JOURNAL OF THE CITY COUNCIL Regular Session – December 18, 2007
COUNCIL & STAFF PRESENT:
Martha Rowe Mayor
Jill McCord Mayor Pro Tem
Tom Mayer Council Member
Aaron Rodgerson Council Member
Howard Hickman City Attorney
Mari Macomber City Manager
Sarah Halstead Deputy City Clerk
Laura Guy Finance Director
John Buckwalter Public Works Director
Jim Hughes Police Chief
Randy Behrens Fire Chief
Brad Selby Code Administrator
Absent:
Jeff Newton Council Member
The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, December 18, 2007, at 6:30 p.m. in the City Hall Council Chambers.
INVOCATION/PLEDGE
Council Member (Reverend) Aaron Rodgerson 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 December 4, 2007; seconded by Council Member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
ORDER OF AGENDA
Council Member Mayer moved to approve the agenda, as distributed; seconded by Council Member Rodgerson. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
INFORMATION PRESENTATION
None.
CITIZEN PARTICIPATION
None.
Bill No. 2007-51 [Ordinance No. 11816]
AN ORDINANCE APPROPRIATING FROM THE REVENUE OF THE CITY OF KIRKSVILLE, MISSOURI, EXPENDITURES IN ACCORDANCE WITH THE FISCAL YEAR 2008 BUDGET OF THE CITY OF KIRKSVILLE, MISSOURI AND PROVIDING FOR ADJUSTMENTS THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, MISSOURI AS FOLLOWS:
SECTION 1. The Annual Budget of the City of Kirksville, Missouri, aggregating $25,018,422, for the fiscal year commencing January 1, 2008 and ending December 31, 2008, as submitted by the City Manager and incorporated herein by reference as is fully set out in this ordinance, is hereby approved.
SECTION 2. This ordinance shall be in full force and effect from and after January 1, 2008.
Council Member Rodgerson moved to adopt Bill No. 2007-51 on second reading; seconded by Council Member Mayer.
Finance Director, Laura Guy, stated that no changes have been made to Bill No. 2007-51 since the prior reading and Public Hearing of December 4, 2007.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
ACTION PRESENTATIONS
Bill No. 2007-54
AN ORDINANCE GRANTING THE REISSUANCE OF A SPECIAL USE PERMIT ON REAL ESTATE DESCRIBED AS 1301 COTTAGE LANE.
Council Member Rodgerson moved to adopt Bill No. 2007-54 on first reading; seconded by Council Member Mayer.
Code Administrator Brad Selby explained that this is an extension of a Special Use Permit for Raymond and Janet White of 1301 Cottage Lane. The White’s have a lawnmower parts and repair business that has been in operation since 1999 when their permit was originally approved. In 2003 the permit was reissued, and the White’s are now requesting the Special Use Permit be made permanent without an expiration date. The Planning and Zoning Commission approved the request on December 12, 2007, with stipulations that the hours of operation remain at 8:00a.m. to 6:00p.m., and that the mowers and repair activity remain inside the building. City staff supports approval of the permanent extension with the stipulations. No complaints from neighbors or citizens have been received in verbal or written form. There are other businesses in the Community with open ended Special Use Permits.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Bill No. 2007-55
AN ORDINANCE GRANTING THE REISSUANCE OF A SPECIAL USE PERMIT ON REAL ESTATE DESCRIBED AS 301 SOUTH COTTAGE GROVE.
Council Member Mayer moved to adopt Bill No. 2007-55 on first reading; seconded by Council Member Rodgerson.
Code Administrator, Brad Selby, reported on another ordinance asking for approval for an extension of a Special Use Permit for Mac and Jill McCord. A Special Use Permit for a Bed and Breakfast was originally approved in 2001, and they are requesting a Permanent Special Use Permit without an expiration date. There are other bed and breakfasts in the City that have open ended permits. The Planning and Zoning Commission approved the Permanent Special Use Permit on December 12, 2007, with a stipulation that the operation of business is not disruptive to the neighborhood. City staff is in support of this Permanent Special Use Permit.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – abstain; Newton – absent; Rodgerson – aye. Ayes – 3; Nays – none; Absent–1; Abstain – 1.
Bill No. 2007-56
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF KIRKSVILLE, MISSOURI REGULATING MOTOR VEHICLES AND TRAFFIC.
Council Member Mayer moved to adopt Bill No. 2007-56 on first reading; seconded by Council Member McCord.
Police Chief Jim Hughes stated that months ago the Child Development Center found a new location at 2805 S. Halliburton, and they want a school zone for their new location. There was concern of setting a precedence between a daycare center and preschool. Hughes requested further information and the Child Development Center provided him with the needed documents. Hughes and Buckwalter concurred that it could be considered a School Zone. The City Ordinance specifies that school zones are only allowed for public schools. Mary Immaculate School has a 20mph posted school zone, which is prohibited by current Ordinances. Hughes suggested removing the word “Public” from the definition, which would allow the City to establish a school zone where they see fit. Hughes said it may become necessary to define what a “school” is, in the future. This would also make the school zone at Mary Immaculate comply with the Code. Hughes pointed out one other minor change to the Ordinance - to update the name of Missouri State Teacher’s College to Truman State University. City staff is in support of the ordinance and the addition of a School Zone at the Child Development Center.
Hughes stated that the word “public” would be deleted to change it to “school building within the corporate City limits”. If it becomes an issue, the City Attorney will be consulted to determine what would be considered a school.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
City Manager Mari Macomber explained that the Council Policies that follow have been discussed in a Council Study Session, and each staff member will explain in detail the recommended changes.
Code Administrator Brad Selby said that the City Staff was anticipating receiving funds to repair sidewalks in 2008. In order to get the City’s sidewalks in good condition, the decision was made to concentrate on ten different areas and as a ten-year project. City staff inspected the properties in the first section, and determined what needs to be replaced. The staff estimates the cost to be about $4.00/square foot in 2008, and the City would reimburse half of the total for parts and materials to do the work. Staff tried to refine what the citizens need to do to streamline it as much as possible. This policy reflects those changes, and includes the rebar requirements. Selby said the Staff made sure it was readable and reflected what needs done in the next ten years. There is approximately $25,000 budgeted for the project, and $18,000 will be needed for this year. The remaining amount will be used to assist other parts of town.
Selby further explained that there will be an agreement prior to any work being done, and the individual will pay for labor and all of the work up front. The City will then inspect the work to see that it is done satisfactorily. The City will then reimburse them for the materials based on the square feet.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
City Council Policy #7—Special Events and Parks Reservation
Finance Director Laura Guy explained that the Risk Coordinator handles special events for the City, and this policy is to make some wording changes and add clarification. In Section 2.2 the changes are to delineate which events come under the application process. The next issue is to determine who needs insurance, which is addressed under the Regulation Section. that before you would have fill out an application if there were one hundred people and/or fifty vehicles or more. This policy change raises the number to one hundred and fifty people or more. Guy said that the Staff researched some other cities and used them as a template. To bring the policy up to date the policy states the City will take reservations by email and refers citizens to the website.
City Manager Macomber stated that the policy was changed so that multiple applications could be submitted at one time. One reason for this policy change was the Rotary Park committee wanted the City to relax the requirements and standards for insurance. The City increased the number of people allowed at one event by 50. If the City sponsors an event, it will not have to go through this process.
Guy said that some events will always require a Special Events Application and Insurance, because of liability.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Public Works Director John Buckwalter explained that Policy #12 establishes the replacement schedule for the fleet and supporting equipment. A change is being proposed to make sure it follows the Council purchasing policy regarding purchase of state contract vehicles. The previous policy would have required the City to use state vehicle bids without the option of considering local bids. Staff reviewed the vehicle replacement schedule in more detail, identifying the vehicles by use. Buckwalter reviewed the American Public Works Association’s Fleet Management guidelines and developed a guideline to look at for five-year plan budgeting. Staff will identify the all vehicles on the replacement list and compare them to the replacement criteria. The staff will then present a plan on which vehicles need to be replaced, which ones will be rolled over to the secondary fleet, and which ones will be kept.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
City Manager Mari Macomber said that the City has not had money for scholarships. The fees have been set to cover costs without deterring people from being able to afford to use the Aquatic Center. The City eliminated punch passes because they expired before all of the punches were used and the citizens were unhappy. The current system factors in the costs, and works with organizations based on individual needs. Steve Bell has been working with ATSU and establishing a fee for students. Council’s direction has been to make the Aquatic Center cover its costs, and the previous system didn’t allow for expenses to be covered.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Purchase of Platform Truck from Brindlee Mountain Fire Apparatus, LLC
Fire Chief Randy Behrens said that the Fire Department looked at a 100’ truck in Pennsylvania, and another in West Seneca, New York. The E-ONE’s body was in better condition; it has a tilt cab allowing easier access to the motor; the basket controls were smooth; it has an aluminum ladder versus a steel ladder; it has less miles; it has fewer hours; and it is four years newer than the one in Pennsylvania. The E-ONE also has a 1750 gallon per minute pump, and an 8000 watt hydraulic generator. The other truck’s controls were not as easy to handle, and someone could be thrown from the basket.
Behrens explained that the City originally bid out a 100’ truck, and it would have cost approximately $804,000. The E-ONE has 13,204 miles on it, and is for sale because it was more truck than the previous owners needed.
Macomber stated that Brindlee Mountain Fire Apparatus, LLC will drive the truck to Missouri, rather than hauling it on a trailer. Brindlee will probably be liable for the delivery, but this will be confirmed with Brindlee prior to any delivery.
The Council is asked to approve the purchase of the truck, and financing vs. leasing will be discussed. Macomber said another reason for purchasing a used truck is because there are fewer calls that require the platform truck than the pumper trucks, and this will allow the City to replace the more important pumpers easily.
Behrens explained that not all of the equipment is on the E-ONE so there will be a few changes, such as decals, that will require Council approval.
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Macomber explained that there are three terms of the Lakes, Parks, and Recreation Commission that expire in January. Marsha Jones and Carol Cox are both contributing members, who have served one year and are agreeable to continue serving. Macomber said that there is one more opening after these three are approved if the Council has someone they would like to ask to serve
The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Second Reading of Ordinances
Bill No. 2007-54 [Ordinance No. 11819]
AN ORDINANCE GRANTING THE REISSUANCE OF A SPECIAL USE PERMIT ON REAL ESTATE DESCRIBED AS 1301 COTTAGE LANE.
WHEREAS, Raymond and Janet White, the owners of the real estate listed above, have filed a petition requesting the re-issuance of their Special Use Permit as provided by Article 25-99 of the Zoning Ordinance of the City of Kirksville, Missouri. The previous Special Use Permit was issued in January of 2003, for a period of five (5) years. The land covered by said request is as follows, to-wit: 1301 Cottage Lane, and is legally described as:
A tract of land in the SW ¼ of Section 10, Township 62, Range 15, in the City of Kirksville, Adair County, Missouri described as follows: Beginning at the Southwest Corner of Lot 9, of Cottage Lane Avenue 56 feet to set iron rod: thence parallel to the West lot line of said Lot 9, 108 feet to set iron rod; thence East parallel to the North right of way line of Cottage Lane Avenue, 56 feet to found iron rod; thence South along the West lot line of Lot 9, 108 feet to the point of beginning, containing 6048 square feet; and
WHEREAS, said petition requests the right to use said property for use and occupancy of a lawn mower parts and repair business; and
WHEREAS, that said request is for a permanent, open-ended period of time, unless revoked after review and recommendation by the Planning and Zoning Commission, and by resolution of the City Council, as provided by Section E, Article 25-99 of the Zoning Ordinance of the City of Kirksville, Missouri; and
WHEREAS, said business will operate under the following stipulations:
1. business hours will remain between the hours of 8:00 a.m. and 6:00 p.m.
2. the mowers and repair activity will be kept inside the accessory building.
3. the operation of the business will not be disruptive to the neighborhood, and
WHEREAS, the Planning and Zoning Commission of the City of Kirksville, Missouri, approved said request at its meeting of December 12, 2007,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, MISSOURI, AS FOLLOWS:
That a permanent Special Use Permit is hereby reissued to Raymond and Janet White to use the above described property for the use and occupancy of a lawn mower parts and repair business.
This ordinance shall be effective from and after the date of its passage.
Bill No. 2007-55 [Ordinance No. 11820]
AN ORDINANCE GRANTING THE REISSUANCE OF A SPECIAL USE PERMIT ON REAL ESTATE DESCRIBED AS 301 SOUTH COTTAGE GROVE.
WHEREAS, Mac and Jill McCord, the owners of the real estate listed above, have filed a petition requesting the re-issuance of their Special Use Permit as provided by Article 25-99 of the Zoning Ordinance of the City of Kirksville, Missouri. The previous Special Use Permit was issued in April of 2001. The land covered by said request is as follows, to-wit: 301 South Cottage Grove,
and is legally described as:
A tract of land in the Southeast Quarter of the Northwest quarter of Section 10, Township 62, Range 15, Adair County, Missouri and being more particularly described as follows: Beginning at the Northwest corner of said Southeast Quarter of the Northwest Quarter, thence along the North line of said Southeast Quarter of the Northwest Quarter, Thence South 89 degrees 05 minutes 15 seconds East 332.58 feet, thence South 0 degrees 37 minutes 30 seconds West 198.00 feet, thence North 89 degrees 05 minutes 15 seconds West 332.58 feet, thence North 0 degrees 37 minutes 30 seconds East 198.00 feet to the point of the beginning; and
WHEREAS, said petition requests the right to use said property for use and occupancy as a Bed and Breakfast establishment; and
WHEREAS, that said request is for a permanent, open-ended period of time, unless revoked after review and recommendation by the Planning and Zoning Commission, and by resolution of the City Council, as provided by Section E, Article 25-99 of the Zoning Ordinance of the City of Kirksville, Missouri; and
WHEREAS, said business will operate under the following stipulation:
1. the operation of the business will not be disruptive to the neighborhood, and
WHEREAS, the Planning and Zoning Commission of the City of Kirksville, Missouri, approved said request at its meeting of December 12, 2007,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, MISSOURI, AS FOLLOWS:
That a permanent Special Use Permit is hereby reissued to Mac and Jill McCord to use the above described property for the use and occupancy as a Bed and Breakfast establishment.
This ordinance shall be effective from and after the date of its passage.
Bill No. 2007-56 [Ordinance No. 11821]
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF KIRKSVILLE, MISSOURI REGULATING MOTOR VEHICLES AND TRAFFIC.
WHEREAS, enforcement issues/questions arise, on a regular basis, that result in a review of portions of the current City of Kirksville Code of Ordinances; and
WHEREAS, that review will periodically identify changes that need to be made in the current City of Kirksville Code of Ordinances; and
WHEREAS, the proposed change is recommended to more efficiently bring the written code into compliance with recommendations to resolve identified problems, made by the Police Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF KIRKSVILLE, MISSOURI AS FOLLOWS:
I. Chapter 15, Section 446 of the code is amended as follows:
The definition of School district shall be changed as follows:
“…including the streets adjacent to the block on which stands any public
school building within the corporate limits of the city. This definition also
applies in like manner to the streets and buildings of the state
teacher’s college Truman State University in the city.”
II. Effective Date
The modifications to this ordinance shall be effective from and after its date of passage.
III. Incorporation into the City of Kirksville Code of Ordinances
The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Kirksville, Missouri as an addition or amendment thereto.
Council Member Rodgerson moved to adopt Bill No. 2007-54 and Bill No. 2007-56 on second reading; seconded by Council Member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – aye; Newton – absent; Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Council Member Rodgerson moved to adopt Bill No. 2007-55 on second reading; seconded by Council Member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council Members: Mayer – aye; McCord – abstain; Newton – absent; Rodgerson – aye. Ayes – 3; Nays – none; Absent–1; Abstain – 1.
Council Comments
City Manager Macomber asked the Council to sign a letter to the Kirksville R-III School Board recognizing their recent recognition as one of twenty-nine high schools in the state of Missouri recognized by US News and World Report for the standards they have set.
Adjournment
Council Member Mayer moved to adjourn to an executive session regarding a Personnel Matter RsMO 610.021(3); seconded by Council Member Rodgerson. The Deputy City Clerk called the roll as follows: Mayor Rowe – aye; Council Member Mayer – aye; Council Member McCord – aye; Council Member Newton – absent; Council Member Rodgerson – aye. Ayes – 4; Nays – none; Absent–1.
Mayor Rowe adjourned the meeting to executive session at 7:31p.m.
Sarah Halstead
Deputy City Clerk