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Board of Aldermen Minutes - 12/14/2009

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

Union, Missouri

December 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 December, 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 Patty Pohlmann, Dep. City Clerk

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

Kevin Arand, Park Director Heather Keith, Finance Director

Joey Graves, Community Dev. Dept.

Media: 2 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. Albrecht/Isgriggs, approved 8-0.

2. APPROVAL OF MINUTES

a) Board of Aldermen: 11/09/2009*

b) Special Board of Aldermen Meeting: 11/16/09*

3. OLD BUSINESS

a) None

4. CITIZENS HEARINGS AND PRESENTATIONS

a) Approval of liquor license – Walgreens*

5. MAYOR AND BOARD COMMITTEE REPORTS

a) Mayor's Communications - The Mayor had a certificate of appreciation plague for Leneigha Downs, Municipal Court Judge (1997-2009), who resigned on December 1st, that he will present to her at next month’s meeting, as she could not be present for this meeting. Dan Leslie has been appointed as interim judge until the April 6, 2010 election, where the unexpired term of one year has been placed on the ballot.

The Mayor reminded everyone that filing for the April 6, 2010 election starts December 15th and ends January 19, 2010. Positions up for election are municipal judge – 1 year unexpired term, alderman in each of the four wards – 2 year terms and city collector - 4 year term.

b) Parks, Building, Development and Public Service Committee – 11/16/2009

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 - As of the last meeting the City Engineer, Jonathan Zimmermann, who was not able to attend this meeting, was to contact the Corps of Engineers and report to the landowners. This item will be removed from the agenda.

Update Business License Report – No report at this time. It is to be placed on the agenda for the December meeting, which will be December 21st.

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Update-Park Projects – Park Director, Kevin Arand, reported on the following:

College Meadow Park is complete, including pavilion, and a fence will be forthcoming which will be constructed by park staff, which will save approximately $2,300. Alderman Pope noted that there have been many kids utilizing the new park. The last drain to be fixed in the pool to accommodate the Virginia Graeme Baker Act has been completed. The waterslide and pool animal has been fixed and complies with MIRMA. The fall softball league has had a bad season due to the rain. A meeting will be held in January with the league captains to discuss having only a summer league; rain out dates could then be made up in the fall. The Halloween party was semi-successful due to the weather and the fact that Central Elementary held a party that same evening. Next year they will check the dates to not coincide with each other. Pavilion #2’s maintenance report is that the roof material is in and the concrete will be done this spring. Tree maintenance in the park will be done as a winter project.

Discussion – Relocation of Founder’s Day – Park Director, Kevin Arand, addressed the committee about relocating Founder’s Day to the Main Park, and explained his reasoning for such. His main purpose is to bring back the family atmosphere while hopefully increasing attendance getting more people to come to the park. The committee discussed the ideas Kevin presented and questioned the vendors, walking distance and security. It was suggested that Kevin talk to the local businesses and vendors who participate for their opinion. Kevin will talk with them and give an update at the December meeting of this committee.

Update – East Park Property (Committee Meeting and SWT Design for design consultant) – Robert Schmuke, Chairman of the East Park Development Committee, reported that they have made a recommendation to this committee (Parks, Building, Development and Public Works) to enter into a contractual agreement with SWT Design in the amount of $25,000 to do a design concept for the east park. The committee discussed again (from previous meetings held) the pros and cons of spending the money for this service as design consultant for this park. The committee recommended 4-2 (Albrecht/Isgriggs) to submit to the full Board the contractual agreement with SWT Design in the amount of $25,000 to do a design concept for the east park property.

Update – Recommendation to reduce speed limit for Stonebrook Village – No report at this time and the item will be removed from the agenda until addressed further by the Police Chief, Norman Brune.

Paving request – Allen Eaker – Mr. Eaker was not present, no action taken.

Discussion of Trailnet Project – The City Administrator, Russell Rost, asked for this item to remain on the agenda and he will report on at the December meeting of this committee.

Discussion – placing “Cross Traffic Does Not Stop” sign at the intersection of Denmark Road and St. Andrews Road - Police Chief Norman Brune will discuss with the City Engineer, Jonathan Zimmermann, and report back at the December meeting of this committee.

Miscellaneous: The City Administrator, Russell Rost, informed everyone that the city employees adopted a needy family for Christmas and if anyone is interested in donating gifts to contact Kristin at City Hall.

Russell reported for the City Engineer that Request for Qualifications (RFQ) are to be done for the construction inspection and testing on the West Park Road Bridge project and the Independence sidewalk project. He discussed putting together a subcommittee to score the applicants and to bring forth the evaluations to the December 7th meeting of this committee. It was discussed to use staff from the subcommittee as before, which was Russell, Jonathan Zimmermann, Harold Lampkin. Alderman Wurdack stated he will attempt to attend the meeting of the subcommittee as well. Russell made the correction that Heather Keith, Finance Director, served on this committee and not himself.

Jim Albrecht questioned the recent vandalism in the city cemetery and if it has any relations to the vandalism that was done in the city park. Russell reported it to be an isolated incident.

The committee then discussed participation in the Down Home Christmas parade with the usual entry.

Motion: To accept the Committee’s Report with the correction that Heather Keith, Finance Director, served on the RFQ subcommittee to score the applicant’s instead of the Russell Rost, City Administrator. Pope/Albrecht-2nd, approved 8-0.

c) Personnel, Finance and Public Works Committee – 12/07/2009

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)

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Update – Paperless Council/Purchase of hardware in 2010-2011 Budget – The City Clerk, Jonita Copeland, reported on the results from the survey from the board regarding the paperless council. A majority of the board is in favor of proceeding with the process towards a paperless council by the way of laptops and software programming being done in-house by city staff. Estimated expense for the project at this point would be approximately $10,000 to purchase the laptops and software for viewing the monthly agenda and attachments. The finance director, Heather Keith, presented a cost justification from the current procedure to prepare board packets vs. preparing a paperless packet. The Clerk questioned the committee if they would like to proceed with the project cost by placing it in next year’s budget. Committee discussed ways of funding the project now, and Aldermen Isgriggs expressed his concerns for going paperless by the way of computers and commented that the cost justification is not there to justify proceeding with the process.

The committee recommended 4-1 (Isgriggs) to continue forward with the paperless council project and budget within the next fiscal year, 2009-2010.

Municipal Court appointed judge’s salary – Russell Rost, City Administrator, addressed the salary for the appointed municipal court judge, Dan Leslie, which will require an ordinance to set the salary. Russell presented the salary to be set at $300 per month ($150 per court appearance), the same salary as the previous elected judge who recently resigned December 1st. This amount will be retroactive to last Thursday’s court date (December 3rd), whereas the appointed judge resided. The committee recommended the salary as presented for the appointed municipal court judge at $300 per month. The city attorney, Tim Melenbrink, will prepare the ordinance for the appointed judge’s salary for the next board of aldermen meeting. Committee discussed setting the salary for the elected municipal court judge position in October 2010, which would be before filing of the regular two year term.

New Windows at City Hall – Russell discussed the need to replace the windows at city hall and the three bids he received to replace them. The lowest bidder was Crystal Extrusions, and he discussed how the cost could be expensed from several accounts, however if the bid will be good until July, he would do the replacement in the first quarter of the next fiscal budget year. Alderman Wurdack questioned if there is a state program for energy savings that would apply. Russell explained how some programs work and he will research it further.

Update Wellness Program – Anytime Fitness – Russell reported input from one employee and himself in visiting Anytime Fitness and recommended having payroll deduction for an employee on a volunteer basis for membership. The committee recommended having a payroll deduction on a volunteer basis for an employee for Anytime Fitness membership.

Update – Building Codes – No report.

Update – Hwy 50 Project - No report.

Update – Public Works Projects – City Engineer – Jonathan Zimmermann

New Flood Plain Maps – Jonathan discussed the proposed new flood plain maps, explaining some issues he responded to on them and discussed the thirty day comment period and ninety day appeal period. After this timeframe there will be new firm maps to use. Alderman Dale Schmuke questioned when the maps will be available. Jonathan replied the meeting will be held Jan 12th, then after the ninety days.

Deer Ridge Subdivision – Dan Roewe of MDNR Properties submitted a letter requesting acceptance of infrastructure for the Deer Ridge Subdivision as all improvements have been completed, including the paving of the access drive to the lift station there. Jonathan recommends the acceptance. The committee recommended approving the request for acceptance of infrastructure in Deer Ridge Subdivision.

Independence Drive Sidewalk Improvements – Jonathan presented the bid openings for this project and the lowest bid is from Karrenbrock Construction for $350,992.42, coming in over budget by $30,000. The estimated cost budgeted for this project is $320,000, Jonathan explained that this is with the non attributable funds, consisting of 80/20 cost share. He is in contact with MoDOT to find out if additional non attributable funds can be used. If not the city administrator recommended using the reserve funds and make a budget amendment. The committee recommended the lowest bid from Karrenbrock Construction of $350,000 per the City Engineer and Cochran’s recommendation. Jonathan Zimmermann, City Engineer, updated that there is actually $375,000 that can be expensed from the account and that the City can ask for additional monies by amending the existing agreement with MoDOT if done in concurrence. He will be visiting with MoDOT and will further discuss.

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Independence Drive Sidewalks Professional Qualifications Construction Inspection and Testing: Jonathan reported they have received six submittals for qualifications and they have been posted on MoDOT’s website as required. The submittals have been scored by a group of staff and alderman (Jonathan, Public Works Director-Harold Lampkin, Finance Director-Heather Keith, and Alderman-Don Wurdack). Jonathan has narrowed down the three high scoring firms (1-SCI Engineering, 2-Cochran, and 3-Horner & Shifrin, Inc.,) and he would like a subcommittee of Alderman to interview these three firms for the final selection. Aldermen Bill Isgriggs, Don Wurdack and Paul Arand will serve on this subcommittee.

Park Road Bridge Professional Qualifications Construction Inspection and Testing: Jonathan received seven submittals for qualifications and the same committee of Jonathan, Public Works Director-Harold Lampkin, Finance Director-Heather Keith, and Alderman-Don Wurdack evaluated the criteria and scored the three high scoring firms (1-Cochran, 2- SCI Engineering, and 3-Horner & Shifrin, Inc.). The same subcommittee of Aldermen will interview the final three for selection. The committee recommended proceeding with the subcommittee for both the Independence Drive Sidewalks Improvements and the Park Road Bridge professional qualifications for construction inspection and testing to interview the top three firms for both. Denmark Road Treatment Plant/Lift Station – Jonathan reported they are waiting for the plan reviewer to review the plan for the treatment plant/lift station. The lift station easements are all out and only verbal responses have been received regarding dollar amounts for easements. Jonathan is requesting any request for monetary amounts to be put into writing.

Missouri Department of Natural Resources (MDNR) – An inspector from MDNR was in town to inspect the treatment and collection facilities for the first inspection of operation and maintenance. Jonathan, Russell Rost-City Administrator, Harold Lampkin, Public Works Director and Jeff Voss-Water Superintendent met with the inspector. The inspector stressed the need for city map of facilities and will submit a written report.

Update – Discussion of storm water runoff – Youngridge - Jonathan discussed establishing the boundaries for a storm water detention area at Clearview Road, Edwards Circle and down to Leo J Peirick on Hwy 50. He has talked with Cochran and they can put together a proposal for such at a cost of $9,500 and start within 30 days. The committee then discussed with Tim Melenbrink, City Attorney, the response from the public concerning the creation of a sewer district and cost. The public needs to be made aware that a complementation of preparing a sewer district is being done once the boundaries have been set. Citizens could be notified by letter or Code Red. The committee recommended proceeding with the project as submitted per the City Engineer and funding the cost out of the storm water fund. Alderman Dale Schmuke commented how he has received feedback both for and against this storm water detention area.

Discussion – One time pay increase – Chairman Schmuke presented a one-time pay increase for all appointed city employees for $250 each. He also presented a breakdown of the cost which included the Lagers, social security and Medicare deductions, bringing the total pay increase to $18,297.75. This amount has been budgeted within this current fiscal year (2009-2010). The committee recommended the one time pay increase as presented for all the appointed city employees.

Discussion of planning RFQ for East Park Development – Alderman Jim Albrecht submitted a letter (see attached pg. 154) regarding the cost of $25,000 from SWT for the design proposal, when after researching he has found other companies that could perform the work and recommended putting this out for bid. City Administrator, Russell Rost, read the letter to the committee. Committee discussed the bid process and the request for qualifications for professional services. This project would be considered a request for qualifications, which was done through the comprehensive plan selection of URS Corporation and SWT Design is a member of their team. Committee discussed setting up a new RFQ specific to the scope of qualifications, but noted this agreement from SWT will come before the full board as a recommendation at Monday’s board of aldermen meeting and they will proceed from there.

Request from Union R-XI School District – Waiving Building Permit – Union R-X1 School District has submitted a request to waive the building permit fees for the remodeling of the ADA project at the Middle School. The committee recommended approving the request from the Union R-XI School District as submitted.

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After the committee report was read the following motions were made by the Board:

Motion: To accept the recommendation for a one time pay increase of $250 for each appointed employee. Pope/Albrecht-2nd, approved 8-0.

Motion: To accept the recommendation approving the request from the Union R-XI School District to waive the building permit fees for the remodeling of the ADA project at the Middle School. Arand/Wurdack-2nd, approved 8-0.

Alderman Isgriggs questioned if the one time pay increase of $250 could be considered for the current City Collector for this year only. Board discussed and reiterated that this would be considered a compensation for the collector’s salary, which cannot be changed during the term of office for an elected official.

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

6. DEPARTMENTAL REPORTS

a) Chief of Police – Monthly Report*

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) Bids on patrol rifles – Byrne Grant – Russell explained the bid award for patrol rifles, which will be coming up by ordinance (see 10f). This cost will be funded 100% by the grant.

Russell reported that on December 30th at 10:00 a.m. there will be an all call Code Red test to update data.

Motion: To approve the report of the City Administrator. Arand/Stowe-2nd, approved 8-0.

8. COMMITTEES, COMMISSIONS, AND BOARD REPORTS

a) Planning and Zoning Commission Minutes – None*

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

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 09-187/Ordinance 3508 – Approval final plat “Grayhawk Village Condominium Phase 2a”. See pg. 155.

b) Bill 09-188/Ordinance 3509 – Authorize Mayor to enter agreement with SWT Design. Bill was read once and then the Board discussed. Alderman Albrecht referred to his letter he submitted to the Personnel, Finance and Public Service committee regarding the cost of the design and questioned and expressed his concerns for the project not being put out for bid. Alderman Arand reiterated that this project is not based on award by cost, but by qualifications and expressed his acceptance of SWT per the recommendations of both committees (East Park Development and Parks, Building, Development and Public Works) in favor of. Community Development Director, Joey Graves, has talked with SWT Design regarding the cost, whereas SWT Design submitted a second proposal. The first proposal cost was for $24,900 which included 3 master sketches. The second proposal cost is for $22,900, where to master sketches are included. After discussion a motion was made to select the second proposal from SWT Design. The ordinance was then read a second time and voted on passing 5-3 (Albrecht,Isgiggs,Wurdack). See pg. 156.

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c) Bill 09-189/Ordinance 3510 – Accept infrastructure – Deer Ridge Subdivision. See pg. 157.

d) Bill 09-190/Ordinance 3511 – Authorize Mayor to enter into an agreement with Cochran – Independence Sidewalk Improvements. See pg. 158.

e) Bill 09-191/Ordinance 3512 – Bid award – Karrenbrock Construction – Independence Sidewalk Improvements. See pg. 159.

f) Bill 09-192/Ordinance 3513 – Bid award – Express Police Supply – Patrol Rifles. See pg. 160.

g) Bill 09-193/Ordinance 3514 - Establish the compensation of interim Municipal Judge. See pg. 161.

11. MISCELLANEOUS

The Mayor wished everyone a Merry Christmas and to have a happy and safe New Year.

Adjourn Regular Session

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