FESTUS CITY COUNCIL MEETING MINUTES May 26, 2010 7:00 p.m. The City Council of the City of Festus, Missouri met in regular session on May 26, 2010 at 7:00 p.m. The following council members were present for roll call: Dennis, Collier, Vogt, Richards, Tinnin, Venz and Underwood and Murphy; Absent – None. Also present City Administrator Terry Draper, City Clerk Kerry Patek, Finance Director Pat Parsons, Treasurer Roy Burnside, Police Chief Tim Lewis, Fire Chief Chuck Boyer, Planning and Public Works Director Bill Gray, Public Works Supt. Brent Abrams and Building Commissioner Matt Clemens. Mayor Cage presided. Council, staff, etc. then said the Pledge of Allegiance. Minutes Minutes of the May 12, 2010 council meeting and the May 19, 2010 work session were presented for approval. Motion to approve the council minutes was made by Councilman Collier, seconded by Councilman Richards. Motion carried unanimously. On a call by the chair, minutes of May 12, 2010 and May 19, 2010 were then approved unanimously. Warrants Finance Director Pat Parsons presented the council with a staff report and comments regarding certain expenditures within the warrants. Mayor Cage reported warrants in the amount of $254,110.78. Councilman Richards made a motion to approve the warrants, seconded by Councilman Collier. Mayor Cage called for a vote to approve the warrants, which were as follows – Ayes Councilmen Dennis, Underwood, Tinnin, Collier, Vogt, Richards, Venz, and Councilwoman Murphy. Nays – None. Warrants were then approved. Visitors None. Correspondence Request from Wee Care Learning Center to hold their annual fireworks display on Thursday, July 1, 2010 along with their annual patriotic bike parade. Councilman Dennis made a motion to approve this request, seconded by Councilman Collier. Motion carried unanimously. Bids Sewer Metering Installation Contract Bill Gray addressed the council and requested approval to execute contracts to purchase and install six sewer flow meters. Terry Draper stated there would be three contracts – one for purchasing the equipment and two for contracts and installation. Councilman Vogt made a motion that the City Council grant the City Administrator permission to execute contracts to purchase and install six sewer flow meters. Motion was seconded by Councilman Collier. On a call by the chair for votes, the motion was approved as follows: Ayes – Collier, Underwood, Vogt, Murphy, Venz, Dennis, Richards and Tinnin; Nays – None. Ordinances and Resolutions Budget Amendment No. 2 Staff Report and Recommendation Pat Parsons, Finance Director, reviewed the budget amendment staff report with the City Council. Pat stated that Budget Amendment No. 2 included the following: General Fund – new expenses of $23,013 (includes intern at city hall, parking lot lights, increasing in printing and postage for quarterly newsletters and adding funds to travel and training budget). City T-Tax – includes $57,250 to Cochran Engineering to design road program and set up 20 yr. program. County T-Tax – includes $62,531 to Cochran Engineering for the Central Ave. project, these were expected to be in next years budget. Storm Water Fund - $16,470 increase to cover cost of three summer workers to clean out creeks and drainage ditches. Could potentially cost an additional $5,100 if these workers would file for unemployment. Water Fund – Administration - $6,233 additional cost for four months of water bills, plus $750 for new printer for water bills. Water Sewer Fund – Sewer – increase budget by $27,000 to cover cost of Govero Land Services. Pat stated that the total prior budget amendment was $222,127 less transfer in of $24,877 for net of $197,250. Pat also gave the council a detailed accounting of the Budget Amendments No. 2. Terry Draper stated that the city received some very good news from the auditors, that the city had over $500,000+ more money than they had projected for this years budget in the general fund. Bill No. 3925 – An Ordinance of the City Council of the City of Festus, Missouri; amending the budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; and establishing an effective date. Clerk Patek read Bill No. 3925 for the first time in title only. Mayor Cage then called for any discussion. Councilwoman Murphy asked what happened that we ended up with so much more money. Pat explained that the budget figures were projected and then when the audit was complete, the actual figures showed the city had more money than projected. Pat stated she would be happy to answer any questions the council may have by either having them contact her directly or by giving a presentation at a council meeting. Councilmen Dennis and Vogt stated they were elated the city had more money, but wanted to proceed with caution. Terry Draper told the council this was very good news for the city. Mayor Cage then asked for a motion. Councilman Vogt made a motion to read Bill No. 3925 for the second time, seconded by Councilman Collier. Motion carried unanimously. Bill No. 3925 was then read for the second time and was approved by the following votes: Ayes – Councilmen Richards, Collier, Venz, Vogt, Dennis, Underwood, Tinnin and Councilwoman Murphy; Nays – None. Mayor Cage then declared Ordinance No. 3925 passed. Quad-City Intergovernmental Agreement Staff Report and Recommendation Terry Draper presented a staff report to the council which stated that the four cities (Crystal City, Festus, Pevely and Herculaneum) held a joint meeting and the city leaders decided that it would be a good idea to enter into a mutual agreement to cooperate in pursuing grants, project money, and work on the other issues or matters beneficial to all four cities. Terry stated that staff recommends entering into this Quad-City Intergovernmental Agreement. Bill No. 3926 – An Ordinance of the City Council of the City of Festus, Missouri; authorizing the City Administrator to enter into and execute a Quad-City Intergovernmental Agreement; incorporating said agreement as a part of this Ordinance; and establishing an effective date. Clerk Patek read Bill No. 3926 for the first time in title only. Mayor Cage then asked for a motion. Councilman Richards made a motion to read Bill No. 3926 for the second time, seconded by Councilman Collier. Motion carried unanimously. Bill No. 3926 was then read for the second time and was approved by the following votes: Ayes – Councilmen Richards, Collier, Venz, Vogt, Dennis, Underwood, Tinnin and Councilwoman Murphy; Nays – None. Mayor Cage then declared Bill No. 3926 passed. Street Protection Ordinance Staff Report and Recommendation Terry Draper presented the staff report on right-of-way protection. Mr. Draper stated that staff was requesting the council’s approval of the city’s right-of-way (ROW) guidelines by approving Ordinance No. 3927. Mr. Draper stated there was a sense of urgency due to the fact that currently a number of private communication companies are installing lines in the city’s right-of-ways. Terry also added that there would be an exemption which may allow homeowners access to an expedited process under certain conditions. Bill No. 3927 – An Ordinance of the City Council of the City of Festus, Missouri; amending Section 24-54, Permit Required; Exemptions, etc. of the Code of Ordinances of the City of Festus, Missouri; and establishing an effective date. Clerk Patek read Bill No. 3926 for the first time in title only. Mayor Cage then asked for discussion. Mr. Draper stated that “excavations not on paved property” needed to be added. Councilman Vogt made a motion to approve that change, seconded by Councilman Richards. Councilman Vogt asked if the city was going to notify AT&T, Laclede Gas, etc. of this policy and Councilman Richards asked also that all contractors be notified. Brent Abrams stated he would make sure everyone was notified. Mayor Cage then asked for a motion. Councilman Vogt made a motion to read Bill No. 3927 for the second time, seconded by Councilman Richards. Motion carried unanimously. Bill No. 3926 was then read for the second time and was approved by the following votes: Ayes – Councilmen Richards, Collier, Venz, Vogt, Dennis, Underwood, Tinnin and Councilwoman Murphy; Nays – None. Mayor Cage then declared Bill No. 3927 passed. New Business Liquor License Renewals City Clerk Patek gave the council a list of liquor licenses to be approved for the semi-annual renewal. Clerk Patek stated no “new business” were on the list and that Chief Lewis had looked over and okayed the list. Chief Lewis confirmed this. Councilman Dennis made a motion to approve the liquor license list, seconded by Councilman Venz. Motion carried unanimously. 20 Year Road Repair – Contract with Cochran Engineering Terry Draper presented the staff report on the 20 year road repair program to the council requesting authorization to enter into a contract with Cochran Engineering for plan development and engineering assistance. The report stated that staff and council have been working on this over that past months and that the plan is now figured out in two parts: 1) work focused in 2009/2010 year; and 2) base approach to 20 year plan, one fundamental change made was a shift to cluster streets instead of individual street evaluation program. Councilman Richards requested that the “complete streets program” be incorporated in this new 20 year road repair plan. Brent Abrams stated that all new streets and sidewalks will be ADA compliant. Terry Draper stated that although the “complete streets program” is a good idea, it is not cost feasible and could be taking money away from repairing the streets. Terry stated that we could include it in this year’s summer program. Councilman Dennis asked about Huber Street being in cluster 3 and what was he going to tell the people that lived there. Terry Draper stated that only cluster 1 would get done this year and that it would typically be one cluster per year and this year was going to be S. Adams. Terry Draper stated that he was asking for approval tonight to go ahead and do the first cluster, which is S. Adams. Councilman Vogt stated he felt the cluster approach made more sense. Mayor Cage asked if this program included Main Street where islands are busted up and loose bricks are laying around. Terry Draper stated that would be a separate project. Councilwoman Murphy asked what happens to the streets that were high priority to be fixed and now they are not going to be because they are not in that cluster. Bill Gray stated that he would see that all potholes were filled and that minor repairs were made to roads while they are waiting to be fixed. Councilman Venz asked if every year these numbers could change and the street cluster could change. Terry Draper stated that yes they could, that what the council was being presented with tonight was just an example of how the program is going to work and that details would be given to the council this fall. Councilman Tinnin asked about the utility poles in the road and was given the answer that they are AmerenUE poles or telephone company poles and they are very expensive to be moved. Councilman Dennis stated he needed something to take back to the people on Huber Street. Terry Draper told him to take the plan back to the residents and explain what the city is doing and tell the residents to help him get their street fixed. Brent Abrams stated that Huber Street is going to take more planning because of its unique layout. Bill Gray stated there is 40 ft. with right-of-way on Huber, but the topography will make it tough. Bill Gray said that if he could bid materials out in January he would be able to get a much better price. Councilman Collier made a motion to approve the Road Repair Program and authorize execution of the engineering contract, seconded by Councilman Richards. Motion was approved by the following votes: Ayes – Councilwoman Murphy, Councilmen Collier, Underwood, Vogt, Venz, Dennis, Richards and Tinnin; Nays – None. South Interceptor Plan – Govero Contract Matt Clemens presented the staff report for the south interceptor sewer plan which addressed entering into a contract with Govero Land Services for the preliminary engineering of south and southwest sewer extension. The report stated the project will enable the city to continue with expansion planning with the knowledge of cost, scope, and availability of services that could be offered in future annexations. Mayor Cage asked about sewers for the England Drive residents. Bill Gray said years ago a study was done and at that time is would have been very expensive to run sewers to that area. Councilman Collier said it would have included grinder pumps, etc. and that it just wasn’t cost feasible. Matt Clemens added though that with this new area of development it would be possible to pick up that area without the grinder pumps, etc. and just use gravity. Councilman Vogt stated that it would have to be re-engineered. Councilman Dennis made a motion that the Council approve entering into a contract with Govero Land Services for preliminary design of the south interceptor sewer. Motion seconded by Councilman Richards. Motion was approved by the following votes: Ayes - Councilwoman Murphy, Councilmen Collier, Underwood, Vogt, Venz, Dennis, Richards and Tinnin; Nays – None. Temporary Employees Brent Abrams requested three employees be hired in the public works department to clear brush and debris from creek banks in the city this summer. The funding for this was approved in Budget Amendment No. 2. Councilman Venz made a motion to approve the hiring of three temporary employees, seconded by Councilman Underwood. Motion was approved by the following votes: Ayes - Councilwoman Murphy, Councilmen Collier, Underwood, Vogt, Venz, Dennis, Richards and Tinnin; Nays – None. Old Business None. Reports City Administrator Terry Draper - Thanked the council for their support in all that he and his staff are trying to accomplish. Mr. Draper stated that he had contact Kurt Breeze regarding the question on City T-Tax, but has not yet received a response. Mr. Draper stated that the Quad-City Planning and Zoning meeting was going to be held Thursday night, May 27, 2010. Councilman Collier – Thanked the City Administrator and staff for the hard work they have been doing and for finding extra money in the budget. Councilman Vogt – Impressed with the work Gershenson Contracting is doing, thrilled with the base on Fifth Street, now it will last longer. Stated public works is doing a great job. Councilman Dennis – Very pleased with how things are going, all the staff is doing an excellent job. His son enjoyed the field trip to city hall with his school. Councilman Tinnin – Thought Roger Fowler, of the public works department, did a great job of explaining what the department was doing. Councilman Venz – Felt all the workers were doing a great job. Mayor Cage – Stated he would like to name a street in West City Park after Charlie Earl’s whose vision it was to create this park. Mayor Cage stated at the time, it wasn’t a very popular decision to purchase this property for a park, but look how it has turned out. Other council members agreed. Councilman Richards – Stated he received a comment on West City Park on how nice it looks with the new sidewalks and now it will draw even more people for big ball tournaments. Councilman Venz – Asked if the city had money to finish the parking lot at West City Park. Bill Gray stated it was not finished because there were some issues that had to be addressed with storm water and such. Matt Clemens – Stated that he was going to put up signs in West City Park about people picking up their dogs waste, that this is becoming a problem and that Friends of the Park were going to buy the signs. Bill Gray – Presented a report which addressed planning projects, storm water projects, water projects, health projects, street projects, park projects and miscellaneous projects. City Clerk – Stated that she had been asked by the Blue Owl owners if they could place benches, that they would pay for themselves, in the walkway next to the old E&D. Clerk Patek stated she did let them know that skate boarders sometimes use that area and it is possible they could sustain some damage, Mary stated she was well aware of that. Councilman Dennis made a motion to allow the Blue Owl to put benches in the walkway under the guidance of the public works department, seconded by Councilman Richards. Motion carried unanimously. Bill Gray stated he would talk to her about what type of benches and location. Finance Director – Pat Parsons presented her sales tax report for March 2010 which stated that while through March, there is a shortfall in sales tax collections of 4.08% (or $45,190.64) as compared to the amounts budgeted for those six months. This is a lower percentage than last month, which was 5.27%. Pat’s report stated that the city is headed in the right direction. Mayor Cage – Thanked the council for working hard and being patient. Councilman Underwood made a motion to go into closed session in accordance with Missouri Statute 610.022 regarding real estate, litigation and personnel. Motion was seconded by Councilman Richards. Votes were as follows: Ayes – Councilwoman Murphy, Councilmen Underwood, Collier, Vogt, Venz, Dennis, Richards and Tinnin; Nays – None. Council came out of closed session by roll call vote, which was unanimous. Meeting then adjourned at 9:40 p.m.