JOURNAL OF THE CITY COUNCIL Regular Session – March 18, 2008

COUNCIL & STAFF PRESENT:

Martha Rowe Mayor

Jill McCord Council member

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

Jim Hughes Police Chief

Brad Selby Code Administrator

The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, March 18, 2008, at 5:30 p.m. in the City Hall Council Chambers.

INVOCATION/PLEDGE

The Mayor and City Council led the Pledge of Allegiance.

ORDER OF AGENDA

Council member McCord moved to approve the agenda as presented; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – absent. Ayes – 3; Nays – 0; Absent - 1.

MINUTES

Council member McCord moved to approve the minutes of the regular session of March 4, 2008; seconded by Council member Mayer. The motion carried by the following vote: Mayor Rowe – aye; Council members: Mayer - aye; McCord – aye; Rodgerson – absent. Ayes – 3; Nays – 0; Absent - 1.

INFORMATION PRESENTATION

Mayor Rowe read and presented a proclamation of appreciation to Sue Barrett for her years of service on the Lakes, Parks and Recreation Commission.

[Council member Aaron Rodgerson entered the meeting at 5:35 p.m.]

CITIZEN PARTICIPATION

Joe Conway, 1219 North Franklin, asked the Council if they have thought to look at revenue loss as a result of the smoking ban. The Council responded that it is currently being evaluated and is on the schedule to evaluate in a year. Mr. Conway also asked if anything has been done about the forensic lab. The Council responded that it is still in the works.

ACTION PRESENTATIONS

BILL NO. 2008-09

AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI, APPROVING A LOT SPLIT OF PART OF LOT 2 OF JOHNSON’S ADDITION TO THE CITY OF KIRKSVILLE, ADAIR COUNTY, STATE OF MISSOURI AND THE EAST HALF OF SECTION 33, TOWNSHIP 63 NORTH, RANGE 15 WEST, OF THE CITY OF KIRKSVILLE, MISSOURI, ON OR NEAR 2204 and 2206 N. BALTIMORE.

Council member McCord moved to adopt Bill No. 2008-09 on first reading; seconded by Council member Mayer.

Brad Selby reported that Murphy Oil has leased property from Wal-Mart for a number of years. Murphy Oil is purchasing the property from Wal-Mart now, and will continue to run the gas station business.

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

De-annexation Request – Gene Bradley

Council member McCord moved to not approve a request for de-annexation of a tract of land owned by Gene Bradley, consisting of approximately 6.3 acres; seconded by Council member Rodgerson.

Mari Macomber reported a public hearing was held previously for the de-annexation request to straighten the property lines and to save on tax revenues. The Bradley’s had said there were things they could do outside the city limits. She explained that the Council did approve a recent de-annexation request because the planned services were not done by the City as outlined in the annexation of 2001. The Bradley’s property was also annexed in 2001. City Manager Macomber said it is in the City’s best interest to not approve the Bradley’s de-annexation request because planned services were done. It is not a good policy for the City as other requests could follow. It is an expense to the City to have boundaries changed on maps not only with the City, but with the Census Bureau and the County. There was mention of another property owner who approached the City in 2002, immediately after the 2001 annexation, who pointed out that the property line was incorrect and that area was de-annexed to correct the problem.

Gary Bradley stated that previous city administration had verbally promised him the property line would be straight at the time of annexation.

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

De-annexation Request – Michael & Kathy Bradley

Council member Rodgerson moved to not approve the de-annexation of a tract of land owned by Michael J. Bradley and Kathy L. Bradley, consisting of approximately .27 acre; seconded by Council member McCord. The motion carried by the following vote: Mayor Rowe, aye; Council members: Mayer – nay; McCord – aye; Rodgerson – aye. Ayes – 3; Nays - 1.

Membership - NCMRWC

Council member Mayer moved to approve the City’s associate membership into the North Central Missouri Regional Water Commission (NCMRWC); seconded by Council member Rodgerson.

John Buckwalter reported this Commission was formed in 2002 to develop a reliable supply of water for north central Missouri. Kirksville has been invited to be an associate member, permitted to participate in board discussion, but not have a vote.

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

Bid - Backhoe

Council member Mayer moved to approve the purchase of a 2008 Case 590 SM backhoe from Crown Power and Equipment of Columbia, Missouri for a net cost of $42,680; seconded by Council member Rodgerson.

John Buckwalter explained this is a replacement of the backhoe in the utility maintenance division. It was scheduled in 2007 for replacement, but a decision was made to retain until this year in the budget. A $47,300 trade-in value on a bid of $89,980, and a buy back at five years or 4000 hours of $40,000 for the new unit was offered.

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

Change Order for Lagoon Cleaning

Council member Rodgerson moved to authorize the City Manager to execute a change order to the contract with Nutri-Ject Systems, Inc. of Hudson, Iowa, in the amount of $26,700 ($178.00 per ton); seconded by Councilmember Mayer.

John Buckwalter explained the change order is for removal and transfer of sludge. NutriJect has a current three-year contract 2006 to 2008. The 2008 maintenance plan at the wastewater plan includes cleaning the primary digester which will require the removal of sludge in the digester.

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

Second Reading

BILL NO. 2008-09 ORDINANCE NO. 11828

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

WHEREAS, a tract of land located on or near 2204 and 2206 N. Baltimore within the City of Kirksville, Missouri, is proposed to be subdivided into two (2) tracts of land, described herein, and is incorporated herein by reference, and has been regularly certified by William A. Booe, licensed surveyor number L.S. 2002010970; and

WHEREAS, the plat of land is described as follows:

A tract of land located in lot 2 of Johnson’s addition to the City of Kirksville, Adair County, State of Missouri and the east half of Section 33, Township 63 North, Range 15 West, Fifth Principal Meridian, lying and being situate on lands owned by Wal-Mart Stores Inc., and occupied by Wal-Mart retail store number 189 in Kirksville, Missouri and being more particularly described as follows:

Beginning at the Southwest corner of the lot 3 of Johnson’s addition, said corner being on the easterly right-of-way of U.S. Highway 63; thence along said right-of-way 326.87 feet on a curve to the right, said curve having a radius of 4851.15 feet, a central angle of 03 degrees 51 minutes 38 seconds, a chord bearing of N 07 degrees 03 minutes 55 seconds W, and a Chord distance of 326.81 feet to the true point and place of beginning of the tract said point being a set iron pin; thence continuing along the previously described right-of-way line 112.34 feet on a curve to the right said curve having a radius of 4851.15 feet, a central angle of 01 degrees 19 minutes 39 seconds, a chord bearing of N 04 degrees 28 minutes 18 seconds W, and a chord distance of 112.34 feet to a set mag nail; thence departing said right-of-way S 90 degrees 00 minutes 00 seconds E 57.65 feet to a set mag nail; thence S 00 degrees 00 minutes 00 seconds E 96.00 feet to a set mag nail; thence N 90 degrees 00 minutes 00 seconds W 190.89 feet to the true point and place of beginning said tract having an area of 19,623 square feet (.453 acres), more or less; and

WHEREAS, the “Plat” shall be recorded in the Recorder’s Office of Adair County, Missouri.

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

That the lot split for a tract of land located in or near 2204 and 2206 N. Baltimore street is hereby approved, and the same is made an addition to the City of Kirksville, Missouri, and the portions thereof dedicated to the public are hereby accepted.

This ordinance shall be effective from and after the date of its passage.

Councilmember McCord moved to adopt Bill No. 2008-09 on second reading; seconded by Councilmember Rodgerson. The motion carried by the following vote: Mayor Rowe, aye; Council members: Mayer – aye; McCord – aye; Rodgerson – aye. Nays, none.

Adjournment

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

Mayor Rowe adjourned the meeting at 6:10 p.m.

Vickie Brumbaugh, CMC, MRCC

City Clerk