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HomeMy Public PortalAbout20030721REGULAR COUNCIL MEETING JULY 21, 2003 CALL TO ORDER 1 The Regular Council Meeting of July 21, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Rev. Cornell Sudduth, Second Baptist Church, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel, and Weber Absent: Groner A quorum was declared present. PUBLIC HEARINGS Preliminary PUD Plan, 2118 Schotthill Woods Drive. Chalie Lansford, Assistant Director of Community Development, made a presentation regarding the background of this plan. Following Mr. Lansford's presentation, no one present requested to speak regarding the plan. Mayor John Landwehr declared the public hearing concluded. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. Transportation & Traffic Commission, June 5, 2003 b. c. d. e. f. Comprehensive Annual Financial Report Ending October 31, 2002 (in bound format, available for review in City Clerk's Office) Finance Report for June, 2003 Historic Preservation Commission, June 10, 2003 Board of Adjustment, June 10, 2003 Police Personnel Board, March 6, 2003 g. h. REGULAR COUNCIL MEETING JULY 21, 2003 2 Fire Fighter's Retirement System Board, May 1, 2003 Planning & Zoning Commission, June 12, 2003 Convention & Visitor's Bureau Minutes and Reports Convention & Visitor's Bureau Audit Report December 31, 2002, Revised 6 -16 (in bound format, available for review in City Clerk's Office) Housing Authority Board of Commissioners COUNCIL LIAISON REPORTS Councilman Roy Viessman announced that the USS Jefferson City Submarine Committee is currently making plans to bring some USSJC crew members to visit Jefferson City on August 31. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: Board Person Type Term Expires Planning & Zoning Gary Lock Alternate May 2005 A motion was made by Councilman Cliff Olsen for approval of all appointments seconded by Councilman Dan Klindt, and approved unanimously. Mayor announced that Councilman Darren Gordon has consented to replace former Councilman David E. Smith on Environmental Services Committee and Alternate Council Liaison to Planning & Zoning Commission. Councilman Edith Vogel, Chairman of the Appointment Review Committee, announced current vacancies to boards and commissions and asked citizens interested in serving on any of those committees to contact City Hall for a Volunteer Profile Form. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS REGULAR COUNCIL MEETING JULY 21, 2003 3 Sgt. Doug Shoemaker made a presentation regarding the activities of the Traffic Unit since its inception six months ago. He stated that for that period, 748 accidents occurred, 60% of which were investigated by the Traffic Unit. He reported that the number of tickets issued for traffic violations such as speeding, running red lights, etc., have significantly increased in the past six months. Following Sgt. Shoemaker's report, Councilman Cliff Olsen expressed his appreciation to the Unit for their work. PRESENTATIONS FROM THE GALLERY Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding the vicious animals ordinance. He stated the city needs tethering laws because, in his opinion, tethering builds aggression in animals. He also stated that he believes irresponsible breeding or, "backyard breeding," adds to the problem of vicious animals bred for fighting. Following Mr. Wilson's presentation, Councilman Clyde Angle asked Mr. Wilson if he has shared his concerns with staff. Mr. Wilson stated he has. Mr. Heath Clarkston, 215 E. Capitol Avenue, made a presentation on behalf of the Home Builders Association regarding Bill 2003 -52. Mr. Clarkston stated his reasons for believing that the City should not pass the bill as currently written because local builders and developers feel the rate of increase in permit fees is unduly burdensome. He stated the building industry generates $800,000 per year in taxable revenue. Ms. Cassandra Bates, 522 Boonville Road, made a presentation regarding the issue of vicious animals. Ms. Bates described how that she was attacked, and mauled, by a vicious dog in 1999, and that for four years she has been undergoing numerous surgeries and therapy, and has spent over $18,000 in medical costs. She stated that the dog who attacked her had been relocated to Arkansas, and she did not believe relocating a vicious animal is appropriate, or fair, to the people who would unknowingly be subjected to the relocated animal's behavior. Mr. Ken Otke, 6524 Route B, made a presentation regarding Bill 2003 -52. He supports an increase in fees because he felt that for years they have been "ridiculously low," but that the increase proposed in 2003 -52 is too much. He urged the Council to accept the Home Builders Association last and best compromise offer on this issue. COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS There were no comments made by the Council at this time. CONSENT AGENDA The following appeared on the Consent Agenda: REGULAR COUNCIL MEETING JULY 21, 2003 4 a. Minutes of July 3, 2003, City Council "Brown Bag" Work Session b. Minutes of July 7, 2003, City Council "Pre- Meeting" Work Session c. Minutes of July 7, 2003, Regular City Council Meeting The Consent Agenda was inadvertently skipped over at the meeting, and the items will re- appear on the August 4, 2003, agenda. BILLS INTRODUCED Bill 2003 -59, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES OF A PART OF LOT NO. 23, OF PARKVIEW MEADOWS, SECTION TWO. Bill 2003 -60, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 9 -1 -1 SERVICE DATA BASE AGREEMENT WITH SPRINT (UNITED TELEPHONE OF MISSOURI). BILLS PENDING Bill 2003 -42, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 13459, THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING THE POSITION OF LABORATORY TECHNICIAN I WITHIN THE WASTEWATER DIVISION, AND APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER FUND. Bill 2003 -42 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13568: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -43, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND REGULAR COUNCIL MEETING JULY 21, 2003 5 APPROVING THE PLAT OF MELODY HILLS SUBDIVISION, SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2003 -43 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13569: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -44, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PRELIMINARY PUD PLAN FOR 2118 SCHOTTHILL WOODS DRIVE, DESCRIBED AS LOT 95 OF SCHOTTHILL WOODS SUBDIVISION, SECTION FOUR. Bill 2003 -44 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13570: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -45, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET BY PROVIDING FOR A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT /PLANNING DIVISION TO PROVIDE FOR LONG RANGE AND TRANSPORTATION PLANNING Bill 2003 -45 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13571: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -46, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO COMMITTEES. Bill 2003 -46 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING JULY 21, 2003 6 following roll -call vote as Ordinance 13572: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -47, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH GREAT PLAINS LOCATING SERVICE, INCORPORATED FOR UTILITY LOCATING SERVICES. Bill 2003 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13573: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -48, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI PERTAINING TO OUTSIDE EMPLOYMENT. Bill 2003 -48 was read third time by title and placed on final passage. Councilman Cliff Olsen made a motion to accept the "7 -18 Substitute" which was distributed in the July 18 Council Packets. The motion was seconded by Councilman Roy Viessman and approved unanimously. Bill 2003 -48 was then passed, as substituted, by the following roll -call vote as Ordinance 13574: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -49, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOKES ELECTRIC CO. FOR ELECTRICAL SERVICES. Bill 2003 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13575: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and REGULAR COUNCIL MEETING JULY 21, 2003 7 Weber Nay: None Bill 2003 -50, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO THE FINANCIAL DISCLOSURE POLICY. Councilman Clyde Angle requested that Bill 2003 -50 be placed on the Informal Calendar at this time. Mayor John Landwehr stated that he had previously asked the Law Department to distribute a legal opinion regarding what would happen in the event of passage or defeat of this bill. Bill 2003 -51, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VEHICLE OWNER RESPONSIBILITY FOR VIOLATIONS. Bill 2003 -51 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13576: Aye: Angle, Ferguson, Gordon, Klindt, Olsen, Viessman, and Weber Nay: Berry and Vogel Bill 2003 -52, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT ARTICLE II. SECTIONS 8 -18 AND 8 -19 AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, SECTION 8 -18, ENTITLED " ADOPTION OF THE 2000 INTERNATIONAL BUILDING CODE, FOURTH EDITION," AND A NEW SECTION 8 -19 ENTITLED "AMENDMENTS ". Bill 2003 -52 was read third time by title and placed on final passage. Councilman Cliff Olsen made a motion, seconded by Councilman Roy Viessman, to amend Bill 2003 -52 as follows: Sec. 8 -20. Permit fees and Penalties. The fees for building construction permits shall be in accordance with the following schedule: 1. The Fee for a Residential Building Permit shall be the Construction Value multiplied REGULAR COUNCIL MEETING JULY 21, 2003 8 by a factor of 0.0032 (0.32 %) 0.0025 (0.25 %) except that a minimum fee of $10.00 shall apply. The fee shall include Building, Electrical, Mechanical and Plumbing Permits. A Residential Building is defined as a one or two family dwelling. 2. The Fee for a Non - Residential Building Permit shall be the Construction Value multiplied by a factor 0.0045 (0.45 %)0.0030 (0.30 %) except that when the Construction Value is over OO$2,000,000, the amount over 00 $2,000,000 shall be multiplied by a factor of .0020 (0.20 %)0.0010 (0.10 %). The fee shall include Building, Electrical, Mechanical and Plumbing Permits. Mayor John Landwehr asked Councilman Olsen to explain the difference in revenue generated in the original bill and the bill as amended by Mr. Olsen. Councilman Michael Berry explained why he felt the staff's version of the bill is necessary. Councilman Darren Gordon stated he is prepared to vote on this issue after having requested, and received, an opinion from the Law Department regarding the issue of conflict of interest, and stated he does not believe he has a conflict of interest. At the conclusion of discussion, the motion to amend was approved by the following roll -call vote: Aye: Angle, Ferguson, Gordon, Klindt, Olsen, and Viessman Nay: Berry, Vogel, and Weber A lengthy discussion followed regarding the effect of the amendment on city revenues. Following the discussion, Bill 2003 -52 was passed, as amended, by the following roll -call vote as Ordinance 13577: Aye: Angle, Ferguson, Gordon, Klindt, Olsen, Viessman, Nay: Berry, Vogel, and Weber Following the vote, Mayor John Landwehr asked staff to do an analysis of budgetary figures within the next two weeks to take into account the amended building fee revenues. Bill 2003 -53, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -4 AND 8 -5AND ENACTING NEW SECTIONS 8 -4 AND 8 -5 IN LIEU THEREOF. Bill 2003 -53 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13578: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING JULY 21, 2003 9 Bill 2003 -54, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -2 AND 8 -3 AND ENACTING NEW SECTIONS 8 -2 AND 8 -3 IN LIEU THEREOF. Bill 2003 -54 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13579: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -55, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), ARTICLEV(PROPERTY MAINTENANCE CODE), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2003 -55 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13580: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -56, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDING AND BUILDING REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A NEW SECTION 8 -8, (ADOPTION OF THE INTERNATIONAL FUEL GAS CODE, 2000, THIRD EDITION), AND SECTION 8 -9, (AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE, 2000,THIRD EDITION). Bill 2003 -56 was read third time by title and placed on final passage. A lengthy discussion was held regarding the need for the addition of the fuel gas code and the mechanical code (Bill 2003 -57) which will require the addition of one full -time inspector to enforce the codes, as well as other costs for necessary software, etc. Councilman Weber stated that he and Councilman Viessman had requested the addition of these two codes because he feels it is very important to make sure these two areas are inspected for the safety of citizens. Following the discussion, Bill 2003 -56 was passed by the following roll -call vote as REGULAR COUNCIL MEETING JULY 21, 2003 10 Ordinance 13581: Aye: Angle, Berry, Ferguson, Klindt, Viessman, and Weber Nay: Gordon, Olsen, and Vogel Bill 2003 -57, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING MINIMUM REGULATIONS GOVERNING MECHANICAL INSTALLATIONS AND PROVIDING FOR MAKING OF INSPECTIONS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; TO BE KNOWN AS THE MECHANICAL CODE; AND ENACTING A NEW SECTION 8 -6, ENTITLED "ADOPTION OF THE INTERNATIONAL MECHANICAL CODE, 2000, THIRD EDITION," AND A NEW SECTION 8 -7, ENTITLED "AMENDMENTS." Bill 2003 -57 was read third time by title, placed on final passage and defeated by the following roll -call vote: Aye: Angle, Berry, Ferguson, Klindt, and Weber Nay: Gordon, Olsen, Viessman, and Vogel Bill 2003 -58, sponsored by Councilmen Berry, Groner, Olsen, Viessman, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING ARTICLE III (FIRE PREVENTION CODE) AND ENACTING A NEW ARTICLE III IN LIEU THEREOF. Bill 2003 -58 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13582: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2003 -27, sponsored by Councilmen Klindt, Weber, and Groner entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VICIOUS ANIMALS. REGULAR COUNCIL MEETING JULY 21, 2003 11 Councilman Dan Klindt stated he would like to remove 2003 -27 from the Informal Calendar and place it on final passage at this time. Bill 2003 -27, having previously been read third time by title, was placed on final passage. A motion was made by Councilman Cliff Olsen to accept "Substitute 2" to Bill 2003 -27 which had been distributed to the Council, the motion was seconded by Councilman Dan Klindt and approved unanimously. A motion was made by Councilman Clyde Angle to amend Bill 2003 -27 in accordance with a handout he distributed in the pre- meeting, seconded by Councilman Cliff Olsen. Councilman Dan Klindt objected to being handed a document minutes before the Council meeting that the Council is expected to act upon at the meeting. He requested that in the future such amendments are given to the Council in sufficient time to be able to read and digest them. Councilman Angle stated he had submitted numerous memos to the Council since June regarding this issue, and that animal control staff agrees with his amendments. Associate City Counselor Michelle Coleman stated there may be some concerns with the amendment since it states any person bitten by an animal can require the animal to be confined. She cited a recent incident where an acquaintance of hers was assaulted in her home by an intruder and beaten unconscious. She stated that if it had not been for the victim's dog, who attacked the intruder to protect its owner, the victim might have been further injured or killed. Ms. Coleman pointed out that under the language in Mr. Angle's amendment, that intruder could require the dog to be confined with associated costs being assessed to his victim. Mayor John Landwehr stated that the city can still make further modifications by future ordinances if needed. Councilman Bob Weber made a motion to amend Councilman Angle's motion to amend by changing the word "dog" to "animal" throughout the document, and removing the word "reputable" where it appears in the phrase "reputable animal hospital." The motion was seconded by Councilman Cliff Olsen, and consented to by Councilman Angle. The motion to amend the motion was then approved unanimously. The original motion to amend as made by Councilman Clyde Angle was then approved unanimously by the following roll -call vote: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -27 was then passed, as substituted, and amended, by the following roll -call vote as Ordinance 13583: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, and Vogel Nay: None Absent during vote: Weber Mayor John Landwehr requested that the City Clerk place this issue on the agenda in 90 days so City Prosecutor and staff persons responsible for enforcing the new law can report how it is working. REGULAR COUNCIL MEETING JULY 21, 2003 12 Bill 2003 -34, sponsored by Councilmen Angle, Groner, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR HYDE PARK ROAD CONNECTOR AND HYDE PARK SITE IMPROVEMENTS. Bill 2003 -34 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13584: Aye: Angle, Berry, Ferguson, Klindt, Viessman, Vogel and Weber Nay: Gordon and Olsen Councilman Cliff Olsen asked if anyone had asked MoDot if they thought this project might cause a problem with traffic using Heisinger Road as a shortcut to Missouri Boulevard (next to the KFC restaurant). Community Development Director Pat Sullivan stated that MoDot had told him they did not get involved in these sort of issues. City Administrator Rich Mays stated that when he had checked with MoDot, they indicated they did not have a problem with the project. Bill 2003 -36, sponsored by Councilmen Vogel, Ferguson, Klindt, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE PARKS AND RECREATION FUND. Councilman Vogel requested that Bill 2003 -36 be removed from the Informal Calendar for final passage. Bill 2003 -36, having been previously read third time by title, was placed on final passage. Councilman Clyde Angle stated he still has concerns with this issue and referred to a document he handed out in the pre- meeting listing those concerns. Following Councilman Angle's comments, a motion was made by Councilman Michael Berry to remove the $10,000 which was connected to the Lewis & Clark Celebration and Fourth of July events, seconded by Councilman Bob Weber and approved unanimously. Bill 2003 -36 was read third time by title, placed on final passage and passed, as amended, by the following roll -call vote as Ordinance 13585: Aye: Berry, Ferguson, Klindt, Viessman, Vogel and Weber Nay: Angle, Gordon, and Olsen RESOLUTIONS There were no resolutions brought before the Council. NEW BUSINESS REGULAR COUNCIL MEETING JULY 21, 2003 13 There was no New Business to come before the Council at this time. UNFINISHED BUSINESS Finance Director Steve Schlueter briefly summarized his report which was sent to the Council Members regarding what would be involved in implementing the concept of "paperless packets." APPROVE CLOSED SESSION MIINUTES Minutes of June 16 and July 7 Closed Sessions —A motion was made by Councilman Cliff Olsen for approval, seconded by Councilman Michael Berry, and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Section 610.021 of the Revised Statutes of Missouri, Chair would entertain a motion to go into Closed Session in the Boone /Bancroft room to discuss the following: Litigation [Sec. 610.021.(1)] and Real Estate [Sec. 610.021.(2)]. A motion was made by Councilman Michael Berry to go into Closed Session for the above - stated purposes, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 8:30 P.M.: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None