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Board of Aldermen Minutes - 10/12/2009

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

Union, Missouri

October 12, 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 12th day of October, 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 Alderman David Pope, Ward 4

Absent: None

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

Jonita Copeland, City Clerk Norman Brune, Chief of Police

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

Kevin Arand, Park Director Ruth Dowil, City Collector

Heather Keith, Finance Director Joey Graves, Community Dev. Dept.

Media: 3 Others: 2

*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 6a, Chief of Police Monthly Report, removed. Arand /D.Schmuke -2nd, approved 8-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: September 14, 2009*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Terry Copeland – Collector’s Salary - Terry Copeland, 407 Bourbeuse Road, Union, was present and addressed the Board regarding the collector’s salary and questioned the decision to reduce the salary. He then expressed concerns of why this is being done, and discussed how this is an elected position and why it should not be done in this way.

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - The Mayor informed everyone of the Parks Department Halloween Party to be held on October 23rd at the Jaycee pavilion. He also thanked the park department and the volunteers who helped assemble the playground equipment in College Meadows Park on Saturday, Oct. 10th. Aldermen, Jim Albrecht, passed along thanks from the Union Kiwanis, for the use of the pool parking lot to set up the circus.

b) Parks, Building, Development and Public Service Committee – 09/21/2009

Paul Arand, Chairman - Bill Isgriggs, Jim Albrecht, Robert Schmuke and Tammy Stowe, David Pope - 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)

Storm water problem- Main and Mulberry – The City Administrator addressed the recent excessive heavy rains, relevant to the issue of storm water going in the front door of the building at Main and Mulberry. He reported after watching the rain the storm water did not get to the front door of the building. The committee discussed and no action was taken regarding this issue. The committee made the recommendation to remove this item from the agenda

Discussion of requiring a prescription for purchase of pseudoephedrine – The committee has not heard back from the Attorney General regarding the issue as was requested at the last committee meeting.

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After discussing the issue again, regarding waiting for a statement from the Attorney General, how the state needs to take action and possible legal issues from the ACLU the committee recommended to proceed with the ordinance of requiring a prescription for the purchase of pseudoephedrine in order to help fight the production of meth and its usage. The committee recommended presenting to the full Board to proceed with an ordinance that would require a prescription for the purchase of pseudoephedrine.

Update- Park Projects – Park Director, Kevin Arand, reported on the current park projects. The exercise equipment at the lake has been installed. On October 10th, the playground equipment for College Meadows will be installed. The fall park department programs are now in place. The Swimplex had another leak, but has since been repaired. Kevin received a request from a citizen to have park rental fees waived for a fundraiser in the park for the MDA. The City Administrator, Russell Rost, commented on the policy of not waiving the fees for fundraisers, because of the abundance of requests that would have to be evaluated. He recommends to keep the policy as is and to not waive the fee. The citizen is to formerly address in writing their request. The park director concurred and possibly private donations could be donated to help offset the cost of the rental fees. Kevin informed the committee that the Jaycee Fair Board requested to put in another dirt track for their Oct 17th mud run event. They will bring the dirt in and remove properly when the event is done. Kevin then presented a list of new park rules he would like for the committee to consider and add to the current ordinance for such. After discussing with the committee, he and the Police Chief will go through and clarify some of the language and bring back to the committee.

Update- East Park Property – The next meeting scheduled for the East Park Property is Tuesday, October 27, 2009 at 6:00 p.m. The City Administrator reported that Water District #3 is waiting on a decision until there is a final plan of the park to see where water will be located. Nothing resolved with the water district at this point.

Update- Discussion of UTV 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.

Discussion of Vandalism in Park – The Park Director, Kevin Arand, reported on several incidents of vandalism in the Park and presented pictures.

Bid Award – Putnam Chevrolet – Water/Sewer Department Trucks – The Public Works Director, Harold Lampkin, presented two bid awards from the state. The first one is to purchase a 2009 Chevrolet 1 ton truck for a total cost of $31,209.00 (which includes a trade-in) for the water department. The second one is for a 2010 Chevrolet express ½ ton van, at a cost of $24,507.00. This is without the trade-in of the current van, as it may be used by another department. The committee recommending approving the bid awards as submitted for the two vehicles for the Water Department.

Discussion of consultant for East Park Project Design – Robert Schmuke, Chairman of the East Park Development Committee, reported on a design firm, SWT, that the East Park Development Committee has recommended to do a formal proposal design plan for approximately $25,000. This led to a divided discussion between the Parks, Building, Development and Public Works committee members and those present on this type of firm verses a local firm, the cost, and the scope of work that will be done. After discussing the committee decided to see what the scope of work will be from SWT for that cost. Community Development Director, Joey Graves, will forward the proposal once he receives it from SWT to the City Administrator and the Board of Aldermen.

Miscellaneous – The City Engineer, Jonathan Zimmermann, reported on the AT&T building, located at 507 E. Main. The owner’s will be putting a new roof on soon and that will require part of the street to be blocked off by barricades to allow the crane that will be needed to install the new roof. Jonathan asked for approval from the committee to allow such.

The committee recommended the request for the necessary street barricades to put the roof on the AT&T building.

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

c) Personnel, Finance and Public Works Committee – No Meeting. The meeting (Monday, October 5, 2009) was cancelled, due to the Missouri Municipal League Conference.

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6. DEPARTMENTAL REPORTS

a) Chief of Police – Monthly Report – Alderman Albrecht requested this report be removed from the consent agenda and questioned the Police Chief on the status of DWI arrests within the City and the judge’s repercussion for such. Norman Brune, Police Chief, addressed the issue, stating they are fairly successful with DWI arrest and that it is the judge’s duty to impose the sentence.

Motion: To accept the report of the Chief of Police. Albrecht/Isgriggs-2nd, approved 8-0.

b) Municipal Court – Monthly Report*

c) City Collector – Monthly 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) Appointment of LAGERS (Retirement System) Employer delegate for annual conference (Russell Rost) –

Motion - To elect Russell Rost as employer delegate to the Local Government Retirement System Conference in October 2009. D.Schmuke/Arand-2nd, approved 8-0.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – September 28, 2009*

b) Park Board Minutes – *

c) Board of Adjustments – No meeting*

d) Urban Forestry Council – No meeting*

e) East Park Development Committee – September 16, 2009*

9. RESOLUTIONS AND PROCLAMATIONS

a) Proclamation – Disability Employment Awareness Month. The Mayor read a proclamation proclaiming the month of October to be Missouri Disability Employment Awareness Month.

Motion – To approve the proclamation for disability employment awareness month. D.Schmuke/Pope-2nd, approved 8-0.

b) Resolution #2628 – Support Missouri Housing Development Project. The Mayor read a resolution for the support of the Missouri Housing Development Commission Project. Chuck Peirce of MOCAP was present and reviewed over the housing project for which this resolution applies. See pg. 121.

Motion: To approve the resolution in support of the Missouri Housing Development Commission Project. Wurdack /Albrecht-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 09-171/3492 Ordinance – Prohibit sale of Pseudoephedrine and amend code. After the ordinance passed by roll call vote Alderman Schmuke commended the Board for this action and thanked Jason Grellner for his work and encouraged everyone to contact their state officials on this issue. See pg. 122

b) Bill 09-172/3493 Ordinance – Authorize Mayor enter agreement with Franklin County for collection of City taxes. See pg. 123

c) Bill 09-173/3494 Ordinance – Establish salary of City Collector. The ordinance was read once and then discussion was held. Alderman Jim Albrecht has concerns of the annual salary being one dollar and made a motion to set the salary for the city collector position at $18,000 per year. Motion seconded by Bill Isgriggs. Motion failed 6-2. The ordinance was then read for a second reading and passed 6-2. See pg. 124

d) Bill 09-174/3495 Ordinance – Amend Section 610.090 – Permit Fee. See pg. 125.

e) Bill 09-175/3496 Ordinance – Approve Condominium of Lots 3, 4, 9, & 10 of Glenrich Estates. See pg. 126

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11. MISCELLANEOUS

The Mayor brought forth the name of Karen Virkler and Theresa Landham, for re-appointment to the park board.

Motion: To accept the appointments to the Park Board. Arand/Wurdack-2nd, approved 8-0.

Community Development Director, Joey Graves, informed everyone of the Business Expo to be held Thursday at City Hall from 3-7 p.m. and of the Union Development Corporation’s industrial appreciation lunch on October 27th at 11:30 a.m. to be held at the East Central College regional training center.

The entry fee to the Business Expo is a can good for the food pantry. The Mayor noted that the food pantry is really low and encouraged everyone to donate to the food pantry.

12. ADJOURNMENT

a) Closed Session

Motion: A motion was made ( Arand ) and seconded (Isgriggs ) to recess the regular meeting and convene in executive session to discuss Real Estate 610.021 (2).

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 (R.Schmuke ) and seconded (Albrecht) 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

Alderman Wurdack requested that stormwater issues be placed in the Parks, Building, Development and Public Service Committee, as he has had three citizens who would like to address the committee regarding such.

Adjourn Regular Session

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