NEW MELLE BOARD OF ALDERMEN PUBLIC HEARING & MEETING

FEBRUARY 26, 2009

MINUTES

PUBLIC HEARING

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

ROLL CALL- PRESENT:  ALDERWOMAN: DARLA GREEN, ALDERMAN KENNETH GILBERT AND ALDERMAN GARY SCHNEIDER AND MAYOR MUSKOPF.  ALSO PRESENT: POLICE CHIEF AARON BURKEMPER, FINANCIAL DIRECTOR RONNA ALANIZ, AND CITY CLERK JO ANN DICKHERBER.  CITY ATTORNEY STEPHANIE KARR AND ALDERMAN BICE WERE ABSENT.

OPEN PUBLIC HEARING – MAYOR JAN MUSKOPF OPENED THE PUBLIC HEARING FOR APPLICATION FOR A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4481 HIGHWAY Z SUBMITTED BY ROGER KARRENBROCK TO OPERATE A CONCRETE FLATWORK BUSINESS AND STORAGE OF THE BUSINESS EQUIPMENT

PUBLIC COMMENTS –

MR. KEN BIRK, A RESIDENT OF NICOLE PARK, STATED HE WOULD LIKE MORE INFORMATION ABOUT THIS TYPE OF BUSINESS.  MR. BIRK TOOK PICTURES OF OTHER CONCRETE FLATWORK BUSINESS AROUND THE COUNTY AND SHOWED THEM TO THE BOARD.  HE STATED THESE BUSINESSES STORE LARGE CONSTRUCTION EQUIPMENT, LARGE TRUCKS, TRAILERS AND ROAD SIGNS.  THEY ALSO HAVE ABOVE GROUND GASOLINE, ABOVE GROUND FUEL OIL OR DIESEL, HYDRAULIC FLUIDS, OTHER HAZARD-MAT MATERIALS, AND GRAVEL.  HE DOESN’T BELIEVE THIS IS THE CORRECT SPOT FOR THIS TYPE OF BUSINESS.  HE STATED IF THE BOARD WOULD APPROVE THIS AS A CONDITIONAL USE THAT THE BOARD SHOULD MAKE APPEARANCE, HAZARD MATERIALS AND TRAFFIC CONDITION LAWS FOR THE APPLICANT TO FOLLOW.  HE STATED APPEARANCE IS NOT IMPORTANT IN AN INDUSTRIAL PARK.  HE IS ALSO CONCERNED ABOUT FENCING AROUND THIS BUSINESS.  MR. BIRK HANDED OUT LETTERS TO THE BOARD.

MR. GEORGE HINKFUS, A RESIDENT OF SYCAMORE CREEK, STATED HE WAS CONCERNED ABOUT HOW THE PLACE WILL LOOK.  NEED TO ADDRESS THE ISSUE NOW.  THE APPLICANT NEEDS GUIDELINES FROM THE BOARD REGARDING FENCING, TREES, BERMS, ETC.  WHEN PEOPLE COME INTO NEW MELLE, THEY SEE THAT BEAUTIFUL HAY FIELD NOW.  ONCE THE BUSINESS IS ALLOWED TO HAPPEN, IT IS DONE.  THE BOARD NEEDS TO MAKE CONDITIONS TO HIDE UNSIGHTLY BUSINESS EQUIPMENT IN THE BEGINNING.  THIS IS NOT A COMMERCIAL AREA.

MS. LAURIE BROWN, A RESIDENT OF SYCAMORE CREEK AND A FORMER NEW MELLE P & Z BOARD MEMBER, STATED WHEN SHE WAS ON THE BOARD, P & Z DID NOT WANT THIS TO HAPPEN IN THE PAST TO OUR CITY.  SHE SEES NO BENEFITS FOR THIS TYPE OF BUSINESS IN OUR CITY.  THERE WILL BE TRAFFIC PROBLEMS, SUCH AS CONCRETE TRUCKS & TRAILERS PULLING OUT INTO A 45 SPEED ZONE.  SHE DOESN’T THINK THERE ARE BERMS HIGH ENOUGH TO COVER THIS PROPERTY.  SHE STATED THIS IS NOT THE DIRECTION FOR THE CITY; ONCE INDUSTRIAL COMPANY COMES IN MORE WILL FOLLOW AND TRY TO COME TO NEW MELLE.

MR. TIM MILLER HAD A QUESTION FOR THE BOARD - WHEN HE ORIGINALLY READ THE LETTER THAT WENT OUT, IT STATED SOMEONE ELSE OWNS THE PROPERTY AT THAT TIME; HE WANTED TO KNOW IF THAT WAS STILL TRUE.  MAYOR MUSKOPF STATED THAT MR. KARRENBROCK TOLD HER HE NOW OWNS THE PROPERTY.  MR. MILLER ASKED HOW DID THE PROPERTY GET SPLIT IN DIFFERENT ZONING.  MAYOR MUSKOPF STATED THAT WAS DONE QUITE A FEW YEARS AGO BY A PRIOR BOARD.

THERE WERE NO OTHER PUBLIC COMMENTS.

CITY ATTORNEY STEPHANIE KARR ARRIVED AT 7:14.

MAYOR MUSKOPF CLOSED THE PUBLIC HEARING.

MAYOR MUSKOPF COMMENTED TO THE PUBLIC THERE WOULD BE NO VOTE OR DECISION ON THIS CONDITIONAL USE TONIGHT BECAUSE THE APPLICANT REQUESTED TO HAVE THIS ITEM TABLED UNTIL AFTER MARCH 10, 2009.    MR. BIRK ASKED IF THE CYCLE WILL START OVER AGAIN.  THE MAYOR STATED AT THE P & Z MEETING, IT WAS DECIDED THAT OUR ENGINEERS AND THEIR ENGINEERS WAS SUPPOSE TO GET TOGETHER AND COME UP WITH A PLAN THAT WOULD MAKE EVERYONE HAPPY AND  MR. KARRENBROCK ASKED FOR ALL APPLICATION BE TABLED ON THIS TILL AFTER MARCH 10, 2009.

CLOSE PUBLIC HEARING - ALDERWOMAN DARLA GREEN MADE A MOTION TO ADJOURN THE PUBLIC HEARING MEETING. TO CLOSE THE PUBLIC HEARING & PROCEED TO THE MEETING.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION WAS APPROVED 3-0.  THE PUBLIC HEARING WAS CLOSED AT 7:20 P.M.

MEETING

CALL TO ORDER- MAYOR JAN MUSKOPF CALLED THE MEETING TO ORDER AT 7:20 P.M.

ROLL CALL- PRESENT:  ALDERWOMAN DARLA GREEN, ALDERMAN KENNETH GILBERT AND ALDERMAN GARY SCHNEIDER AND MAYOR MUSKOPF.  ALSO PRESENT: POLICE CHIEF AARON BURKEMPER, FINANCIAL DIRECTOR RONNA ALANIZ, CITY ATTORNEY STEPHANIE KARR AND CITY CLERK JO ANN DICKHERBER.  ALDERMAN BICE WAS ABSENT.

PLEDGE OF ALLEGIANCE – RECITED.

APPROVAL OF MINUTES – JANUARY 22, 2009- ALDERMAN SCHNEIDER MADE A MOTION, SECOND BY ALDERWOMAN GREEN TO APPROVE THE MINUTES.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0.

FINANCIAL REPORT – JANUARY, 2009 – REVIEWED WITH FINANCIAL DIRECTOR ALANIZ REPORTING ON THE FOLLOWING ITEMS:  TRANSFERS FROM COURT AND CITY WERE RECORDED AT END OF JANUARY BUT NOT DEPOSITED UNTIL FEBRUARY 2ND INTO CITY AND POLICE AND THIS IS REFLECTED ON THE REPORTS.

POLICE REPORT – JANUARY, 2009- POLICE CHIEF AARON BURKEMPER REPORTED THE FOLLOWING:     JANUARY WAS A BUSY MONTH FOR THE DEPARTMENT. 

ALDERWOMAN GREEN ASKED CHIEF BURKEMPER ABOUT A HIGH-SPEED CHASE THAT A CITIZEN ASKED HER ABOUT.  CHIEF BURKEMPER STATED THERE IS A LAW THAT PROVIDES FOR THAT, WHERE AN EMERGENCY VEHICLE IS CONSIDERED ONE WITH RUNNING LIGHTS AND SIRENS AND IN THAT CASE, WHERE THE OFFICER STILL NEEDS TO BE CAUTIOUS AND LOOK FOR CROSS TRAFFIC.   CITY ATTORNEY KARR STATED THE VIDEO SYSTEM IN THE POLICE CARS RECORDS WHEN THE SIRENS & LIGHTS ARE ACTIVATED AND THE SPEED OF THE PATROL CAR. CHIEF BURKEMPER SAID THE PURCHASE OF THE VIDEO SYSTEM WAS A GOOD PURCHASE TO SHOW OUR ACTIVITY AND ACTIONS.   HE STATED THERE HAS NOT BEEN ANY RECENT COMPLAINTS TURNED IN. 

THE BOARD AND CHIEF BURKEMPER DISCUSSED – WHAT A CITIZEN NEEDS TO DO IF THEY HAVE AN INCIDENT THEY WANT LOOKED INTO.  THE CITIZEN NEEDS TO FILE A COMPLAINT, INDICATING ALL THAT THEY KNOW ABOUT THE INCIDENT, SUCH AS THE OFFICER’S NAME, WHEN IT HAPPENED AND WHAT TIME OF DAY AND THEN TURN THE COMPLAINT INTO CHIEF BURKEMPER.

CHIEF BURKEMPER REPORTED THE NEW CAR IS ALMOST FULLY PATROL READY.  HE HAS ALL THE EQUIPMENT THAT NEEDS TO BE INSTALLED AND BELIEVES HE IS ON BUDGET.        

CODE ENFORCEMENT OFFICER REPORT- JANUARY, 2009- MAYOR MUSKOPF STATED THE CODE ENFORCEMENT OFFICER HAS NOT HAD WORK TO DO LATELY.

                ALDERWOMAN GREEN ASKED IF THERE WAS ANY PROGESS ON CLEANING UP AT THE SUBDIVISION’S LOTS.  MAYOR MUSKOPF STATED THERE HAS BEEN SOME.

CONSENT AGENDA -       LIQUOR LICENSES REVIEWED & APPROVED FOR IMMACULATE HEART OF MARY, LOS CABOS, NEW MELLE SPORTS & RECREATION. – FIRESIDE’S BAR & GRILL APPLICATION NEEDS TO BE NOTARIZED BEFORE MAYOR CAN SIGN IT FOR APPROVAL. 

NEW BUSINESS

BILL NO.   298 –   REVISED FLOODPLAIN MANAGEMENT, REGULATION AND DEVELOPMENT – RESCINGING ORDINANCE 285- MAYOR MUSKOPF STATED JOHN CHOINKA AND SHE MEET WITH A LADY FROM SEMA AND THE SEMA LADY HAD PROBLEMS WITH THE ORIGINAL FLOORPLAIN ORDINANCE SO ATTORNEY KARR MADE THE CORRECTIONS.

                ALDERWOMAN 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, ALDERWOMAN GREEN MADE A MOTION, SECOND BY ALDERMAN GILBERT TO ACCEPT THE FIRST READING AS SHORT FORM OF BILL #298.  A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0.

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

AFTER THE SECOND READING, ALDERWOMAN GREEN MADE A MOTION, SECOND BY ALDERMAN GILBERT TO ACCEPT THE SECOND READING AS SHORT FORM OF BILL #298.  A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION CARRIED 3-0.

ALDERWOMAN GREEN MADE A MOTION, SECOND BY ALDERMAN SCHNEIDER TO APPROVE BILL NO. 298 AND ORDINANCE NO. 288 ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0 AS FOLLOWS:  AYES- ALDERMAN GILBERT, ALDERMAN SCHNEIDER, ALDERWOMAN GREEN & NAYES - NONE.   BILL NO. 298 BECAME ORDINANCE NO. 288

BILL #299 CONDITIONAL USE PERMIT AT 4481 HWY Z – TABLED PER APPLICANT

ALDERWOMAN GREEN ASKED HOW DOES THIS WORK LEGALLY, DO WE HAVE TO RE-ADVERTISE IF HE COMES BACK WITH OTHER PLAN.  MAYOR MUSKOPF STATED THAT SINCE WE HAD THIS PUBLIC HEARING WE DO NOT HAVE TO RE-ADVERTISE IT AGAIN.   ATTORNEY KARR STATED IF THE BOARD WANTS TO THEY CAN CONTINUE THE PUBLIC HEARING AND HEAR COMMENTS AT A FUTURE MEETING.  AS LONG AS OUR CITY ORDINANCE ON CONDITIONAL USE DOES NOT HAVE A DEADLINE, THE BOARD CAN KEEP THIS TABLED OR CONSIDER IT AS LONG AS THEY WANT.  ALSO, AS LONG AS THE OWNER DOES NOT COME BACK AND SAY I’M READY TO MOVE ON THIS AND YOU HAVE ALL THE DOCUMENTS BEFORE YOU AND YOU ARE JUST HOLDING IT UP BECAUSE YOU DON’T REALLY HAVE A LEGAL BASIS TO ACT ON THIS AND YOU JUST DON’T LIKE IT.  AT THAT POINT IN TIME, YOU MUST ACT ON IT.

CONTRACT APPROVAL WITH SHARON ORLANDO FOR COURT CLERK – ATTORNEY KARR EXPLAINED THE CONTRACT AND THE BOARD REVIEWED THE CONTRACT.  ALDERWOMAN GREEN MADE A MOTION THAT THE MAYOR IS AUTHORIZED TO SIGN THE AGREEMENT WITH CONTRACT LABORER SHARON ORLANDO, SECOND BY ALDERMAN GILBERT.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0. 

CONTRACT APPROVAL WITH GREENWOOD GROUP FOR EARTH DAY PROJECT – THE BOARD REVIEWED CONTRACT AND ALDERWOMAN GREEN MADE A MOTION TO GIVE THE MAYOR RIGHT TO SIGN THE LICENSE AGREEMENT WITH THE GREENWOOD GROUP SUBJECT TO RECEIVING COPY OF INSURANCE BEFORE SIGNATURE, SECOND BY ALDERMAN SCHNEIDER.  ON A CALL BY THE MAYOR FOR THE AYES AND NAYS, THE MOTION PASSED 3-0. 

OPEN FORUM- NO COMMENTS.

PAYMENT OF BILLS – BILLS WAS REVIEWED AND CHECKS SIGNED.

CLOSED SESSION – CONFIDENTAL COMMUNICATION WITH THE CITY ATTORNEY (Sec 610.021(1), RSMo) – ALDERMAN SCHNEIDER MADE A MOTION, SECOND BY ALDERWOMAN GREEN TO MOVE INTO CLOSED SESSION, PURSUANT TO Sec 610.021 (1) TO ENGAGE IN CONFIDENTIAL COMMUNICATIONS WITH THE CITY’S ATTORNEY.  ON A ROLL CALL VOTE, THE MOTION WAS APPROVED 3-0 AS FOLLOWS:  AYES - ALDERMEN DARLA GREEN, GARY SCHNEIDER AND KENNETH GILBERT.  NAYS – NONE.

OPEN SESSION – ALDERWOMAN 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 SCHNEIDER MADE A MOTION, SECOND BY ALDERWOMAN 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 8:30 P.M.

RESPECTFULLY SUBMITTED                                       ACCEPTED

JUDITH A ANDERSON, CLERK                                       JAN MUSKOPF, MAYOR