JOURNAL OF THE CITY COUNCIL Regular Session – October 2, 2007
COUNCIL & STAFF PRESENT:
Martha Rowe Mayor
Jill McCord Mayor Pro Tem
Tom Mayer Council Member
Jeff Newton Council Member
Aaron Rodgerson Council Member
Howard Hickman City Attorney
Mari Macomber City Manager
Sarah Halstead Deputy City Clerk
Jack Schuster Deputy Public Works Director
Jim Hughes Police Chief
Randy Behrens Fire Chief
Laura Guy Finance Director
The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, October 2, 2007, at 5:30 p.m. in the City Hall Council Chambers.
INVOCATION/PLEDGE
Michael McCormack, First Presbyterian Church, gave the invocation.
The Mayor and Council led the Pledge of Allegiance.
MINUTES
Council Member McCord moved to approve the minutes of the regular session of September 18, 2007; seconded by Council Member Rodgerson. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
ORDER OF AGENDA
Council Member McCord moved to approve the agenda, as distributed; seconded by Council Member Newton. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
INFORMATION PRESENTATION
Mayor Rowe presented Finance Director, Laura Guy, with the Distinguished Budget Award. City Manager Macomber informed the Council that the budget process includes everyone that works in the City. Macomber stated that Guy puts the pieces together and makes sure the budget meets GFOA standards. Macomber said the award is recognition of the efforts of all involved.
Mayor Rowe read a proclamation that proclaims October 10, 2007, as “Put the Brakes on Fatalities Day”.
CITIZEN PARTICIPATION
None.
None.
ACTION PRESENTATIONS
Bill No. 2007-46 [Ordinance No. 11812]
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH VERIZON WIRELESS.
Council Member McCord moved to adopt Bill No. 2007-46 on first reading; seconded by Council Member Rodgerson.
Laura Guy, Finance Director, explained that the settlement process began two years ago when the State of Missouri passed a bill to tax wireless providers. Many companies have protested the taxing of their services, and joined a lawsuit with at least seven other companies. Guy stated that Verizon is the first to settle and stop protesting, and will now make settlement payments. Guy said that Verizon Wireless presented an amount of $7900.00 in back taxes. Guy also said that she believes others will settle, and requested the Council allow the City to participate in this class action settlement agreement.
Macomber stated that once the Council approves this Ordinance, the City will accept the $7900 from Verizon.
Council Member Newton asked if Verizon will begin paying their taxes from this point on, and Guy stated that part of the agreement is that Verizon will begin paying their future taxes to the City.
The Council voiced concerns as to how the dollar amount was calculated. City Attorney Hickman stated that Verizon calculated the dollar amounts the same for all cities involved in the suit with the same methodology and feels the calculations are accurate representations of the amount Verizon owes each city.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
Used Ladder/Platform Trucks—Travel
Council Member Mayer moved to approve travel for designated City personnel to inspect and evaluate used ladder/platform trucks; seconded by Council Member Newton.
Fire Chief, Randy Behrens, explained that this motion is to allow personnel to look for a used ladder/platform truck to purchase. Behrens said this expense is not allowed for in his budget, and the Staff wanted to make the money available to move forward with the purchase.
Macomber said the City Staff felt this decision should be brought before the Council for discussion to make sure everyone was in agreement. Macomber stated that the Fire Department will do a lot of research before taking any trips.
Behrens said that the Fire Department will put something together for the Council with pictures, specifications, etc, of the trucks that they have found before they travel to look at them. Behrens said they will hopefully be able to look at some trucks this year if at all possible.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
Ladder/Platform Truck Deposit
Council Member Mayer moved to approve the placement of a deposit in an amount not to exceed the required minimum from the selected fire truck dealer, who has a ladder/platform truck that meets both the City’s required specifications and mechanical inspection; seconded by Council Member Newton.
Fire Chief, Randy Behrens, stated that this motion is a continuation from last week’s Council Study Session discussion to make sure the money would be available with the Council’s approval.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
Carbon Purchase
Council Member Newton moved to approve the purchase of one load of Calgon branded powdered activated carbon from GS Robins, Inc. in lieu of one load of Hydrodarco B branded carbon from Univar, Inc.; seconded by Council Member Mayer.
Deputy Public Works Director, Jack Schuster, explained that the City would like to try a new brand of carbon at the Water Treatment Plant, and this brand has to be purchased from a vendor not yet approved by the Council. Schuster explained that there is also an additional cost for this Carbon. The Staff would like to try this Carbon and see if this brand would be more acceptable to the TOC’s, if it would clean up better, and if it would save the City money in the long run. Schuster explained that the City hopes to find more conclusive data to present to the Council with this purchase.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
City Street Use—Octoberfest
Council Member Mayer moved to approve the use of a city street from Brad Steenhoek, for a United Way Fund Raising event (Octoberfest); seconded by Council Member Rodgerson.
Police Chief, Jim Hughes, stated that this is the third year in a row for this request, and there have been no problems in the past. Hughes stated it has been a fairly well run event in the past.
Macomber stated that she and City Attorney Hickman have spent a lot of time talking with the theater owner in regards to their agreement and easement, and the owner has agreed to the street closing.
Hickman said that he is fairly confident that as long as the theater owner has approved it there should be no problem.
Hughes stated that he spoke with the owner earlier that day and confirmed approval for Octoberfest and the Red Barn Festival.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – abstain; Rodgerson – aye. Ayes – 4; Abstention –1; Nays – none.
Second Reading
Bill No. 2007-46 [Ordinance No. 11812]
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH VERIZON WIRELESS.
WHEREAS, the City of Kirksville, Missouri (the “Plaintiff”) is either a named plaintiff or a putative class member in a lawsuit to recover unpaid Business License Taxes (as defined in the Settlement Agreement described below), which lawsuit is styled City of University City, Missouri, et al v. AT&T Wireless, Services, Incl. et al., No. 01—CC-004454, and is pending in the Circuit Court of St. Louis County, Missouri (the “Lawsuit”); and
WHEREAS, the Plaintiff and Verizon Wireless (as defined in the Settlement Agreement) wish to avoid the expense and uncertainty of continued litigation and desire to settle their dispute(s) without further litigation; and
WHEREAS, a settlement agreement settling the Lawsuit was signed by the named plaintiffs (as class representatives) and Verizon Wireless, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on August 30, 2007 (the “Settlement Agreement”); and
WHEREAS, the Plaintiff and Verizon Wireless have conducted an investigation and evaluation of the facts and the law relating to the claims in the Lawsuit and believe that the Settlement Agreement is fair, reasonable, adequate and in the best interest of all the parties; and
WHEREAS, pursuant to the Settlement Agreement, the Plaintiff has received a Notice of Class Action Settlement and Approval Hearing, incorporated herein by reference, and a Verizon Wireless Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the Total Past Tax Consideration (as defined in the Settlement Agreement) that will be paid and released to the Plaintiff pursuant to the Settlement Agreement after the Settlement Agreement becomes Final (as defined in the Settlement Agreement); and
WHEREAS, the Plaintiff desires to approve and accept the Settlement Agreement and the Total Past Tax Consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF KIRKSVILLE, MISSOURI, AS FOLLOWS:
Section One. The City of Kirksville, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Kirksville, Missouri and Verizon Wireless, and as if the City of Kirksville, Missouri was an original signatory there.
Section Two. The City of Kirksville, Missouri further approves the Total Past Tax Consideration of $7,916.26 as shown on the Verizon Wireless Municipal Tax Settlement Claim Form, along with the other relief provided in the Settlement Agreement, as adequate consideration for the release of claims by the City of Kirksville, Missouri against Verizon Wireless as provided for in the Settlement Agreement.
Section Three. The City Manager of the City of Kirksville, Missouri on behalf of the Plaintiff is hereby authorized and directed to execute the Verizon Wireless Municipal Tax Settlement Claim Form and any other documents necessary under the Settlement Agreement.
Section Four. The City of Kirksville, Missouri, reserves the right to conclude settlement agreements with other wireless telecommunications service providers in the Lawsuit depending upon the circumstances of each case.
Section Five. This Ordinance shall be in full force and effect after passage and approval as required by law.
Council Member Rodgerson moved to adopt Bill No. 2007-46 on second reading; seconded by Council Member Newton. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
Council Comments
None.
Adjournment
There being no further business to come before the Council, Council member McCord moved to adjourn; seconded by Councilmember Newton. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – aye; Rodgerson – aye. Ayes – 5; Nays – none.
Mayor Rowe adjourned the meeting at 6:00p.m.
Sarah Halstead
Deputy City Clerk