CITY OF WILDWOOD SEPTEMBER 11, 2017 RECORD OF PROCEEDINGS

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1 CITY OF WILDWOOD SEPTEMBER 11, 2017 RECORD OF PROCEEDINGS CITY OF WILDWOOD MEETING OF CITY COUNCIL WILDWOOD CITY HALL MAIN STREET WILDWOOD, MO The meeting was called to order at 7:15 P.M. A roll call was taken, with the following results: Present at Roll Call: Mayor Jim Bowlin Council Member Glen DeHart Council Member Don Bartoni Council Member Jim Baugus Council Member Ray Manton Council Member Tammy Shea Council Member Katie Dodwell Council Member Marc Cox Council Member Debra Smith McCutchen Council Member Jerry Porter Council Member Jeff Levitt Council Member Greg Alexander Council Member Larry Goodson Absent: Also present: Council Member Dave Bertolino Council Member Larry McGowen Council Member Greg Stine Council Member Joe Garritano Mr. Ryan Thomas, City Administrator Mr. John Young, City Attorney Mr. Julian M.D. Jacquin, Economic Development Manager Ms. Amanda Foster, City Clerk Page 1

2 PLEDGE OF ALLEGIANCE Mayor Bowlin led the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the August 28, 2017 City Council meeting were submitted for approval. A motion was made by Council Member Manton, seconded by Council Member Goodson, to approve the minutes. A voice vote was taken with an affirmative result and the motion was declared passed. Council Member Baugus abstained. MAYOR APPOINTMENTS AND ANNOUNCEMENTS In Memoriam Anthony P. Tony Tocco Mayor Bowlin recognized and honored Mr. Anthony P. Tony Tocco for his service to the City of Wildwood. Reappointment of Kurt Hensic (Ward One) Architectural Review Board Three Year Term A motion was made by Council Member Baugus, seconded by Council Member Manton, to approve the reappointment of Kurt Hensic to the Architectural Review Board for a three year term. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Public Participation and Hearing Procedures Mayor Bowlin reviewed the guidelines for Public Participation and Public Hearing Procedures. PUBLIC PARTICIPATION Bill Kennedy, 48 Rockwood Forest, compared the language in the City of Wildwood Code of Ethics to the language proposed in Bill #2299. Karen Sheeley, 2357 Gross Point, spoke in regards to language written in Bill #2299 that was not recommended by the Charter Review Commission. Ms. Sheeley stated Bill #2299 needed clarification. Kelley Woerther, 539 Nantucket Pointe, stated the City of Wildwood is not broken. Ms. Woerther spoke in regards to discussions held with municipal officials regarding volunteers and focusing on businesses and residents. Joshua Carter, 1115 Claycrest 63304, stated he is a cyclist and is in support of the proposed velodrome. Mr. Carter stated he was available for questions. Roger Pierson, Birch Forest Drive, stated he was a member of the Charter Review Commission and spoke in regards to Bill #2299. He stated items listed under Section 2.B should be equal. Jean Vedvig, Clayton Road, stated Bill #2299 has conflicting language and should the same language as the City Charter. PUBLIC HEARINGS None UNFINISHED BUSINESS (Postponed at August 28, 2017 City Council Meeting) BILL #2292 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, AMENDING TRAFFIC SCHEDULE XII, ADOPTED BY SECTION OF THE CODE OF ORDINANCES OF THE CITY OF WILDWOOD, BY ESTABLISHING A NEW REGULATION Page 2

3 OF THE KINDS AND CLASSES OF TRAFFIC PERMITTED ON FOX CREEK ROAD. Recommended by the Board of Public Safety (Second Reading) (Ward Six) Direct Budgetary Impact: $1,000 A motion was made by Council Member Levitt, seconded by Council Member Dodwell, for the second reading of Bill #2292. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill #2292 was read for the second time by title only. A motion was made by Council Member Alexander, seconded by Council Member DeHart, to postpone Bill #2292 for thirty (30) days. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. BILL #2293 AN ORDINANCE REVISING THE BUDGET FOR THE CITY OF WILDWOOD, MISSOURI, FOR THE FISCAL YEAR COMMENCING ON JANUARY 1, 2017 AND ENDING ON DECEMBER 31, Recommended by the City Administrator (Second Reading) (Wards All) Direct Budgetary Impact: Overall annual revenue increase of $207,404, and overall annual expenditure decrease of $374,706 A motion was made by Council Member Baugus, seconded by Council Member Goodson, for the second reading of Bill #2293. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill #2293 was read for the second time by title only. A roll call vote was taken for approval of Bill #2293 with the following results: Ayes DeHart, Bartoni, Manton, Baugus, Shea, Dodwell, Cox, McCutchen, Porter, Alexander, Levitt, Goodson Nays None Absent Stine, Garritano, Bertolino, McGowen Abstain None Whereupon Mayor Bowlin declared Bill #2293 approved and it became ORDINANCE #2293. BILL #2294 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, AMENDING CHAPTER 390 TRAFFIC SCHEDULES BY ADDING AN ALL-WAY STOP REGULATION AT THE INTERSECTION OF CROWN POINTE ESTATES DRIVE AND CROWN POINTE ESTATES COURT Recommended by the Board of Public Safety (Second Reading) (Ward Eight) Direct Budgetary Impact: $500 A motion was made by Council Member Goodson, seconded by Council Member Baugus, for the second reading of Bill #2294. A voice vote was taken with an affirmative result and the motion was declared passed. Bill #2294 was read for the second time by title only. A roll call vote was taken for approval of Bill #2294 with the following results: Ayes DeHart, Bartoni, Manton, Baugus, Shea, Dodwell, Cox, McCutchen, Porter, Alexander, Levitt, Goodson Nays None Absent Stine, Garritano, Bertolino, McGowen Abstain None Whereupon Mayor Bowlin declared Bill #2294 approved and it became ORDINANCE #2294. (Postponed at August 28, 2017 City Council Meeting) BILL #2295 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, AMENDING CHAPTER 390, TRAFFIC SCHEDULE XII, OF THE MUNICIPAL CODE OF THE CITY OF WILDWOOD, BY ADDING A REGULATION OF THE KINDS AND CLASSES OF TRAFFIC PERMITTED ON CENTAUR ROAD. Recommended by the Board of Public Safety (Second Reading) (Ward One) Direct Budgetary Impact: $500 Page 3

4 A motion was made by Council Member Manton, seconded by Council Member Porter, to postpone Bill #2295 for thirty (30 days). A voice vote was taken with a unanimous affirmative result and the motion was declared passed. BILL #2296 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WILDWOOD, MISSOURI TO EXECUTE A CONTRACT ON BEHALF OF THE CITY OF WILDWOOD WITH COCHRAN ENGINEERING, INC. FOR THE PRELIMINARY DESIGN OF IMPROVEMENTS TO EATHERTON ROAD BETWEEN CAMBURY LANE TO MANCHESTER ROAD WITHIN THE CITY OF WILDWOOD. Recommended by the Administration/Public Works Committee (Second Reading) (Ward Eight) Direct Budgetary Impact: $124,950 A motion was made by Council Member Goodson, seconded by Council Member Dodwell, for the second reading of Bill #2296. A voice vote was taken with an affirmative result and the motion was declared passed. Bill #2296 was read for the second time by title only. A roll call vote was taken for approval of Bill #2296 with the following results: Ayes DeHart, Bartoni, Manton, Baugus, Shea, Dodwell, Cox, McCutchen, Porter, Alexander, Levitt, Goodson Nays None Absent Stine, Garritano, Bertolino, McGowen Abstain None Whereupon Mayor Bowlin declared Bill #2296 approved and it became ORDINANCE #2296. NEW BUSINESS BILL #2298 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON APRIL 3, 2018, PROPOSED AMENDMENTS TO VARIOUS PROVISIONS OF THE CHARTER OF THE CITY OF WILDWOOD, MISSOURI, AS THEY RELATE TO TERM LIMITS FOR ELECTED OFFICIALS AND MEMBERS OF BOARDS AND COMMISSIONS OF THE CITY, PROCEDURES AND REGULATIONS FOR MAYORAL APPOINTMENTS, AND LIMITATIONS ON CERTAIN CAPITAL EXPENDITURES WITHOUT VOTER APPROVAL. Recommended by the City Council (First Reading) (Wards All) Direct Budgetary Impact: None A motion was made by Council Member Baugus, seconded by Council Member Alexander, for the first reading of Bill #2298. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill #2298 was read for the first time by title only. A motion was made by Council Member Levitt, seconded by Council Member Shea, to postpone Bill #2298 two City Council meetings. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. BILL #2299 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, AMENDING CHAPTER 125 OF THE CODE OF ORDINANCES OF THE CITY OF WILDWOOD BY ENACTING NEW SECTIONS AND ; PROVIDING PROCEDURES FOR HANDLING OF ALLEGED VIOLATIONS OF THE CITY CHARTER BY CITY OFFICIALS; AND PROVIDING REGULATIONS ON POLITICAL ACTIVITIES OF CERTAIN EMPLOYEES AND OFFICERS OF THE CITY. Recommended by the City Council (First Reading) (Wards All) Direct Budgetary Impact: None Page 4

5 A motion was made by Council Member DeHart, seconded by Council Member Porter, for the first reading of Bill #2299. A voice vote was taken with an affirmative result and the motion was declared passed. Council Members Shea and Cox opposed. A motion was made by Council Member McCutchen, seconded by Council Member Bertolino, to postpone Bill #2299 for up to thirty (30) days and divide the Bill into two separate Bills. A voice vote was taken with an affirmative result and the motion was declared passed. Council Members DeHart and Porter opposed. A motion was made by Council Member Cox, seconded by Council Member Alexander, to amend the motion to postpone Bill #2299 for up to thirty (30) days and place Bill #2299 on the next City Council Work Session Agenda for discussion. A voice vote was taken with an affirmative result and the motion was declared passed. Council Member DeHart opposed. BILL #2300 AN ORDINANCE OF THE CITY OF WILDWOOD, MISSOURI, PROVIDING FOR THE COMPENSATION OF THE OFFICES OF MUNICIPAL JUDGE AND PROSECUTING ATTORNEY. Recommended by the City Council (First Reading) (Wards All) Direct Budgetary Impact: $4,000 per year A motion was made by Council Member Baugus, seconded by Council Member Manton, for the first reading of Bill #2300. A voice vote was taken with an affirmative result and the motion was declared passed. Bill #2300 was read for the first time by title only. Council Member Shea opposed. BILL #2301 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WILDWOOD, MISSOURI AUTHORIZING THE TERMINATION OF THE PLANNED RESIDENTIAL DEVELOPMENT (PRD) OVERLAY DISTRICT IN THE NU NON-URBAN RESIDENCE DISTRICT AND FPNU FLOODPLAIN NON-URBAN DISTRICT FOR A ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF OSSENFORT ROAD, SOUTH OF WILD HORSE CREEK ROAD (P.Z. 25 and 25a, dba Deer Valley Estates), CONSISTENT WITH THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION, IN ITS LETTER ON THIS MATTER THAT IS DATED AUGUST 21, 2017, WHICH NOTED THE REQUIRED COMMENCEMENT OF CONSTRUCTION TIMELINE HAD NEVER BEEN MET, AFTER MULTIPLE YEARS OF EXTENSIONS. Recommended by the City Council (First Reading) (Ward One) Direct Budgetary Impact: None A motion was made by Council Member DeHart, seconded by Council Member Manton, for the first reading of Bill #2301. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill #2301 was read for the first time by title only. BILL #2302 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WILDWOOD, MISSOURI AUTHORIZING CHANGES TO AN EXISTING AMENDED C-8 PLANNED COMMERCIAL DISTRICT ORDINANCE #2055 THAT GOVERNS A ONE (1) ACRE SITE ON MANCHESTER ROAD, WEST OF POND ROAD, THEREBY ALLOWING FURTHER PERMITTED ACTIVITIES ON THE PROPERTY, WHILE ALSO GRANTING CERTAIN ALLOWANCES FOR THE MAINTENANCE NEEDS OF TENANTS VEHICLES, ALL CONSISTENT WITH THE LETTER OF RECOMMENDATION COMPLETED BY THE PLANNING AND ZONING COMMISSION, WHICH IS DATED AUGUST 21, 2017 (P.Z Sean Clancy/Joy Wilcox). Recommended by the City Council (First Reading) (Ward One) Direct Budgetary Impact: None Page 5

6 A motion was made by Council Member DeHart, seconded by Council Member Goodson, for the first reading of Bill #2302. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill #2302 was read for the first time by title only. RESOLUTION(S) RESOLUTION # A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDWOOD, MISSOURI, AUTHORIZING THE CITY ADMINISTRATOR TO PURCHASE ON BEHALF OF THE CITY A CELL BOOSTER SYSTEM FOR THE WILDWOOD MUNICIPAL BUILDING; AND AUTHORIZING THE MAYOR TO ENTER INTO A CITY-CONTRACTOR AGREEMENT WITH GRAYBAR ELECTRIC COMPANY, INC. FOR DELIVERY AND INSTALLATION OF SAME. Recommended by the City Council (Ward Eight) Direct Budgetary Impact: $21, A motion was made by Council Member Goodson, for the adoption of Resolution # , which motion was seconded by Council Member Levitt. Resolution # was read into the record. A voice vote was taken for approval of Resolution # with a unanimous affirmative result. MISCELLANEOUS Council Member Dodwell asked the cyclist group in attendance to attend the next City Council Work Session. Council Member Bartoni discussed the background checks conducted on appointees nominated to serve on citizen Boards, Commissions and Committees. Council Member Bartoni spoke in opposition of conducting background checks. Council Member Dodwell asked if the Administration/Public Works Committee could develop a policy relative to background checks. Council Member Cox asked the cyclists group in attendance to attend the next Planning and Parks Committee meeting. Council Member Manton stated the practice of conducting background checks should be reviewed by the Administration/Public Works Committee. Council Member Shea stated the cyclist group in attendnace should speak at the Planning and Parks Committee meeting. Council Member Shea asked where the management agreement was for the land donation. Additionally, Council Member Shea stated the practice of conducting background checks on appointees should be reviewed by the Administration/Public Works Committee. Council Member Levitt asked if a motion could be made under Miscellaneous. ADJOURNMENT A motion was made by Council Member Levitt, seconded by Council Member Goodson, to adjourn. A voice vote was taken with an affirmative result and the motion was declared passed. There being no further business; the meeting was adjourned at 8:20 p.m. Approved this day of, Page 6

7 ATTEST: James R. Bowlin, Mayor City Clerk Page 7

8 COUNCIL WORK SESSION MINUTES COUNCIL CHAMBERS WILDWOOD CITY HALL Main Street City of Wildwood, Missouri MONDAY, SEPTEMBER 11, :00 P.M. Present Bowlin DeHart Shea Dodwell McCutchen Porter Alexander Levitt Goodson Manton Bartoni Baugus Cox Absent McGowen Stine Garritano Bertolino MAYOR S COMMENTS AND ANNOUNCEMENTS FOR INFORMATION City Administrator Charter Ballot Restrictions (Wards All) Mayor Bowlin stated a memorandum had been provided for the City Council s review and asked if there were any comments or questions. Planning and Zoning Commission Status Sheet from August 21, 2017 Meeting (Wards All) Mayor Bowlin stated a memorandum had been provided for the City Council s review and asked if there were any comments or questions. City Council Work Session Minutes Page 1

9 Board of Public Safety Postponement of Bills 2292 and 2295 (Wards All) Mayor Bowlin stated a memorandum had been provided for the City Council s review and asked if there were any comments or questions. Rural Internet Access Committee Update (Wards All) Mayor Bowlin stated a memorandum had been provided for the City Council s review and asked if there were any comments or questions. Construction Project Update (Wards All) Mayor Bowlin stated a memorandum had been provided for the City Council s review and asked if there were any comments or questions. FOR ACTION Department of Planning and Parks Consideration of a Recommendation from the Department of Planning and Parks to Authorize Extended Hours of Use for the Community Park Trail System Director of Planning and Parks Vujnich stated individuals have been visiting Community Park after curfew. Director Vujnich stated extending the hours would allow individuals more time to visit the park without breaking curfew. Discussion was held regarding the following: is this an issue in the morning; how many people are requesting the extension; are the police issuing citations; verbal warnings are given by the police; are there any safety concerns A motion was made by Council Member Dodwell, seconded by Council Member Manton, directing City Team Members to prepare legislation extending park hours for the trail looping Community Park. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. City Administrator Consideration of Remote Meeting Participation City Administrator Thomas stated the Charter Review Commission recommended the City Council review a policy for remote meeting participation. Discussion was held regarding the following: roll call votes are only allowed via videoconferencing and not via teleconferencing; audio and video clarification; what if connection is lost; why do this at the local level; what is the benefit; do other cities allow this; what are the costs; practicality and logistics; should the Administration/Public Works Committee review this; Council is hardly without quorum; this could be an abused policy; no need to adopt this policy EXECUTIVE [CLOSED] SESSION: Legal Actions, Causes of Actions, Litigation or Privileged Communications Between the City s Representatives and its Attorneys [RSMO (1)] City Council Work Session Minutes Page 2

10 A motion was made by Council Member Manton, seconded by Council Member Dodwell, to go into Executive Session, and invite Director of Planning Vujnich to attend the Executive Session, at 6:20 p.m. with regards to Legal Actions, Causes of Action, Litigation or Privileged Communications Between the City s Representatives and its Attorneys [RSMO (1)]. A roll call vote was taken with the following results: Ayes DeHart, Bartoni, Manton, Baugus, Shea, Dodwell, McCutchen, Porter, Alexander, Levitt, Goodson Nays None Absent McGowen, Cox, Bertolino, Stine, Garritano Whereupon Mayor Bowlin declared the motion passed. Council Member Cox arrived at 6:55 p.m. A motion was made by Council Member Manton, seconded by Council Member Dodwell, to go out of Executive Session at 7:07 p.m. with regards to Legal Actions, Causes of Action, Litigation or Privileged Communications Between the City s Representatives and its Attorneys [RSMO (1)]. A roll call vote was taken with the following results: Ayes DeHart, Bartoni, Manton, Baugus, Shea, Dodwell, McCutchen, Porter, Alexander, Levitt, Goodson, Cox Nays None Absent McGowen, Bertolino, Stine, Garritano Whereupon Mayor Bowlin declared the motion passed. MISCELLANEOUS None ADJOURNMENT A motion was made by Council Member Levitt, seconded by Council Member Baugus, to adjourn Work Session. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. There being nothing further, Work Session was adjourned at 7:13 p.m. City Council Work Session Minutes Page 3

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