franklin County collect the taxes, starting in 2010. The committees recommend submitting to the full board to enter into an agreement with Franklin County to start collecting the City of Union taxes in 2010. Discussions of salary for the City Collector position will be discussed at the next Personnel, Finance and Public Works Committee Meeting. Discussion of rescheduling the September and October Personnel Finance and Public Works Committee meetings due to the Labor Day Holiday and the Municipal League Conference was held. The next meeting of the Personnel, Finance and Public Works meeting will be Tuesday, September 8th. At this meeting they will decide the October meeting date.

Motion: To accept the Committee’s Report. Stowe/D.Schmuke-2nd approved 8-0.

c) Personnel, Finance and Public Works Committee – 9/8/09

Dale Schmuke-Chairman, Paul Arand, Bill Isgriggs, Jim Albrecht, 1-Vacancy and Donald Wurdack, Members. Chairman Schmuke reviewed over the committees report as follows: (italicized print reflects updates since the committee’s meeting being discussed at this Board of Aldermen meeting)

City Collector Salary – Chairman Schmuke addressed the recommendation from the Parks, Building, Development and Public works committee (8/17/09) to recommend having Franklin County collect the taxes for the City of Union starting in 2010. The City Administrator Russell Rost, stated that he has talked with the County regarding the tax collection, whereas an agreement could be drafted by November or December. He also notified the City Collector regarding the tax collection and that the salary for the city collector would be discussed at this committee meeting. Discussion was then held to set the salary for the City Collector. The committee motioned and approved 3-1 (Albrecht) to recommend setting the salary for the City Collector’s position to one dollar only and that this will be the only compensation, no benefits. These recommendations regarding the County collecting the taxes and the City Collector’s salary will be presented to the full board on September 14, 2009.

Chairman Schmuke noted that this was discussed at length in the committee meeting and questioned if there are any comments or questions. Alderman Isgriggs expressed his concerns with this recommendation regarding the collector’s salary and of not having the citizens’ vote on any decision with the collector’s position. The City Collector, Ruth Dowil, also expressed concerns of why not take this to the vote of the people. Alderman Arand and Alderman Wurdack, reiterated the discussions held at the committee meeting regarding the city collector salary rate. They explained the reasoning in setting the salary as such, due to the fact the County will now be collecting the City’s taxes and this will be a time to trial and test the position duties. Chairman Schmuke encouraged any citizens to address the Board to talk to them if they are upset about a decision the Board has made.

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Update- Building Codes – The City Engineer, Jonathan Zimmermann, updated the committee on the building code process through the Planning and Zoning Commission where one meeting has been held regarding such. Recommendations made at this meeting are forthcoming in the minutes of the commission in the Board of Aldermen packets for the September 14th, meeting.

Update- Hwy 50 Project – Jonathan reported that there has been some confusion of communication between MoDOT and the contractor with East Central College, that is being clarified, as the college needs to be notified well in advance of what is taking place at what time. Alderman Arand clarified that this is a just a notification and not a problem with East Central. The project has started and the contractor will be contacting the fire department regarding the use of explosives. Water line is finished and borings are complete. Actual paving will begin next spring. Alderman Albrecht questioned the temporary signs in the area and the committee discussed their removal and informing the public that off-site signage is not allowed in the city. Alderman Wurdack addressed the enforcement of off-site signage and stated that this should be enforced regarding the signs in the right-of-way as this is not appropriate. Russell updated the committee regarding the Hwy 50 Partnership, where he is a board member, and they have voted to form a formal transportation corporation that would be recognized by MoDOT. This will help keep the project a priority with MoDOT.

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

Street Overlay (Bourbeuse Drive and area cul-de-sac) – Byrne & Jones was the low bidder for the street overlay at a cost of $54,397.50. An alternate bid was also included to mill & overlay a section of Main Street. This was previously discussed as a possible solution for stormwater control at Main and Mulberry for property owned by Mike Schroeder, for an additional cost of $3,572. The committee discussed the alternate bid and decided to accept the bid of Byrne & Jones for the street overlay only and to not include the alternate.

The committee recommended accepting the low bid of Byrne & Jones for street overlay as submitted at $54,397.50 and to not include the alternate bid of $3,572.00.

MoDOT Intersection work at Main & Hwy 47 – Jonathan discussed a possible STP project with MoDOT, whereas they would pay for the design and cost, if MoDOT could run the STP project through the City of Union. The project would be to improve the intersection to be ADA compliant. Jonathan is just informing the committee of this discussion with MoDOT to see if the committee would like to pursue. The committee recommended the City Engineer move forward with this project.

Church Street Project – Jonathan updated the committee on the Church Street project. He then explained a change order to the project, regarding the intersection at Hambro, whereas thanks to the Public Works Director, Harold Lampkin, in assisting with in house work, the change order is a negative $600.00. The committee and those present thanked Harold and the street department for their work. To recommend accepting the change order for the Church Street project for a negative $600.00. Jonathan updated that milling has been done from State to Independence and overlay will be done on Wednesday, Sept. 16th.

MoDOT – Jonathan informed the Board that MoDOT requested that RFQ’s be placed on their web page in advertising for every project now through MoDOT. He then updated the committee on the Park Road Bridge project and this led to discussion of large trucks being routed across the bridge, when it does not allow large trucks to cross. Alderman Albrecht commented on the pedestrian bridge on Washington Avenue and questioned when it will be completed, as the traffic cones placed there are a traffic hazard. Jonathan estimated sixty days after it is bid out.

Update - Discussion of storm water runoff - Youngridge – The City Engineer reported that the First Christian Church on Joel Ave has agreed to donate property toward a detention basin, however the City Attorney, Tim Melenbrink is still researching of how this should be done properly.

Update - 2010 Comprehensive Plan – The Community Development Director, Joey Graves, reported that he has given Todd Streiler and Mark Felton of the URS Corporation a complete tour of Union and they will be attending the next meeting of the Planning & Zoning Commission, September 28th, to kick off the comprehensive plan.

2008-2009 Budget Amendments – Finance Officer, Heather Keith, could not be present at the meeting, so the City Administrator, Russell Rost, addressed the 2008-2009 budget amendments with the committee for discussion and questions. The committee recommended proceeding with the 2008-2009 budget amendments for ordinance form.

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Engineering Services – Cochran Agreement - Jonathan presented a proposal with Cochran for the easement exhibit preparation along the new sanitary sewer in conjunction with Hwy 47 South Gravity Sewer. The committee recommend proceeding with the proposal for Cochran to prepare the easement exhibit for the amount of $5,000. These are the permanent easements.

Chairman Schmuke announced there will not be an October meeting for this committee due to the Missouri Municipal League conference being held October 4-7, 2009. The next meeting will be the regularly scheduled meeting of November 2, 2009, unless otherwise posted. Russell noted that several items have been placed on the next Parks, Building, Development and Public Works committee, that would have gone on this committee, if the committee members would like to attend.

Motion: To accept the Committee’s Report. Arand/Wurdack-2nd approved 8-0.

The Mayor then asked for a motion to appoint David Pope to the Personnel, Finance, and Public Work’s Committee and to the Parks, Building, Development and Public Service Committee in place of Karen Erwin who resigned August 10, 2009.

Motion: To accept the appointment of David Pope to both committees. Wurdack/Stowe-2nd, approved 8-0.

Alderman Paul Arand will remain the chairman of the Parks, Building, Development and Public Service Committee after taking over for Karen Erwin.

The Mayor commented on the Fire Department’s anniversary celebration this past weekend and commended them on what a good job they do for us.

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*

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – August 24, 2009*

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) Proclamation – MML Executive Director Gary Markenson Retirement. The Mayor read a proclamation recognizing the accomplishments of Gary Markenson and expressing gratitude for his contributions he has made to local government in the State of Missouri.

b) Proclamation – Industrial Proclamation. The Mayor read an industrial proclamation proclaiming the month of October as business appreciation month. This was put together by the Community Development Director, Joey Graves. Joey informed the Board that he will be having events throughout the month of October to promote the businesses. He is putting together a class on starting a small business, a business expo at City Hall for business to showcase their products and the UDC will have a business luncheon.

Motion: To approve the proclamations as read. Arand/Albrecht-2nd. 8-0.

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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 09-164 /3485 Ordinance – Minor Subdivision – Union Hills Subdivision No. 5. See pg. 109.

b) Bill 09-165/3486 Ordinance – Minor Subdivision – Amended Crowes Addition. See pg. 110.

c) Bill 09-167/3487 Ordinance – Minor Subdivision – Kassbaum/Vemmer Plat 2. See pg. 111.

d) Bill 09-168 /3488 Ordinance –Agreement – Cochran – Easement Exhibit Preparation Hwy 47 Gravity Sewer See page. 112.

e) Bill 09-169/3489 Ordinance – Award Bid – Byrne & Jones Street Overlay – Bourbeuse Drive and area cul-de-sac. See pg. 113 .

f) Bill 09-170/3490 Ordinance – Change order – Kozeny Wagner – Church Street. See pg. 114.

g) Bill 09-171/3491 Ordinance – Approval of Budget amendments FY 08-09. See pg. 115.

11. MISCELLANEOUS

The Mayor brought forth the name of Dustin Bailey for appointment to the Park Board.

Motion: To accept the appointment of Dustin Bailey to the Park Board. D.Schmuke/Wurdack-2nd, approved 8-0.

12. ADJOURNMENT

a) Closed Session

Motion: A motion was made (Stowe) and seconded (Albrecht) 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 Yes Paul Arand Yes

Dale Schmuke Yes Bill Isgriggs Yes

Robert Schmuke Yes Tammy Stowe Yes

David Pope Yes Donald Wurdack Yes

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

The following roll call vote was recorded:

Albrecht Yes Paul Arand Yes

Dale Schmuke Yes Bill Isgriggs Yes

Robert Schmuke Yes Tammy Stowe Yes

David Pope Yes Donald Wurdack Yes

Motion: To instruct the City Attorney, Tim Melenbrink, to amend the ordinance regarding canvasser’s, changing the fee and timeframe for solicitation to $50 per day per company, $100 for thirty days per company, and $150 for 120 days per company, anything beyond that is $50 for a regular business license. Each company shall provide a listing of who is working for them and must carry the permit on them. Wurdack/Arand-2nd, approved 8-0.

Adjourn Regular Session

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