JOURNAL OF THE CITY COUNCIL Regular Session

JOURNAL OF THE CITY COUNCIL Regular Session – May 19, 2008

COUNCIL & STAFF PRESENT:

Martha Rowe Mayor

Richard L. Detweiler Council member

Todd Kuhns Council member

Jill McCord Council member

Aaron Rodgerson Council member

Howard Hickman City Attorney

Mari E. Macomber City Manager

Vickie Brumbaugh City Clerk

Cherie Bryant Assistant to the City Manager

John Buckwalter Public Works Director

Laura Guy Finance Director

Jim Hughes Police Chief

Brad Selby Codes Administrator

The City Council of the City of Kirksville, Missouri, met in a Regular Session on Monday, May 19, 2008, at 5:30 p.m. in the City Hall Council Chambers.

INVOCATION/PLEDGE

Reverend Robert Fredricks, of First Assembly of God Church, gave the Invocation. Boy Scout Troop 401, and Leader Randy Behrens, led the Pledge of Allegiance.

MINUTES

Council member McCord moved to approve the Council Regular Session minutes of May 5, 2008; seconded by Council member Rodgerson. The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

ORDER OF AGENDA

Council member Rodgerson moved to approve the Order of the Agenda; seconded by Council member Kuhns. The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

INFORMATION PRESENTATION

Mayor Rowe read a Proclamation announcing National Public Works Week, May 19 – 23.

CITIZEN PARTICIPATION

James Rasura, 516 East Jefferson, asked the Council to initiate a financial program to assist people with their utility bills.

ACTION PRESENTATIONS

BILL NO. 2008-19 RESOLUTION NO. R5-19-562

A RESOLUTION RECOGNIZING LOUISE TAYLOR, ADMINISTRATIVE ASSISTANT TO THE POLICE DEPARTMENT, UPON HER RETIREMENT FOR 17 YEARS AND 4 MONTHS OF SERVICE TO THE CITY OF KIRKSVILLE, MISSOURI.

WHEREAS, the City of Kirksville is desirous of recognizing long-term employees, and

WHEREAS, Louise Taylor has worked for the City of Kirksville Police Department since December 10, 1990, and

WHEREAS, Louise’s performance of her duties and responsibilities, and her working relationships were always characterized by an obvious dedication to getting the job well done; and

WHEREAS, Louise’s dedicated interest and devotion to duty have had a valuable effect of efficiency and morale to her department and the City; and

WHEREAS, Louise retired on April 30, 2008, after serving the City of Kirksville and its citizens for 17 years and 4 months.

NOW, THEREFORE, BE IT RESOLVED that the City Council extends respect and appreciation on behalf of a grateful City to Louise for her years of service, and we wish her success in all future endeavors.

Council member Rodgerson moved to approve Bill No. 2008-19; seconded by Council member McCord. The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

BILL NO. 2008-20

AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI APPROVING A MINOR SUBDIVISION OF A PART OF THE SOUTHEAST FOURTH OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 62N, RANGE 15W, CITY OF KIRKSVILLE, AND OTHERWISE KNOWN AS 2213 AND 2215 S. HALLIBURTON STREET.

Council member Detweiler moved to adopt Bill No. 2008-20 on first reading; seconded by Council member Kuhns.

Brad Selby explained this is a minor subdivision of land to be split into three tracts – tract 1 is the existing house at 2213 S. Halliburton with a lot size of 1.7 acres; tract 2 is an existing house at 2215 South Halliburton with a lot size of .9 acres; and tract 3 would split off approximately the eastern half of the property into a lot size of 2.4 acres. Tract 3 would not qualify for an allowable split of property because of no frontage on a city street. The lot split is contingent on tract 3 being sold to a neighboring property owner to the north.

The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

Committee/Board Appointments

Council member McCord moved to make the following appointments and re-appointments; seconded by Council member Kuhns.

- Appoint Gary Rogers as an alternate, and the re-appointment of Burnell Helton to the Board of Adjustment.

- Re-appointment of Ron Winkler and Pete Detweiler to the Airport and Transportation Commission.

- Re-appointment of David Jacobs, Sue Robinson, Doug Brown and Karla Dwyer to the Affordable Housing Board.

The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

Liquor License – NEMO Restaurant Investors Inc. d/b/a Bellacions Pizza & Grinders

Council member Detweiler moved to approve a liquor license for NEMO Restaurant Investors Inc., d/b/a/ Bellacinos Pizza & Grinders; seconded by Council member Kuhns.

Laura Guy explained this license is an addition to the existing business who has not sold liquor before.

The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – nay. Ayes – 4; Nays – 1.

Second Reading

BILL NO. 2008-20 ORDINANCE NO. 11836

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

WHEREAS, a tract of land located in the 2200 block of South Halliburton street within the City of Kirksville, Missouri, is proposed to be subdivided into three (3) tracts of land, described herein, and is incorporated herein by reference, and has been regularly certified by Edward Cleaver, licensed surveyor number L.S. 1241; and

WHEREAS, the plat of land is described as follows:

Tract 1: A tract of land situated in the Southeast Fourth of the Northeast Quarter of Section 16, Township 62 North, Range 15 West, Adair County, Missouri and being more particularly described as follows: Commencing at the Northwest corner of the Southeast Fourth of the Northeast Quarter of said Section 16; thence along the Quarter Quarter Section line, South 00 Degrees 23 Minutes 57 Seconds East a distance of 989.51 feet to the POINT OF BEGINNING of the description herein, TO WIT: thence leaving last described line South 88 Degrees 50 Minutes 35 Seconds East a distance of 345.96 feet; thence South 00 Degrees 23 Minutes 57 Seconds East a distance of 211.28 feet; thence North 88 Degrees 42 Minutes 48 Seconds West a distance of 345.98 feet; thence North 00 Degrees 23 Minutes 57 Seconds West a distance of 210.50 feet to the Point of Beginning, containing 1.7 acres more or less. Subject to any and all easements of record.

Tract 2: A tract of land situated in the Southeast Fourth of the Northeast Quarter of Section 16, Township 62 North, Range 15 West, Adair County, Missouri and being more particularly described as follows: Commencing at the Northwest corner of the Southeast Fourth of the Northeast Quarter of said Section 16; thence along the Quarter Quarter Section line, South 00 Degrees 23 Minutes 57 Seconds East a distance of 1200.01 feet to the POINT OF BEGINNING of the description herein, TO WIT: thence leaving last described line South 88 Degrees 42 Minutes 48 Seconds East a distance of 345.98 feet; thence South 00 Degrees 23 Minutes 57 Seconds East a distance of 118.00 feet; thence North 88 Degrees 42 Minutes 48 Seconds West a distance of 345.98 feet; thence North 00 Degrees 23 Minutes 57 Seconds West a distance of 118.00 feet to the Point of Beginning, containing 0.9 acres more or less. Subject to any and all easements of record.

Tract 3: A tract of land situated in the Southeast Fourth of the Northeast Quarter of Section 16, Township 62 North, Range 15 West, Adair County, Missouri and being more particularly described as follows: Commencing at the Northwest corner of the Southeast Fourth of the Northeast Quarter of said Section 16; thence along the Quarter Quarter Section line, South 00 Degrees 23 Minutes 57 Seconds East a distance of 989.51 feet; thence leaving last described line South 88 Degrees 50 Minutes 35 Seconds East a distance of 345.96 feet to the POINT OF BEGINNING of the description herein, TO WIT: thence continuing South 88 Degrees 50 Minutes 35 Seconds East a distance of 316.08 feet; thence South 00 Degrees 13 Minutes 12 Seconds East a distance of 329.97 feet; thence North 88 Degrees 42 Minutes 48 Seconds West a distance of 315.07 feet; thence North 00 Degrees 23 Minutes 57 Seconds West a distance of 329.28 feet to the Point of Beginning, containing 2.4 acres more or less. Subject to any and all easements of record; and

WHEREAS, tracts #1 and #2 are an allowable split of property as both are fronted on a city street and have ample square footage of lot space; and

WHEREAS, tract # 3 in itself, is not an allowable split of property because of the lack of frontage on a city street; and

WHEREAS, the tract #3 lot split is allowed under the following contingency: Tract # 3 must be sold to PKS Development, who in combination of this lot and the lot to the north, would provide lot frontage and deed restrictions for maintenance purposes and keep the property under a single ownership; 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 tract of land located in the 2200 block of South Halliburton 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.

Council member Detweiler moved to approve Bill No. 2008-20 on final reading; seconded by Council member Kuhns. The motion carried by the following vote: Mayor Rowe, aye; Council members: Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye. Nays - 0.

Comments

The City Council was invited to the Veterans Memorial Day ceremony.

Adjournment

There being no further business to come before the Council, Councilmember McCord moved to adjourn to an Executive Session regarding a Legal Matter, RsMO 610.021(1) and a Personnel Matter, RsMO 610.021(3); seconded by Councilmember Kuhns.

City Clerk Vickie Brumbaugh called the roll: Councilmembers Detweiler – aye; Kuhns – aye; McCord – aye; Rodgerson – aye; Mayor Rowe – aye. Nays, none.

Mayor Rowe adjourned the meeting at 5:52 p.m.

Vickie Brumbaugh, CMC, MRCC

City Clerk