JOURNAL OF THE CITY COUNCIL Regular Session June 5, 2007
COUNCIL & STAFF PRESENT:
Jeff Newton Mayor
Martha Rowe Councilmember
Jill McCord Councilmember
Tom Mayer Councilmember
Aaron Rodgerson Councilmember
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
Kris McKim Assistant City Manager
The City Council of the City of Kirksville, Missouri, met in a Regular Session on Tuesday, June 5, 2007, at 5:30 p.m. in the City Hall Council Chambers.
INVOCATION/PLEDGE
Reverend Robert Fredricks, of the First Assembly of God Church, gave the Invocation.
The Mayor and City Council led the Pledge of Allegiance.
MINUTES
Councilmember Rowe moved to approve the minutes of the regular session of May 15, 2007; seconded by Councilmember McCord. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
ORDER OF AGENDA
City Manager Mari Macomber asked that an item be added to the agenda To approve a water treatment chemical bid to a different vendor due to the first vendor not meeting specifications.
Councilmember Mayer moved to approve the Order of the agenda, as amended; seconded by Councilmember Rodgerson. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
INFORMATION PRESENTATION
None.
CITIZEN PARTICIPATION
None.
ACTION PRESENTATIONS
BILL NO. 2007-24
AN ORDINANCE AMENDING ORDINANCE NO. 11796, OF CHAPTER 18, ARTICLE V, SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES.
Councilmember McCord moved to adopt Bill No. 2007-24 on first reading; seconded by Councilmember Rodgerson.
Mari Macomber reported the Council has discussed amendments to the Ordinance at Study Sessions. The Council asked that the 10 ft distance for no smoking from entrances, operable windows or ventilation systems of 0 areas be clarified to read buildings or structures. The amendment also provides for businesses to declare their desire to the City Clerk that they wish to make their entire establishment, facility or outdoor areas as nonsmoking. An added amendment is an affirmative defense phrase for the business owner or operator.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - nay. Ayes four; Nays one.
Concrete Pavement Repair Bid
Councilmember McCord moved to approve a bid agreement with Mihalevich Concrete Construction for concrete pavement repair and curb and gutter work in the amount of $219,011; seconded by Councilmember Mayer. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Street Resurfacing Bid
Councilmember Rowe moved to approve a bid agreement with W.L. Miller Company for street resurfacing in the amount of $217,109.44; seconded by Councilmember Rodgerson.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Osteopathy Street Change Order
Councilmember Mayer moved to approve a change order to the agreement with W.L. Miller Company for the reconstruction of Osteopathy Street; seconded by Councilmember McCord.
Public Works Director John Buckwalter reported that the Osteopathy Street project is 25% complete. A change order in the amount of $26,327.35 is needed to cover storm water management or erosion control, and driveway entrances for the spur pond parking area, and the addition of a sanitary sewer manhole. He further reported there will be additional change orders to address other areas of the project.
There was some discussion to check into possible grants for any future soil erosion problems associated with these type of projects.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
BILL NO. 2007-25
AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI ACCEPTING A CERTAIN STREET - QUEENS ROAD, AND WATERLINES, LOCATED IN THE KINGSRIDGE ADDITION.
Councilmember Mayer moved to adopt Bill No. 2007-25 on first reading; seconded by Councilmember Rodgerson.
John Buckwalter reported this street completes development of the Kingsridge subdivision. All other completed streets, water lines and sewer lines have been accepted by the city.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Airport Wind Cones & Sign Panels
Councilmember Rowe moved to approve entering an agreement with Strukel Electric for installation of wind cones and replacement of sign legend panels at the Airport, pending approval from MoDOT, for $37,840; seconded by Councilmember Mayer.
John Buckwalter reported two bids were received, the other from TH&N Electric. When grant money is involved, the one percent local preference rule is not used.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Truck Bids
Councilmember McCord moved to approve a truck bid from Lovegreen Ford for $23,856.18; and two trucks from Al Scheppers; seconded by Councilmember Rowe.
John Buckwalter explained that Lovegreens was within the 1% local preference, and therefore was recommended instead of the low bid from Tom Boland Ford.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Addendum R to Agreement w/George Butler Associates
Councilmember Mayer moved to approve Addendum R to the agreement with George Butler Associates for bidding and construction services for Basin C and F Sewer Rehabilitation for a not to exceed cost of $113,700; seconded by Councilmember Rodgerson.
John Buckwalter explained that this work will not occur until 2008, but we have to meet the SRF timeframe of June 1, 2007.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Commercial Envelope Application for Tax Credits
Councilmember McCord moved to authorize the Mayor to execute an endorsement of Commercial Envelopes application to the State of Missouri for Development Tax Credits; seconded by Councilmember Rowe.
Assistant City Manager Kris McKim reported the original package of incentives for relocation of Commercial Envelope here included Development Tax Credits. Commercial Envelope is ready to utilize the tax credits.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Liquor License Renewals
Councilmember Rowe moved to approve the first of two lists of liquor license renewals; seconded by Councilmember McCord.
Laura Guy, Finance Director, reported that all businesses are required to renew their liquor licenses by the end of June each year.
Councilmember Rodgerson presented statistics on the affects from alcohol.
Eugene Pinkerton, 508 West Walker, said he would like a dry county.
John Smith, 7 Chelsea Street, said he would like a dry county.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson nay; Rowe - aye. Ayes four; Nays one.
Committee/Board Appointments
Councilmember Rowe moved to reappoint Clif Rogers and Steve Funk to the Telecommunications Commission for three-year terms; seconded by Councilmember McCord. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Second Reading
BILL NO. 2007-24 ORDINANCE NO. 11800
AN ORDINANCE AMENDING ORDINANCE NO. 11796, OF CHAPTER 18, ARTICLE V, SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES.
WHEREAS, the Kirksville City Council adopted Ordinance No. 11796, at their regular meeting of April 4, 2007, regarding smoking prohibited in certain public places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, ADAIR COUNTY, MISSOURI, AS FOLLOWS:
Section 1. That Ordinance No. 11796, of Chapter 18, Article V, of the Code of Ordinances of the City of Kirksville, Missouri, be amended by replacing the following:
Division 3. SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES.
Section 18-89. Prohibition of smoking.
b)
Smoking is prohibited within a distance of ten feet (10) from entrances,
operable windows or ventilation systems of areas buildings or
structures where smoking is prohibited in Section 18-89a. This subsection
shall not apply to persons who are actively passing by such entrance, operable
window or ventilation system.
Section 2. That Ordinance No. 11796, of Chapter 18, Article V, of the Code of Ordinances of the City of Kirksville, Missouri, be amended by inserting the following:
Division 3. SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES.
Section 18-89. Prohibition of smoking.
c) Notwithstanding any other provision of this ordinance, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may thirty days after written notice is given to the City Clerk declare that the entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of this ordinance is posted by an owner, operator, manager, or other person in control of an establishment, facility or outdoor area.
Section 18-90. Responsibilities of proprietors, owners and managers.
b.
4. The above shall only be an affirmative defense for the one who owns, manages, operates, or otherwise controls a public space, and shall have no implication for an individual violating this ordinance as expressed by Section 18-89.
Section 3. This Ordinance will become effective on July 1, 2007, in conformance with Ordinance No. 11796.
Section 4. 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, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Councilmember Mayer moved to adopt Bill No. 2007-24 on final reading; seconded by Councilmember Rodgerson. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - nay. Ayes four; Nays none.
BILL NO. 2007-25 ORDINANCE NO. 11801
AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI ACCEPTING A CERTAIN STREET - QUEENS ROAD, AND WATERLINES, LOCATED IN THE KINGSRIDGE ADDITION.
BE IT ORDAINED by the City Council of the City of Kirksville, as follows;
WHEREAS, Searcy and Wayman Development Company, has by separate Deed of Dedication and subdivision plat, dedicated for public use all streets as shown on the plats for Kingsridge Addition, the same to be forever used and maintained by the public as such; and
WHEREAS, a certain street and waterline, as described below have been inspected and approved and are located on right-of-ways and easements previously dedicated to the public use under the terms of the original Deed of Dedication of Kingsridge Addition.
NOW, THEREFORE, the City of Kirksville, Adair County, Missouri, hereby accepts the following as shown on the as-built plans submitted to the City Engineers office.
a. A street designated as Queens Road from Knights Drive to Kings Road, and
b. Approximately 1445 lineal feet of 6 PVC water main which connect to existing City water mains within the Kingsridge Addition.
FURTHER, the City of Kirksville, Adair County, Missouri, in accepting the foregoing, agrees to be responsible for and maintain the foregoing items which have been dedicated to public use.
Councilmember Mayer moved to adopt Bill No. 2007-25 on final reading; seconded by Councilmember Rodgerson. The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - aye; Rodgerson aye; Rowe - aye. Nays none.
Water Treatment Chemical Fluoride Bid
Councilmember Rowe moved to rescind Council action on a previous approved bid to Harcos for fluoride chemical, and award the bid to Brenntag to provide fluoride for the water treatment plant; seconded by Councilmember Mayer.
John Buckwalter explained that Harcos was the low bidder and was awarded the bid by Council action in January of this year . Their product has not met contract terms. Therefore, the next low bidder, Brenntag at $10,974, is recommended.
The motion carried by the following vote: Mayor Newton - aye; Councilmembers: Mayer - aye; McCord - absent; Rodgerson aye; Rowe - aye. Nays none; Absent - one.
Council Comments:
City Manager Macomber reminded the Council of their meeting with the Adair County Commissioners next Tuesday.
Adjournment
Councilmember Rowe moved to adjourn to an Executive Session regarding litigation matters, RsMO 610.021(1); seconded by Councilmember Rodgerson.
The City Clerk took the roll call vote: Councilmember Mayer aye; Councilmember Rowe aye; Mayor Newton aye; Councilmember Rodgerson aye; Councilmember McCord absent. Ayes four; Absent one.
Mayor Newton adjourned the meeting at 6:25 p.m.
Vickie Brumbaugh, CMC, MRCC
City Clerk