JOURNAL OF THE CITY COUNCIL Regular Session – January 15, 2008

COUNCIL & STAFF PRESENT:

Martha Rowe Mayor

Tom Mayer Council member

Jill McCord Council member

Aaron Rodgerson Council member

Howard Hickman City Attorney

Mari E. Macomber City Manager

Vickie Brumbaugh City Clerk

Steve Bell Community Services Director

John Buckwalter Public Works Director

Laura Guy Finance Director

Jim Hughes Police Chief

The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, January 15, 2008, at 5:30 p.m. in the City Hall Council Chambers.

INVOCATION/PLEDGE

Reverend Michael McCormack, of the First Presbyterian Church, gave the Invocation.

The Mayor and City Council led the Pledge of Allegiance.

MINUTES

Council member McCord moved to approve the minutes of the regular session of December 18, 2007; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

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; Rodgerson – aye. Nays – none.

INFORMATION PRESENTATION

Cindy Hultz, Rapid Response Coordinator for the Northeast Missouri Workforce Investment Board, and Jackie Johnson, State Coordinator, reported that Ortech is in the process of laying off employees in February and March for a total of 100 workers. They will be meeting with workers prior to the layoff to provide services on how to access unemployment insurance, food stamps, locating other employment, preparing a resume, etc. Ortech will have 84 remaining employees after the layoff.

CITIZEN PARTICIPATION

None.

ACTION PRESENTATIONS

BILL NO. 2008-01

AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T MOBILITY.

Council member Rodgerson moved to adopt Bill No. 2008-01 on first reading; seconded by Council member McCord.

Laura Guy reported this is the third wireless provider who has reached a settlement with Missouri municipalities. AT & T Mobility has paid $2,255.13 in protested taxes, and will pay the remaining balance in future payments for a total of $8,978.20.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

BILL NO. 2008-02

AN ORDINANCE TO PLACE ON THE ELECTION BALLOT OF APRIL 8, 2008, THE QUESTION OF WHETHER TO CONTINUE TO IMPOSE A ONE-HALF (1/2) CENT ECONOMIC DEVELOPMENT SALES TAX ON ALL RETAIL SALES MADE IN THE CITY OF KIRKSVILLE, MISSOURI, WHICH ARE SUBJECT TO TAXATION UNDER SECTIONS 144.010 TO 144.525, INCLUSIVE, OF THE REVISED STATUTES OF THE STATE OF MISSOURI FOR THE PURPOSE OF FUNDING THE CONSTRUCTION OF A PROJECT ADDING AN ALTERNATE ROUTE TO HIGHWAY 63 IN ADAIR COUNTY AND KIRKSVILLE, MISSOURI

Council member Rodgerson moved to adopt Bill No. 2008-02 on first reading; seconded by Councilmember Mayer.

City Manager Macomber explained that the original ballot question said the tax would be effective until September 30, 2012 or whenever the Highway 63 project is paid for, whichever is first, to fund two lanes of highway from Kirksville to Macon. The Council was asked by MoDOT to consider a joint project to add an alternate route from the south city limits to the north limits of Kirksville on the east side of town. The tax will continue until approximately 2019, if the taxpayers approve the ballot question.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

City Council Salary

Council member Mayer moved to approve a salary for the City Council of $100 per month for each month a Council member attends all Council meetings of the Council, starting with those Council members elected in the April 8, 2008, election; seconded by Councilmember Rodgerson.

Council member Rodgerson moved to amend the motion to approve a salary for the City Council of $100 per month, “who misses not more than one regular or special called Council meeting per month,” starting with those Council members elected in the April 8, 2008, election; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – nay; Rodgerson – aye. Ayes – 3; Nays – 1.

The motion, as amended, carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – nay; Rodgerson – aye. Ayes – 3; Nays – 1.

Waterline Bore Bids

Council member Mayer moved to accept a bid proposal from Great Plains, Incorporated, to perform pipeline bores; seconded by Council member McCord.

John Buckwalter reported that Great Plains was the only bidder who held the contract this past year. Proposals are solicited each year, and normally exceeds $10,000.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Fire Hydrants, Valves, Traffic Repair Kit Bids

Council member Rodgerson moved to approve the purchase of fire hydrants, fire hydrant extensions, valves, valve boxes and traffic repair kits from the lowest bidder HD Waterworks Supply of Columbia; seconded by Council member McCord.

John Buckwalter explained a supply is maintained for contractors to purchase, therefore a portion of the expense will be returned. The city budgeted $30,000 to purchase hydrants for the city’s use.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Water Pipe, Valves and Fitting Bids

Council member Mayer moved to approve the purchase of pipe, valves and fittings for water main construction and repair from HD Waterworks Supply of Columbia for a total of $73,864.40; seconded by Council member Rodgerson. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Rock Bids

Council member McCord moved to approve the purchase of rock from Fountain Trucking Company of Kirksville at a price of $59,282; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Air Service Development Grant

Council member Rodgerson moved to authorize the Mayor to execute all agreements necessary to obtain the US Department of Transportation’s Small Community Air Service Development Grant that was awarded to the City of Kirksville; seconded by Council member Mayer.

Steve Bell reported the city submitted and was awarded a $30,000 grant to market the airport over the next two years. The City will match the grant with $10,000, paid out in $5,000 this year and again next year. A Tourism group will be formed to come up with a marketing plan.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Committee/Board Appointment to LPRC

Council member McCord moved to appoint Tom Mayer to serve on the Lakes, Parks and Recreation Commission upon the completion of the first year of his City Council term; seconded by Councilmember Rodgerson.

Mari Macomber reported that Sue Barrett is resigning from LPRC. Tom Mayer is currently the Council representative on LPRC, and after April 8, he would serve as a citizen representative if the Council chooses to appoint him.

The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - abstain; McCord – aye; Rodgerson – aye. Ayes – 3; Nays – 0; Abstentions - 1.

Second Reading

BILL NO. 2008-01 ORDINANCE NO. 11822

AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T MOBILITY.

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, Inc., 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 AT&T Mobility (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 AT&T Mobility, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on December 7, 2007 (the “Settlement Agreement”); and

WHEREAS, the Plaintiff and AT&T Mobility 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 an AT&T Mobility 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 AT&T Mobility, and as if the City of Kirksville, Missouri was an original signatory thereto.

Section Two. The City of Kirksville, Missouri further approves the Total Past Tax Consideration of $8,978.20 as shown on the AT&T Mobility 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 AT&T Mobility 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 AT&T Mobility 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.

Section Six. The provisions of this Ordinance are severable.

BILL NO. 2008-02 ORDINANCE NO. 11823

WHEREAS, the City of Kirksville, Missouri did previously take to the voters in April 2002, the question to impose a one-half cent economic development sales tax, and the voters did approve a one-half cent economic development sales tax for the purpose of funding construction of a project adding two lanes to Highway 63 between Macon and Kirksville; and

WHEREAS, the City Council of the City of Kirksville, Missouri, is empowered to extend this tax by Section 94.1008, RSMo; and

WHEREAS, said sales tax is due to terminate on or before the 30^th date of September 2012; and

WHEREAS, said sales tax may be continued after the termination thereof, subject to approval by a majority of qualified voters.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF KIRKSVILLE, MISSOURI, AS FOLLOWS:

Section 1. A sales tax of one-half of one percent shall hereby continue to be imposed upon all retail sales in the City subject to taxation under RSMo. Sections 144.010 to 144.525, inclusive. The amount reported and returned to the Director of Revenue shall continue to be computed on the basis of the combined rate of the tax imposed by Section 94.1008, and the tax imposed by this Ordinance, plus any amounts imposed by other provisions of the law.

Section 2. All revenues received by the City from the sales tax imposed herein shall continue to be deposited in a special fund and shall be used solely for the purposes stated herein if approved by the voters of the City at an election to be held the 8th day of April, 2008.

Section 3. The sales tax imposed herein, if approved by the voters as provided for herein, shall continue uninterrupted until payment in full of all local obligations issued to complete the Highway 63 alternate route project.

Section 4. An election is hereby ordered to be held in the City on the 8th day of April, 2008, after appropriate public notice and procedures prescribed by the Election Authority of Adair County, Missouri for the purpose of submitting the provisions of this Ordinance to the qualified voters of the City of Kirksville, Missouri.

Section 5. The City Clerk is hereby directed to transmit to the Adair County Election Authority the necessary documentation so that the Election Authority can give notice of said election, and said notice, and the election called for herein, shall comply with the laws of the State of Missouri.

Section 6. The ballots to be used at said election shall be in substantially the following form:

Shall the City of Kirksville, Missouri, continue to impose a sales tax of one-half of one percent (1/2 of 1%) for the purpose of funding economic development in order to fund the acquisition and construction of a project adding an alternate route to Highway 63 in Adair County and Kirksville, Missouri, provided that the sales tax shall terminate upon the payment of all local obligations issued to complete the Highway 63 Alternate Route Project? There is an assurance from the State of Missouri that the City’s share will not exceed 25% of the project.

o Yes

o No

Section 7. Upon approval by the voters of the City of the question submitted at said election, the City Clerk is hereby directed to, within ten (10) days thereafter, forward to the Director of Revenue by United States registered or certified mail, a certified copy of this ordinance.

Section 8. This ordinance shall be in full force and effect from and after the date of its passage, and the continuance of the sales tax imposed herein shall become effective upon approval of the voters as provided for herein.

Councilmember Rodgerson moved to adopt Bill No. 2008-01 and 2008-02 on second reading; seconded by Councilmember McCord. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – aye. Nays – none.

Council Comments

None

Adjournment to an Executive Session

There being no further business to come before the Council, Council member Mayer moved to adjourn to an Executive Session regarding a Personnel Matter, RsMO 610.021(3); seconded by Council member Rodgerson.

The City Clerk called the roll: Mayor Rowe – aye; Council members: McCord – aye; Rodgerson – aye; Mayer - aye. Nays – none.

Mayor Rowe adjourned the meeting at 6:25 p.m. to an executive session regarding a Personnel Matter, RsMO 610.021(3).

Vickie Brumbaugh, CMC, MRCC

City Clerk