Board of Aldermen

Public Notice posted in accordance Date/Time Posted: Friday, March 15, 2019 RSMO. 610 as amended 5:00 p.m. By: Kimberly Barfield City Clerk CITY OF PACIFIC 300 HOVEN BOARD OF ALDERMEN AGENDA REGULAR MEETING TUESDAY, MARCH 19, 2019 7:00 P.M. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Prayer 5. Approve Agenda 6. Approve the Minutes from the Regular Meeting on March 5, 2019 7. Approve the Minutes from the Executive session on March 5, 2019 8. Presentations 9. Public Participation 10. Mayor Report 11. New Bills a. Bill No. 4035 An Ordinance providing for a Boundary Adjustment between the cities of Eureka and Pacific, relating to certain property located at 18699 U.S. Highway 66 (St. Louis County Locater Number 30X430018). (1st reading) b. Bill No. 4036 An Ordinance providing for a Boundary Adjustment between the cities of Eureka and Pacific, relating to certain property located at 18637 U.S. Highway 66 (St. Louis County Located Number 30X420026). (1st reading) c. Bill No. 4037 An Ordinance establishing new Stop Signs and a new No Left Turn Sign. (1st reading) d. Bill No. 4038 An Ordinance providing for Cemetery Fees in the City of Pacific, Missouri. (1st reading) 12. Consideration of Bills Previously Introduced a. Amended Bill No. 4029 An Ordinance regulating the use of cell phones while driving by City employees. (2nd reading)  b. Bill No. 4031 An Ordinance amending Section 385.350 of the Code of Ordinances of the City of Pacific to make the failure to wear a seatbelt a primary violation. (2nd reading) c. Bill No. 4032 An Ordinance authorizing a Conditional Use Permit for property located at 2009 W. Osage Street, Franklin County Parcel ID # 19-1-11.0-2-099-14.000, in the City of Pacific. (2nd reading) d. Bill No. 4033 An Ordinance authorizing a Conditional Use Permit for property located at 302- 304 W. Osage Street, Franklin County Parcel ID # 19-1-12.0-1-002-260.000, in the City of Pacific. (2nd reading) e. Bill No. 4034 An Ordinance establishing the position of City Engineer and providing for the qualifications and duties thereof. (2nd reading) 13. New Business a. Resolution No. 2019-13 A Resolution authorizing and directing the Mayor to execute an Agreement with NB West Contracting Company relating to extension of City utilities. 14. Unfinished Business a. Bill No. 4011 An Ordinance amending the Planned Unit District Regulations of the City of Pacific, Missouri. (2nd reading needed) (10-16-18 sent to Adm. Com. After 1st reading, tabled at 11-6-18) b. Bill No. 4012 An Ordinance amending the zoning regulations with regard to amendments in the City of Pacific, Missouri. (2nd reading needed) (10-16-18 sent to Adm. Com after 1st reading tabled 1-6-18) c. Bill No. 4013 An Ordinance amending the Subdivision Regulations with regard to amendments in the City of Pacific, Missouri. (1st reading needed) (10-16-18 sent to Adm. Com., tabled 11-6- 18) d. Bill No. 4016 An Ordinance amending the Land Use Article of the Code of Ordinances of the City of Pacific and providing for site plan review procedure. (1st reading needed) (tabled on 11-6-18) 15. City Administrator Report a. FY 20 budget review 16. City Attorney Report 17. Miscellaneous a. Approve list of bills. b. Approve bill from American Carnival Mart in the amount of $ 210.45 to be paid from Tourism funds for St. Patricks Day supplies. c. Approve invoice from Sign Experts in the amount of $ 605.20 for signs for St. Patrick’s Day Parade. d. Approve invoice from Straatmann Printing in the amount of $ 62.50 for St. Patrick’s Day flyers.  e. Approve invoice from Engineering Surveys & Surveys in the amount of $ 1,149.50 to be paid from W. Osage CID for Lamar Parkway Sidewalk project. f. Approve invoice from Bill Hampton Enterprises, LLC in the amount of $650.00. g. Approve Pacific Eagles, Jerry Eversmeyer, 707 W. Congress for a Temporary Permit intoxicating liquor for sale by the drink for 4th annual charity BBQ Wing Challenge on Saturday, April 13, 2019. h. Approve Pay Application # 4 from RV Wagner for the Waste Water Treatment Facility Repairs in the amount of $ 340,352.10. i. Approve Bonnie Post to the Beautification Committee. 18. Reports of City Officials a. Alderman Nemeth b. Alderman Adams c. Alderman Rahn d. Alderman Gass e. Alderman Johnson f. Alderman Stotler g. Chief Mansell h. Collector Kelley 19. Closed Session RSMO 610.021(2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. 20. Adjourn The Board of Aldermen will consider and act upon the matters listed above and such others as may be presented at the Meeting and determined to be appropriate for discussion at that time. The City of Pacific is working to comply with the Americans with Disabilities Act mandates. Individuals who require an accommodation to attend a meeting should contact City Hall (271-0500) at least twenty- four hours in advance.  1 CITY OF P acific MARCH 5, 2019 * RECORD OF PROCEEDINGS CITY OF PACIFIC REGULAR MEETING OF THE BOARD OF ALDERMEN 300 HOVEN PACIFIC, MISSOURI 63069 ________________________________________________________________________ T he meeting was called to order at 7:00 p.m. by Mayor Myers. A roll call was taken with the following results: Present at Roll Call: Alderman Nemeth Alderman Adams Alderman Gass Alderman Johnson Alderman Stotler A quorum was present. Absent: Alderman Rahn. City Clerk Barfield stated he was running late but would be here. Alderman Rahn arrived at 7:04 p.m. Also present: Administrator Roth Attorney Jones Collector Kelley Engineer Rahn Public Works Commissioner Brueggemann Chief Mansell City Clerk Barfield Mayor Myers stated he was not feeling well and would be leaving after the Mayor’s Report. President of the Board, Alderman Adams would be taking over. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was done. PRAYER Pastor David Lange stated he is representing the Meramec Valley Christian Church Alliance. He also stated their church, Mission Community, is part of the flood buyout and they are excited. National Day of Prayer – Pastor Lange asked if the Meramec Valley Christian Church Alliance could use the Board Room on May 2, 2019 from 12:00 p.m. to 1:00 p.m. for the National Day of Prayer. They used the room last year. Motion made by Alderman Gass, seconded by Alderman Adams to approve the use of Board of Aldermen 3-5-19  2 the room to the Meramec Valley Christian Church Alliance on May 2, 2019. A voice vote was taken with an affirmative result, and Mayor Myers declared the motion carried. Alderman Rahn arrived. APPROVE AGENDA Motion made by Alderman Nemeth, seconded by Alderman Stotler to approve the agenda. A voice vote was taken with an affirmative result, and Mayor Myers declared the motion carried. APPROVAL OF MINUTES A. Regular meeting on February 19, 2019 Motion made by Alderman Gass, seconded by Alderman Johnson to approve the minutes of the regular meeting on February 19, 2019. A voice vote was taken with an affirmative result, and Mayor Myers declared the motion carried. PUBLIC PARTICIPATION None MAYOR’S REPORT City Hall Training- Mayor Myers asked City Clerk Barfield for an update. City Clerk Barfield stated the SGR Training the Board approved was up in January. In those two months there have been seven courses that have been completed or being taken. Those courses included: Extraordinary Customer Service, Integrating your Community, Telephone Skills, Building a Respectful Workplace, Workplace Harassment Prevention, Managing Change, Honing your Emotional Intelligence # 1. This program seems to be working well. Mayor Myers stated that Alderman Gass has also participated and he appreciated that. City Clerk Barfield stated she receives notifications when the classes have been completed from each participant. Proposition S & Proposition P – Mayor Myers read from a script. It is attached and made a part of the minutes. He stated he has spent time with Alderman Adams and they agreed to meet and discuss until they were both on the same path. He thanked him for all his time. He continued about 6 months ago there was discussion on finding additional revenue sources for our streets and park maintenance. After considerable research he is convinced that the passage of both the ½ cent sales taxes will position us for success to achieve our goals for decades. After many discussions with different individuals and organizations it seems everyone sees that Pacific has many needs. That State Statute allows for the ½ cent transportation tax that would be generated by Prop S to go towards the proper maintenance and future growth of our street system and repair and upgrade storm drains. The Prop P ½ cent sales tax could go towards the establishment of Pacific’s first ever Parks & Recreation Program, improve maintenance of existing park space, and flood mitigation and storm water projects. Prop S & Prop P make sense for Pacific. Tonight, he proposes that if the voters will authorize these funds dedicated to the improvement of Pacific’s Streets, Parks, and Storm Drains, the City Administrator and I will work continually towards the dissolution of the existing 1 cent sales tax in the CID Districts. Furthermore, the City will hire an independent consulting firm to evaluate the present conditions of our streets, parks and storm drains, involve the public in determining priorities, and develop a comprehensive plan that recommends our best course of action. From there it would go to the Board for approval. He asked for any discussion. Board of Aldermen 3-5-19  3 Alderman Johnson stated she agreed all of this was needed. She continued that even though you met with Alderman Adams, the rest of us are also answering questions and should be heard. The seniors are complaining that this is just another tax. She thought we needed a plan from the beginning. Mayor Myers stated that he spoke with each one of the Aldermen before he ever said it to anybody else, and everyone of you were on board. Alderman Adams reminded everyone that he does not look at it as a tax increase, it is a swap. It you purchase in the CID District now, and this passes the use of the money is all that is different. He feels like it is a no tax increase proposition. He continued that in recent weeks, there has been a difference of opinion about the park tax. He hopes the people trust the discussion and the debate that took place and they understand we all have differences of opinion. That is healthy. He hopes they trust and appreciate that we continued to work towards finding common ground. People with a difference of opinion can continue to talk and come out with a good product. We compromised, we are the best of friends and will continue to be. We can still have healthy debates and have a difference of opinion. Chief Mansell asked if employees have the right to openly support something like this. Attorney Jones stated they cannot openly advocate for the proposition while on duty. Motion made by Alderman Adams, seconded by Alderman Gass to approve on passage of Prop S & Prop P the City hire/employ an engineering firm to design a comprehensive plan to address streets, stormwater and our parks. A voice vote was taken with an affirmative result, and Mayor Myers declared the motion carried. Mayor Myers continued that the Park Board approved this last night also. Mayor Myers asked that President of the Board Adams take over the meeting so he could leave. Mayor Myers left the meeting and President of the Board Adams proceeded with the meeting. New Bills Bill No. 4031 An Ordinance amending Section 385.350 of the Code of Ordinances of the City of Pacific to make the failure to wear a seatbelt a primary violation. (1st reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4031 by title only for the first reading. President of the Board Adams asked for any discussion. Chief Mansell stated the Police Department is behind this. Most deaths are those that do not wear a seatbelt. Alderman Rahn stated the penalty is only $ 10 and there are no points for this, should we change this. Attorney Jones stated that penalty is state law. Grant Program – Chief Mansell stated there is a grant available for almost $ 20,000. This is where officers come in on their day off and get paid thru the grant. They only target traffic violations like these. The officers do not take any other call and it is voluntary. When the grant money is gone then it stops. He asked that the Board sign the paperwork this evening as it was due yesterday. Bill No. 4032 An Ordinance authorizing a Conditional Use Permit for property located at 2009 W. Osage Street, Franklin County Parcel ID # 19-1-11.0-2-099-14.000, in the City of Pacific. (1st reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4032 by title only for the first reading. President of the Board Adams asked for any discussion. Alderman Rahn asked if the parking lot was in good enough shape to overlay. Alderman Gass thought it was. Engineer Rahn agreed and stated any spots that need to be repaired will show thru. Alderman Rahn stated this was approved at Planning & Zoning with restrictions. Administrator Roth stated the plan sheet shows overlay with asphalt Board of Aldermen 3-5-19  4 and the conditions are in the ordinance. Bill No. 4033 An Ordinance authorizing a Conditional Use Permit for property located at 302-304 W. Osage Street, Franklin County Parcel ID # 19-1-12.0-1-002-260.000, in the City of Pacific. (1st reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4033 by title only for the first reading. President of the Board Adams asked for any discussion. Alderman Adams stated he would sponsor this bill. Bill No. 4034 An Ordinance establishing the position of City Engineer and providing for the qualifications and duties thereof. (1st reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4034 by title only for the first reading. President of the Board Adams asked for any discussion. Alderman Gass stated he would sponsor the bill. Consideration of Bills Previously Introduced Bill No. 4029 An Ordinance regulating the use of cell phones while driving by City employees. (2nd reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4029 by title only. Alderman Nemeth stated he would sponsor this bill. President of the Board Adams asked for any discussion. Chief Mansell stated he has six vehicles that do not have blue tooth. He was able to get some inexpensive ones hooked up, but he will require better ones at budget time. Public Works Commissioner Brueggemann stated he has eight vehicles that don’t have blue tooth. The cost from O’Reillys is $ 1,200. Alderman Adams suggested adding an amendment to Section 1 reading “cell phones and other devices”. There was discussion on if this would be added to the Personnel Manual. Administrator Roth stated his intent is to amend the Manual. Attorney Jones stated that would be a separate motion. Administrator Roth stated once this passes, he would write a memo and advice the employees, there is no grace period it is in effect. Chief Mansell questioned “other devices” and asked if electronic cigarettes could be added. Attorney Jones stated since there is so much discussion about this, he suggested we come back to this. Alderman Johnson thought that the City should have the necessary equipment in the vehicles before this is passed. President of the Board Adams suggested the City Administrator and Attorney get together and this come back at the next meeting. Attorney Jones stated for the record, this has been read for the second reading, with no motion to approve. This will be amended and will come with a recommendation. Motion made by Alderman Nemeth, seconded by Alderman Stotler for Attorney Jones to investigate and amend include a proposed date for the vehicles to be adjusted. A voice vote was taken with an affirmative result, and President of the Board Adams declared the motion carried. Bill No. 4030 An Ordinance authorizing acceptance of the conveyance and transfer of certain real property at 708 South Third Street to the City in furtherance of the City’s Voluntary Flood Buyout Program; and authorizing the execution and recordation of certain documents in connection therewith; and authorizing further action in furtherance thereof. (2nd reading) As posted pursuant to the ordinance, President of the Board Adams read Bill No. 4030 by title only. President of the Board Adams asked for any discussion. Motion made by Alderman Gass, seconded by Board of Aldermen 3-5-19  5 Alderman Rahn to approve Bill No. 4030. A roll call vote was taken with the following results: Ayes: Alderman Adams, Alderman Rahn, Alderman Gass, Alderman Johnson, Alderman Stotler, Alderman Nemeth. Nays: none. Whereupon, President of the Board Adams declared Bill No. 4030 passed and became Ordinance No. 3115. NEW BUSINESS Resolution No. 2019-09 A Resolution opposing the “Better Together” initiative and its proposed Missouri Constitutional Amendment effectively merging St. Louis City and County; supporting the formation of a Board of Freeholders/Electors as authorized by Article VI; Section 30(a) and 30(b) of the Missouri Constitution; and affirming opposition to efforts to reduce or eliminate Municipal Government and its services provided to its citizens. As posted pursuant to the ordinance, President of the Board Adams read Resolution No. 2019-09 by title only. Motion made by Alderman Gass, seconded by Alderman Nemeth to approve Resolution No. 2019- 09. A voice vote was taken with an affirmative result, and President of the Board Adams declared the motion carried. Resolution No. 2019-10 A Resolution authorizing and directing the Mayor to execute an agreement with Gullet Contracting LLC for construction of roofing improvements at the City of Pacific Community Park. As posted pursuant to the ordinance, President of the Board Adams read Resolution No. 2019-10 by title only. President of the Board Adams asked for any discussion. Alderman Gass asked if all this work really needed done. Public Works Commissioner Brueggemann stated there is $40,000 budgeted for this. They all need done right away, the Rulon and west restroom could wait a little time, but not a lot. If we take those off the bid it comes in at $ 38,800. If we do them all then we are over budget. Alderman Nemeth stated the Park Board is aware to do them all is over budget, but felt it was a good time. To do them all we are over budget about $ 19,000. Administrator Roth stated he thought we could find the additional money. Motion made by Alderman Gass, seconded by Alderman Johnson to approve Resolution No. 2019-10 and do all the buildings. A voice vote was taken with an affirmative result, and President of the Board Adams declared the motion carried. Administrator Roth stated the pool house building and pump house must be done by May 3rd, other buildings are by 5/24 and 6/28. Board members agreed. Alderman Gass stated he thought the pool needed painting also. Public Works Commissioner Brueggemann stated he was asking for that in the next budget. Resolution No. 2019-11 A Resolution authorizing and directing the Mayor to execute an agreement with Engineering Surveys and Services, Inc relating to Professional Services for the Hogan Subdivision Storm Water Improvements Project. As posted pursuant to the ordinance, President of the Board Adams read Resolution No. 2019-11 by title only. President of the Board Adams asked for any discussion. Alderman Gass asked where these prices came from. His motion was for design and topo of storm pipe and inlets from St. Louis St. to Phelan and then work on Payne & Union St. He wanted an inlet at each intersection with a storm pipe. Engineer Rahn showed a Power Point of the map and reviewed it. This was broke down into phases. Phase 1 design is $ 35,000. Surveying is what is driving the costs up. Discussion followed. Engineer Rahn stated Phase 1 consists of storm sewer improvements, including curb & gutter, along a portion of Union St, all of Phelan St. and St. Louis St. from Payne west to the dead end. This will provide a new storm network to provide storm water drainage for the area and alleviate runoff issues along Phelan. A portion of this Board of Aldermen 3-5-19  6 work consists of replacing existing storm pipe that is undersized and too shallow. Alderman Gass suggested putting an inlet in on both sides and wait until next year to do the rest. Administrator Roth stated there was $ 250,000 for the street maintenance budget that the Board put on hold. This could be used for this, just remember that is it for the year. We also have Candlewick and Denton Road Bridge coming up. Alderman Johnson thought all of it needed to be addressed. Alderman Gass suggested the street department install the curb & gutter on Phelan St. This would keep costs down. Alderman Rahn stated he would be abstaining from the vote but agreed this was a good plan. Engineer Rahn stated the engineering for Phase 1 is $ 35,000. Alderman Nemeth suggested surveying the whole project, then decide if and how we want to break it up, Alderman Stotler agreed. Engineer Rahn stated the City is billed on an hourly basis. Generally, this comes in less that quoted. Alderman Johnson was concerned the project wouldn’t be kept moving along. Alderman Adams stated we are asking the voters to trust our intent with the propositions. This is how to show them how serious we are about the infrastructure of our town. We need to step up first. Motion made by Alderman Gass, seconded by Alderman Johnson to approve Phase 1 engineering with the intent to get plans and bid documents on the storm pipe for St. Louis St. and curb and gutter on Phelan St. Alderman Rahn stated he was abstaining. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. Abstain: Alderman Rahn. Resolution No. 2019-12 A Resolution amending the City of Pacific Fiscal Year 2019 Budget to provide for adjustments to certain revenues and expenditures as authorized by the Board of Aldermen. As posted pursuant to the ordinance, Acting President of the Board Adams read Resolution No. 2019-12 by title only. Acting President of the Board Adams asked for any discussion. Motion made by Alderman Gass, seconded by Alderman Rahn to approve Resolution No. 2019-12. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. Unfinished Business a. Bill No. 4011 An Ordinance amending the Planned Unit District Regulations of the City of Pacific, Missouri. (2nd reading needed) (10-16-18 sent to Adm. Com. After 1st reading, tabled at 11-6-18) b. Bill No. 4012 An Ordinance amending the zoning regulations with regard to amendments in the City of Pacific, Missouri. (2nd reading needed) (10-16-18 sent to Adm. Com after 1st reading, tabled 11-6-18) c. Bill No. 4013 An Ordinance amending the Subdivision Regulations with regard to amendments in the City of Pacific, Missouri. (1st reading needed) (10-16-18 sent to Adm. Com., tabled at 11-6- 18) d. Bill No. 4016 An Ordinance amending the Land Use Article of the Code of Ordinances of the City of Pacific and providing for site plan review procedure. (1st reading needed) (tabled on 11-6- 18) These items have been tabled. PUBLIC WORKS COMMISSIONER REPORT Stop Signs - Pubic Works Commissioner Brueggemann stated he thought stop signs were needed for the following locations: On Husky Way at the approach to Industrial Drive, On Pacific Estates Dr. at the Board of Aldermen 3-5-19  7 approach of Thornton St., on Heritage Farms Drive at the approach of Hwy N. He also suggested a “no left turn” on the west bound lane of Pacific St. at the approach of S. Fourth St. Alderman Johnson stated she would sponsor this ordinance. Alderman Johnson asked if there was anything, we could do about Sanker St. Discussion followed. Attorney Jones stated if this is on private property there is nothing we can do. Motion made by Alderman Nemeth, seconded by Alderman Stotler for Attorney Jones to draft a bill for the proposed stop signs. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. ADMINISTRATOR REPORT a. Accept bid, Professional Asbestos Identification services/Flood buyout project Administrator Roth stated this is a required component of the flood buyout program. Each structure to be demolished is inspected for asbestos, and the results of that inspection are included in the specification for the demo contract. The deadline for proposals was today. He received one proposal from SCI Engineering and the costs is $ 600 for single family, $ 1,300 for one apartment building and $ 800 for the church. This is within his authority but he would request a motion to accept the proposal. Discussion followed. Motion made by Alderman Gass, seconded by Alderman Nemeth to accept the bid from SCI Engineering. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. CITY ATTORNEY REPORT Boundary Adjustment with Eureka - Attorney Jones stated we did a boundary adjustment with the City of Eureka to acquire the NB West parcel. St. Louis County said that parcel number was not contiguous to the City’s eastern board. They have learned the Department of Corrections parcel that is between the jail and NB West parcel was annexed by the City of Eureka. Now we need to do a boundary adjustment for that property between them, then do one for NB West. He continued due to the nature of the ordinances, he would ask the Board to consider reading both of these two times at the next meeting. Board members agreed. MISCELLANEOUS a. Approve petty cash Motion made by Alderman Rahn, seconded by Alderman Stotler to approve petty cash. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. b. Approve Mayor training, Economic Development Motion made by Alderman Gass, seconded by Alderman Johnson to approve the the Mayors training, Economic Development. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried Board of Aldermen 3-5-19  8 EXECUTIVE SESSION RSMO 610.021(2)(3) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. Hiring, firing, discipling or promoting of particular employees by a public governmental body when personal information about the employee is discussed Acting President of the Board Adams asked that we skip # 19 for now and go into executive session under RSMO 610.021(2) Real Estate. Attorney Jones read this into the record. Motion made by Alderman Stotler, seconded by Alderman Nemeth to go into executive session. A roll call vote was taken with the following results: Ayes: Alderman Nemeth, Alderman Adams, Alderman Rahn, Alderman Gass, Alderman Johnson, Alderman Stotler. Nays: None. Whereupon, Acting President of the Board Adams declared the motion carried. The Board went into executive session at 8:19 p.m. The Board reconvened at 8:30 p.m. REPORTS OF CITY OFFICIALS Alderman Nemeth – No report. Alderman Adams – No report. Alderman Rahn – No report. Alderman Gass – No report. Alderman Johnson – stated the Historical and Genealogy Committee are meeting on March 21, 2019 at the Senior Center at 6:30 p.m. Alderman Stotler – No report. Chief Mansell – stated Officer Carroll has resigned, so we have an opening. Tornado Warning – Chief Mansell stated today was the State wide test for the tornado warnings, and they were not notified. Franklin County usually notifies them, and they failed. They were notified by SEMA, so he will be in touch with them to get notified thru them. Chief Mansell stated Detective Myers is going to Indiana to be trained on the Cellebrite system, this is where we can download cell phones and see what is on them. St. Patrick’s Day Parade – Alderman Johnson stated the parade is before the next meeting. She has flyers on it this evening and it will be in the paper. ADJOURNMENT Board of Aldermen 3-5-19  9 Motion made by Alderman Nemeth, seconded by Alderman Rahn to adjourn. A voice vote was taken with an affirmative result, and Acting President of the Board Adams declared the motion carried. The meeting adjourned at 8:35 p.m. ____________________________ Steve Myers, Mayor ATTEST: _______________________________ City Clerk Board of Aldermen 3-5-19 MEMORANDUM Steve Roth 636-271-0500 ext. 213 City Administrator sroth@pacificmissouri.com March 15, 2019 TO: Mayor and Board of Aldermen RE: City Administrator report, 3-19-19 Board of Aldermen meeting Hello everyone, Please note the following with respect to agenda items and other information for the March 19 meeting. 1. Bills 4035 and 4036, Boundary Adjustments, 18699 US Highway 66 and 18637 US Highway 66. These two bills were drafted following discussions with the St. Louis County Counselor’s office over the transfer of jurisdiction approved previously for the NB West tract (18637 US Highway 66). The question relates to a tract that is part of the prison property, which St. Louis County did not accept as properly annexed in 2004. We differed with their interpretation, but ultimately accepted the resolution which is proposed here via the two bills. To be clear, the tract that includes the prison buildings and immediate grounds is not in question, but rather an additional 38.31-acre tract to the east, which is primarily wooded and undeveloped. The bill pertaining to 18699 US Highway 66 thus annexes this 38.31-acre tract, while the bill pertaining to 18637 US Highway 66 annexes the NB West parcel. The City Attorney can speak to these bills in more detail at the meeting if desired. 2. Bill 4037, Establish Stop Signs and No Left Turn Sign. This bill was drafted following a request at last meeting from the Public Works Commissioner. The stop signs appear to be routine. The no left turn at Pacific and Fourth Street in my opinion merits review by the Police Department. 3. Bill 4038, Amend Municipal Code section pertaining to Cemetery Fees. This bill amends Section 135.070 pertaining to the payment of cemetery fees, adding a provision for payment in the event that City Hall is closed. 4. Bill 4029, Employee Use of Cell Phones while driving. This bill has been amended following discussion at the last meeting. The amendment adds “other mobile devices,” which is intended to include tablets and other devices that may not fit the definition of “cell phone.” The bill also makes clear that the prohibition does not apply to radio communications, either mobile or car radio. Finally, the bill has a 30- day grace period, which would allow for the City to upgrade technology in certain vehicles. I would want to make clear that, at least in my opinion, the lack of a Bluetooth or other “hands-free” option in a vehicle does not mean an employee can then use their cell phone while driving. As an example, I have driven my personal vehicle on City business, and I don’t have Bluetooth technology. If this ordinance is approved, I then would be prohibited from using my cell phone while driving on City business. I have no objection to this and feel it is good public policy. However I would want to be clear that a lack of a hands-free option is not an “excuse” to use a cell phone. 5. Bill 4031, Seat Belts. This is the second reading of the bill first considered at last meeting. I have heard no public comment since it was first introduced. As a parent of young drivers, I personally would be grateful to an officer who stopped my child if they were not wearing a seatbelt. 6. Bill 4032, CUP, 2009 W. Osage Street. This is the second reading of the bill first considered at last meeting. I have heard no public comment since it was first introduced. I would reiterate past comments that while the use proposed here may not be considered ideal, it certainly meets the standards of the Zoning Code and further in staff’s opinion would be a welcome development in an area that has been vacant and underutilized for several years. 7. Bill 4033, CUP, 302-304 W. Osage Street. This bill too was given a first reading March 5, and I have heard no public comment since that time. The analysis used in the 2009 W. Osage application would apply here as well. We feel this use would put this property “back into circulation” if you will, and would further be a use that is complementary to other nearby uses in this zoning district. 8. Bill 4034, City Engineer. This bill formally establishes the office of City Engineer. We feel this position would be a critical position for the City going forward. Unfortunately it also appears it will be a difficult position to fill, as we have had no qualified applicants since the initial job posting two weeks ago. We have had discussions on other hiring avenues to explore and will take action as necessary. With respect to the bill as drafted, I have not heard any public comment, or staff comment, since it was first read March 5. 9. Resolution 2019-13 Cooperative Agreement NB West. This Resolution approves an agreement for NB West Contracting for extension of City water and sewer utilities to the NB West site. The agreement is in a form similar to what was used for the ADB Companies project. The NB West agreement provides that the City will accept the cost of materials, which has been estimated at approximately $71,000. NB West will provide the labor and equipment necessary to construct the improvements. The mutual benefits to be derived from the agreement include the extension of utility service to parcels that may wish to annex and connect at some future time. The Public Works Commissioner has been working on aspects of this project and can address questions at the meeting. We have also invited representatives of West Contracting to attend and be available to address questions. 10. FY 20 Budget preview. The FY 20 budget process is underway, with Department Heads currently working on budget requests. The City’s finances in general are stable, so we don’t expect any significant budget issues going forward. I think it would be helpful to have at least one committee meeting (either Administration or Operations) to review the budget in more detail. We could also have a special Board meeting if desired. I don’t think we need specific action at this point but would defer to the Board for direction. The tentative budget adoption schedule is as follows: • First draft to Board of Aldermen, April 16 • Committee meeting to review, week of April 22 • Final draft to Board of Aldermen, May 16 • Public Hearing, June 4 • Budget adoption ordinances, first reading June 4 • Budget adoption ordinances, second reading June 18 If there are any specific budget requests you would like us to consider, please feel free to submit these to me directly. In particular we would seek input on specific Public Works or parks projects, as we are currently building a project list to be included in the FY 20 budget. 11. Information items: Please note the following with respect to certain items of note: • Board of Adjustment meeting March 20, 7 p.m. Two items are on this agenda: the Pacific Mobile Manor appeal regarding occupancy permits for trailers at this property, and a variance application from First State Community Bank for a ground sign in excess of the zoning district height requirements. The full meeting packet is included in the Board packet as reference. • Cemetery Committee meeting, March 25, 5:30 p.m. We have scheduled this meeting to review options for digitizing our cemetery records and producing updated cemetery maps. We have discussed options with a few different vendors and preliminary discussions seem promising. Depending on committee feedback, we may seek proposals from qualified vendors and consultants soon. • Planning and Zoning Commission, March 26, 7 p.m. Maria Brennan, Little Ireland Coffee, is requesting a CUP to conduct alcohol sales and also provide outside patio seating at her location at 125 N. First St. A copy of the application is included in the packet. We also intend to put a staff report on medicinal marijuana on the March 26 meeting agenda. We have had one inquiry on this topic, and our zoning code is silent on this type of use. It seems likely that we will need to amend the Zoning Code in some fashion to address both the cultivation and processing type use, and dispensary type use. We have just begun our research into this topic; further information is expected to be presented at upcoming meetings. Any Zoning Code amendment of course would be subject to public hearings and ultimately Board adoption. • Newsletter. The March newsletter was sent to the printer this week. Copies will be provided at the Board meeting. • Project updates. As the Board is aware, we have multiple projects and initiatives on our plate, but please feel free to contact me for updates at any time on any given project. I try to hit the main points in my Board report but if you have any individual concern please contact me and we will address it. As always, if you have questions or need further information please don’t hesitate to contact me. Respectfully submitted, Steve Roth City Administrator BILL NO. __4035____ ORDINANCE NO. ____________ SPONSOR: ______________ AN ORDINANCE PROVIDING FOR A BOUNDARY ADJUSTMENT BETWEEN THE CITIES OF EUREKA AND PACIFIC, RELATING TO CERTAIN PROPERTY LOCATED AT 18699 U.S. HIGHWAY 66 (ST. LOUIS COUNTY LOCATOR NUMBER 30X430018 WHEREAS, the Revised Missouri State Statutes authorize the transfer of jurisdiction and concurrent detachment and annexation of parcels by boundary adjustment; and WHEREAS, property owned by the Missouri Department of Corrections, State of Missouri at a location numbered 18699 U.S. Highway 66 (St. Louis County Locator Number 30X430018) lies within the Eureka City limits contiguous with the Pacific City limits; and WHEREAS, it has been determined that it is in the best interest of the City of Eureka and the City of Pacific to approve the boundary adjustment to transfer jurisdiction of the property described herein to facilitate the City of Pacific providing utility service to the subject property which the City of Eureka cannot reasonably provide; and WHEREAS, all provisions of Section 71.011 RSMo. authorizing such concurrent detachment and annexation have been met; and WHEREAS, there are no residents living in the area to be concurrently annexed and detached; and WHEREAS, a copy of the proposed ordinance was available for public inspection prior to consideration by the Board of Aldermen; and WHEREAS, the City of Eureka will be giving consideration to a proposed Ordinance approving such boundary adjustment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: SECTION 1: The area particularly described as follows: A tract of land in U.S. Survey 148 and Fractional Section 4 Township 43 North Range 3 East, lying within U.S. Survey 3064 in St. Louis County, Missouri, and more particularly described as follows: Beginning at the Northwest Corner of the Southwest Fractional ¼ of said Section 4; thence along the East and West Center section lines of said Fractional Section 4, South 88 Degrees 51 minutes East to the most Western corner of property conveyed to Fred A. Miller and wife by deed recorded in Book 2160 Page 293 of the St. Louis County records, thence South 52 degrees 15 minutes East along the Southwest line of said Miller property to the most Northern Corner of property conveyed to Clifford H. Dagenais and wife by deed recorded in Book 2212 Page 236 of the St. Louis County records, thence South 37 degrees 38 minutes West along the Northwest line of said property conveyed to Dagenais and wife, and property conveyed to Chester L. Sifford and wife by deed recorded in Book 2173 Page 521 of the St. Louis County records, property conveyed to William O. Forness and wife by deed recorded in Book 2393 Page 84, property conveyed to William E. Piskuilck and wife by deed recorded in Book 2329 Page 631, property conveyed to John A. Devine and wife by deed recorded in Book 3547 Page 126, and property conveyed to Mitchel Schrum, et al trustees for Pacific Heights Baptist Church, by deed recorded in Book 4727 Page 502, to the most Western Corner of said church property, thence South 52 degrees 15 minutes East along the Southwest line of said church property to the Northwest line of right of way of Missouri Pacific Railroad Company, thence South 37 degrees 38 minutes West along said Northwest line to its intersection with the Southwest line of property conveyed to Devine by deed recorded in Book 1975 Page 397, thence leaving said right of way line North 42 degrees 27 minutes West 20.564 chains to a point in the Northwest line of U.S. Survey 148; thence North 0 degrees 15 minutes East 3.12 chains to a point; thence North 57 degrees 40 minutes East, 3.09 chains to a point; thence North 0 degrees 15 minutes East 17.027 chains to the beginning. EXCEPTING THEREFROM, a strip conveyed to Missouri Pacific Railroad Company by deed recorded in Book 936 Page 65. is hereby declared to be concurrently detached from the City of Eureka and annexed by the City of Pacific pursuant to applicable procedures including those set forth in the applicable Revised Missouri Statutes, on the effective date of the ordinance enacted by the City of Eureka approving such transfer. SECTION 2: The City of Pacific, Missouri shall file a certified copy of this ordinance simultaneously with the filing of a certified copy of the related detachment ordinance adopted by the City of Eureka, Missouri in the office of the County Clerk of St. Louis County, the St. Louis County Assessor, the Recorder of Deeds of St. Louis County, and the Clerk of the Circuit Court of St. Louis County, at the cost of the City of Pacific. SECTION 3: The City Clerk for the City of Pacific is further authorized and directed to take any and all necessary steps to effectuate this concurrent detachment and annexation by and between the City of Pacific, Missouri and the City of Eureka, Missouri. SECTION 4: This ordinance shall be in full force and effect from and after the date of its passage and approval. PASSED this ________ day of ________________, 2019.________________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2018. __________________________ Steve Myers, MAYOR ATTEST: City Clerk BILL NO. _4036_____ ORDINANCE NO. ____________ SPONSOR: ______________ AN ORDINANCE PROVIDING FOR A BOUNDARY ADJUSTMENT BETWEEN THE CITIES OF EUREKA AND PACIFIC, RELATING TO CERTAIN PROPERTY LOCATED AT 18637 U.S. HIGHWAY 66 (ST. LOUIS COUNTY LOCATOR NUMBER 30X420026) WHEREAS, the Revised Missouri State Statutes authorize the transfer of jurisdiction and concurrent detachment and annexation of parcels by boundary adjustment; and WHEREAS, property owned by the City of Eureka at a location numbered 18637 U.S. Highway 66 (St. Louis County Locator Number 30X420026) lies within the Eureka City limits contiguous with the Pacific City limits; and WHEREAS, it has been determined that it is in the best interest of the City of Eureka and the City of Pacific to approve the boundary adjustment to transfer jurisdiction of the property described herein to facilitate the City of Pacific providing utility service to the subject property which the City of Eureka cannot reasonably provide; and WHEREAS, all provisions of Section 71.011 RSMo. authorizing such concurrent detachment and annexation have been met; and WHEREAS, there are no residents living in the area to be concurrently annexed and detached; and WHEREAS, a copy of the proposed ordinance was available for public inspection prior to consideration by the Board of Aldermen; and WHEREAS, the City of Eureka will be giving consideration to a proposed Ordinance approving such boundary adjustment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: SECTION 1: The area particularly described as follows: A parcel of land in U.S. Survey 148 within U.S. Survey 3064 and Fractional Section 4, Township 43 North, Range 3 East at a location numbered 18637 U.S. Highway 66 and described as follows: Beginning at an iron stake in the Northwest line of Highway 66, 165 feet Southwest from the most Southern corner of property as conveyed to Chester L. Stifford and wife, by deed recorded in Book 2173 page 521; thence North 52°14'40" West, 839.52 feet to a point; thence South 37°38' West 625.68 feet to a point; thence South 52°14'40" East, 824.52 feet to a point on the Northwest line of Old Highway 66; thence along said Highway North 37°38' East, 185.33 feet; North 52°22' West 25 feet; North 37°38' East, 325 feet; South 54°22' East, 40 feet and North 37°38' East, 118.32 feet to the point of beginning and containing 11.696 acres, more or less (St. Louis County Locator Number 30X420026) is hereby declared to be concurrently detached from the City of Eureka and annexed by the City of Pacific pursuant to applicable procedures including those set forth in the applicable Revised Missouri Statutes, on the effective date of the ordinance enacted by the City of Eureka approving such transfer. SECTION 2: The City of Pacific, Missouri shall file a certified copy of this ordinance simultaneously with the filing of a certified copy of the related detachment ordinance adopted by the City of Eureka, Missouri in the office of the County Clerk of St. Louis County, the St. Louis County Assessor, the Recorder of Deeds of St. Louis County, and the Clerk of the Circuit Court of St. Louis County, at the cost of the City of Pacific. SECTION 3: The City Clerk for the City of Pacific is further authorized and directed to take any and all necessary steps to effectuate this concurrent detachment and annexation by and between the City of Pacific, Missouri and the City of Eureka, Missouri. SECTION 4: This ordinance shall be in full force and effect from and after the date of its passage and approval. PASSED this ________ day of ________________, 2019.________________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2019. __________________________ Steve Myers, MAYOR ATTEST: City Clerk BILL NO. 4037 ORDINANCE NO. _____________ SPONSOR: Johnson AN ORDINANCE ESTABLISHING NEW STOP SIGNS AND A NEW NO LEFT TURN SIGN. WHEREAS, the Board of Aldermen has determined that public health and safety require new stop signs and a no left turn sign at the intersections described herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: Section 1: Title III, Schedule I, Table 1-A of the Code of Ordinances of the City of Pacific shall be amended by adding the following thereto: Street Direction of Traffic Stopping Husky Way Stop sign – northbound traffic at its intersection with Industrial Drive Pacific Estates Drive Stop sign – southbound traffic at its intersection with Thornton Street Heritage Farms Drive Stop sign – westbound traffic at its intersection with Highway N. Section 2: Title III, Schedule VII, Table VII-A of the Code of Ordinances of the City of Pacific shall be amended by adding the following thereto: Location Turn Restriction Westbound lane of Pacific Street No left turn on to S. Fourth Street at the approach of S. Fourth Street Section 3: This ordinance shall take effect and be in full force from and after its passage and approval. PASSED this ________ day of ________________, 2019.________________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2019. __________________________ Steve Myers, MAYOR ATTEST: City Clerk BILL NO. 4038 ORDINANCE NO. _______ SPONSOR:____________ AN ORDINANCE PROVIDING FOR CEMETERY FEES IN THE CITY OF PACIFIC, MISSOURI. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: Section 1. Section 135.070 of Article I of Chapter 135 shall be amended as follows: Section 135.070 Cemetery Fees. Fees for cemetery services shall be paid to the City Collector in the amounts forth in the table in this section. Any such fee shall be divided into two (2) parts, with the first (1st) part being transferred to the Cemetery Fund for maintenance and other costs of the City relating to the Cemetery and the second (2nd) part being paid to the Sexton or an entity designated by the Sexton for the charges relating to performing the service. The Sexton shall pay the fees to the City Collector in advance, unless for any reason, the City Hall is closed, whereupon the Sexton shall remit the fees on the next business day that City Hall is open. The Sexton shall perform the service consistent with the regulations established herein. The minimum services provided by the Sexton and included within the grave opening fee shall include the digging of the grave, marking or surveying of the grave location, the closing of the grave site in addition to such other items as may be required by the City. The Sexton shall maintain a minimum of eighteen (18) inches of cover over the burial container at the shallow end of all newly opened graves. Service Sexton Fee City Fee Total Fee Grave opening & $575.00 $250.00 $825.00 closing, regular Double depth full $875.00 $250.00 $1,125.00 burial Cremation urn $275.00 $250.00 $525.00 burial Cremation urn vault $415.00 $250.00 $665.00 burial Disinterment of $1,000.00 $250.00 $1,250.00 remains Section 2: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED this ________ day of ________________, 2019.__________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2019. _____________________ Steve Myers, MAYOR ATTEST: City Clerk AMENDED BILL NO. 4029 ORDINANCE NO.________ SPONSOR: Nemeth AN ORDINANCE REGULATING THE USE OF CELL PHONES WHILE DRIVING BY CITY EMPLOYEES. WHEREAS, MODOT has determined that cell phones contributed to 2,470 crashes in Missouri in 2016 and reported crashes involving cell phones increased 11% in 2016; and, WHEREAS, texting increases the risk of a car crash by 50% according to AAA; and, WHEREAS, a driver is 23 times more likely to be in a crash when texting and driving based upon research from Virginia Tech University; and, WHEREAS, the Board of Aldermen of the City of Pacific desires to protect its employees and other drivers from crashes caused by the use of cell phones. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: Section 1. All employees of the City of Pacific, while on duty and working, shall refrain from using a cell phone and / or other mobile devices while driving for talk or text, unless utilizing hands free or Bluetooth technology. This provision shall not apply to employee use of devices for mobile radio or car radio communications. Section 2. In the event of an emergency, while on duty and working, an employee may utilize a cell phone to talk or text without hands free or Bluetooth technology. Section 3. This Ordinance shall be in full force and effect 30 days after its passage by the Board of Aldermen and approval by the Mayor. PASSED this ________ day of ________________, 2019.________________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2019. __________________________ Steve Myers, MAYOR ATTEST: City Clerk BILL NO. 4032 ORDINANCE NO. _____ SPONSOR: _______________ AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2009 W. OSAGE STREET, FRANKLIN COUNTY PARCEL ID: 19-1-11.0-2-099-014.000, IN THE CITY OF PACIFIC WHEREAS, Select Motors Inc. has filed an application for a Conditional Use Permit to operate an automobile, marine and powersports sales, service, rental, leasing and finance operation at 2009 W. Osage Street, Franklin County Parcel ID 19-1-11.0-2-099-014.000; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on the application and, following the public hearing, has by a unanimous affirmative vote recommended approval of the Conditional Use Permit application as presented, subject to certain conditions as hereinafter set forth; and WHEREAS, the Board of Aldermen has received the Commission recommendation and desires to act on the application as presented. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: SECTION ONE. A Conditional Use Permit application from Select Motors Inc. to operate an automobile, marine and powersports sales, service, rental, leasing and finance operation at 2009 W. Osage Street, Franklin County Parcel ID 19-1-11.0-2-099-014.000, in the City of Pacific, is hereby authorized and approved, subject to the following conditions: a. No vehicle towing and storage allowed on premises b. No outside maintenance of vehicles allowed on premises c. Construction of a sight-proof fence per City of Pacific standards and further as shown on project plan sheet dated 02-2019 and attached hereto as Exhibit A d. Existing asphalt pavement to be overlayed as depicted on Exhibit A SECTION TWO. The Board of Aldermen finds the following facts pursuant to the provisions of City of Pacific Municipal Code Section 405.040.B: The proposed development: 1. Complies with all applicable provisions of the Land Use code; 2. Will contribute to and promote the community welfare or convenience; 3. Will not cause injury to the value of neighboring property and will not create a nuisance; 4. Is consistent with the Comprehensive Plan and existing zoning district provisions; 5. Does not raise concerns about adequacy of off-street parking and loading areas;  6. Does not raise concerns about erosion control and on-site stormwater detention; and 7. Will not substantially increase traffic congestion and noise. SECTION THREE. The Conditional Use Permit as herein authorized shall not be transferable to any other party, except as approved by the Board of Aldermen. SECTION FOUR. The Board of Aldermen therefore concludes as a matter of law that the Conditional Use Permit as herein approved is authorized pursuant to the provisions of City of Pacific Municipal Code Section 405.040.B and shall be subject to the terms and conditions as provided therein. SECTION FIVE. This Ordinance shall be in full force and effect both from and after its passage by the Board of Aldermen and approval by the Mayor. PASSED this ________ day of ___________2019. ______________________________ Steve Myers, MAYOR APPROVED this ________ day of _________2019. ______________________________ Steve Myers, MAYOR ATTEST: City Clerk  WSETEAM.COM SURVEYING & ENGINEERING .INC X OHE X OHE X OHE OHE ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE BILL NO. 4033 ORDINANCE NO. _____ SPONSOR: Adams AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 302-304 W. OSAGE STREET, FRANKLIN COUNTY PARCEL ID: 19-1-12.0-1-002-260.000, IN THE CITY OF PACIFIC WHEREAS, Kevin C. Hueffmeier has filed an application for a Conditional Use Permit to operate an automobile sales operation at 302-304 W. Osage Street, Franklin County Parcel ID 19-1-12.0-1-002-260.000; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on the application and, following the public hearing, has by a unanimous affirmative vote recommended approval of the Conditional Use Permit application as presented, subject to certain conditions as hereinafter set forth; and WHEREAS, the Board of Aldermen has received the Commission recommendation and desires to act on the application as presented. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: SECTION ONE. A Conditional Use Permit application from Kevin C. Hueffmeier to operate an automobile sales operation at 302-304 W. Osage Street, Franklin County Parcel ID 19-1-12.0-1-002-260.000, in the City of Pacific, is hereby authorized and approved, subject to the following conditions: a. No vehicle towing and storage allowed on premises b. No outside repair / maintenance of vehicles allowed on premises c. Construction / continuation of an existing sight-proof fence along west property line, per City of Pacific standards d. Existing pavement to be repaired, sealed SECTION TWO. The Board of Aldermen finds the following facts pursuant to the provisions of City of Pacific Municipal Code Section 405.040.B: The proposed development: 1. Complies with all applicable provisions of the Land Use code; 2. Will contribute to and promote the community welfare or convenience; 3. Will not cause injury to the value of neighboring property and will not create a nuisance; 4. Is consistent with the Comprehensive Plan and existing zoning district provisions; 5. Does not raise concerns about adequacy of off-street parking and loading areas; 6. Does not raise concerns about erosion control and on-site stormwater detention; and  7. Will not substantially increase traffic congestion and noise. SECTION THREE. The Conditional Use Permit as herein authorized shall not be transferable to any other party, except as approved by the Board of Aldermen. SECTION FOUR. The Board of Aldermen therefore concludes as a matter of law that the Conditional Use Permit as herein approved is authorized pursuant to the provisions of City of Pacific Municipal Code Section 405.040.B and shall be subject to the terms and conditions as provided therein. SECTION FIVE. This Ordinance shall be in full force and effect both from and after its passage by the Board of Aldermen and approval by the Mayor. PASSED this ________ day of ___________2019. ______________________________ Steve Myers, MAYOR APPROVED this ________ day of _________2019. ______________________________ Steve Myers, MAYOR ATTEST: City Clerk BILL NO. _______ ORDINANCE NO. _______ SPONSOR: Gass AN ORDINANCE ESTABLISHING THE POSITION OF CITY ENGINEER AND PROVIDING FOR THE QUALIFICATIONS AND DUTIES THEREOF. WHEREAS, the Board of Aldermen has determined to establish the position of City Engineer and to provide for the qualifications and duties thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PACIFC, MISSOURI, AS FOLLOWS: Section 1. The Code of Ordinances of the City of Pacific shall be revised by adding a new Article XIV to Chapter 115, as follows: Article XIV City Engineer 1. Establishment. The position of City Engineer is hereby established. The City Engineer shall be appointed by the Mayor with the consent and approval of a majority of the members elected to the Board of Aldermen. 2. Qualifications. The person appointed to the office of City Engineer shall possess a degree in civil engineering, public administration, construction management or business, and shall possess at least three years’ professional experience, preferably in a municipal government capacity. 3. Oath / Term / Removal. The person appointed to the office of City Engineer shall take the prescribed oath required of City Officers. The City Engineer shall hold office for a term to run concurrently with the Mayor by whom he/she was appointed and until his/her successor shall have been appointed and qualified. The City Engineer may be removed from office subject to provisions of Municipal Code or as otherwise provided by law. 4. Compensation. The City Engineer shall receive such compensation as the Board of Aldermen shall fix from time to time by ordinance or resolution. 5. Duties. The City Engineer, under the supervision of the City Administrator, shall have those duties as may be prescribed from time to time by the Mayor, City Administrator or Board of Aldermen. Duties may include, though not necessarily be limited to, the following: Supervising and directing the activities of the Public Works, Planning, Building and Code Enforcement departments of the City. The City Engineer may, in the event of a vacancy or absence in the office of Public Works Commissioner, Planning Director or Building Commissioner, fulfill such duties and responsibilities of each office until such time as such office or position is filled. In addition, the City Engineer shall serve as City Traffic Engineer, as provided in Section 305.100. Section 2.  This Ordinance shall be in full force and effect from and after its passage and approval. PASSED this ________ day of ________________, 2019.__________________________ Steve Myers, MAYOR APPROVED this ________ day of _________________, 2019. _____________________ Steve Myers, MAYOR ATTEST: City Clerk RESOLUTION NO. 2019-13 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH NB WEST CONTRACTING COMPANY RELATING TO EXTENSION OF CITY UTILITIES WHEREAS, the City of Pacific previously has given approval to a development plan for property at 18637 US Highway 66 owned by NB West Contracting; which said approval has been conditioned upon an agreement to extend City water and sewer utilities to the project site; and WHEREAS, in recognition of the mutual benefits to be derived by extension of City utilities to the project site, the City desires to enter into a cooperative agreement with NB West Contracting for said utilities extension; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN FOR THE CITY OF PACIFIC, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed, on behalf of the City of Pacific, to execute an Agreement with NB West Contracting extension of City water and sewer utilities to the NB West Contracting property, located at 18637 US Highway 66. The Agreement is attached hereto as Exhibit A and made fully a part hereof. Adopted by the Board of Aldermen and approved by the Mayor on this 19th day of March, 2019. Steve Myers, Mayor ATTEST: City Clerk  AGREEMENT This Agreement is made as of the _____ of _________, 2019 entered into by and between the City of Pacific, Missouri (“City”), acting by and through its duly elected Board of Aldermen, and N.B. West Contracting Company, (“West”). WHEREAS, West intends to construct an office building, maintenance building and other improvements on property located at 18637 US Highway 66 (“project site”) in the City of Pacific; and WHEREAS, the City has approved the project Site Development plan, contingent in part upon the City and West reaching agreement on extension of City water and sanitary sewer utility service to the site, as provided for in City Ordinance No. 3110; and WHEREAS, pursuant to City of Pacific Municipal Code, West, in its capacity as owner and developer of the property, is responsible for provision of water and sanitary sewer utility service to the project site; and WHEREAS, City water and sanitary sewer utility service is available at a location approximately one-half mile from the project site; and WHEREAS, the City and West may enter into a Cooperative Agreement pursuant to RSMo. Section 70.220; and WHEREAS, in recognition of the mutual benefits derived from the extension of the City’s water and sanitary sewer service to the project site, the parties wish to enter into a cooperative agreement to share the costs and responsibilities for constructing said water and sanitary sewer system improvements (“improvements”); NOW, THEREFORE, BE IT AGREED, as follows: 1. WEST RESPONSIBILITY. West shall provide for engineering services necessary to design the improvements in conformance with the City of Pacific Municipal Code, Missouri law and applicable regulations. Engineering plans shall be subject to approval by the City. West shall provide for all labor and equipment services necessary to construct the improvements as approved by the City. Labor and equipment services shall include, though not necessarily be limited to, the following: Directional and / or horizontal boring operators and equipment; trenching and excavating operators and equipment, dump trucks and drivers, general laborers. In performance of its work, West and / or its contractors shall work at the direction of the City and its Engineer and / or other duly designated representative. 1 2. CITY RESPONSIBILITY. The City shall acquire all permits necessary for the improvements, including but not limited to Missouri Department of Natural Resources construction permits and Missouri Department of Transportation right-of-way permits. The City shall be responsible for the permit application fees (if any). The City shall be responsible for the costs of all materials associated with constructing the improvements, including but not limited to water main piping, valves, hydrants and appurtenances, and sanitary sewer main piping and appurtenances. The “improvements” as herein described shall include only those sections of water and sanitary sewer main which shall become public upon acceptance of the City, and shall not include the costs of water and sanitary sewer service connections to the West project building(s) at the site. The City shall be responsible for procurement of utility easements, if any, necessary for construction of the work. 3. PREVAILING WAGE. West shall comply with applicable State provisions concerning the payment of prevailing wages on public works projects and shall require all subcontractors performing work for West to pay prevailing wages. Accordingly, all workers performing work under this Agreement shall be paid not less than the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of the State of Missouri. West shall provide certified payroll records and affidavits of compliance with the prevailing wage law. 4. ILLEGAL ALIENS AND IMMIGRATION STATUS VERIFICATION. Pursuant to Section 285.530, RSMo, West and / or its contractors shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services. West and / or its contractors shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 5. SAFETY TRAINING. The installation of improvements is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (“OSHA”) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. Employees found on the project site without 2  documentation of the required training shall have twenty (20) days to produce such documentation. 6. PAYMENT AND PERFORMANCE BONDS. Within ten (10) days of execution of this Agreement, West shall furnish a satisfactory Payment, Performance and Guarantee Bond with a good and sufficient surety authorized to do business in the State of Missouri in the amount of West’s expected costs for labor and equipment services as described in Paragraph 1. The Payment, Performance and Guarantee Bond furnished shall meet all requirements of Sections 107.170 and 290.250 of the Revised Statutes of Missouri, as amended, and shall guarantee the faithful performance of the installation of the improvements including payment of prevailing wage requirements of the State of Missouri. 7. INSURANCE. West shall obtain and maintain during the term of the installation of the improvements and this Agreement the insurance coverages set forth in this paragraph 7. Insurance policies providing required coverages shall be with companies licensed to do business in the State of Missouri and rated AA by Best or equivalent. All costs of obtaining and maintaining insurance coverages shall be an overhead cost of West and no additional payment will be made therefor by the City. a. Minimum coverages and amounts: • Employer's Liability $2,000,000 each person • Comprehensive Automobile Liability Insurance $2,000,000 each person • Bodily Injury $2,000,000 each accident • Property Damage $1,000,000 each accident • Comprehensive General Liability Insurance $2,000,000 each person • Bodily Injury $2,000,000 each person • Property Damage $1,000,000 each aggregate • Worker’s Compensation Statutory limits Before commencing any work, the Contractor shall provide to the City certificates of insurance evidencing the issuance and maintenance in force of the coverages required by this paragraph. Each such certificate shall show the City as an additional insured and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. 8. DISPUTE RESOLUTION AND LITIGATION COSTS. In the event of a default by either party, the non-defaulting party shall provide written notice thereof and the defaulting party shall have an opportunity for ten (10) days thereafter to cure such default. In any action brought 3  by a party hereto to enforce the obligations of any other party hereto, the prevailing party shall be entitled to collect from the opposing party to such action such party’s reasonable litigation costs and expenses (including court costs, reasonable fees of attorneys, accountants and experts and other expenses incidental to the litigation). 9. ADDITIONAL PROVISIONS. This agreement shall be executed by the parties before any building permits will be issued to West. This project shall be completed within nine (9) months of the date of this agreement, unless such deadline shall be extended by written agreement, signed by the parties hereto. The City shall, upon satisfactory completion of the project as determined by the City and its Engineer, accept ownership and maintenance responsibility for the public water main improvements and appurtenances. CITY OF PACIFIC N.B. WEST CONTRACTING, INC. By: ___________________________ By: __________________________ Its:____________________________ Its: __________________________ 4  Bill Hampton Enterprises, LLC INVOICE #1902 Right of Way Acquisition Consultant 1756 Rose Crest Court, DATE: MARCH 14, 2019 Hazelwood, MO 63042 Phone 314-401-4093 Email billhamptonent@gmail.com TO: FOR: Steve Roth, City Administrator RW Negotiation & Relocation Assistance Services City of Pacific City of Pacific 300 Hoven Dr. 222 North 1 st St. Project Pacific, MO 63069 Intersection Realignment DESCRIPTION PARCELS RATE AMOUNT DUE Acquisition Services beginning 01-03-2019 thru 03-14-2019 Included are these completed actions or services; Pursuant to the Consultant Services Agreement between the City of Pacific and Bill Hampton Enterprises, LLC, Authorized on 01-03-2019; BHE, LLC has completed the following 1/3 of Contract tasks; one (01) $650.00 Total Handle necessary documents, emails, propose a review appraiser, facilitate the review and approval of appraisal for just compensation, extend offer to the owner, perform inventory of personal property and establish a method of moving costs payment and reimbursable expenses for the owner. Document current property conditions in digital images. TOTAL $650.00 Make all checks payable to Bill Hampton Enterprises, LLC Thank you for your business!  Beautification Committee Wednesday, March 6, 2019 6:30 p.m. The Beautification Committee met on Wednesday, March 6, 2019 at City Hall, 300 Hoven Drive, Pacific, MO 63069 at 6:30 p.m. Call to order: Chairman Stotler called the meeting to order. Roll call: Committee members in attendance were Samantha Stotler, Heather Mulford, Matt Lowry, Angie Hardcastle, Amy Donovan. Absent: Board Liaison Alderman Nemeth. Other City officials present: Administrator Roth, City Clerk Barfield Others present: Bonnie Mueller, Angie Barrow. New Business: Chairman Stotler suggested we share our ideas. Angie stated she thought the area near the off ramp needed cleaned up. She also thought the electronic sign flipped messages to slow. Administrator Roth stated MoDot has standards we must comply with and there must be 8 seconds between each message. Matt proposed a decorating contest. One for Halloween and one for Christmas and shared a flyer with proposed ideas and divisions. Amy suggested focusing on the landscape by the welcome signs on each end of town. She also thought a sign or banner that went across the street at Viaduct & I-44 welcoming people would be a good idea. She also investigated a “Walk your City” program. The coordinates of the town are sent to this company and they send you small signs. The signs tell you how many minutes it takes to walk to the library for example. It is also supposed to promote a healthy community. Sam suggested redoing the whole area by McDonalds and replacing the sign. She obtained a bid from Rob Hoffmeier and shared examples of what he put together to redo the sign. She suggested having the sign by McDonalds redone and then giving a face lift to the signs at each end of town and they all match. She also obtained a bid from him for trimming the trees and debris along Osage, his cost is $ 1,200.00. Heather suggested working with the Partnership and doing upgrades downtown such as nice trash cans and benches. Chairman Stotler put all the ideas on a board and the committee members ranked each one. They all agreed the decorating contest was a great idea and they would come back to that later in they year. Results of the vote: Chairman Stotler will work on the design of the 3 welcome signs and coordinating them. Amy will investigate the “walking signs” more. Heather will talk to the Partnership about partnering with them with nice trash cans and benches. Old Business a. Details of clean-up day Matt will contact MoDot to see if the will supply trash bags and vests. Committee members agreed the clean up day should be in the spring. If MoDot has a date scheduled for this, they could work off that. b. Update on student council working on flower garden by City Hall Heather is working on this. Miscellaneous a. Franklin County Bi-centennial kites Administrator Roth stated the City has six kites. They are made of metal and three of them need painted. Originally staff thought of placing one at each of the parks, but they need painted or decorated somehow. Discussion followed. Committee members will come back to this. Public Participation Bonnie Mueller asked about the litter pickup along Denton Road, Industrial Drive, Candlewick Lane, Hwy N. She suggested trying to get the businesses to help in an effort for this. Administrator Roth stated the City has no regular trash or clean up day. She also asked about the area near the ramp and by Motomart. Administrator Roth stated MoDot is open to ideas of doing something different there, it would require the City enter into an agreement, but he would need something to propose. This would require the City to fund it. Next Meeting The next meeting is Wednesday, April 3, 2019 at 6:30 p.m. There being no further business, the meeting adjourned at 7:40 p.m. Public Notice posted in accordance with 610 RSMo as amended Date/Time Posted: Friday, March 15, 2019 4:30 p.m. BOARD OF ADJUSTMENT AGENDA Wednesday, March 20, 2019 7:00 p.m. 1. CALL TO ORDER: 2 ROLL CALL: 3. PUBLIC HEARINGS: A. BOA2019-01: A Public Hearing to consider a Variance application from Ziglin Signs for First State Community Bank to construct a ground sign at 302 W. St. Louis Street that is in excess of the Zoning Code height requirement. The maximum permitted height is five (5) feet for ground signs in this Zoning District and the applicant wants to construct a sign ten (10) feet in height. The property is located at the southwest corner of W. St. Louis Street and Third Street, parcel #19-1-12.0-4-003-068.000. 4. NEW BUSINESS: 5. OLD BUSINESS A. BOA2018-01: Continuance of a Notice of Appeal to appeal the Decision of the City Administrator in denying occupancy permits to 307 South Second, 309 South Second Rear, 311 South Second Rear, 313 South Second, 314 South Second, 319 South Second, 211 West Congress and 213 West Congress all located within Pacific Manor Mobile Home Park. Also to appeal the decision of the City Administrator to not grant occupancy permits to 303 South Second Street and 311 South Second Street, also within the Pacific Manor Mobile Home Park. Marty Heck, applicant. 6. ADJOURNMENT This Meeting is Open To The Public  CITY OF PACIFIC RECORD OF PROCEEDINGS REGULAR MEETING OF THE BOARD OF ADJUSTMENT COMMISSION AT THE PACIFIC CITY HALL, 300 HOVEN DRIVE JANUARY 16, 2019 The Board of Adjustment Commission Hearing was called to order by Chairman Kelley at 7:00 P.M. on January 16, 2019, at Pacific City Hall, 300 Hoven Drive, Pacific, Missouri. The roll call was taken with the following results: PRESENT ABSENT Benton Kelley Bill Devine Mike Pigg Bryan Vatterott Rita Duncan Administrator Steve Roth, Dan Rahn and Rae Cowsert were also in attendance Before any business was conducted, the election of officers was held. Bryan Vatterott nominated Mike Pigg as Chairman and it was seconded by Rita Duncan. A voice vote was taken and the motion was approved 5-0. Benton Kelley made a motion to nominate Bryan Vatterott as Secretary and it was seconded by Mike Pigg. A voice vote was taken and the motion was approved 5-0. OLD BUSINESS: A. BOA2017-04: Continuance of a Variance request to attach a garage to the house Located at 240 W. Union Street. John Painter, applicant. Benton Kelley and Dan McClain had questions about the adjoining of the two buildings. They asked for a continuance on this until they had clarification from staff on their questions. The staff with the attorney have concluded there is no Variance needed for the attachment of the two structures. PUBLIC HEARINGS: 1. BOA2018-02: A Notice of Appeal from Mark Boevingloh, property owner, to appeal the decision of the City Administrator regarding property located at the southeast corner of W. Park Street and N. Second Street, lots 11 and 12 T. M. Aults  Addition; Franklin County Parcel ID 19-1-12.0-1-004-026.000. The City has determined the property in question cannot be built on because it does not meet the minimum dimensional requirements as provided for in the R-1A Zoning District and does not meet the front setback requirement. Mark Boevingloh, applicant. The public hearing was opened by Chairman Pigg. Administrator Roth presented the Commission with new information that has been received. Mr. Mark Boevingloh stated the house would be approximately 1,100 square feet. The house would face West Park but access would be off of North Second Street. City Attorney Bob Jones stated the frontage on West Park is 50 feet and the frontage on North Second is 122 feet. Thomas Kent, 118 W. Park Street. Mr. Kent stated he feels if there is a house buildt on that lot it would overlook his house and would be able to see in his windows. He stated he is also concerned about water drainage. Commissioner Pigg stated no one can cause runoff onto someone else’s property. Administrator Roth stated the lots would have to be consolidated with approval from Planning and Zoning. There being no further comments or questions, the public hearing was closed. A motion was made by Commissioner Kelley and seconded by Commissioner Devine to approve the notice of appeal. A vote was taken with the following results: Ayes, Commissioner Kelley, Commissioner Devine, Chairman Pigg, Commissioner Vatterott, Commissioner Duncan; Nays, none. The motion was approved 5-0. 2. BOA2018-01: A Public Hearing for a Notice of Appeal to appeal the decision of the City Administrator in denying occupancy permits to 307 South Second, 309 South Second Rear, 311 South Second Rear, 313 South Second, 315 South Second, 319 South Second, 211 West Congress and 213 West Congress all located within Pacific Manor Mobile Home Park. Also, to appeal the decision of the City Administrator to not grant occupancy permits to 303 South Second Street and 311 South Second Street, also within Pacific Manor Mobile Home Park. Marty Heck, applicant Chairman Pigg opened the Public Hearing. Attorney Bob Jones stated this hearing will be a little more formal. The court recorder took the minutes from this point for this hearing. A motion was made by Commissioner Devine and seconded by Commissioner Duncan to table the decision on this hearing until the next meeting. A vote was taken with the following results: Ayes, Commissioner Devine, Chairman Pigg, Commissioner Vatterott, Commissioner Duncan, Commissioner Kelley. This hearing will be tabled until a mutually agreeable date. ADJOURNMENT Chairman Pigg stating there being no further discussion, the hearing was adjourned at 9:52 p.m. 300 Hoven Drive 636-271-0500 Pacific, MO 63069 www.pacificmissouri.com February 28, 2019 Notice of Public Hearing Notice is hereby given than at 7 p.m. Wednesday, March 20, 2019, or shortly thereafter, at Pacific City Hall, 300 Hoven Drive, a public hearing will be held by the Board of Adjustment of the City of Pacific, to hear an application for a variance from Ziglin Signs, on behalf of First State Community Bank, property owner, to construct a ground sign at 302 W. St. Louis Street that is in excess of the Zoning Code height requirement. The maximum permitted height is five (5) feet for ground signs in this Zoning District; the applicant is requesting a variance to construct a sign ten (10) feet in height. The property is located at the southwest corner of W. St. Louis Street and Third Street, Franklin County Parcel ID: 19-1-12.0-4-003-068.000. Anyone interested in the proceedings will be given an opportunity to be heard. Further information on this proposal is available from Pacific City Hall, 300 Hoven Drive, or by calling 636-271-0500 ext 213. A copy of the application may be found online at www.pacificmissouri.com. Board of Adjustment City of Pacific, MO