JOURNAL OF THE CITY COUNCIL                   Regular Session –    February 5, 2008

                                                                                                                       

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

Steve Bell                               Community Services Director

Jim Hughes                            Police Chief

John Buckwalter                    City Engineer

Pat Meredith                          Human Resources Director

Randy Behrens                      Fire Chief

Laura Guy                              Finance Director

 

The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, February 5, 2008, at 5:00 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 Mayer moved to approve the minutes of the regular session of January 15, 2008; seconded by Council Member Rodgerson.  The motion carried by the following vote:  Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

ORDER OF AGENDA

Council Member McCord 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 – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

INFORMATION PRESENTATION

Fire Chief Randy Behrens introduced State Fire Marshall Randy Cole to present State Certified Firefighter I and II Certificates to six Firefighters:  Michael Bishop; Jeremy Davis; Trevor Harrell; Brett Jones; Toma Podorean; and Micheal Robinson.  State Fire Marshall Cole offered some words of advice and commended the firefighters for their hard work and dedication. 

 

CITIZEN PARTICIPATION

None.

 

OLD BUSINESS

None.

 

ACTION PRESENTATIONS

Bill No. 2008-03                                                                                    [Resolution No. R2-5-558]

A RESOLUTION RECOGNIZING JON W. COOK FOR HIS SERVICE TO OUR COUNTRY AND THE KIRKSVILLE COMMUNITY WHILE SERVING IN IRAQ.

 

Council Member Rodgerson moved to table Bill No. 2008-03 until later in meeting; seconded by Council Member McCord.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

Bill No. 2008-04                                                                                     [Resolution No. R2-5-559]

A RESOLUTION HONORING JEFF NEWTON FOR SERVICE TO THE CITIZENS OF KIRKSVILLE, MISSOURI.

 

WHEREAS, Jeff Newton has served the City of Kirksville as Councilmember from April 2006 to December 2007; and

 

WHEREAS, Jeff Newton served as Mayor Pro tem from April 2006 to April 2007; and

 

WHEREAS,  Jeff Newton also served as Mayor from April  2007 to September 2007; and

 

WHEREAS,  Jeff Newton has displayed through the performance of his duties on the City Council the highest standards of personal ethics and dedication; and

 

WHEREAS, Jeff Newton has contributed time and energy towards the betterment of the Kirksville community through his service on the City Council and several of its boards and commissions.

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Kirksville does hereby extend their sincere appreciation and gratitude to Jeff Newton for his service to the community.

 

BE IT FURTHER RESOLVED that the City Council extend their best wishes for his continued success in all of his life’s endeavors.

 

Council Member Mayer moved to approve Bill No. 2008-04; seconded by Council Member Rodgerson.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

 

Bill No. 2008-05                                                                                             [Ordinance No. 11824]

AN ORDINANCE AMENDING CHAPTER 2, SECTION 16, OF THE CITY CODE REGARDING THE SALARY FOR ELECTED OFFICIALS OF THE CITY OF KIRKSVILLE, MISSOURI.

 

Council Member Rodgerson moved to adopt Bill No. 2008-05 on first reading; seconded by Council Member Mayer.

 

Mari Macomber explained that Bill No. 2008-05 is asking for approval of a Council salary adjustment that will go into effect after the April 2008 Council election.  Macomber said that this ordinance will eliminate the language that says $100, and enable the Council to make changes every year.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – nay; Rodgerson – aye.  Ayes – 3; Nays – 1. 

           

 

Bill No. 2008-06                                                                                              [Ordinance No. 11825]

AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE STATE BLOCK GRANT PILOT PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS.

 

Council Member Mayer moved to adopt Bill No. 2008-06 on first reading; seconded by Council Member McCord.

 

Community Services Director Steve Bell explained that there are two grants that this ordinance asks approval for; one for $339,094 and the other for $100,000.  Bell said the work for the $339,094 grant has all ready been done, and the City has paid for most of the work.  The runway was scheduled to be repainted for Cat 139 designation. It was determined that work needed to be completed on the runway surface before paint could be applied so the runway rehabilitation project was added to existing airport improvement projects. Bell said that this was to be funded by sources other than the entitlement funds normally used by the city and state to cover expenses for this kind of project. The project is complete and the first grant was awarded to cover the rehabilitation costs.  Bell said that the Wildlife Survey is completed and perimeter fence has been recommended.  MoDOT has set aside funding for the wildlife survey and preliminary design work for fencing, which is where the $100,000 dollar grant will be used.  The total City cost for both grants will be $23,110 and these funds will be provided by the Capital Improvement Sales Tax. 

 

City Manager Macomber stated that each of these items had been brought to the Council for approval before the work was done.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Bill No. 2008-07                                                                                              [Ordinance No. 11826]

AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF KIRKSVILLE, MISSOURI REGULATING THE PARKING OF MOTOR VEHICLES AND THE DIRECTION OF TRAFFIC OF MOTOR VEHICLES.

 

Council Member Rodgerson moved to adopt Bill No. 2008-07 on first reading; seconded by Council Member Mayer.

 

Jim Hughes stated that a request had come in from a citizen asking the City to look at parking on a small section of Fible Street.  There was a section of about thirty to forty yards where parking was allowed on both sides, and this was causing some problems where it did not allow for enough room to get through.  City Engineer Buckwalter and Chief Hughes looked at the location, and recommend the parking be limited to one side of the street for a thirty to forty foot section.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

Street Use—Red Barn Arts & Crafts Festival

Council Member Mayer moved to approve a request from the Kirksville Arts Association (KAA) for the use of city streets (and parking lot) on Saturday, September 20, 2008 (Truman’s Family Day), for the Red Barn Arts and Crafts Festival; seconded by Council Member McCord.

 

Police Chief Jim Hughes explained that this is basically the same request as the prior year with minor adjustments.  Hughes said he had consulted with and obtained the approval from Bryan Collier for the use of the theater parking for the Farmer’s Market.  The Kirksville Arts Association requested an additional closure of the 100 block of S. Franklin.  Hughes stated that many businesses are not open during that time, and that the KAA anticipates several antique booths.  Hughes requested that the KAA contact all of the business owners, and the KAA agreed to do so and come back to modify the request if there are issues.  Hughes said in the past it has been a well run, well planned event with little to no difficulties.

   

City Attorney Howard Hickman had a question in regards to the closure of the theater parking lot and the agreement with Bryan Collier.  Hughes said that the closure is not in compliance, but that Collier had given his approval because he will still have two entrances and exits. 

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Police Car Bids

Council Member McCord moved to approve the bid of Jim Robertson Chevrolet, Kirksville, Missouri, for the purchase of three 2008 police vehicles; seconded by Council Member Rodgerson.

 

Jim Hughes explained that the City leases vehicles, and has had good luck with it.  There are only six marked units, and leasing the vehicles has accomplished what was needed.  Hughes said there have been no significant out of warranty problems, since the vehicles are traded at around 50,000 miles.  Hughes said the only difference this year is that the City didn’t get the trade-in values that were anticipated.  The City was offered about $5,000 for each trade-in, and worst case scenario, will need to come up with $2,425 that is over the budgeted amount.  Hughes said the bid was done in two components:  one bid for vehicles with trade-ins; and one bid for vehicles only.  The additional bid for vehicles only has been sent, and Hughes feels due to the responses he has received that the bid will come in under budget.  Hughes stated that there is a need to order the vehicles as soon as possible because there is a sixty to ninety day turnaround and the longer the current cars are driven, the less their value for trade-in. 

           

Council Member Mayer questioned where the money will come from if the bids don’t come in within the budget.  Cit Manager Macomber stated that it is not a significantly large amount in the scheme of the entire City budget, and that the Police Department will be expected to pull the money from another line to make their budget balance out.  Hughes stated that he has already begun looking at his budget and where the difference would be made up.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Remove Bill No. 2008-03 from the table

Council Member McCord moved to remove Bill No. 2008-03 from the table; seconded by Council Member Mayer.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

Bill No. 2008-03                                                                                    [Resolution No. R2-5-558]

A RESOLUTION RECOGNIZING JON W. COOK FOR HIS SERVICE TO OUR COUNTRY AND THE KIRKSVILLE COMMUNITY WHILE SERVING IN IRAQ.

 

WHEREAS, the City Council of the City of Kirksville, Missouri, desires to recognize outstanding people of the Kirksville community; and

 

WHEREAS, Jon W. Cook has meritoriously served the City of Kirksville as a Firefighter I and II/Paramedic since February 2003; and

 

WHEREAS, Jon W. Cook has simultaneously served America, in active duty, as a member of the United States Army Reserves since August 29, 2006; and

 

WHEREAS, Staff Sergeant Jon W. Cook, as a part of the 2nd Division National Police Transition Team, received the Bronze Star Medal and the Army Commendation Medal with Valor; and

 

WHEREAS, the City of Kirksville wishes to recognize Jon W. Cook’s most recent deployment to Iraq; and

 

NOW, THEREFORE, BE IT RESOLVED that the City Council extends respect and appreciation on behalf of a grateful city to Jon W. Cook for his service to our country and the Kirksville community.

 

Passed by the City Council and signed by the Mayor this 5th day of February, 2008.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

Mayor Rowe read and presented the Resolution to Jon W. Cook.

 

 

2008 Camera-Equipped Sewer Jet

Council Member Mayer moved to authorize the purchase a 2008 Sewer Equipment of America Model 800-HPRTV truck jet with camera system mounted on a Freightliner chassis from Coe Equipment Company, Rochester, IL for a net cost of $188,653.00; seconded by Council Member Rodgerson.

 

John Buckwalter explained that this is a request for the replacement of a 1997 sewer jet with a 2008 sewer jet with camera.  This camera-equipped jet will allow the City Staff to jet the sewer and see what is being done simultaneously, or separately.  The City received three bids for same basic apparatus; the only difference was the chassis.  Buckwalter said the low bid, as well as highest trade-in value, came from Coe Equipment with for a net cost of $188,653.00 to the utility fund.  Buckwalter said that $200,000 had been budgeted.

 

Council Member Rodgerson asked whether or not the old truck had a camera.  Buckwalter stated that the old truck did not have a camera, so they would have to bring in a camera on a separate truck, and could not see what was happening at the same time they were jetting.  Buckwalter said that this will streamline the process, and allow for fewer employees to be called out.

           

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Water Treatment Chemicals Bid

Council Member Rodgerson moved to authorize the purchase of water treatment chemicals; seconded by Council Member Mayer.

           

John Buckwalter stated that the City had requested bids for nine different chemicals, and the Staff is recommending the award for eight of the nine.  The Staff is not recommending an award for Carbon, because they are in the process of testing four different types of Activated Carbon to find the best fit for overall cost and performance in the plant.  Buckwalter said the Staff is recommending the low bidder for all of the chemicals with the exception of Fluoride and lime.  The low bidder on lime asked their bid be withdrawn because they could not guarantee they bid the City what had been specified.  The Staff is recommending the Fluoride bid be awarded to Brenntag instead of ACCO.  ACCO would only deliver when delivering to others in the area, and they also had a significant disposal fee which the Staff felt was not feasible.  Buckwalter explained that there was a 6% increase in cost budgeted at an expected cost of $156,798, and the Staff expects to spend $158,621 based on the bids.  Buckwalter stated that the exact amount of the bill will not be known until the chemicals are ordered and used based on the amount of water sold.  If the City uses more water than they have budgeted this item will come back for a change order. 

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Appointment to Watershed Management Commission

Council Member Mayer moved to appoint Dr. Cynthia Cooper to serve on the Watershed Management Commission to fill the term vacated by Dr. Jerry Smith; seconded by Council Member Rodgerson.

 

Mari Macomber said that this appointment has to be someone within the City limits and Cooper and has been very active and supportive.  The Commission asked the Council to consider her appointment.

           

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.   

 

 

Liquor License—J. Lopez, Inc., dba El Vaquero Mexican Restaurant

Council Member McCord moved to approve liquor licenses for J. Lopez, Inc. dba El Vaquero Mexican Restaurant, contingent upon the city business license being obtained prior to opening; seconded by Council Member Mayer.

           

Laura Guy explained that El Vaquero is already open, but they had a change in ownership.  In order to make it official they were required to go through the process to get a new license under the new owner’s name.  Guy said that they have paid the appropriate fees through the end of June 2008.

 

The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – nay.  Ayes – 3; Nays – 1.   

 

           

Second Reading

Bill No. 2008-05                                                                                             [Ordinance No. 11824]

AN ORDINANCE AMENDING CHAPTER 2, SECTION 16, OF THE CITY CODE REGARDING THE SALARY FOR ELECTED OFFICIALS OF THE CITY OF KIRKSVILLE, MISSOURI.

 

In 2004, the State of Missouri passed State Statute 78.490, which provides for city Council’s the right to increase or decrease their salary after April 2005.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Kirksville, Missouri, that the Kirksville City Code is updated with the changes, and amended as follows: 

 

Section 1.    Article II.  City Council 

            Chapter 2, Section 16.  Salary for elected officials.

 

Each city council member shall receive a salary of one hundred dollars ($100.00) per year, payable quarterly.  The city council retains the right to increase or decrease the salary at any time after April, 2005, in accordance with RsMO 78.490.

 

Section 2.    The State Statute, effective in April of 2005, shall remain effective until amended or repealed.

 

Council Member Mayer moved to approve Bill No. 2008-05 on second reading; seconded by Council Member Rodgerson.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – nay; Rodgerson – aye.  Ayes – 3; Nays – 1.

 

 

Bill No. 2008-06                                                                                              [Ordinance No. 11825]

AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE STATE BLOCK GRANT PILOT PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Kirksville, Missouri, as follows:

 

Section 1.  Section 116 of the Federal Airport Safety and Capacity Expansion Act of 1987 amended the previous act of 1982 by adding new section 534 entitled “State Block Grant Pilot Program”, and the Federal Aviation Reauthorization Act of 1996 declared the State Block Grant Program to be permanent.

 

Section 2.  The Missouri Highways and Transportation Commission has been selected by the FAA to administer state block grant federal funds under said program, and the City of Kirksville does have areas of need which may be addressed through the State Block Grant Pilot Program.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF KIRKSVILLE, MISSOURI, that the City desires to participate with the Missouri Highways and Transportation Commission and the Federal Aviation Administration in plans and activities for the improvement of our Kirksville Regional Airport under the activities authorized pursuant to the Federal Airport Improvement Program.

 

THEREFORE BE IT FURTHER ORDAINED, that the Mayor of the City of Kirksville is  hereby authorized to execute, on behalf of the City of Kirksville, all documents which are necessary in applying for funding, and establish an administrative organization to implement activities pursuant to the aforementioned program.

 

 

Bill No. 2008-07                                                                                              [Ordinance No. 11826]

AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF KIRKSVILLE, MISSOURI REGULATING THE PARKING OF MOTOR VEHICLES AND THE DIRECTION OF TRAFFIC OF MOTOR VEHICLES.

 

WHEREAS, a citizen’s  request for a review of parking conditions near Fible and Normal resulted in a review of the parking availability, safety conditions, and the associated written code contained in section 15-345; and  

 

WHEREAS, it was discovered that the recommended change would improve the problems as identified in this review. 

 

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

 

I.          Chapter 15, Section-345 of the code is amended as follows:

 

Add as a new entry South Fible Street, west side, from Normal north to the first east/west alley (600 Block South Fible). 

 

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 approve Bill No. 2008-06 and Bill No. 2008-07 on second reading; seconded by Council Member Mayer.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

 

Council Comments

Council Member Jill McCord said she would like to thank the Police, Fire, Public Works and all of their staff for their admirable work in all of the current weather.

 

Council Member Mayer said he would like to express his gratitude that the Kirksville Arts Association adds a lot to community and feels it is setting a good example of how to do business.

 

 

Adjournment

There being no further business to come before the Council, Council Member Mayer moved to adjourn; seconded by Council Member McCord.  The motion carried by the following vote: Mayor Rowe – aye; Council Members:  Mayer – aye; McCord – aye; Rodgerson – aye.  Ayes – 4; Nays – none.

 

Mayor Rowe adjourned the meeting at 5:50p.m.

 

Sarah Halstead

Deputy City Clerk