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					Council Agenda                                                                                            February 16, 2004



                                                ACTION AGENDA

                                                     February 16, 2004

                                             6:00 P.M., Council Chambers


General Council Members                                   MAYOR                                 Zone Council Members
  Rebecca Kanan                                        Richard H. Russell                  Gary Shaw
  Don Landrith                                                                                    Vesta Grindstaff
  Phil Stinnett                                                                                   Richard H.Russell
    (Mayor Pro Tem)                                                                               Jon Tupper
  Jim West
  Mike Woolston

1.       Call to Order
         Invocation –read by city Clerk, Barbara Hogelin
         Pledge of Allegiance
                 Boy Scout Troop 10, First Presbyterian Church, presented the colors.
                 Mayor Russell presented Troop 10 with a Proclamation recognizing them as
                 being one of the oldest Scout Troops in the State. They are celebrating 85
                 years of Scouting.
2.       Roll Call –all were present
3.        Finalization of Consent Agenda
4.        Presentations
          Proclamation recognizing February 16-22, 2004 as National Patriotism Week. Members
          of the Elks Lodge were present to receive a Proclamation recognizing National
          Patriotism Week.
5.       Citizen Requests and Petitions
         Request to address Council from Mr. Martin Lindstedt, 338 Rabbit Jack Road, Granby, Mo,
         with police concerns. Mr. Martin Lindstedt, 338 Rabbit Jack Road, Granby, Mo,
         addressed Council.
          Request to address Council from Mr. Dewayne Patton, Sr. General Manager/Northpark
          Mall, regarding the sales tax holiday opt out option. Mr. Dewayne Patton, Sr. General
          Manager/Northpark Mall, addressed Council requesting the council choose the opt
          out option offering a tax free holiday sale weekend in August, 2004. He handed out
          copies of newspaper articles and reports he generated showing gross receipts on opt
     Anyone wishing to address the Council should step to the Podium and state their name and address. If the matter
     is not a Public Hearing, a request to speak to the Council should be prepared prior to the meeting. Speaking time
     will be limited to five minutes.

     Sound enhancement units are available for hearing impaired customers. You will be asked to provide a form of
     identification as security, which will be returned when you return the unit.
     If you are in need of disability related auxiliary aids or services, contact the City Clerks Office at (417) 624-0820 ext. 220.
      Forty-eight hours notice is requested.
Council Agenda                                     2                          February 16, 2004

        out weekends in various cities.

        Request to address Council from Mr. Bill Ackelmire, JC Penney, Northpark Mall, regarding
        the sales tax holiday opt out option. Mr. Bill Ackelmire, JC Penney, Northpark Mall,
        appeared before Council requested Council choose the opt out option.

        Request to address Council from Mr. Jim Henderson of Sears, Northpark Mall, regarding the
        sales tax holiday opt out option. He did not appear before council.

        Request to address Council from Mr. Steve Connor of Lynn’s Hallmark, Northpark Mall,
        regarding the sales tax holiday opt out option. He did not appear before Council.

        Request to address Council from Mr. Chris Leiter of For-All-Bible Center, Northpark, Mall,
        regarding the sales tax holiday opt out option. Mr. Chris Leiter of For-All-Bible Center,
        Northpark, Mall, addressed council requesting council to consider the holiday tax
        free Ordinance for Joplin.
6.      Public Hearings
        Public Hearings Procedures- read by City Clerk Barbara Hogelin
        PUBLIC HEARING to discuss the cable television operating franchise for Cable One Inc.
        Charlotte McClure, 6233 Highland Drive, Joplin, expressed the last five years had been very
        eventful for Cable One. She stated digital service and high definition had been added along with
        the Spanish language to the tv, increased the MHZ’s and added high speed modem service at a
        cost of six million dollars. She additional said the power supply had been increased as well.

        She said same day service and same day installation had been instilled in their customer service
        area. In March, 2004, 24-hour service will be available operating from their call station in
        Phoenix, AZ. She further stated Cable One is committed to the community by providing free
        service to area schools and working with the cable station at MSSU. The Police and Fire
        stations also receive free service. And, public service announcements are announced free on 16
        channels. She said Cable One supports local charities and pays local and property taxes in a
        substantial amount. She said Cable One strives to provide the best customer service possible.

        PUBLIC HEARING for approving the Solid Waste Collection Franchise Agreement by and
        between the city of Joplin, Missouri, a Municipal Corporation, and American disposal services,
        Inc., for a term of five (5) years, commencing on April 1, 2004, dealing generally with the
        franchising for commencing of solid waste from city residents; and authorizing the Interim City
        Manager to execute the same by and on behalf of the city of Joplin.

        Motion by Mr. Landrith, Second by Mr. Woolston to Place Council Bill No. 2004-005 on
        First Reading and Pass. Voting in favor were Council Members: Grindstaff, Kanan,
        Landrith, Russell, Shaw, Stinnett, Tupper, West and Woolston 9. Nays: 0.

        The Bill was read as being: COUNCIL BILL NO. 2004-005

        AN ORDINANCE approving the Solid Waste Collection Franchise Agreement by and between
Council Agenda                                     3                          February 16, 2004

        the City of Joplin, Missouri, a Municipal Corporation, and American Disposal Services, Inc., for
        a term of five (5) years, commencing on April 1, 2004; dealing generally with the franchise for
        collection of solid waste from City residents; and authorizing the Interim City Manager to
        execute the same by and on behalf of the City of Joplin.

7.      Consent Agenda –Motion by Mr. West, Second by Mr. Shaw to Approve. Motion
        carried, 9-0.
        COUNCIL BILL NO. 2004-207 - AN ORDINANCE establishing grades and accepting the
        Plat of SPICER COMMERCIAL CENTER PLAT 1 located on the north side of Highway FF
        (32nd Street) approximately one-third mile west from the Intersection of Highway FF (32 nd
        Street) and Highway 71 in the City of Joplin, Jasper County, Missouri. Ordinance No. 2004-
        037

        COUNCIL BILL NO. 2004-208 - AN ORDINANCE establishing grades and accepting the
        Plat of NORTH PORT ACRES PLAT NUMBER 2 located on the west side of Hickory Avenue
        at the intersection of Hickory Avenue and Northport Drive in the City of Joplin, Jasper County,
        Missouri. Ordinance No. 2004-038

        COUNCIL BILL NO. 2004-209 - AN ORDINANCE establishing grades and accepting the
        Plat of NORTHBROOK FIFTH ADDITION located along Katie Lane approximately 300 feet
        from the intersection of Katie Lane and Highland Avenue in the City of Joplin, Jasper County,
        Missouri. Ordinance No. 2004-039
8.     Resolutions
       RESOLUTION NO. 2004-003 - A RESOLUTION rescinding Resolution No. 2003-020 passed
       by the council of the City of Joplin on the 17th day of March, 2003, and establishing a new
       policy for payment of special assessment by the City for property owners with low incomes and
       establishing regulations therefore. Motion by Mr. Shaw, Second by Mrs. Grindstaff to
       Approve. Motion carried, 9-0.

9.     Ordinances – Emergency
       COUNCIL BILL NO. 2004-009 - AN ORDINANCE approving a Purchase Agreement by and
       between the City of Joplin and Xeta Technologies, Inc., for purchase and installation of a new
       telephone system for the Newman Building and the current City Hall building; authorizing the
       Interim City Manager to enter into and execute said Agreement by and on behalf of the City of
       Joplin; and, containing an emergency clause. Motion by Mr. Woolston, Second by Mr.
       Landrith, to Adopt. Motion carried, 9-0. Ordinance No. 2004-040

        COUNCIL BILL NO. 2004-069 - AN ORDINANCE approving the contract with Snyder
        Construction in the amount of One Million Three Hundred Eleven Thousand Seven Hundred 36
        and 98/100 Dollars ($1,311,736.98) for the Schifferdecker – 20th to 32nd Street Paving Project.
        providing how the cost shall be made and levied; and containing an emergency clause. Motion
        by Mrs. Grindstaff, Second by Mrs. Kanan, to Adopt. Motion carried, 9-0. Ordinance
        No. 2004-041

        COUNCIL BILL NO. 2004-070 - AN ORDINANCE approving the contract with Lynn Rowe
Council Agenda                                       4                           February 16, 2004

        for the demolition of structure(s) and clearing of lot area located at 827 Chestnut in the City of
        Joplin, Missouri, for the amount of Two Thousand and No Cents ($2,000.00); providing how
        the cost thereof shall be paid; how the assessment thereof shall be made; and containing an
        emergency clause. Motion by Mr. Landrith, Second by Mr. West, to Adopt. Motion
        carried, 9-0. Ordinance No. 2004-042

        COUNCIL BILL NO. 2004-350 - AN ORDINANCE authorizing the City of Joplin, through
        the Department of the Community Development Block Grant Program to enter into an
        Agreement with Great Outdoors Grill Company; authorizing the Planning and Community
        Development Manager to execute an Agreement for and on behalf of the City of Joplin to
        provide economic development funds for equipment costs; appropriating funds for the payment
        of $100,000.00 from Community Development Block Grant Funds, Grant #’s B-01-MC-29-
        0008 and B-02-MC-29-0008; and containing an emergency clause. Motion by Mr. West,
        Second by Mrs. Grindstaff, to Adopt. Motion carried, 9-0. Ordinance No. 2004-043

        COUNCIL BILL NO. 2004-600 - AN ORDINANCE approving a Development Agreement for
        the financing, construction, marketing, and sale of affordable homes in Edwards’ Schoolview
        Acres Subdivision by the and between City of Joplin, Corner Stone Construction, and the Joplin
        Housing Authority; authorizing the Director of Community Development to execute said
        Development Agreements by and on behalf of the City of Joplin, and containing an emergency
        clause. Motion by Mr. Shaw, Second by Mrs. Grindstaff to Adopt. Motion carried, 9-0.
        Ordinance No. 2004-044

10.     Ordinances – First Reading
        COUNCIL BILL NO. 2004-003 - AN ORDINANCE repealing Section 82-46, Failure to
        return rented property., of the Joplin City Code and enacting in lieu thereof, a new Section 82-
        46, Failure to return rented property., of the Joplin City Code. Motion by Mr. Woolston,
        Second by Mr. Tupper to Pass Council Bill No. 2004-003 on First Reading and
        Advance to Second and Third Reading. Motion carried, 9-0.

        COUNCIL BILL NO. 2004-006 - AN ORDINANCE approving the Trash Billing Agreement
        by and between the City of Joplin, Missouri, a Municipal Corporation, and Missouri
        American Water Company, for a term of one (1) year, commencing on April 1, 2004, dealing
        generally with the billing and collection of fees for solid waste collection on behalf of the City
        of Joplin; and authorizing the Interim City Manager to execute the same by and on behalf of
        the City of Joplin. Motion by Mr. Stinnett, Second by Mr. Landrith to Pass Council Bill
        No. 2004-006 on First Reading and Advance to Second and Third Reading. Motion
        carried, 9-0.

        COUNCIL BILL NO. 2004-008 - AN ORDINANCE amending Chapter 118, Utilities.,
        Article II, Sewers and Sewage Disposal., Division 6 Rates and Charges., of the Joplin City
        Code, by repealing sections 118-201 through 118-213, inclusive, of Division 6 in their
        entirety and enacting new sections 118-201 through 118-211, inclusive, of Division 6. Rates
        and Charges.; dealing generally with the establishment of sewer rates for the City of Joplin,
        Missouri. Motion by Mr. Woolston, Second by Mr. Landrith to Amend Council Bill
        No. 2004-008 to include “3/4 “ meter or smaller”. Motion carried, 9-0.
Council Agenda                                    5                          February 16, 2004



        Motion by Mr. Woolston, Second by Mr. Tupper to Pass Amended Council Bill No.
        2004-008 on First Reading and Advance to Second and Third Reading. Motion
        carried, 9-0.

        COUNCIL BILL NO. 2003-049 - AN ORDINANCE prohibiting the provisions of Section
        144.049, RSMo., 2003, from exempting sales of certain clothing, personal computers, certain
        computer software, and school supplies that occur within the boundaries of said City of Joplin,
        Missouri, during August 13, 2004 through August 15, 2004 from local sales taxes. Motion by
        Mr. Landrith, Second by Mr. West to Table to the March 1, 2004 Council meeting.
        Motion carried, 9-0.

11.     Ordinances – Second and Third Reading

12.     Unfinished Business

13.     New Business
        Appointment of the membership to the Transportation Study Task Force.
        Motion by Mr. West, second by Mrs. Kanan to appoint the following individuals to the
        Transportation Study Task Force. Motion carried, 9-0.
        Doug Doll, Marty Wheelan, Clyde Morrison, Mike Pence, Lyle green, Floyd Belk, Mark
        Tozzio, Gwen Delano, John Brown, Bo Lee, Chuck Brown, Bud Smith, Alden Buerge,
        Tom Jensen, DeWayne, Patton, Jim Fleischaker, Brian Newton and Danny Caylor.

        There being no further business to come before Council the meeting adjourned at 7:23
        p.m.

        Respectfully submitted,


        Barbara Hogelin, CMC/MRCC
        City Clerk of Joplin

				
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