REGULAR COUNCIL MEETING CITY OF EXCELSIOR SPRINGS EXCELSIOR SPRINGS, MISSOURI MAY 5, 2008

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REGULAR COUNCIL MEETING CITY OF EXCELSIOR SPRINGS EXCELSIOR SPRINGS, MISSOURI MAY 5, 2008 The City Council of the City of Excelsior Springs, Missouri met in Regular Session at 6:00 PM, Monday, May 5, 2008 in the Council Chambers of the Hall of Waters Building. The Meeting was called to order by Mayor Schutte The opening prayer was given by Christian Boudreaux of the Crescent Lake Christian Church. The Pledge of Allegiance was led by Mayor Schutte. Roll Call of Members: Present: Mayor Carolyn Schutte, Mayor Pro-Tem Ambrose Buckman, Councilmen Ken Fousek, Jim Nelson and Sonny Parker. Absent: None VISITORS: (Tape A40-100) Vincent Proctor, representing the Job Corps in Excelsior Springs, introduced Jonathan Kopper, president of the Job Corps Student Government. Jonathan stated that his group was attending the Council Meeting to see how the Council Meetings are run. Their group is not presently using the Roberts Rules of Order. Jonathan also introduced his fellow members of the Student Government: Kayla Jackson Jessica Widner David Allen Chris Cabaness Sean Roberson William Connor Also at this time, Officer Teague Grey of the Police Department, introduced the new K-9 officer, Zarko. Zarko and Officer Grey gave the Council a demonstration of the dog s prowess in seeking out hidden items. Zarko has been trained to seek out hidden stashes of methamphetamine, cocaine, heroin and marijuana, and will assist the Police Department in drug raids. MINUTES OF REGULAR COUNCIL MEETING ON APRIL 7, 2008, SPECIAL MEETING ON APRIL 14, 2008 AND REGULAR MEETING ON APRIL 21, 2008: (Tape A101-135) Councilman Nelson made a motion to approve the Minutes of the Regular Council Meeting held on April 7, 2008. Motion was seconded by Councilman Parker. Roll Call of Votes: Ayes: Nelson, Parker, Fousek, Schutte Abstain: Buckman Minutes of April 7, 2008 passed and approved May 5, 2008. Councilman Nelson made a motion to approve the Minutes of the Special Council Meeting held on April 14, 2008. Motion was seconded by Councilman Parker. Roll Call of Votes: Ayes: Parker, Fousek, Nelson, Schutte Abstain: Buckman Minutes of April 14, 2008 passed and approved May 5, 2008. Councilman Fousek made a motion to approve the Minutes of the Regular Council Meeting held on April 21, 2008. Motion was seconded by Councilman Parker.

Minutes of April 21, 2008 passed and approved May 5, 2008. CONSIDERATION OF AGENDA: (Tape A136-147) Councilman Parker made a motion to approve the Agenda, as printed. Motion was seconded by Mayor Pro-Tem Buckman. Roll Call of Votes: Ayes: Nelson, Parker, Fousek, Buckman, Schutte Agenda, as printed, passed and approved May 5, 2008. PROCLAMATION BUILDING SAFETY WEEK, 2008: (Tape A148-196) Mayor Schutte read, in part, a Proclamation naming the week of May 5 to 11, 2008 as Building Safety Week of 2008. This proclamation addressed critical safety issues to insure structures are safe and sound. RESOLUTION #763, RENEWAL OF AGREEMENT WITH EASTERN CLAY COUNTY AMBULANCE DISTRICT: (Tape A197-255) Fire Chief Kent Cantrell informed the Council that Eastern Clay County has expressed a desire to renew their contract for ambulance service with the City for one more year. This is the same contract used for the last three years. The Fire Department answers approximately 100 ambulance calls to this area in a years time. It renders approximately a two percent profit on the calls. Councilman Nelson made a motion to approve Resolution #763, authorizing the City Manager to enter into an agreement with Eastern Clay County Ambulance District to provide advanced life support ambulance services to Eastern Clay County Ambulance District as outlined in the document titled Contract to Provide Ambulance Service to an Ambulance District. Motion was seconded by Councilman Parker. Resolution #763 passed and approved May 5, 2008. LIQUOR LICENSE APPLICATION CENTERFIELD PUB: (Tape A256-302) Police Chief John McGovern informed the Council that he is recommending the license be issued for the rest of this year, and all of next year. This license is being issued only after they have satisfied requirements for their business and obtained their state liquor license. Councilman Parker made a motion to approve a request by Justin Ballantyne for a Liquor by the Drink License for Centerfield Pub, located at 115 Crown Hill Road, Ste. 8, Excelsior Springs, Missouri. Motion was seconded by Councilman Fousek. Roll Call of Votes: Ayes: Nelson, Fousek, Parker, Buckman, Schutte Liquor License for Centerfield Pub passed and approved May 5, 2008. ORDINANCE #08-5-1, DIGITAL VOICE RECORDING SYSTEM AND BUDGET AMENDMENT: (Tape A303-

413) Mayor Schutte read by title the First Reading of Ordinance #08-5-1. Police Chief McGovern informed the Council that the system now in place has been there since 1999 the tapes are failing, the hardware is failing and the system is no longer reliable. With this new system all the information will be stored on the hard drive, not on tapes. Mayor Schutte asked if there had not been a reserve amount set aside for this purchase. She was advised that there was. Councilman Parker made a motion to place on Second Reading Ordinance #08-5-1, authorizing the Chief of Police to purchase a digital voice recording system from Nelson Systems, Inc., in the amount of $39,632.14. Motion was seconded by Mayor Pro-Tem Buckman. Mayor Schutte read by title the Second Reading of Ordinance #08-5-1. Councilman Parker made a motion to approve Ordinance #08-5-1, authorizing the Chief of Police to purchase a digital voice recording system from Nelson Systems, Inc., in the amount of $39,632.14. Motion was seconded by Mayor Pro-Tem Buckman. Ordinance #08-5-1 passed and approved May 5, 2008. ORDINANCE #08-5-2, CONTINUATION OF TRANSPORTATION TRUST SALES TAX: (Tape A414-553) Mayor Schutte read by title the First Reading of Ordinance #08-5-2. City Attorney John McClelland informed the Council that the current Transportation Sales Tax is due to expire in September. A renewal of this tax has been approved by the voters and this Ordinance is needed to clean up the current Ordinance. The new tax taking effect on October 1, 2008 will have no expiration date. Councilman Fousek stated the Ordinance can be repealed by the Council and not require a citizen vote. Mayor Schutte asked if the tax could be stopped and started up again at a later date. McClelland advised that if the Council feels the tax is no longer needed, then the Council can repeal the Ordinance. However; should the Council repeal the Ordinance, it cannot be started again without a vote of the public. Mayor Pro-Tem Buckman made a motion to place on Second Reading Ordinance #08-5-2, approving the continuation and imposing a city sales tax at the rate of one-half of one percent of the receipts from sales and services at retail of all tangible personal property or taxable services at retail within the City of Excelsior Springs, Missouri for the purposes of transportation and funds received be remitted to the treasurer of the City of Excelsior Springs. Motion was seconded by Councilman Parker. Roll Call of Votes: Ayes: Nelson, Parker, Fousek, Buckman, Schutte Mayor Schutte read by title the Second Reading of Ordinance #08-5-2.

Councilman Nelson made a motion to approve Ordinance #08-5-2, approving the continuation and imposing a city sales tax at the rate of one-half of one percent of the receipts from sales and services at retail of all tangible personal property or taxable services at retail within the City of Excelsior Springs, Missouri for the purposes of transportation and funds received be remitted to the treasurer of the City of Excelsior Springs. Motion was seconded by Councilman Fousek. Ordinance #08-5-2 passed and approved May 5, 2008. ORDINANCE #08-5-3, ADDITION OF CHAPTER 407, STORMWATER MANAGEMENT: (Tape A554-610) Mayor Schutte read by title the First Reading of Ordinance #08-5-3. Public Works Director Chad Birdsong briefed the Council on this Ordinance. Councilman Parker made a motion to place on Second Reading Ordinance #08-5-3, amending Title IV: Land Use of the municipal code of the City of Excelsior Springs, Missouri, by the addition of Chapter 407: Storm water Management. Motion was seconded by Mayor Pro-Tem Buckman. Mayor Schutte read by title the Second Reading of Ordinance #08-5-3. Ordinance #08-5-3 will be brought back to the next regularly scheduled Council Meeting for approval. ORDINANCE #08-5-4, CONTRACT WITH DEP FOR MARKETING AND CORRESPONDING BUDGET AMENDMENT: (Tape A611-853) Mayor Schutte read by title the First Reading of Ordinance #08-5-4. The City Manager introduced Mr. Winge, Administrator of the Elms Hotel. Mr. Winge stated these funds will be used to bring tourists to the City and to the Elms. He will advertise in places like Des Moines, IA and Omaha, NE, etc. The majority of advertising will be printed ads in vacation guides. Councilman Fousek made a motion to place on Second Reading Ordinance #08-5-4, authorizing the City Manager to enter into a contract with the Downtown Excelsior Partnership for advertising and amending the budget of the Elms Hotel Event Fee Fund. Motion was seconded by Mayor Pro-Tem Buckman. Mayor Schutte read by title the Second Reading of Ordinance #08-5-4. Councilman Nelson made a motion to approve Ordinance #08-5-4, authorizing the City Manager to enter into a contract with the Downtown Excelsior Partnership for advertising and amending the budget of the Elms Hotel Event Fee Fund. Motion was seconded by Mayor Pro-Tem Buckman. Ordinance #08-5-4 passed and approved May 5, 2008.

APPROPRIATIONS ORDINANCE #08-5-5: (Tape A851-997) Mayor Schutte read by title the First Reading of Appropriations Ordinance #08-5-5. Members of the Council went over the Appropriations reports line-by-line. Councilman Nelson requested that Parks & Recreation be advised to make purchases within the City limits. Mayor Pro-Tem Buckman made a motion to place on Second Reading Appropriations Ordinance #08-5-5, in the amount of $531,153.42. Motion was seconded by Councilman Nelson. Roll Call of Votes: Ayes: Nelson, Parker, Fousek, Buckman, Schutte Mayor Schutte read by title the Second Reading of Appropriations Ordinance #08-5-5. Councilman Nelson made a motion to approve Appropriations Ordinance #08-5-5, in the amount of $531,153.42. Motion was seconded by Mayor Pro-Tem Buckman. Appropriations Ordinance #08-5-5 passed and approved May 5, 2008. REMARKS CITY MANAGER AND CITY COUNCIL: (Tape A998-1378) City Manager Haugland: 1. Will be out of the office from Wednesday through Friday. Will be attending the City Manager s Spring Conference in Branson, MO. 2. This past Friday he took part in the Good Samaritan Charity Golf Tournament. It was an enjoyable event. Councilman Parker: 1. Feels bad that the newspaper was not here. (Note: a new correspondent from the paper was here.) 2. The job being done on North Jesse James Road by MODOT s contractor is not up to par it is a horrible job. He for one has complained to the state and they are going to send someone out to look at it tomorrow. Mayor Pro-Tem Buckman: 1. Is the City responsible for doing the shoulders of North Jesse James Road. He was advised that the City is responsible. Councilman Nelson: 1. Agree that MODOT s contractor done a terrible job. The City is so used to the City crew doing such an excellent job, we are just not used to an unacceptable job. Councilman Fousek: 1. Would like to thank the Police Department dog. 2. Would like to thank the Fire Department for their fire truck and ambulance demonstration. 3. Would like to thank Mr. Proctor of the Job Corps. Wished them good luck do your best. Mayor Schutte: 1. It was an outstanding event at the Fire Department in their demonstration of their Fire truck and ambulance. In old times everyone admired the big and pretty fire truck; but, it is firemen who save lives and put their lives on the line. 2. All the Boards and Commissions have vacancies. There are two new boards Golf and Airport. Anyone interested in serving on these boards, please contact the City.

With no further business at hand, Mayor Schutte called for a motion to adjourn the Regular Meeting and go into closed session. Councilman Nelson made a motion to adjourn the Regular Council Meeting and go into closed session pursuant to RSMo 610.021 (1) Legal. Motion was seconded by Councilman Parker. Regular Meeting adjourned at 6:54 PM. ATTEST: CAROLYN SCHUTTE, MAYOR FRANCES SMITH, CITY CLERK