MARIONVILLE CITY COUNCIL REGULAR MEETING
Marionville Fire Station Conference Room, 101 S Central
Thursday, May 14, 2015 at 6:30p.m.
Mayor Rapp called the meeting to order at 6:30p.m. On roll call the following Aldermen were present.
David Arnsmeyer
Wanda Montgomery
Donna White
Kay Leffingwell
Debbie Sallee
George Jennings
Several citizens were also present along with City Attorney, Ken Reynolds.
Following roll call Mayor Rapp led the Pledge of Allegiance and then opened the meeting with prayer.
Approve order of agenda: Alderman Leffingwell made a motion to approve the order of the agenda.
Alderman Arnsmeyer seconded the motion. Motion passed on the following roll call vote:
AYES: 6- Leffingwell, Jennings, Sallee, Montgomery, White Arnsmeyer
Approve Minutes of the April 9, 2015 meeting: Alderman Leffingwell made a motion to approve the minutes
of April 9, 2015 meeting as presented. Alderman Jennings seconded the motion. Motion passed on the
following roll call vote:
AYES: 3- Jennings, White, Leffingwell
ABSTAIN: Arnsmeyer (absent); (Sallee and Montgomery not sworn in yet)
Approve Minutes of the April 10, 2015 meeting: Alderman Leffingwell made the motion to approve the
minutes of April 10, 2015 meeting as presented. Alderman Arnsmeyer seconded the motion. Motion passed on
the following roll call vote:
AYES: 5- Sallee, Montgomery, Arnsmeyer, Jennings, Leffingwell
ABSTAIN: White (absent)
Approve payment of Bills, Adjustments, Bank Recs and Cash reports: Alderman Arnsmeyer asked about the
seventy-four (74) hours of overtime for the police. Chief Witthuhn stated it was an oversight on his part when
the police officers went to twelve (12) hour shifts. Marionville pays different than Aurora does. Alderman
Arnsmeyer asked if the bills included the retro pay for the pay increases from last month. Retro pay was
included. Alderman White made the motion to approve the bills, adjustments, bank recs and cash reports as
presented. Alderman Leffingwell seconded. Motion passed on the following roll call vote:
AYES: 5- Sallee, Jennings, Leffingwell, Montgomery, White
NAYES: 1- Arnsmeyer (Alderman Arnsmeyer was concerned that the retro pay was in violation of state
constitution because the Missouri Municipal League indicated that would be like a bonus. Attorney Reynolds
indicated it was ok to give the retro pay because we were not giving them a bonus, it is a pay increase effective
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on their anniversary date. Alderman Arnsmeyer was concerned because other employees earlier were denied
raises due to shortages of funds and last month we went back to give some raises.)
Citizens Comments/Official Guests and Visitors:
(none)
Vote to go into closed session pursuant to RSMo 610.021 (1) Litigation: Alderman White made the motion to
go into closed session. Alderman Leffingwell seconded the motion. Motion passed on the following roll call
vote:
AYES: 6- Arnsmeyer, White, Sallee, Jennings, Montgomery, Leffingwell
Aldermen went into closed session at approximately 6:50 p.m.
Votes in closed session: Alderman Arnsmeyer made the motion to return to open session at approximately
7:10 p.m. Alderman Sallee seconded the motion. Motion passed with the following roll call vote:
AYES: 6- Arnsmeyer, Jennings, Montgomery, White, Leffingwell, Sallee
(Alderman Sallee left the meeting at this time to attend a school function)
Mayor Rapp stated the closed session was due to litigation. Any votes that were taken will be made public
upon final disposition of the matter voted upon.
OLD BUSINESS
Derek Eckles’ request regarding his sidewalk: Mr. Eckles stated he had been approved earlier for the brick
sidewalk; however, he indicated he didn’t have time to do the brick and he had a sixty (60) foot section that
really needs to be fixed. He was supposed to have a bid on the concrete, but he wasn’t able to get that before
the meeting. Alderman Arnsmeyer asked if an ordinance was done to remove the section that states the city
would pay for half. Mr. Eckles indicated his request was approved before that was done. Mr. Eckles asked if
the sidewalks were on the city easement and who was liable. Alderman White stated we would need estimates
before we could move on this. Alderman Arnsmeyer made the motion to postpone this until next month to
check on the ordinance and give Mr. Eckels time to get estimates. Alderman White seconded the motion.
Motion passed on the following roll call vote:
AYES: 5- White, Montgomery, Arnsmeyer, Leffingwell, Jennings
ABSENT: 1- Sallee
Discuss 2012 International Fire Code: Alderman Arnsmeyer stated this code includes a lot of good stuff but
also intrusive in other areas. There are a lot of administrative issues. It regulates candle light services, sizes of
propane tanks, etc. He has several concerns with it. Alderman Arnsmeyer made the motion to drop this matter.
Alderman White seconded the motion. Motion passed on roll call vote as follows:
AYES: 5- Jennings, Leffingwell, Arnsmeyer, Montgomery, White
ABSENT: 1- Sallee
NEW BUSINESS
Elect Mayor Pro Tem: Alderman White made the motion to appoint George Jennings. Alderman Jennings
made the motion to appoint Kay Leffingwell as Mayor Pro Tem. Alderman White rescinded her motion.
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Alderman Arnsmeyer seconded the motion to appoint Kay Leffingwell as Mayor Pro Tem. Motion passed on
roll call vote as follows:
AYES: 4- Montgomery, Arnsmeyer, White, Jennings
ABSENT: 1- Sallee
ABSTAIN: 1- Leffingwell
Request by Cathy Kienenberger regarding adding a webpage to the City website for Applefest: Mrs.
Kienenberger stated she was there on behalf of Applefest. Since the City and Applefest work together to
promote the city, they would like to get Applefest information and forms on the city webpage. Patrick, with PC
Alliance, said the website is capable and he would charge them the same rate he charges the city. The forms
would include entry forms for the Pageant, Booths, Parade, etc. This would save a lot of phone calls and
postage. Applefest will just be on Friday and Saturday and they are considering promoting a city wide garage
sale. Alderman Arnsmeyer made the motion to approve adding Applefest information and forms to the City’s
webpage and Applefest pay for that setup. Alderman Montgomery seconded. Motion passed on roll call vote
as follows:
AYES: 5- Leffingwell, Jennings, White, Montgomery, Arnsmeyer
ABSENT: 1- Sallee
Seth and Mindy Forester’s request regarding parking of a trailer on City property: Seth Forester stated he
had asked Mayor Rapp about parking his trailer on city property on Coleman, which is across the street from his
house. She agreed he could until someone complained, which apparently someone has. It is a flatbed trailer
and is off the road. Alderman Arnsmeyer commented what we do for one we have to do for others. Possibly
set up a policy. Mayor Rapp asked if he had insurance on it, Seth said yes. Alderman Leffingwell commented
she likes the idea of parking somewhere like that and not on the streets. Alderman Arnsmeyer made the motion
to adopt a policy to allow truck drivers to park trailers on the 4.75 acres the city owns on Coleman, but not to
interfere with the mobile homes, for five dollars ($5) a month with proof of insurance. Alderman Leffingwell
Seconded. Motion passed on roll call vote as follows:
AYES: 5- Jennings, Arnsmeyer, White, Montgomery, Leffingwell
ABSENT: 1- Sallee
Ordinance 06-2015, Bill 2015-06-“AN ORDINANCE AMENDING THE PERSONNEL HANDBOOK BY
ADDING ITEM THREE (3) UNDER OVERTIME”: Chief Witthuhn explained when the officers went to
twelve (12) hour shifts, it created some overtime for the Marionville officers. Marionville bases their overtime
on a forty (40) hour week. This would base officer’s overtime on eighty (80) hours in two weeks. Alderman
Arnsmeyer believed this could save on a lot of overtime. Bill 2015-06-- Ordinance 06-2015, was read twice by
title only, copies having been made available for public inspection before the meeting. Alderman White made
the motion to adopt Ordinance 06-2015 as presented. Alderman Jennings seconded. Motion passed on roll call
vote as follows:
AYES: 5- White, Leffingwell, Jennings, Arnsmeyer, Montgomery
ABSENT: 1- Sallee
Ordinance 07-2015, Bill 2015-07—“AN ORDINANCE AMENDING SECTION 4C UNDER VACATION IN
THE PERSONNEL HANDBOOK”: Mayor Rapp stated currently employees can take vacation in four (4) or
eight (8) hour increments. This would allow employees to vacation in one (1) hour or more segments. Bill
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2015-07—Ordinance 07-2015 was read twice by title only, copies having been made available for public
inspection before the meeting. Alderman Arnsmeyer made the motion to adopt Bill 2015-07 as presented.
Alderman Leffingwell seconded. Motion passed on roll call vote as follows:
AYES: 5- White, Leffingwell, Jennings, Montgomery, Arnsmeyer
ABSENT: 1- Sallee
Ordinance 04-2015, Bill 2015-04—“AN ORDINANCE APPROVING THE ZONING CHANGE OF
PROPERTY FROM AGRICULTURE DISTRICT TO MULTIFAMILY AND COMMERCIAL DISTRICT”:
It was mentioned that Diane May called City Hall earlier and stated the fourteen (14) days only applied to
annexation, but the message was received late. Mayor Rapp stated this should probably wait until the next
meeting since the people at the public hearing were told they had fourteen (14) days to respond to the rezoning.
Alderman White made the motion to postpone voting on this ordinance until next month. Alderman Arnsmeyer
seconded. Motion passed on roll call vote as follows:
AYES: 5- Arnsmeyer, Montgomery, Leffingwell, White, Jennings
ABSENT: 1- Sallee
Police Cars: Chief Witthuhn stated he was aware of how the money situation is but needed to discuss a new
car. The Durango is having transmission issues and has $3500 of hail damage. Plus it is now going to cost over
$1,000 to repair MPD#1. We could possibly get $2,000-$3,000 for the Durango. The Durango has over
100,000 miles on it. Do we fix the cars or sell them? Chief indicated Republic Ford has a police Ford Explorer.
The price is $32,900 without dealing. It would need to be painted black and white. There is a lease program
where you can pay $8,000 to $9,000 a year which would help with the budget. Alderman Arnsmeyer indicated
it would be better to replace the Durango than fix it. Alderman Arnsmeyer made the motion for the Chief
Witthuhn to try to sell MPD1. Alderman White seconded. Motion passed on roll call vote as follows:
AYES: 5- Leffingwell, Jennings, White, Arnsmeyer, Montgomery
ABSENT: 1- Sallee
Alderman White made the motion to allow Chief Witthuhn to check into purchasing a car on the three (3) year
lease purchase agreement. Alderman Arnsmeyer seconded. Motion passed on roll call vote as follows:
AYES: 5- Arnsmeyer, Leffingwell, Montgomery, Jennings, White
ABSENT: 1- Sallee
National Police/Employee Week Proclamation and drawing: Mayor Rapp asked if the aldermen would be
willing to have a drawing to pay two (2) full time employees for four (4) hours paid time off and pay one (1)
part time employee for two (2) hours paid time off, in honor of National Police Week and National Employee
Week. We have three (3) part time employees and eight (8) full time employees. We have read where cities
have done this and some have provided breakfasts, picnics, etc. Alderman Arnsmeyer stated it was nice to
show appreciation, however according to the Missouri Municipal League that could be in violation of State
Statute. Mayor Rapp read a Proclamation in appreciation to the police personnel and a Proclamation for service
to all employees and declared May 15, 2015 as Employee Appreciation Day. Aldermen discussed doing
something for everyone not just a few employees. It was mentioned to give each employee some paid time off.
Alderman Jennings stated they could give each employee two (2) hours paid time off on a Friday after 3:00 p.m.
because they probably don’t do anything anyway. No further discussion, suggestions, or motion was made on
this matter.
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Per Alderman Leffingwell—Discuss information in Aldermen’s packet: Alderman Leffingwell asked if they
needed all the papers in their packets. For example the timecards, she didn’t always look at. Alderman
Arnsmeyer commented he liked looking at the timecards. They are responsible for that. E-mailing the
information was discussed to cut down on paper. It was mentioned the copier at City Hall has a scanner but
never has worked properly. No motion was made on this matter.
DEPARTMENT REPORT
Chief Witthuhn: Chief stated the twelve (12) hour shifts were going good. They will be going to a beat
system. He will let everyone look at that when it is ready. They have one (1) Sergeant working days and one
(1) Sergeant working nights. They are getting the officers out there. He will take the blame for the police
activity sheets not being ready. They will be ready tomorrow. He will look into options for police cars.
Barry Kienenberger, Street Supervisor: Welcomed Alderman Montgomery. The ad for paving bids went out.
They have been busy mowing grass and picking up brush.
ALDERMEN COMMENTS
None
MAYOR COMMENTS
Mayor Rapp commented that over twenty (20) nuisance letters have been mailed out recently. She visited with
Andrew Eckart regarding sidewalk grants. He thought we had a good chance of getting a grant to help with
sidewalks from the school to the football field and from the school to the library. The cost would be around
$300-$500 for him to write the grant. The grant is a MODOT grant and is 80-20, the city paying 20 percent.
She indicated she spoke to two – three people with Lebanon regarding their feral cat issue. The Ozark
Methodist Manor is celebrating their 90th anniversary with Manor Days on June 13 from 10:00 a.m.-3:00 p.m.
They will be having events throughout the day.
ADJOURNMENT: Alderman Arnsmeyer made a motion to adjourn, seconded by Alderman Jennings. All
voted aye. The meeting adjourned at 8:35 p.m.
____________________
Mayor Doris Rapp
ATTEST:
_____________________
Debbie Bateman, City Clerk
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