NEW MELLE BOARD OF ALDERMEN

MEETING

JANUARY 28, 2010

 

 

CALL TO ORDER – MAYOR JAN MUSKOPF CALLED THE MEETING TO ORDER AT 7:00 P.M.

 

ROLL CALL- ALDERMEN PRESENT:  DARLA GREEN, DON HENDRICH AND GARY SCHNEIDER, AND MAYOR JAN MUSKOPF.  ALSO PRESENT: POLICE CHIEF AARON BURKEMPER, FINANCIAL DIRECTOR RONNA ALANIZ, CITY ATTORNEY STEPHANIE KARR, CITY CLERK DEEANN BURWITZ, IDA HOFFMANN – BOONE COUNTRY CONNECTION, STEVE ROLWES – BAX ENGINEERING. 

 

PLEDGE OF ALLEGIANCE – RECITED.

 

APPROVAL OF MINUTES – DECEMBER 7, 2009 & JANUARY 7, 2010 - ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE BOTH SETS OF MINUTES.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0. 

 

FINANCIAL REPORT – NOVEMBER & DECEMBER – REVIEWED WITH FINANCIAL DIRECTOR ALANIZ:  RONNA STATED THE NOVEMBER AND DECEMBER SALES TAX AMOUNTS CAME IN AS EXPECTED.  THERE WERE NO QUESTIONS FROM THE BOARD.

                           

POLICE REPORT – NOVEMBER & DECEMBER – THE BOARD REVIEWED THE POLICE DEPARTMENT STATISTICS REPORT.  CHIEF BURKEMPER REPORTED THAT DECEMBER WAS A LITTLE SLUGGISH; HOWEVER OVERALL THE FIGURES REMAIN FAIRLY CONSISTANT. 

 

ALDERMAN GREEN ASKED CHIEF BURKEMPER IF OFFICERS COULD SIT NEAR HWY Z AND FORISTELL ROAD TO WATCH FOR SPEEDERS AS IT IS GETTING MORE AND MORE DIFFICULT TO PULL ONTO HWY Z FROM FORISTELL ROAD SAFELY.  CHIEF BURKEMPER MENTIONED A COUPLE AREAS THEY COULD SIT AND ASSURED HER THAT THEY WOULD GIVE THAT AREA EXTRA ATTENTION. 

 

ALDERMAN GREEN ASKED CHIEF BURKEMPER IF HE WAS HAVING ANY DIFFICULTY COVERING HOURS WITH ONE OFFICER GONE.  CHIEF BURKEMPER STATED HE HAS THREE PART TIME EMPLOYEES THAT ARE HIGHLY QUALIFIED AND CAPABLE OF COVERING HIS NEEDS AT THIS TIME.

 

CODE ENFORCEMENT OFFICER REPORT- JANAURY – THE BOARD REVIEWED THE CODE ENFORCEMENT OFFICER’S REPORT.  ALDERMAN HENDRICH QUESTIONED THE PROPERTY STATED IN THE CODE ENFORCEMENT OFFICER’S REPORT.  MAYOR MUSKOPF STATED THAT WAS THE SHORT’S RESIDENCE AND THAT MR. SHORT HAD BEEN IN AN ACCIDENT AND HAS BEEN UNABLE TO MAKE THE REQUIRED IMPROVEMENTS.  IT WAS UNCLEAR IF THERE WAS ANYONE ELSE THEY COULD CONTACT THAT COULD HELP WITH THIS.

 

ALDERMAN HENDRICH MENTIONED THAT THE MAGNETIC SIGNS FOR THE CODE ENFORCEMENT OFFICER’S TRUCK HAD COME IN.  CITY CLERK DEEANN BURWITZ STATED MR. SCHOENHERR HAD ALREADY PICKED UP THE SIGNS.

 

MAYOR MUSKOPF ASKED IF THERE WERE ANY CONCERNS THAT THE CODE ENFORCEMENT OFFICER SHOULD LOOK INTO.  NONE REPORTED.

 

OLD BUSINESS:

PURCHASE OF POLICE CAR

MAYOR MUSKOPF STATED THAT AT THE LAST WORK SESSION IT WAS AGREED THAT THE BEST OPTION WAS TO PURCHASE A USED STATE PATROL CAR.  THE MONEY THE CITY RECEIVED FOR THE WRECKED CAR WILL BE APPLIED TO THIS PURCHASE AND ASKED FINANCIAL DIRECTOR RONNA ALANIZ TO SUGGEST WHERE THE REST OF THE FUNDS SHOULD COME FROM TO MAKE THIS PURCHASE.  RONNA STATED THE MONEY COULD COME FROM EITHER THE GENERAL FUND OR THE CAPITAL IMPROVEMENT FUND.  ALDERMAN HENDRICH MENTIONED THAT THE LAST POLICE CAR PURCHASE CAME FROM THE CAPITAL IMPROVEMENT FUND.  RONNA CONFIRMED THAT STATEMENT. 

 

CITY ATTORNEY KARR STATED THAT CAPITAL IMPROVEMENT FUNDS ARE VERY RESTRICTIVE AS TO HOW IT CAN BE USED AND WARNED AGAINST USING THE GENERAL REVENUE FUND IN CASE THE CITY HAD ANY EXPECTED OR UNEXPECTED GENERAL REVENUE SHORTFALLS COME UP DURING THE YEAR.  ATTORNEY KARR ASKED THE BOARD TO CONSIDER HOW LIKELY IS IT THAT THE CITY WOULD NEED TO USE CAPITAL IMPROVEMENT FUNDS FOR ANY OTHER PURPOSES THIS YEAR.

 

CONCENSUS WAS THAT THE CAPITAL IMPROVEMENT FUND SHOULD BE USED TO FUND THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE CAR AND THE MONEY RECEIVED FROM MOPERM. 

 

MAYOR MUSKOPF CALLED FOR A MOTION.

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN HENDRICH TO PURCHASE A 2006 STATE PATROL CAR WITH A TOTAL COST NOT TO EXCEED $11,500 INCLUDING OUTFITTING.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0.

 

NEW BUSINESS:

MAYOR MUSKOPF MOVED THE DANIEL BOONE ELEMENTARY SCHOOL AHEAD OF THE OTHER ITEMS LISTED ON THE AGENDA.

 

DANIEL BOONE ELEMENTARY SITE PLAN – STEVE ROLWES FROM BAX ENGINEERING PRESENTED SEVERAL EXHIBITS SHOWING THE PLANNED EXPANSIONS TO THE DANIEL BOONE ELEMENTARY SCHOOL AND EXPLAINED THEM IN DETAIL.

 

ALDERMAN GREEN ASKED IF THERE WOULD BE VISIBILITY PROBLEMS DUE TO LANDSCAPING AROUND THE ENTERANCES.  MR ROLWES ASSURED THE BOARD THAT LANDSCAPING WILL FOLLOW CODES THAT ALLOW FOR OPTIMAL VISIBILITY AT THE ENTRANCES.

 

ALDERMAN GREEN ASKED IF THEY COULD INCORPORATE MORE GREEN SPACE AND BE AS ENVIRONMENTALLY FRIENDLY AS POSSIBLE.  SUCH AS, COULD THEY INCORPORATE RAIN GARDENS IN THE ISLANDS LOCATED IN THE PARKING LOT INSTEAD OF JUST BEING RAISED?  MR ROLWES SAID SURE AND THAT THE USE OF RAIN GARDENS WITH NATURAL VEGITATION INSIDE THAT FILTERS THE WATER OUT IS VERY POPULAR AND HAS BEEN USED IN SURROUNDING SCHOOL DISTRICTS AS WELL.

 

MAYOR MUSKOPF STATED GEORGE BUTLER ASSOCIATES AND THE PLANNING AND ZONING BOARD HAS APPROVED THE SITE PLANS AND IS REQUESTING OUR APPROVAL AS WELL.

 

ALDERMAN HENDRICH MADE A MOTION, SECOND BY ALDERMAN GREEN TO APPROVE THE DANIEL BOONE ELEMENTARY SITE PLAN AND ALLOW THIS EXPANSION TO MOVE FORWARD.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0.

 

SET POLICY FOR VACATION PAY – SOME DISCUSSION TOOK PLACE. HOWEVER, CONCENSUS WAS TO MOVE THIS ITEM TO THE NEXT WORK SESSION.

 

BILL NO. 308 AMENDING SUBSECTION “C” OF TRAFFIC CODE 380.160 – SEAT BELTS – MAYOR MUSKOPF ASKED ATTORNEY KARR TO DISCUSS WORDING OF THIS BILL.

 

ATTORNEY KARR STATED THIS BILL WOULD ALLOW A POLICE OFFICER TO PULL SOMEONE OVER FOR FAILURE TO WEAR THEIR SEAT BELT WITH NO OTHER CAUSE NEEDED.  ATTORNEY KARR STATED OPTIONAL LANGUAGE HAS BEEN ADDED TO THE BILL TO ALLOW FOR A THIRTY (30) DAY WARNING PERIOD AND EXPLAINED ALL OTHER CITIES THAT HAVE INACTED A SIMILAR BILL HAVE OPTED TO HAVE A THIRTY DAY WARNING PERIOD WHERE OFFICERS CAN ONLY ISSUE A WARNING DURING THE 1ST THIRTY DAYS OF THE ORDINANCE BEING IN EFFECT.  THERE IS A $10 MAXIMUM FINE, WITH NO COURT COSTS ADDED, FOR NOT WEARING YOUR SEAT BELT.  THIS FEE IS SET BY THE STATE OF MISSOURI AND MUNICIPALITIES CANNOT IMPOSE A HIGHER FINE. 

 

ALDERMAN GREEN ASKED IF THERE ARE MULTIPLE PEOPLE IN THE CAR NOT WEARING SEAT BELTS, WOULD IT BE $10 FOR EACH OFFENDER.  CHIEF BURKEMPER STATED GENERALLY YOU ARE TICKETING THE DRIVER AND NOT THE PASSENGERS.  ATTORNEY KARR ADDED THAT CHILD RESTRAINT LAWS ARE APPLIED SEPERATELY AND COULD BE $25 OR HIGHER.

 

CONSENSUS IS TO IMPOSE THE THIRTY DAY WARNING PERIOD INCLUDED IN THIS BILL.

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN HENDRICH TO HAVE THE FIRST READING, SHORT FORM. ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0.

 

AFTER THE FIRST READING, ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION WAS APPROVED 3-0. 

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO HAVE THE SECOND READING, SHORT FORM.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0. 

 

AFTER THE SECOND READING, ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0. 

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE BILL NO. 308 AS AN ORDINANCE.  ON A ROLL CALL VOTE, THE MOTION PASSED 3-0 AS FOLLOWS: 

ALDERMAN DARLA GREEN – AYE

ALDERMAN DON HENDRICH – AYE

ALDERMAN GARY SCHNEIDER – AYE

 

BILL NO. 308 IS NOW ORDINANCE NO. 298.

 

BILL NO. 307 MUNICIPAL ELECTION ON APRIL 6, 2010 –

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO HAVE THE FIRST READING, SHORT FORM. ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0.

 

AFTER THE FIRST READING, ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION WAS APPROVED 3-0. 

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO HAVE THE SECOND READING, SHORT FORM.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0. 

 

AFTER THE SECOND READING, ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0. 

 

ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE BILL NO. 307 AS AN ORDINANCE.  ON A ROLL CALL VOTE, THE MOTION PASSED 3-0 AS FOLLOWS: 

ALDERMAN DARLA GREEN – AYE

ALDERMAN DON HENDRICH – AYE

ALDERMAN GARY SCHNEIDER – AYE

 

BILL NO. 307 IS NOW ORDINANCE NO. 297.

 

ATTORYNEY KARR STATED WE ONLY NEED AN ORDINANCE IF THE CITY WANTED TO ADD A PROPOSITION SUCH AS SALES TAX TO THE BALLOT BECAUSE STATE LAW ALREADY DICTATES WHEN MUNICIPAL ELECTIONS WILL BE HELD.  CITY CLERK BURWITZ MENTIONED THAT THE ST. CHARLES COUNTY ELECTION AUTHORITY REQUIRED A RESOLUTION, ORDINANCE OR AT LEAST DETAILED MINUTES FROM THE BOARD APPROVING THE ELECTION.

 

OPEN FORUM – MAYOR MUSKOPF STATED GBA AND THE PLANNING & ZONING COMMISSION HAVE REQUESTED THE BOARD OF ALDERMAN TO TAKE ACTION WITH DIVE STOP AS THEY HAVE NOT FOLLOWED THRU WITH SITE PLANS AND OTHER REQUIREMENTS IN A TIMELY MANNER. DAVID CRUZ OF DIVE STOP HAS BEEN TOLD MANY TIMES WHAT INFORMATION IS REQUIRED OF HIM AND HAS FAILED TO COMPLY.  CITY CLERK BURWITZ MENTIONED THE CITY RECEIVED AN EMAIL FROM DAVID CRUZ ON DECEMBER 30, 2009 REQUESTING AN EXTENSION OF TIME AND ASKED THAT DIVE STOP BE PLACED ON THE FIRST P&Z MEETING IN FEBRUARY 2010.  CITY ATTORNEY KARR ASKED HOW MUCH TIME GBA WOULD NEED THE SITE PLANS IN ADVANCE OF THE P&Z MEETING IN ORDER TO BE PREPARED WITH THEIR RECOMMENDATION.  MAYOR MUSKOPF STATED GBA SHOULD HAVE THE NECESSARY INFORMATION TURNED IN TO THEM AT LEAST ONE WEEK PRIOR TO THE P&Z MEETING AND REQUESTED THAT STEPHANIE INCORPORATE THAT DEADLINE IN HER LETTER TO DIVE STOP.

 

REVIEW AND APPROVAL OF BILLS – THE BILLS PAID SINCE THE LAST BOARD OF ALDERMAN MEETING WERE REVIEWED BY THE BOARD. 

 

ALDERMAN HENDRICH INQUIRED IF PAYMENT OF $550 COULD BE MADE TO THE CHAMBER OF COMMERCE FOR CHRISTMAS DECORATION STORAGE AND BULBS AS IT WAS APPROVED BY THE BOARD OF ALDERMAN IN DECEMBER.  CITY CLERK BURWITZ STATED SHE HAD SPOKEN WITH A MEMBER OF THE CHAMBER OF COMMERCE AND ASKED THEM TO SEND A REQUEST FOR THE FUNDS SO SHE WOULD HAVE DOCUMENTATION SUPPORTING THE PAYMENT. 

 

ALDERMAN GREEN MENTIONED THE PHONE BILL HAS GONE UP.  ALDERMAN HENDRICH REPLIED THE INCREASE IS PRIMARILY DUE TO THE CHANGES MADE TO THE PHONE SYSTEM.  MAYOR MUSKOPF ASKED THE CITY CLERK IF SHE HAD NOTICED A CHANGE IN THE AMOUNT OF CALLS COMING INTO THE CITY HALL.  CITY CLERK BURWITZ STATED THERE ARE SIGNIFICANTLY FEWER INCOMING CALLS.  HOWEVER, THERE ARE STILL SOME PEOPLE WHO INSIST UPON SPEAKING WITH A PERSON RATHER THAN LEAVING A MESSAGE FOR THE COURT CLERK.  CITY ATTORNEY KARR STATED SHE IS RECEIVING MORE CALLS DUE TO THE MESSAGE ON THE COURT LINE. 

 

ALDERMAN HENDRICH MADE A MOTION, SECOND BY ALDERMAN GREEN TO ACCEPT THE BILLS PAID.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYES, THE MOTION WAS APPROVED 3-0.

 

CLOSED SESSION – PERSONNEL – HIRING, FIRING, DISCIPLINING OR PROMOTING EMPLOYEES (Sec 610.021(3), RSMo) –  ALDERMAN GREEN MADE A MOTION,  SECOND BY ALDERMAN HENDRICH TO MOVE INTO CLOSED SESSION, PURSUANT TO Sec 610.021(3) TO DISCUSS PERSONNEL.

 

ON A ROLL CALL VOTE, THE MOTION PASSED 3-0 AS FOLLOWS: 

ALDERMAN DARLA GREEN – AYE

ALDERMAN DON HENDRICH – AYE

ALDERMAN GARY SCHNEIDER – AYE

 

OPEN SESSION – ALDERMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO MOVE INTO OPEN SESSION.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS THE MOTION PASSED 3-0.

 

ADJOURNMENT – ALDERMAN HENDRICH MADE A MOTION, SECOND BY ALDERMAN GREEN TO ADJOURN.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION WAS APPROVED 3-0.   THE MEETING WAS ADJOURNED AT 8:10 P.M.

 

RESPECTFULLY SUBMITTED,                                     ACCEPTED,

 

 

 

DEEANN BURWITZ, CITY CLERK                                JAN MUSKOPF, MAYOR