December 24, 1998, 8:00 a.m.

Present: Mayor Scott Fleetwood
Alderman Herman Davis
Alderman Delmar Guthery
Alderman Leon Harris
Alderman Don Davidson

Call to order: Meeting called to order by Mayor Fleetwood.

Roll call: Upon call of the roll, the following aldermen were present: Herman Davis, Delmar Guthery, Don Davidson, Leon Harris.

Resolution 98.14: A resolution of the city stating intent to seek funding through the Community Development Block Grant and authorizing the mayor to pursue an attempt to secure funding for development of an east/west road linking the two industrial parks and an access road to Missouri Highway 5. Herman Davis made a motion to approve Resolution #98.14. Second to the motion by Leon Harris. Motion carried. All in favor.

Resolution 98.13: Notice of Award of Contract to Circle P Welding. Bids were tabulated and verified by Scott Consulting Engineers: Circle P Welding has been determined to be low bidder on Section I-Tank at $186,347. Motion by Herman Davis to approve Resolution #98.13. Second to the motion by Don Davidson. Motion approved. All in favor.

RBEG: Mayor Fleetwood up-dated the aldermen about the Rural Business Enterprise Grant monies – our application for road improvements to gain access to the water storage tank at the northwest corner of Industrial Park. Engineering cost estimate was $54,000; Rural Development’s area allocation of funds available for this project is $38,400.

Letter to Judge Moody regarding court facilities: Mayor Fleetwood has written a letter to Judge John Moody asking him to reconsider the use of the county court room for city court. He has objected to the city holding municipal court in the Courthouse. Aldermen co-signed the letter, along with Mayor Fleetwood.

Electric/maintenance building: Mayor Fleetwood submitted a sketch of the building being planned to be built at the airport for use by the electric and maintenance departments. The dimensions of the building are 30’ x 120’ with ten overhead doors.

There was discussion about the building located on NE Fifth Street, which is now being used by the city electric department. Mayor Fleetwood has asked Roy Freeman to look at the roof and general structure condition of this building, which will be renovated for use by the water/sewer department.

Location of storage of electric poles was considered.

Excavations: Mayor Fleetwood received a letter from City Attorney Carl Smith expressing his opinion on excavations as follows: "The councilmen were concerned about who would pay for repairs to damaged streets or sidewalks due to excavations done by private contractors at the request of property owners. Enclosed please find Section 42-45 of the City Code of Ordinances which answers questions on this issue. If, after reading the ordinance, you have any questions, please feel free to contact me."

BOCA code: A letter from City Attorney Carl Smith issuing has opinion on the city adopting the BOCA code states: "I believe consensus was that the present city code sufficiently guarded against poor construction as to residential structures but was lacking concerning commercial construction. After reading

the City Code, I see no reason why BOCA code cannot be incorporated into that particular ordinance section to apply to commercial structures."

Sidewalks: A letter from City Attorney Carl Smith discusses the research he has done about the responsibility/liability of city sidewalks. He referred to the City Code of Ordinances Chapter 42 Section 46 Sidewalk Construction and Section 48 Condemnation of Sidewalk. His response: "these two statutes clearly imply that the property owner is responsible for the construction, maintenance and repair of sidewalk adjacent to his property. Implication I Section 42-46 is clear in that the property owner may construct, maintain or repair his sidewalk only upon the condition that it needs building and construction specifications which may be contained in other city ordinances. Section 42-48 goes even further making it a criminal offense if the property owner does not repair his adjacent sidewalk within 3 days after being given notice of its poor condition. As a liability, it is also clear that the city is also liable in persons that are injured because of poor condition of sidewalks."

Chamber of commerce: Agreement has been signed by Karen Mendel and she has paid the money she owed the Chamber of Commerce.

Adjournment: Motion made by Herman Davis to adjourn. Second to the motion by Don Davidson. Motion approved. All in favor.

On January 11, 1999, minutes were:

_____ Approved by Board of Aldermen as written

_____ Corrected or amended by Board of Aldermen

___________________________________

Mayor Scott Fleetwood