JOURNAL OF THE CITY COUNCIL Regular Session February 19, 2008
COUNCIL & STAFF PRESENT:
Martha Rowe Mayor
Tom Mayer Council member
Aaron Rodgerson Council member
Howard Hickman City Attorney
Mari E. Macomber City Manager
Vickie Brumbaugh City Clerk
John Buckwalter Public Works Director
Laura Guy Finance Director
Jim Hughes Police Chief
Brad Selby Code Administrator
ABSENT: Jill McCord Council member
The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, February 19, 2008, at 5:30 p.m. in the City Hall Council Chambers.
INVOCATION/PLEDGE
Pastor Marty Joplin, of the First Baptist Church, gave the Invocation.
The Mayor and City Council led the Pledge of Allegiance.
ORDER OF AGENDA
City Manager Macomber reported that Item 7 has been removed from the agenda to authorize the Mayor to execute a funding agreement for Jefferson Street. A real estate and litigation matter are added to the Executive Session.
Council member Rodgerson moved to approve the agenda, as distributed; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
PUBLIC HEARING
Mayor Rowe opened the meeting at 5:35 p.m. regarding two de-annexation requests.
Brad Selby reported that one request is from Gene Bradley to de-annex approximately 6.3 acres of land which is used primarily for agriculture. Another request is from Mike and Kathy Bradley for de-annexation of approximately .27 acres of land also used for agriculture. The city annexed this land in 2001, and the city has complied with the plan of intent for the remainder of these properties. The loss of property tax is estimated at $1.86 per year. These requests are made to straighten the line of the city limits. A two-week period will be available for written or oral comments, and the Council will consider these requests at their next Council meeting. The Bradleys will pay the costs for advertising the public hearing, and recording fees.
There being no further comments, Mayor Rowe closed the Public Hearing at 5:43 p.m.
MINUTES
Council member Rodgerson moved to approve the minutes of the regular session of February 5, 2008; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
CITIZEN PARTICIPATION
Charles Cannaday stated that he likes the two-week spring cleanup, but does not like the idea of being able to put an item out every week which will make the city look terrible. He asked if the 95 gallon containers will be free, and the response was they would be.
Bob Zimmerman expressed dissatisfaction with the proposed cost of the trash service.
Joe Conway stated he is in favor of the 96 gallon containers, which will avoid lids and cans rolling down the street. He asked where the $1 goes currently being paid for spring cleanup. The response was the City has paid $30,000 to Veolia for spring cleanup in the past, based on number of pounds, and would no longer be required if this proposal is accepted.
ACTION PRESENTATIONS
BILL NO. 2008-08 ORDINANCE NO. 11827
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH SPRINT.
Council member Mayer moved to adopt Bill No. 2008-08 on first reading; seconded by Council member Rodgerson.
Laura Guy reported this is the fourth and last wireless provider that has agreed to settle their past taxes they protested. Sprint has paid a partial amount, and still owes $35,076.85. The total from all four companies amounted to $375,000.
The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Change Order w/Willis Bros for Route P Sewer Improvements
Council member Mayer moved to authorize the City Manager to execute a change order to an agreement with Willis Brothers of Macon for Route P Sanitary Sewer Improvements, Project SE-04-002 in the amount of $14,457; seconded by Council member Rodgerson.
John Buckwalter reported this project is the last of the project which will complete the 2001 annexation Plant of Intent.
The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Amendment to Agreement w/George Butler Assoc on Route P Sewer Improvements
Council member Rodgerson moved to approve an amendment to the current agreement with George Butler Associates for redesign services of a portion of the Route P Sanitary Sewer Extension and Lift Stations, for a fee increase of $10,000; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Agreement w/Ameren UE for Extension of 3-Phase Power Route P Sewer
Council member Mayer moved to authorize the City Manager to execute an agreement with Ameren UE for extension of 3-phase power to one lift station as part of the Route P Annexation Sanitary Sewer Improvements for $14,841.14; seconded by Councilmember Rodgerson. The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Bid Police Light Bars & Siren Packages
Council member Mayer moved to approve the purchase of seven Whelen light bar and siren packages from OM Express Police Supplies of Lenexa, Kansas; seconded by Council member Rodgerson.
Jim Hughes explained that a Local Law Enforcement Block grant will cover the $9,000 cost, plus the citys share of $1,150 for the lights.
The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Liquor License Genos 70s Club
Council member Mayer moved to approve a liquor license for Genos 70s Club, contingent upon the city business license being obtained prior to opening; seconded by Mayor Rowe.
Laura Guy reported that the Club is located at 303 West McPherson, and the owner plans to open on March 1.
The motion failed by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson nay. Ayes 3; Absent 1; Nays 1.
City Manager Macomber explained that a majority of the Council is three votes.
Letter Agreement w/King Hershey for TIF Projects
Council member Mayer moved to approve a letter of engagement with King Hershey; seconded by Council member Rodgerson.
Mari Macomber reported that King Hershey has been contracted to provide legal services for tax increment financing projects. It is cost prohibitive for the city attorney to work on these projects. Raul Walters is interested in pursuing a TIF for property along South Highway 63. Since the city was approached by the developer, the city is responsible for the preparation of a number of documents. Raul Walters plans to have a public hearing by the end of March.
The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Bid Refueler Truck
Council member Mayer moved to approve a bid from Perry Maintenance of East Chicago, Indiana, for an aviation refueler truck for $48,500; seconded by Council member Rodgerson.
John Buckwalter reported the city owns a 1991 truck which does not meet FAA requirements. The chassis is not operational due to a clutch failure, and requires repair prior to selling it. The truck has been advertised for a minimum bid of $5,000. Perry Maintenance will give the city $4,000 and pick the truck up if a bid of $5,000 is not received.
The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Second Reading
BILL NO. 2008-08 ORDINANCE NO. 11827
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH SPRINT.
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 Sprint (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 Sprint, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on December 20, 2007 (the Settlement Agreement); and
WHEREAS, the Plaintiff and Sprint 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 Sprint 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 Sprint, 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 $65,575.13 as shown on the Sprint 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 Sprint 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 Sprint 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.
Council member Mayer moved to adopt Bill No. 2008-08 on second reading; seconded by Council member Rodgerson. The motion carried by the following vote: Mayor Rowe aye; Council members: Mayer - aye; McCord absent; Rodgerson aye. Ayes 3; Absent 1; Nays none.
Council Comments
Mayor Rowe and Council member McCord will be attending the Missouri Municipal League Conference in Jefferson City on February 20 and 21, and will be meeting with our state legislators to discuss proposed Bills.
Adjournment to an Executive Session
There being no further business to come before the Council, Council member Rodgerson moved to adjourn to an Executive Session regarding a Personnel Matter, RsMO 610.021(3); a Real Estate Matter, RsMO 610.021(2); and a Litigation Matter, RsMO 610.021(1); seconded by Council member Mayer.
The City Clerk called the roll: Mayor Rowe aye; Council members: Mayer aye; Rodgerson aye; McCord absent. Nays none.
Mayor Rowe adjourned the meeting at 6:32 p.m. to an executive session regarding a Personnel Matter, RsMO 610.021(3); a Real Estate Matter, RsMO 610.021(2); and a Litigation Matter, RsMO 610.021(1).
Vickie Brumbaugh, CMC, MRCC
City Clerk