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HomeMy Public PortalAbout20020819REGULAR COUNCIL MEETING AUGUST 19, 2002 CALL TO ORDER 1 The Regular Council Meeting of August 19, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Edith Vogel, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Absent: None A quorum was declared present. PUBLIC HEARINGS Map Amendment to Comprehensive Plan at 2021 Red Oak Drive, part of 2003 Southridge Drive and part of 2122 Jefferson Street — Janice McMillan made a presentation regarding the changes. Following her presentation there were no requests to speak in favor of, or opposition to, the proposed rezoning. Mayor Tom Rackers declared the public hearing concluded. Rezoning 2302 & 2308 St. Mary's Boulevard from RA -2 to C -2 — Janice McMillan made a presentation outlining the requested rezoning. Following her presentation there were no requests to speak in favor of, or opposition to, the proposed rezoning. Mayor Tom Rackers declared the public hearing concluded. Property Tax Levy — Finance Director Steve Schlueter made a presentation regarding the proposed tax levy, and indicated that there will be no proposed changes in the rate as it currently stands. Following the presentation, no one present requested to speak regarding this issue. Mayor Tom Rackers declared the public hearing concluded. Gross Receipts Utility Tax Rates (GRUT) — Finance Director Steve Schlueter made a presentation regarding the Gross Receipts Utility Tax (GRUT) rates, and indicated that the issue will be a topic of discussion in the upcoming budget meetings. Following the REGULAR COUNCIL MEETING AUGUST 19, 2002 2 presentation, no one present requested to speak regarding this issue. Mayor Tom Rackers declared the public hearing concluded. ANNOUNCEMENTS BY THE MAYOR Mayor Tom Rackers stated that if Council did not object, he would like to move up an item on the agenda pertaining to presentation of a Proclamation to a citizen so the people present for that presentation would not have to wait a long time to get to that portion of the meeting. There were no objections from Council to the Mayor's request. Presentation of Proclamation to Sorority Group on behalf of Miss Fashionetta. Following the reading of the proclamation by Mayor Rackers, Ms. Donna White introduced the students which were present, and for whom the proclamation was being presented. PRESENTATIONS FROM THE GALLERY Mr. Scott Brooks, President of the Jefferson City Professional Firefighters, stated that at a recent meeting of local firefighters, 55 of 61 members voted in favor of annexation after several meetings with city staff and Council Members. Mr. John Landwehr, representing a committee in favor of annexation, made a presentation in which he read a letter he had written about services provided to the City of Jefferson by city employees. He commended several departments and their directors for outstanding service provided to citizens of Jefferson City. He requested that his comments be made available to the city employees. Ms. Carrie Carroll, 916 Topaz Court, a resident of the Fourth Ward, made a presentation regarding recent matters regarding Councilman Clyde Angle. She encouraged the City to bring the matter of recent allegations concerning Councilman Angle to a close so that the city can move on to address other issues such as annexation, a convention center, downtown renovation, etc. She stated that she believes the City is currently focusing on only two items: annexation and silencing Clyde Angle. Following Ms. Carroll's comments, Councilman David E. Smith asked that sponsors of Resolutions RS2002 -18 and RS2002 -19 to pull those items off the agenda. There was no response to his request. Mr. John Orear, 1728 Greenberry Road, made comments regarding the issue of Councilman Clyde Angle. He thanked Mayor Tom Rackers for appointing a citizen committee to look into questions about voided or dismissed tickets which he had raised at recent Council Meetings. He stated that he would prefer the Council send the matter to another body which would have subpoena power rather than to the Cole County Prosecutor due to the expiration of the time allowed under the statute of limitations for this issue. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Charles Lansford, Assistant Community Development Director, made a presentation REGULAR COUNCIL MEETING AUGUST 19, 2002 3 to inform the Council and public what the City is doing regarding the issue of mosquito abatement in the face of recent concerns about the West Nile Virus. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. b. c. e. Council Meeting Minutes August 5, 2002 Bid 2028 - Sodium Chloride, Department of Transportation Amendment to Intergovernmental Agreement between County of Cole and the City of Jefferson regarding CDBG Grant to assist Wren Industries Authorizing Amendment to Cell Tower Agreement Authorizing Change Order on Greenway Project Authorizing Change Order No. 5 to Streetscape Project Councilman Bob Weber requested that item (e) be voted on separately. Councilman Cliff Olsen made a motion to approve items the Consent Agenda as presented, except for item (e), motion was seconded by Councilman David E. Smith, and approved unanimously. Item (e): Councilman Cliff Olsen made a motion to accept item (e), seconded by Councilman Larry Vincent, and approved with Councilman Bob Weber abstaining. MINUTES AND REPORTS RECEIVED AND FILED Mayor Tom Rackers announced that the following minutes and reports of City boards and commissions have been received, and are on file for review, by the City Clerk's Office: a. b. c. d. e. f. g. h. Planning & Zoning Commission, July 11, 2002 Transportation & Traffic Commission, July 11, 2002 July, 2002 Finance Report Housing Authority Board of Commissioners, June 17, 2002 Parks and Recreation Commission, July 8, 2002 Recreation Services Committee Work Session, July 23, 2002 Finance Committee, April 29, 2002 Board of Adjustment, July 9, 2002 REGULAR COUNCIL MEETING AUGUST 19, 2002 4 ANNOUNCEMENTS BY TH E MAYOR There were no announcements made by Mayor Tom Rackers at this time. APPOINTMENTS BY THE MAYOR There were no appointments to come before the Council at this time. BILLS INTRODUCED Bill 2002 -62, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMNI CONSTRUCTION SERVICES, INC. FOR CLEANING AND SEALING EXTERIOR MASONRY AND WOODEN BENCHES AND TRASH RECEPTACLES AT WHITECOTTON BUILDING. Bill 2002 -63, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FERCON CONSTRUCTION COMPANY FOR AMEREN UE PARKING LOT PROJECT NUMBER 31058. Bill 2002 -64, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2002, TO OCTOBER 31, 2003, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 2002 -65, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING SECTION 18- 214 (BARBED WIRE FENCES, ETC.) OF THE CODE. Bill 2002 -66, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, REGULAR COUNCIL MEETING AUGUST 19, 2002 5 AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 1.85 ACRES LOCATED AT 2302 AND 2308 ST. MARY'S BOULEVARD, LOCATED IN SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RA -2 MULTI - FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL Bill 2002 -67, sponsored by Councilmen Vogel & Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3 (ADVERTISING AND SIGNS) OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO BANNERS. Councilman Edith Vogel requested that the Council suspend the rules and place Bill 2002- 67 on final passage. There were no objections to the request for suspension of the rules. Following discussion, Councilman Edith Vogel moved to amend the bill to make the time frame flexible for which banners can hang, seconded by Councilman David E. Smith. Following further discussion, Councilman Vogel withdrew her motion, and Councilman Smith withdrew his second. Bill 2002 -67 was then read second and third times by title, placed on final passage and passed by the following vote as Ordinance 13429: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -68, sponsored by Councilman Weber, entitled: AN ORDINANCE: OF THE: CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 13271, THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SEASONAL SALARIES AND ADDING ONE PART -TIME WITH BENEFITS POSITION WITHIN THE TRANSPORTATION DEPARTMENT, PARKING DIVISION. BILLS PENDING Bill 2002 -46, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING CERTAIN SECTIONS OF CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO CLOSED MEETINGS, AND ENACTING NEW SECTIONS IN LIEU THEREOF PERTAINING TO THE SAME SUBJECT. Bill 2002 -46 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING AUGUST 19, 2002 6 following vote as Ordinance 13418: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, and Weber Nay: Klindt, Vincent, and Vogel Bill 2002 -47, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE: CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 13271, THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BYADDING A POSITION WITHIN THE FINANCE DEPARTMENT. Bill 2002 -47 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13419: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -50, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (R), (RESERVED PARKING), SUBPARAGRAPH (A)(3), (POLICE BUSINESS PARKING), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF WEST MCCARTY STREET. Bill 2002 -50 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13420: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -51, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON PERTAINING TO MINIMUM FINES FOR VIOLATIONS OF PARKING REGULATIONS. Bill 2002 -51 was read third time by title and placed on final passage. Councilman Cliff Olsen stated he believed the Council should wait until after the five - member parking ticket committee has had a chance to look at this issue. He suggested that the bill be placed on the Informal Calendar. Following a lengthy discussion, the Council moved forward with action on the issue, and Bill 2002 -51 was passed by the following vote as Ordinance 13421: REGULAR COUNCIL MEETING AUGUST 19, 2002 7 Aye: Angle, Ferguson, Groner, Klindt, Smith, Vincent, Vogel and Weber Nay: Olsen and Viessman Bill 2002 -52, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 22 -10 OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO FINES FOR DELINQUENT PARKING CITATIONS. Bill 2002 -52 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13422: Aye: Angle, Ferguson, Groner, Klindt, Smith, Viessman, Vincent, Vogel and Weber Nay: Olsen Bill 2002 -53, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CERTAIN AGENCIES FOR LEASE OF PARKING SPACES. Bill 2002 -53 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13423: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -54, sponsored by Councilmen Groner and Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF RIGHT -OF -WAY LOCATED ON HOUGH PARK ROAD. Bill 2002 -54 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13424: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -55, sponsored by Councilman Vincent, entitled: REGULAR COUNCIL MEETING AUGUST 19, 2002 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2002. Councilman Larry Vincent requested that Bill 2002 -55 be placed on the Informal Calendar at this time. Bill 2002 -56, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Councilman Larry Vincent requested that Bill 2002 -56 be placed on the Informal Calendar at this time. Bill 2002 -57, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 0.36 ACRES LOCATED AT 2007 SOUTHRIDGE DRIVE, LOCATED IN SECTION 23, TOWNSHIP 44 NORTH, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RS -2 RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL. Bill 2002 -57 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13425: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Weber Nay: Vogel Bill 2002 -59, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS), ARTICLE I (GENERAL), SECTIONS 5 -6, 5 -7, 5 -10, 5 -13, AND 5 -14 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2002 -59 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13426: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None REGULAR COUNCIL MEETING AUGUST 19, 2002 9 Bill 2002 -60, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT #1 TO OPERATING ASSISTANCE GRANT AGREEMENT MO -18 -X022 WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2002 -60 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13427: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -61, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SECTION 5311 CAPITAL ASSISTANCE GRANT AGREEMENT NO. MO -18 -X021 WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE PURCHASE OF TWO BUSES. Bill 2002 -61 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13428: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None RESOLUTIONS RS2002 -12 — Resolution Pertaining to Vehicle Crashes (Angle). Councilman Angle stated he wished to withdraw RS2002 -12 at this time. RS2002 -14 — Resolution Pertaining to Municipal Violations (Angle). Councilman Angle stated he wished for this item to remain on the Table until he receives information he has requested from the Finance Department pertaining to the Municipal Court. RS2002 -15 — Resolution Pertaining to Outstanding Warrants (Angle). Councilman Clyde Angle stated he wished to withdraw RS2002 -15 at this time. RS2002 -17 — Map Amendment to Comprehensive Plan at 2021 Red Oak Drive, part of REGULAR COUNCIL MEETING AUGUST 19, 2002 10 2003 Southridge Drive and part of 2122 Jefferson Street (Smith). A motion was made by Councilman Larry Vincent for approval, seconded by Councilman Bob Weber and approved unanimously. RS2002 -18 — Referring Angle Matter to Cole County Prosecutor. Councilman Cliff Olsen asked City Counselor Allen Garner how far back the Council can look into the matter of Councilman Clyde Angle. Mr. Garner stated the action of the Council depended upon what outcome they wished to achieve, whether it was to remove a Council Member from office, or investigate whether a city department or employee had abused city policies or equipment. When asked by Councilman Cliff Olsen about the specific allegation concerning the use by Councilman Clyde Angle of the MULES system for private gain, Mr. Garner stated a prosecutor would be looking to find out (1) when did the Council or anyone else become aware of the alleged abuse, (2) what, if any, jurisdiction does the Council have to look into the matter, and (3), is the Council looking into the matter relative to the behavior of a Councilman as a Councilman, or is it looking into the abuse of city procedures, equipment, employees, etc. He stated if the issue just came to light within the last few days or weeks, obviously the Council could not have investigated something it did not know about until it suspected that it happened, then the Council would have to make a determination as to what would be the point of its investigation. Following Mr. Garner's explanation, Councilman Bob Weber asked Mr. Garner if he believed that the matter might be better handled by the Missouri Highway Patrol since MULES is their system. Mr. Garner stated that while the City and the Highway Patrol have a contractual agreement, such a request by the city would need enough information to present to them to be very specific to prevent excessive use of Highway Patrol resources to fulfill the City's request. Councilman David E. Smith read a prepared statement, followed by a motion: "I move that the City Council adopt the following statement to the citizens of the City of Jefferson City as its final word on this topic and focus its energy on the serious issues facing the City: "We, the Council, believe that receiving an unusually large amount of parking, speeding, or other type of tickets by any citizen, especially one holding public office, exhibits a serious lack of judgment. We also believe that the use and divergence of City resources on work that is not City related should not occur. "The motion was seconded by Councilman Kenneth Ferguson and defeated with Councilmen Ferguson and Smith voting "Aye" and Councilman Angle abstaining. Councilman Dan Klindt asked City Counselor Allen Garner for clarification about sending this to the prosecutor, and he asked if Mr. Garner had spoken with Cole County Prosecutor Rich Callahan about whether Mr. Callahan would even look into the matter if the Council referred it to him. Mr. Garner stated he doesn't generally comment publicly on conversations has with others, but that he has done prosecutorial work himself in the past. He stated that, based on his own prosecutorial experience, some of the things any prosecutor would want the city to know when considering a matter such as this are (1) the prosecutor is a criminal investigator and not in the business of handling political agenda items, and (2) if anybody wants to bring forward facts and issues about items under a REGULAR COUNCIL MEETING AUGUST 19, 2002 11 prosecutor's jurisdiction, the prosecutor first have to know when the alleged incident occurred, whether is alleged to have occurred, whether the occurrence was something that could have been prosecuted when it happened, and whether it is still prosecutable today. A prosecutor would also have to consider where such an issue would be placed in his list of other case priorities and whether it is something that appears to be more of a political nature than a criminal nature. Councilman Cliff Olsen moved for adoption of RS2002 -18, seconded by Councilman Roy Viessman. Councilman Bob Weber made a motion to amend RS2002 -18 by referring the Angle matter to the Missouri Highway Patrol instead of the Cole County Prosecutor, the motion was seconded by Councilman Dan Klindt. Following a lengthy discussion, the motion to amend was defeated by the following roll -call vote: Aye: Klindt, Vincent, and Weber Nay: Groner, Olsen, Smith, Viessman, and Vogel Abstain: Angle and Ferguson Councilman Angle made a lengthy statement and stated the reasons he planned to vote in favor of the resolution. Following the statement, Councilman Groner called for the question, and asked for a roll -call vote on the original motion to adopt RS2002 -18. RS2002 -18 was then adopted by the following roll -call vote: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Viessman, and Weber Nay: Smith, Vincent, and Vogel RS2002 -19 — Censure of Fourth Ward Councilman Clyde P. Angle. Councilman Larry Vincent moved for adoption of RS2002 -19, in the substitute format which was distributed to the Council prior to the meeting. That substitute Resolution removed the item requiring the Councilman in question to stand before the podium. Motion to adopt was seconded by Councilman Dan Klindt. Councilman Cliff Olsen moved to amend RS2002 -19 to add Councilman Larry Vincent's and former Councilman Charles Jackson's names to those being censured because he believed they also had parking tickets dismissed. The motion was seconded by Councilman Larry Vincent. Councilman Bob Weber moved to table the motion for adoption and motion to amend until such time that the Cole County Prosecutor has issued his findings to the city. The motion died for lack of a second. Following discussion, Councilman Larry Vincent requested that Councilman Cliff Olsen restate his motion without bringing Mr. Jackson's name into the matter, to which Councilman Olsen agreed. Councilman Vincent agreed to the restated motion as the second to the motion . The motion to amend was then defeated by the following roll -call vote: Aye: Groner, Klindt, Olsen, Viessman, and Vincent Nay: Angle, Ferguson, Smith, Vogel, and Weber Mayor voted "Nay" to break the tie REGULAR COUNCIL MEETING AUGUST 19, 2002 12 Resolution RS2002 -19 was then defeated, as originally presented, by the following roll -call vote: Aye: Klindt, Vincent, and Vogel Nay: Ferguson, Groner, Olsen, Smith, Viessman, and Weber Abstain: Angle NEW BUSINESS There was no new business to come before the Council at this time. UNFINISHED BUSINESS There was no new business to come before the Council at this time. COUNCIL LIAISON REPORTS There were no Council liaison reports given at this time. GO INTO CLOSED SESSION Mayor Tom Rackers stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, he would entertain a motion for the Council to go into Closed Session to discuss Real Estate [Sec. 610.021.(2)] and Possible Litigation [Sec. 610.021.(1)]. Motion to go into Closed Session was made by Councilman Larry Vincent, seconded by Councilman David E. Smith, and approved unanimously by the following roll -call vote at 8:35 PM: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None