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Board of Aldermen Meeting - 11/9/2009

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

Union, Missouri

November 9, 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 9th day of November, 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 Heather Keith, Finance Director

Joey Graves, Community Dev. Dept. Patty Pohlmann, Dep. City Clerk

Media: 1 Others: 7

*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 6I- Community Development monthly report removed. R.Schmuke/Albrecht-2nd, approved 8-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: 10/12/09*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Approval of liquor license – Bugsy’s on Main, LLC*

b) Public Hearing – James A. Miller – Conditional Use Permit – 301 Pine Street – Automotive Repair - The Mayor opened a Public Hearing to allow the Board and citizenry the opportunity to review a conditional use permit submitted by James A. Miller to operate automobile services and other motor vehicle repair services, body shop, rebuilding, and tire retail sales and services at 301 Pine Street, zoned B-2.

The City of Union Zoning Code was introduced into the record of the public hearing. The Union Planning and Zoning Commission recommended at its regular session held October 26, 2009 that the Board of Aldermen approve the conditional use permit with the following restrictions: The hours of operation are from 7 a.m. to 7 p.m. Monday thru Friday and 8 a.m. to 5 p.m. on Saturday. Closed on Sunday. A limit of up to 15 vehicles to be serviced can be parked at the site in the fenced area and each vehicle can remain no longer that thirty days.

No person present expressed opposition to the development. Alderman Isgriggs referenced outside vehicle storage, and was informed that this was addressed within the restrictions. Following all comments and questions by the Board of Aldermen, and all interested citizenry, the Mayor closed the public hearing. Audiotape of said hearing shall be on file in the City Clerk’s office until November 9th, 2010.

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5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications -

Police Officer, Sergeant Mike Williford, was recognized for an award he received from the St. Charles Elks #690 lodge for his assistance while off duty in performing CPR on a lady that had collapsed, keeping her breathing until the local EMT’s arrived, thus saving her life. The Mayor and Chief of Police, Norman Brune, commended Sergeant Williford on a job well done.

Certificate/Recognition – Budget Preparation – Heather Keith – Dan Smith of Creve Coeur and representative of the State Government Finance Officers Association (GFOA) presented the City of Union the GFOA’s distinguished Budget Presentation Award for its budget, prepared by Heather Keith, Finance Director. Therefore Heather was awarded a certificate of recognition for budget preparation. The Mayor and Board commended Heather on a job well done. City Administrator, Russell Rost, commented on how Heather achieved this goal in less than the three years given to complete.

Request to block square for Down Home Christmas on 12/5/2009 from 12-6 p.m. Motion to block the streets around the old courthouse for the Down Home Christmas event on December 5, 2009 from 12-6 p.m. Albrecht/Isgriggs-2nd, Motion approved 8-0.

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 issues – Church Street - Keith Oltmann and Rich Purschke, landowners, were present to discuss with the committee the erosion effects from storm water runoff around Church Street (creek area behind Purschke’s gas station). They expressed concerns of the deterioration of the area due to storm water runoff and questioned of the city what could be done to alleviate this problem. It was discussed what jurisdiction the City has within the creek area and that the Corps of Engineers and the state must be contacted for permitting issues if work is to be done in the area. The City Attorney, Tim Melenbrink, addressed the issue explaining that the property in this area is private property and the storm water runoff is created from private property as well, and the City has no jurisdiction to go onto private property. The committee discussed what can be done by city/landowner and what the first steps would be. Tim explained a mechanism must be established to address the problem and then verify jurisdiction. Acting Chairman, Robert Schmuke, asked the City Engineer, Jonathan Zimmermann, to contact the Corps of Engineers first, as Jonathan explained the Corps of Engineers and the state or permitting authorities.

Update-Park Projects – Park Director, Kevin Arand, updated the committee on the following: College Meadow playground equipment is in, however they are waiting on the boundaries. The installation went well due to the great help from staff and volunteers. The last drain to be fixed in the pool to accommodate the Virginia Graeme Baker Act has been completed. The wellness programs are in place for fall. The park department Halloween party is this Friday at the Jaycee pavilion. Metal roofing material has been ordered for the old Rotary pavilion and Pavilion #2. The mulch and sand washed away by the storm water flood in areas of the park have been fixed. More lighting has been installed near the cameras for better viewing.

Update – East Park Property – Discussion of consultant for East Park Project Design – The committee discussed again the pros and cons of hiring SWT Design to do a design concept for the east park property and justifying the cost ($25,000). The East Park Development Committee recommended having a formal proposal for a design concept from SWT Design, which has been completed. After discussing the committee decided to make a recommendation after the East Park Development Committee meets on October 27, 2009.

Update – Discussion of UTV permits - The City Attorney, Tim Melenbrink, presented the proposed ordinance for the use of utility vehicles within the City limits of Union and discussed its contents with the committee. The committee recommending sending the UTV ordinance to Board of Aldermen for approval.

Recommendation to reduce speed limit for Stonebrook Village – The Police Chief, Norman Brune, had received a complaint/request to reduce the speed limit in the area to 20 mph, which he has done per trial period for ninety days. After that it will come by recommendation from Norman, if need be, to change the speed limit by ordinance.

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Miscellaneous – City Engineer, Jonathan Zimmermann - Jonathan informed the committee that developer Jim Bigley will be putting in a water and sewer line out east on Prairie Dell. The water line being put in will be a 6 inch line and in the past the City would pay the difference to have them put in an 8 inch line. The cost would be approximately $2,000. The committee discussed and recommended to place this item on the next Personnel, Finance and Public Works Committee agenda.

The committee recommended placing the discussion of the cost difference for an 8 inch water line (Jim Bigley’s development on Prairie Dell) on the Personnel, Finance and Public Works Committee agenda.

Jonathan presented a request from Allen Eaker, owner of a mobile home park on Wright Street, to allow him three years to pave his parking lot. As per ordinance he cannot be issued any permits until his parking lot is paved and he wants to place a mobile home within the park and this requires a permit. Committee discussed and questioned the length of the time frame and if the lot is never paved, what leverage is there to be assured the lot will be paved after the permit is issued. Committee will place on next month’s agenda of this committee.

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

c) Personnel, Finance and Public Works Committee – 11/2/09

Dale Schmuke-Chairman, Paul Arand, Bill Isgriggs, Jim Albrecht, David Pope 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)

Presentation by Anytime Fitness – Employee Wellness Program – Edwin Van Weelden, Anytime Fitness, addressed the committee regarding an employee discount program at Anytime Fitness located at 110 Union Plaza. He explained the process and benefits and offered guest passes for a two week trial period. The City Administrator, Russell Rost, will research the interest of employees, distribute the guest passes and report back at the next meeting of this committee.

Update – Paperless Council/Purchase of hardware in 2010-2011 budget – The City Clerk, Jonita Copeland, and Finance Director, Heather Keith, updated the committee on the status of the paperless council project, whereas survey’s were sent out to the Board members for comment and a cost estimate was presented to purchase the hardware. They will report back at next month’s committee meeting, after all of the surveys have been completed.

Update – Building Codes – The City Engineer, Jonathan Zimmermann, explained the most recent building code recommendation from the Planning & Zoning Commission meeting regarding adoption of requiring a sprinkler system for residential townhouses and single family dwellings. The commission recommended to not adopt this requirement. Chairman Schmuke made note that all of the recommendations regarding the updates from the Planning and Zoning Commission, when they are finished, will be coming to the full board for approval.

Update – Hwy 50 Project - The City Engineer reported that the work on the project was to reconvene in late October, but it will now be November, due to MoDOT finishing up work on another project.

Update – Public Works Projects – City Engineer – Jonathan Zimmermann.

Park Road Bridge – Jonathan discussed the bid openings for this project and the lowest bidder was Eckelkamp Excavating, however the five percent minimum assurety amount and the timeframe for such was not in compliance. After discussing with the committee, the bid was rejected and awarded to the next lowest bidder – KJ Unnerstall for the amount of $436,648.48. The committee recommended awarding the Park Road Bridge project to the next lowest bidder of KJ Unnerstall in the amount of $436,648.48.

Washington Avenue Pedestrian Bridge – Jonathan discussed the bid openings for this project, which came in higher than expected due to a power line that must be worked around in the area. The cost is still within the amount available being expensed from the sidewalk repair fund within the street department’s budget. Jonathan is recommending the lowest bid of Kelpe Contracting in the amount of $56,488.20. The committee recommended awarding the bid to Kelpe Contracting in the amount of $56,488.20 for the Washington Avenue Pedestrian Bridge Project. The City Administrator made the correction that the excess cost to repair the bridge will be expensed from funds leftover from street overlay.

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Independence Drive Sidewalks – The project is out to bid, with the bids being opened on November 20th.

US 50 Improvements – Utility relocate work is complete and a change order for the project will be forthcoming.

Church Street – Jonathan reported the project is complete with the street striping done over the weekend. A preliminary final walk through has been done. There are some minor items that will be addressed and a final change order will be forthcoming. Alderman Wurdack commended Jonathan and the Public Works Director, Harold Lampkin, for their work on this project.

Main Street Improvements – Jonathan reported they have been walking the project and scoping the proposed improvements.

Deep Well #6 – Jonathan reported the project is complete and the well is in operation. He explained that he will be closing out the project and that there is one change order due to the cabinet type being changed from a CT to a PT and a service call for such. The change order amount is for $2,578.18. The committee recommended the change order as submitted for Deep Well #6.

City Mapping – Jonathan addressed the city mapping project to be done for water/sewer and storm sewer locations for this budget year and presented a proposal from Cochran for such. He explained the need and the benefits for having this type of mapping. Cochran’s proposal is for infrastructure locates and data collection and within the proposal Jonathan listed three costs: #1 Water main and sanitary sewer location for $153,200, #2 Storm Sewer Investigation for $20,000 and #3 Aerial Photography for $158,000.00. At this time Jonathan recommends to leave out the aerial photography cost and do at a later date.

The committee recommended going forward with the proposal from Cochran for the infrastructure locates and data location, for cost #1 and #2 at this time, totaling $173,000. Infrastructure Acceptance – Grayhawk Village and Kee Estates Plat 4 has submitted letters to Jonathan for infrastructure acceptance, which Jonathan will bring to the Board for full approval in ordinance form. The committee recommended the acceptance of the infrastructure for Grayhawk Village and Kee Estates Plat 4 per the City Engineer’s recommendation.

Bourbeuse Drive Overlay - The project is complete, however there was damage to 85 ft of curb & gutter by the company, whereas the city fixed. This cost will be deducted from their pay request.

East Central College request – Jonathan received a request from East Central College to waive the permit fee for a small electrical service. The committee recommended waiving the fee for East Central College. Chairman Schmuke noted that the college has been very cooperative and has worked well with the city.

Bigley Development - Jonathan informed the committee that developer Jim Bigley will be constructing a multi-family out east on Prairie Dell. The water line being put in will be a 6 inch line and in the past the City would pay the difference to have them put in an 8 inch line. Jonathan questioned the committee if they would like to pay the cost difference on the pipe, approximately $2,000, to upgrade to an 8 inch line. The committee recommended to upgrade the water line from 6 inch to 8 inch in a cooperative agreement with Jim Bigley Development.

Update – Discussion of storm water runoff – Youngridge - City Attorney Tim Melenbrink addressed the committee regarding storm water issues. He repeated that the City cannot fix storm water issues on private property. After researching for three months he has discovered a mechanism to address the issue and explained his findings. A storm water district could be formed for the area in question where it would be determined within the boundaries of who would benefit from it and who is the cause of the problem. The district could then be organized and special assessments would be put in place for those homeowners which are affected. Committee discussed with Tim how the district would work, funding, and citizen reaction. Also, discussed was that the districts would be done one at a time, as an engineer would have to figure out the district boundaries and who is benefiting and who is being burdened by such. Chairman Schmuke thanked Tim and Jonathan for their work on this issue. The committee recommended going forward with the engineering for the Youngridge/Edwards Circle area to determine a storm water district.

Proposal for new windows at City Hall – The City Administrator, Russell Rost, asked for this item to be placed on next month’s agenda, as he will have more information on the proposals by then.

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Health Insurance Renewal – The City Administrator reported that he does not have the final premium numbers as of yet, but did explain the insurance provider that is being considered, which is an HRA through Principal. He discussed with the committee the renewal process, and when the final numbers are in he will submit to committee and then a special meeting will be held for Board approval. Russell reported at this time there will be no special meeting and he will bring forth information at the next committee meeting.

Request for Proposal – Banking Services and Audit – Finance Director, Heather Keith reported it is time to request for proposals for Banking Services and Audit Services, which both are three-year contracts. The tentative timeline for this process will be advertising in the paper Nov. 25th and Dec. 2nd, with proposals due back to the City by Jan. 22nd. They will then be brought to this committee for the February 2010 meeting and approval by the full Board in February as well.

Request from K&D Machine – Extend paving deadline to May 1, 2010 – Kevin and Cindy Doerr, owners of K&D Machine, were present to request an extension for the paving that is required to be done at their location at 806 N. Washington. After a lengthy discussion of options he proposed, his final request was to pave the five parking spaces required for his business per ordinance and be given until May 1, 2010 to complete this paving. The committee recommended K&D Machine’s request to pave the five parking spaces required by May 1, 2010.

Recommendation from East Park Development Committee to accept SWT Design proposal - This item is to be discussed at the next Park, Building, Development and Public Works Committee Meeting on November 16, 2009

Motion: To approve the request of K&D Machine to have until May 1, 2010 to complete the five parking spaces required per ordinance for his business. D.Schmuke/Arand-2nd, approved 8-0.

Motion: To accept the Committee’s Report. Arand/Stowe-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 - Election Notice/CID Reports*

e) City Engineer – No Report*

f) Parks & Recreation – Monthly Report*

g) Street Department – Monthly Report*

h) Water & Sewer Department - Monthly Report*

i) Community Development Director - Monthly Report – Alderman Albrecht requested the removal of this report from the consent agenda to address the delinquent business license list.

Community Development Director, Joey Graves, addressed the issue referencing several businesses that are delinquent. He discussed with the Board how delinquent licenses are dealt with and what can be done to rectify the situation. Joey will give an update at the December Parks, Building, Development and Public Works Committee Meeting, thus allowing thirty days for the delinquent business to comply, and he will report on their status.

Motion - To approve the report of the Community Development Director, Isgriggs/Albrecht-2nd, approved 8-0.

7. REPORT OF CITY ADMINISTRATOR – Russell Rost

a) Monthly Cash Flow*

b) Presentation of Audit – Tammy Alsop – Hochschild, Bloom & Company – Ms. Alsop was present and reviewed over the audit report for the fiscal year of 08-09 reporting that overall the findings are good. She also complimented Heather Keith, Finance Director, on what a great job she has done and receiving the recognition for the budget award.

c) Agreement with American Tower for Permanent Easement – Russell addressed an agreement with Amercian Tower for permanent easement for the property on Clearview Drive, where their tower is located on. This was discussed in executive session where it was decided to accept an offer from Amercian Tower paying the City a one-time payment of $425,000, instead of monthly lease payments for such easement.

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Motion: To accept the report of the City Administrator, accepting the audit and the agreement with American Tower for the permanent easement. Albrecht/B.Schmuke-2nd, approved 8-0.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – October 26, 2009*

b) Park Board Minutes *

c) Board of Adjustments – No meeting*

d) Urban Forestry Council – No meeting*

e) East Park Development Committee – October 27, 2009*

9. RESOLUTIONS AND PROCLAMATIONS

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 09-176/Ordinance 3497 – Minor Subdivision Approval – Union Regional Center East Plat 8. See pg. 134.

b) Bill 09-177/Ordinance 3498– Amend Code – Prohibit utility vehicles with exceptions. See pg. 135.

c) Bill 09-178/Ordinance 3499 – Conditional Use Permit – James A. Miller – Operate automotive repair in B2 zoning at 301 Pine Street. See pg. 136.

d) Bill 09-179/Ordinance 3500 – Change order – Deep Well 6 – Municipal Electric. See pg. 137.

e) Bill 09-180/Ordinance 3501 – Authorize Mayor to enter into an agreement with Cochran Engineering – City Mapping. See pg. 138.

f) Bill 09-181/Ordinance 3502 – Bid Award – Kelpe Contracting – Washington Ave Pedestrian Bridge. See pg. 139.

g) Bill 09-182/Ordinance 3503 – Bid Award – K J Unnerstall – West Park Road Bridge. See pg. 140.

h) Bill 09-183/Ordinance 3504– Accept infrastructure – Grayhawk Village. See pg. 141.

i) Bill 09-184/Ordinance 3505 – Accept infrastructure – Kee Estates Plat 4. See. pg. 142.

j) Bill 09-185/Ordinance 3506– Authorize Mayor to execute agreement – Permanent Easement with Amercian Tower. After the ordinance was approved Aldermen Robert Schmuke made the motion to dedicate the money ($425,000) from American Tower to be placed in the East Park Development account. Aldermen Isgriggs expressed concerns placing this money in the East Park Development Account, as he felt it should be placed in the general fund and to allocate amount for street repair. Aldermen Dale Schmuke seconded the motion. The motion passed 6-2 (Isgriggs/Wurdack). See pg. 143.

11. MISCELLANEOUS

The Mayor brought forth the name of Vicki Smith for appointment to the park board.

Motion: To accept the appointment of Vicki Smith to the Park Board. D.Schmuke/Isgriggs-2nd, approved 8-0.

Adjourn Regular Session

Motion: There being no further business to transact, motion made (Pope/Stowe-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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