JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI.

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1 June 3, 2014 JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI. The Board of Aldermen of the City of Perryville, Perry County, Missouri, met at City Hall in said City on the above date in regular session pursuant to adjournment. Present: Ken Baer, Mayor; Curt Buerck, Tom Guth, Douglas K. Martin, Larry Riney, and Gary J. Schumer, Aldermen; Brent Buerck, City Administrator; Tracy Prost, City Clerk; and Thomas Ludwig, City Attorney. Absent: Prince Hudson, Alderman. Alderman Martin opens the meeting with the Pledge of Allegiance to the Flag and the invocation. Mayor Baer now opens the meeting for c iparticipation t from i the zfloor. There e beingn no one s coming forth, Mayor Baer closes this portion of the meeting. At this time, Mayor Baer presents a Certificate of Appreciation to former Mayor Deborah M. Gahan, thanking her for her dedicated service to the City of Perryville from 2008 to Former Mayor Gahan thanks Mayor Baer, the Board of Aldermen, and City staff. Mayor Baer now opens a public hearing regarding a request by Christopher M. and Jaimy L. Brown for a special use permit to place a child daycare center on the undeveloped lot at the corner of Delaney and Smith Street. City Administrator Buerck informs the Board that Christopher M. and Jaimy L. Brown are requesting a special use permit in order to open a child daycare facility with offices on the second floor on the undeveloped lot at the corner of Delaney and Smith Street (Lot No. 1 of Klaus Minor Subdivision). The property is currently zoned I-1 (Light Industrial District), which permits the operation of a child daycare facility with a special use permit. The Browns propose to build a 20-child facility. Mr. Christopher Brown steps forth and states that his wife currently has an existing daycare and would like to move it to this location. There being no one else coming forth, Mayor Baer closes the public hearing regarding a request by Christopher M. and Jaimy L. Brown for a special use permit to place a child daycare center on the undeveloped lot at the corner of Delaney and Smith Street. CONSENT AGENDA ITEMS 5. Approve minutes from meeting on May 20, Approve bills for May, At this time Alderman Riney, Chairman of the Finance Committee, presents the following bills and invoices for the month of May, 2014, vendor checks numbered: and , and 4 ACH transfers; payroll checks numbered: The following bills are presented to be paid for the month of May, Board finds that $283, is chargeable to and payable out of the General Revenue Account; $70, isout of Transportation Trust; $186, is out of Perry Park Center; $22, is out of TIF #1; $ is out of TIF #2; $ is out of Street Improvement; $26, is out of Debt Service; $28, is out of Capital Improvement Sales Tax; $44, is out of Refuse; $219, is out of CWSS; and $349, is out of Gas Operation. The Board, upon investigation, found the sum to be $1,232, Authorize City Treasurer Strattman to transfer funds from Perry Park Center Escrow Account (208) to General Fund (101) and to close the Perry Park Center Escrow Account.

2 8. Approve Collector s Report for May, 2014; Supplement No. 8 for 2013; Supplement No. 20 for 2012; Supplement No. 28 for 2011; and Supplement No. 26 for The Collector's Report for the period of May , through May 31, 2014, shows $95, due the City to be credited to several funds of the City as follows: General Revenue Account $94,773.92; Special Revenue (Park) Account $479.37; and Debt Service Account (CWSS) $ Treasurer s receipt of the amount is filed SUPPLEMENT # SUPPLEMENT #20 Charges Charges Personal Property $ Personal Property $ TOTAL $ TOTAL $ SUPPLEMENT # SUPPLEMENT #26 Charges Charges Personal Property $ Personal Property $ TOTAL $ TOTAL $ Approve annual liquor license applications for July 1, 2014, through June 30, Approve principal and interest payment to First Bank of Missouri re Certificate of Participation Series 2012A - $293, Approve principal and interest payment to UMB Bank, NA re 2012B Natural Gas System Revenue Bonds - $320, Approve Invoice from Crawford, Murphy & Tilly relative to Water System Master Planning - $15, Approve Pay Estimate #2 to Clifton Excavating, LLC for the Perryville Industrial Park Road Improvements Project - $116, Approve update to Part-Time Pay Plan. 15. Acknowledge and approve issuance of Industrial User Permit by Administrator Buerck. 16. Accept bids received for three-quarter ton truck and award to Bening Ford of Perryville, Missouri, per the recommendation of Public Works Director Brown - $21, Name of Bidder Bening Ford Dave Sinclair Ford Coad Chevrolet Address 909 S. Perryville Blvd S. Lindbergh Blvd. 517 S. Kingshighway Perryville, MO St. Louis, MO Cape Girardeau, MO Bid Price $21, $22, $27, Name of Bidder Don Brown Chevrolet Keller Motors, Inc. Address 2244 S. Kingshighway 1795 S. Perryville Blvd. St. Louis, MO Perryville, MO Bid Price $33, No bid 17. Accept bids received for one-half ton truck and award to Dave Sinclair Ford of St. Louis, Missouri, per the recommendation of Public Works Director Brown - $20,

3 Name of Bidder Dave Sinclair Ford Bening Ford Keller Motors, Inc. Address 7466 S. Lindbergh Blvd. 909 S. Perryville Blvd S. Perryville Blvd. St. Louis, MO Perryville, MO Perryville, MO Bid Price Total $20, $21, $24, Name of Bidder Coad Chevrolet Don Brown Chevrolet Address 517 S. Kingshighway 2244 S. Kingshighway Cape Girardeau, MO St. Louis, MO Bid Price Total $26, $31, Set public hearing date for a special use permit request by Tracy L. Watkins for a child daycare center to be located at 515 West St. Joseph Street July 1, 2014, at 6:30 p.m. 19. Memorandum of Understanding regarding Fire Response and Release Procedures for Employees of Public Works. 20. Approve specifications for Tank Repair and Painting Tank 1 Interior, Tank 5, and Miscellaneous Repairs and authorize City Clerk to advertise for bids. 21. Approve recommendation by Asst. Chief Jones regarding no parking restriction on Grand Avenue at its intersection with Old St. Mary s Road and authorize City staff to prepare an ordinance. 22. Approve recommendation by Parks & Recreation Director Tanz relative to concession sales by Kona Ice in the city park. 23. Approve recommendation by Parks & Recreation Director Tanz regarding use of Coast Guard approved floatation devices in the city pool. 24. Approve request from Parks & Recreation Director Tanz to purchase grant-approved picnic tables and benches from Champlin Tire Recycling, Inc. END OF CONSENT AGENDA Mayor Baer asks if anyone wishes to remove anything from the Consent Agenda. Alderman Riney presents motion to approve the Consent Agenda. Alderman Guth seconds the motion, and on vote the motion carries. After discussion and review, Alderman Riney makes a motion to approve the request by Christopher M. and Jaimy L. Brown for a special use permit to place a child daycare center on the undeveloped lot at the corner of Delaney and Smith Street. Alderman Buerck seconds the motion, and on vote the motion carries. The Board of Aldermen review a recommendation from the Police Department regarding the possibility of a street light on a portion of the Giesler Way alley. City Administrator Buerck notes that although the area in question is dark, the Police Department stops short of making a recommendation for a city-owned light. Instead, staff believes this to be a matter of policy best left to the Board of Aldermen as this is a low traffic area serving primarily the rear yard areas of several properties. He also advises that the City maintains a considerable number of alleys and this decision may set a precedent the Board will be asked to repeat several times over. Options for the Board to consider range from adding the requested street light to asking the Police Department to increase their patrol of the area.

4 After discussion and review, Alderman Buerck makes a motion to request the Police Department begin more vigorous patrols of the Giesler Way alley. Alderman Martin seconds the motion, and on vote the motion carries. The Board of Aldermen now review the proposed Food Service Facility Grease Control Manual. City Administrator Buerck informs the Board that grease has led to increased maintenance and repair costs for the C publicisewer system. t City Ordinance y and s the C adopted i building t y codes already require t although g we have r rnot always done a e a good job enforcing a p those s s standards. Public Works Director Mark Brown and Building Inspector Angie Fields have done a great job of creating a manual to help bring food service facilities into compliance. Some facilities may be required to add a t to their g existing systemr r and all will need eto properly a maintain a their equipmentp sbut the endresult e will be a more efficient, more affordable sewer system as grease affects everything from our lines, to our lift stations, to our sewer plant operations. Public Works Director Brown informs the Board that a meeting has been scheduled for June 30, 2014, at 3:00 pm. for business owners and plumbers to meet with City staff. He states that the primary goalof the manual is to educate rather than punish or enforce at this time. Staff plans to work with the businesses to help them come into compliance with the ordinance. After further discussion and review, Alderman Buerck makes a motion to approve the Food Service Facility Grease Control Manual. Alderman Martin seconds the motion, and on vote the motion carries. SECOND READINGS AND FINAL PASSAGE: Now, at this time, the Board proceeds to approve Bill No. 5294, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY AND MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION RELATIVE TO NOISE ENFORCEMENT SIGNAGE INSTALLATION; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Riney. Thereupon on motion by Alderman Buerck, seconded by Alderman Riney, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, absent; Douglas K. Martin, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none; absent, one. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY AND MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION RELATIVE TO NOISE ENFORCEMENT SIGNAGE INSTALLATION; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a Agreement, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS:

5 1. That the Mayor and Board of Aldermen of the City of Perryville approve the Agreement marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enter into said Agreement. 2. That the Mayor be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached Agreement. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: May 20, SECOND READING: June 3, 2014 PASSED AND APPROVED this 3 rd day of June, 2014, by a vote 5 ayes, 0 nays, 0 abstentions, and 1 absent. CITY OF PERRYVILLE, MISSOURI By: Ken Baer, Mayor ATTEST: Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 5295, AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.20, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, AND SPECIFICALLY THE "PROHIBITED PARKING SCHEDULE" ADOPTED THEREIN AND ESTABLISHED BY ORDINANCE NO RELATING TO ADDITIONAL PARKING RESTRICTIONS IN THE CITY OF PERRYVILLE, MISSOURI; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Bill No is read a second time on motion by Alderman Martin, seconded by Alderman Buerck. Thereupon on motion by Alderman Martin, seconded by Alderman Buerck, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, absent; Douglas K. Martin, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none; absent, one. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.20, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, AND SPECIFICALLY THE "PROHIBITED PARKING SCHEDULE" ADOPTED THEREIN AND ESTABLISHED BY ORDINANCE NO RELATING TO ADDITIONAL PARKING RESTRICTIONS IN THE CITY OF PERRYVILLE, MISSOURI; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS:

6 Section 1. That the "Prohibited Parking Schedule" adopted under the authority of the Code of Ordinances of the City of Perryville, Missouri, and specifically set forth in Ordinance Number 3618, is hereby amended by adding thereto the following prohibited parking designations: (jjjj) (kkkk) (llll) On the north side of Ganahl Street from its intersection with South Jackson Street east for a distance of 95 feet from said intersection. On the north side of Ganahl Street from its intersection with South Jackson Street west for a distance of 73 feet from said intersection. On the north and south sides of Ganahl Street from its intersection with South Main Street west for a distance of 44 feet from said intersection on both sides of the street. Section 2. It is the intent of the Mayor and Board of Aldermen of the City of Perryville, Missouri, that this ordinance shall amend and become part of Ordinance Number 3618 passed and approved by the Mayor and Board of Aldermen of the City of Perryville, Missouri, on the 21st day of April, Section 3. That the City Administrator shall cause the marking or signage of the areas designated. Section 4. That this ordinance shall not be codified in the Code of Ordinances of the City of Perryville, Missouri, but kept on file in the office of the City Clerk. Section 5. approval. That this ordinance shall take effect and be in force from and after its passage and FIRST READING: May 20, SECOND READING: June 3, PASSED AND APPROVED this 3rd day of June, 2014, by a vote of 5 ayes, 0 nays, 0 abstentions and 1 absent. CITY OF PERRYVILLE, MISSOURI By: Ken Baer, Mayor ATTEST: Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 5296, AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.20, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, AND SPECIFICALLY THE "PROHIBITED PARKING SCHEDULE" ADOPTED THEREIN AND ESTABLISHED BY ORDINANCE NO RELATING TO ADDITIONAL PARKING RESTRICTIONS IN THE CITY OF PERRYVILLE, MISSOURI; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Martin. Thereupon on motion by Alderman Buerck, seconded by Alderman Guth, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, absent; Douglas K. Martin, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none; absent, one. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.20, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, AND SPECIFICALLY THE "PROHIBITED PARKING SCHEDULE" ADOPTED THEREIN AND ESTABLISHED BY ORDINANCE NO RELATING TO ADDITIONAL PARKING RESTRICTIONS IN THE CITY OF PERRYVILLE, MISSOURI; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

7 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: Section 1. That the "Prohibited Parking Schedule" adopted under the authority of the Code of Ordinances of the City of Perryville, Missouri, and specifically set forth in Ordinance Number 3618, is hereby amended by adding thereto the following prohibited parking designations: (mmmm) On the east side of Magnolia Street beginning 58 feet from its intersection with West North Street north for a distance of 30 feet from said beginning point and ending at the south edge of the existing garage driveway and also on the east side of Magnolia Street beginning feet from its intersection with West North Street which is the north edge of the existing garage driveway north for a distance of 30 feet from said beginning point. Section 2. It is the intent of the Mayor and Board of Aldermen of the City of Perryville, Missouri, that this ordinance shall amend and become part of Ordinance Number 3618 passed and approved by the Mayor and Board of Aldermen of the City of Perryville, Missouri, on the 21st day of April, Section 3. That the City Administrator shall cause the marking or signage of the areas designated. Section 4. That this ordinance shall not be codified in the Code of Ordinances of the City of Perryville, Missouri, but kept on file in the office of the City Clerk. Section 5. approval. That this ordinance shall take effect and be in force from and after its passage and FIRST READING: May 20, SECOND READING: June 3, PASSED AND APPROVED this 3 rd day of June, 2014, by a vote of 5 ayes, 0 nays, 0 abstentions and 1 absent. CITY OF PERRYVILLE, MISSOURI By: Ken Baer, Mayor ATTEST: Tracy Prost, City Clerk FIRST READINGS: Alderman Riney presents motion, seconded by Alderman Guth, and on vote carried Bill No. 5297, approving a request by Christopher M. and Jaimy L. Brown for a special use permit to place a child daycare center on the undeveloped lot at the corner of Delaney and Smith Street, is read for the first time by title only. The heading is as follows: AN ORDINANCE APPROVING THE PROPOSED REZONING FOR A SPECIAL USE PERMIT FOR CERTAIN PROPERTY IN THE CITY OF PERRYVILLE, MISSOURI, DESCRIBED IN EXHIBIT A; SETTING FORTH THE AREA FOR SPECIAL USE AND THE CONDITIONS OF SPECIAL USE; ALL IN ACCORDANCE WITH THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI. Alderman Schumer, as Chairman of the Economic Development Committee, informs the Boardof Aldermen that the EDA Director has been busy with summer plans, such as the Vietnam Wall that Heals, Bikers on the Square, and the Clydesdales. City Administrator Buerck updates the Mayor and Board of Aldermen on the following topics:

8 (a) E-Cycle Fair Scheduled for June 7 - This is a free event for the community to safely dispose of old electronic equipment. It will run from 8-12 this Saturday at Roziers. Although the first TV is free, there is a $15 fee for each additional TV. In addition, hard drive destruction costs $5. (b) City Employee Directory - As council requested, the 2014 employee directory is complete and shared here for Council s review. (c) MML Action Alert - This matter was shared with MML members last week. MML has concerns of lost revenues for their member cities. It should be noted, these bills passed the house and senate with broad, bipartisan support. For Example: 1) SB (yea) 0 (nay) 1 (absent) 2) SB ) SB ) SB Unless directed otherwise, our intention is to simply monitor this matter. (d) Schedule for Proposed Gas Line extension - This is planned to be an FY project. These are significant projects and will require significant work. We are working on them but wanted to stop short of promising something we couldn t deliver by having them done before fall. People are contracting for propane right now so we wanted to provide a timeframe to possible customers. (e) Standard & Poor s Credit Rating Review We have been upgraded two steps. This is due to, among other things, strong budgetary performance and flexibility, strong liquidity, strong management, and a strong debt profile We are proud to see it upgraded two steps so soon after an initial rating. Wewill be reassessed in two years and those ratings will be based on our current status in those areas. Of note, it was observed that our economy is considered weak because of our reliance on manufacturing. (f) Mosquito Spraying - This will begin next week, June 9. The spray used is not considered dangerous but we want to alert the board to our starting the activity. City Engineer Baer informs the Board of Aldermen on the following: (a) Industrial Park Road Improvement (TG Way) Progress is being made on this project. (b) Sports Court This project is underway. (c) Sewer Video Baer Engineering is assisting in reviewing sewer videos to determine which lines are in most need of being included in the upcoming sewer line project. (d) City Parking Lot Design is underway on this project. (e) Gas Line Project Will need to begin easement acquisition on this project. City Attorney Ludwig informs the Board of Aldermen that recently members of the Board have heard complaints from citizens regarding a decision made in municipal court. He advises the Board that they should always defer to decisions of the elected judge, noting that the Municipal Judge works independently of the Board of Aldermen and that the prosecutors argue on their behalf to enforce the laws of the City of Perryville. Alderman Riney notes that he had been contacted by someone reporting people playing hockey on the tennis courts. He noted that he did not notice anything in this matter at the court and asks if City staff had been aware of this complaint. Parks & Recreation Director Tanz comments that its possible some people may have played soccer on the court, but he was unaware of anyone playing hockey on the court.

9 Alderman Guth informs the Board that he has received complaints about people speeding on Smith Street and asks if the Police Department could set up additional patrols on the street. Alderman Martin asks staff if they have reviewed his question regarding part-time employees being given permission to use the Perry Park Center. It suggests that they not be given membership, but be allowed to walk the track preceding or following their shift. City Administrator Buerck states that he will have a recommendation for the Board at the next meeting. Alderman Martin informs the Board that Parks Maintenance Manager Keith Riney told him that he needed another full-time worker. Now, at this time, upon motion by Alderman Riney, seconded by Alderman Guth, it is ordered that the Board now convene into closed session to discuss contractual matters in accordance with Section (9) RSMo; real estate matters in accordance with Section (2) RSMo; and personnel matters in accordance with Section (3) RSMo. Roll call showed the aye and nay votes as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, absent; Douglas K. Martin, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none ; absent, one. Following discussion and review, it is upon motion by Alderman Buerck, seconded by Alderman Guth, that the Board now reconvenes into regular session for any business that might come forth. Roll call showed the aye and nay votes as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, absent; Douglas K. Martin, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none; absent, one. At this time, Alderman Buerck makes a motion to offer the position of Wastewater/Water Superintendent to Mr. Charles McLeod at a starting salary of $ Alderman Martin seconds the motion, and on vote the motion carries. There being no further business, it is upon motion by Alderman Buerck, seconded by Alderman Riney, and on vote carried, ordered that the Board now adjourn until Tuesday, June 17, 2014, at 6:30 p.m., the regular meeting in course. ATTEST: MAYOR CITY CLERK