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HomeMy Public PortalAbout19870908 : - • . u . u : : • A Regular Council Meeting was called to order at 7:30 P.M. with f't Mayor Louise Gardner presiding. 4,ii Prayer was offered by Reverend Granville Hayes, Pastor; Quinn Chapel A.M.E. Church. The following Council Members were present: Present: Rarnicle, Borgmeyer, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Absent: Davis* and Woodman. A quorum was declared present. PUBLIC HEARING: There was a public hearing regarding the rezoning of property near Memorial Community Hospital from RA-2 (multiple family) to C-0 (office commercial) and RS-3 (single family) . There was no one present to speak in favor of this rezoning or against the rezoning. *Councilman Davis entered the meeting at this time. PRESENTATIONS FROM GALLERY: There were no presentations from the gallery. CONSENT AGENDA: Councilman Halsey moved approval of the Consent Agenda which consisted of the following items: a) Council Minutes of 0/17/87 b) Awarding of the following bids: 927 - Footwear, Police Department 932 - Asbestos Removal, Public Works 940 - Transmission Repairs, Transportation 945 - Drum Turning, Transportation 954 - Ammo Pouches, Holsters and Magazines, Police Dept. c) Council Appointment to Ad Hoc Sign Ordinance Committee Kyle Mason Steve Voile d) Appointments to Ad Hoc City Hall Display Committee Florence Guhleman - member of original art committee James Tatum - Professor of Art, Lincoln University Charles Craver - Lincoln University, History of Art e) Appointments to Juvenile/Family Advisory Committee Three Years - Dick Nauman, Dorothy Jones Two Years - Jim Rockers, Pat Joyce One Year - Jerry Venters, Tom Deeken, Tom Pietraszek Councilman Haake seconded the motion and it was approved. MINUTES RECEIVED AND FILED: 1 4. . .192 * I O M TIT. ; :�$E '. EMBER: B-.:: z9c Mayor Gardner announced the following minutes had been receive and were on file in the office of the City Clerk: Parks Recreation 7/28/87; Planning & Zoning Commission 8/13/87; Boar; of Adjustment 8/11/87; Transportation Commission 8/18/87 Wastewater Ad Hoc Committee 7/27/87 and 8/31/87. ANNOUNCEMENTS BY MAYOR: Mayor Gardner informed the Council she had no announcements t'• make at this meeting. BILLS INTRODUCED: Bill 87-94, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF TH CITY OF JEFFERSON, BY REZONING A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 12 WEST, FROM RA-2 TO C-0 AND BY REZONING A TRACT 0; LAND IN SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FROM RA-0 TO RS-3. Bill 87-94 was read first and second time by title and orders ' distributed to members of the Council. # # # Bill 87-95, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AN ' APPROVING THE PLAT OF CEDAR RIDGE SUBDIVISION, A SUBDIVISION 0 THE CITY OF JEFFERSON. Bill 87-95 was road first and second time by title and orderoi distributed to members of the Council. # # # Bill 87-96, sponsored by Councilmen Gordon & Davis, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING T • BUDGET BY APPROPRIATING FUNDS FROM THE MODAG TRUST FUND FM ' PROFESSIONAL SERVICES FROM THE UNAPPROPRIATED FUND BALANCE OF T • MODAG TRUST FUND. Bill 87-96 was read first and second time by title and order, . distributed to members of the Council. # # # Bill 87-97, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDI t SCHEDULE I ANGLE PARKING OF SECTION 18-401 OF THE CODE OF Tf' CITY OF JEFFERSON, MISSOURI, BY DELETING SCHEDULE I IN II, ENTIRETY AND ENACTING A NEW SCHEDULE I. Bill 87-97 was read first and second time by title and order distributed to members of the Council. # # # Bill 87-98, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDI (e SCHEDULE 0 ONE HOUR PARKING OF SECTION 18-401 OF THE CODE OF T �` CITY OF JEFFERSON. Bill 87-98 was read first and second time by title and order - REGULAR C• u .e 0: . . : . . • distributed to members of the Council. Bill 87-99, sponsored by Councilman Woodman, entitled: ' ,. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE R (A) RESERVED PARKING OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON. Bill 87-99 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-100, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE T TAXICAB STANDS AND TAXICAB LOADING ZONES OF SECTION • 18-401 OF THE CODE OF THE CITY OF JEFFERSON. Bill 87-100 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-101, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING A NEW SECTION ENTITLED TEN MINUTE PARKING, AMENDING SECTION 18-401 BY ADDING A NEW SCHEDULE Y AND BY AMENDING SCHEDULES P (TWO HOUR PARKING) AND Y (TEN MINUTE PARKING) . Bill 87-101 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-102, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING SCHEDULE J PARKING PROHIBITED OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON. Bill 87-102 was road first and second time by title and ordered distributed to members of the Council. # # # Bill 87-103, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TH MAYOR AND CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH THE STAT OF MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR WOR PERTAINING TO ROUTE 179. Bill 87-103 was read first and second time by title and orders distributed to members of the Council. # # # 4 Bill 87-104, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING CONTRACT AMENDMENT WITH RUSSELL & AXON, INC. , BY DELETING CERTAI ITEMS OF WORK AND BY DECREASING THE AMOUNT OF THE CONTRACT FO WORK TO BE PERFORMED RELATING TO THE WASTEWATER COLLECTIO FACILITIES. Bill 87-104 was read first and second time by title and ordere distributed to members of the Council. BILLS PENDING: Bill 87-81, sponsored by Councilman Mason, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 28-1 RELATING TO THE CHANGING 0 THE NAME OF A STREET BY PETITION OF PERSONS OWNING PROPERTY ALON SAID STREET. Bill 87-81 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10893. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Veile. Nay: None. # # # Bill 87-82, sponsored by Councilman Halsey, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING SUBSECTIONS (d) AND (e) OF SECTION 27-7, ENTITLED "SOLID WASTE - PROHIBITED PRACTICES" AND SECTION 12-3, ENTITLED "BURNING GENERALLY", AND ENACTING IN LIEU THEREOF NE SUBSECTIONS (d) AND (e) OF SECTION 27-7 PERTAINING TO THE SAM SUBJECT. Councilman Halsey requested this bill be placed on the Informal Calendar and that the City hold a public hearing at the nex • Council meeting to discuss this issue. # # # Bill 87-83, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TB: MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES, INC. , FOR THE 1987 SCOTT STATION ROAD PROJECT. Councilman Voile and Councilman Gordon requested this bill b placed on the Informal Calendar until they have had a opportunity to discuss some questions with Public Works , Councilman Borgmoyor agreed to their request. # # # Bill 87-84, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TH. MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BLACK AN VEATCH FOR ENGINEERING SERVICES FOR STORMWATER FACILITIES IN FRO' HOLLOW AREA. Bill 87-84 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10894. Aye: Barniole, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # Bill 87-85, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN FOX RIDGE SUBDIVISION IN JEFFERSON CITY, MISSOURI. Bill 87-85 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10895. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # 195 3 .. __. .._.._.__ ..._.... _.__ ..._....._.._.., RE uLAR coutiC'm mEETING- SEPT'R_MB R 8 Bill 87-86, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE J OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING PARKING ON BOTH SIDES OF ROUTE 179 FROM INDUSTRIAL DRIVE NORTH TO THE CITY LIMITS. Bill 87-86 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10896. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # Bill 87-87, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE A, SUBSECTION (d) (40 MPH) OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING A 40 MPH SPEED LIMIT ON TRUMAN BOULEVARD FROM HIGHWAY 50 INTERSECTION TO INDUSTRIAL DRIVE. Bill 87-87 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10897. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # Bill 87-89, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING TWO NEW SECTIONS PERTAINING TO PREFERENCES FOR LOCAL SUPPLIERS AND PRODUCTS MANUFACTURED IN THE UNITED STATES. Councilman Barniclo requested thin bill be placed on the Informal Calendar. # # # Bill 87-90, sponsored by Councilman Hooke, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964. Bill 87-90 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10898. Aye: Herniale, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # Bill 87-91, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STADIUM WEST PROPERTIES AND COLE COUNTY FOR THE PROCUREMENT OF THE EDGEWOOD EXTENSION AND FROG HOLLOW RIGHT-OF-WAY, REALIGNMENT OF CREEK, AND CONSTRUCTION OF A BRIDGE AND STREETS. Bill 87-91 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10899. III Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. 196 # # # Bill 87-92, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE I (ANGLE PARKING) OF SECTION 18-143 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING CERTAIN LOCATIONS ON MADISON STREET. Councilman Haake informed the Council that the Traffic Safety Commission had voted against this request as they felt it would create traffic hazards on this street. Councilman Mason stated the Police Department had been in attendance at the Traffic Safety Commission meeting and had opposed the passage of this request. Councilman Voile moved the bill be placed on the Informal Calendar, but as Councilman Woodman was not present at the meeting, this could not be done. City Counselor Allen Garner stated the bill could be "tabled" until some future date. Councilman Barnicle moved Bill 87-82 be tabled. Councilman Halsey seconded the motion. A voice vote proved inconclusive, therefore a roll call vote was taken. The motion was approved by the following vote: Aye: Barniole, Davis, Gordon, Mason and Scheulen. Nay: Borgmeyer, Haake, Halsey and Voile. # # # Bill 87-93, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY, INC. FOR SURFACE SEALING OF CITY PARKING LOTS. Bill 87-93 was read third time by title, placed on final passage, and passed by the following vote au Ordinance No. 10900. Aye: Barnicle, Borgmeyer, Davis, Gordon, Hake, Halsey, Mason, Scheulen, and Voile. Nay: Nona. INFORMAL CALENDAR: Councilman Barnicle requested Bill 87-56 regarding the amending of the Code of the City of Jefferson, Missouri, by rezoning property in the Stadium West Subdivision from RC, C-1, RA-2, RD and RS-2 to PUD (Planned Unit Development) be removed from the Informal Calendar and be considered for final passage at this time. Bill 87-56 was removed from the Informal Calendar and placed on final passage, and passed by the following vote as Ordinance No. 10901. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. # # # Councilman Borgmeyer requested Bill 87-72 regarding the contract with Interstate Insulation of America for the removal of asbestos from the Waste Water Treatment Plant be removed from the Informal Calendar and be considered for final passage at this time. Councilman Mason stated his questions had been answered and he had no objection to its removal from the Informal Calendar. Bill 87-72 was read was removed from the Informal Calendar and placed on final passage, and passed by the following vote as Ordinance 97 = 0!IlNatk_mEET ic3 ,$EET AMBER S- 1Q87 No. 10903. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Veile. Nay: None. RESOLUTIONS: RS87-19 Regarding the pay of the Mayor and City Council members being distributed on the last pay day of the month, rather than the first. Councilman Davis moved approval of this Resolution, Councilman Borgmeyer seconded and it was approved. UNFINISHED BUSINESS: ISIS: Councilman Barnicle questioned exactly what action was to be taken by the Council on Isis. He reviewed some of the past requests and meetings of the Task Force and the East Side Betterment Association Task Force and wanted to know if these meetings had had any effect on the request of the Isis Task Force. City Administrator Dave Johnston stated that staff was asking the Council to approve the proposal submitted by Isis and reviewed and recommended by the Isis Task Force. Councilman Barniole stated he would wait to see if a motion was made and would then speak to that motion. Councilman Halsey said he and members of the Council had requested more information before they could vote. Councilman Halsey stated he felt a position paper was needed stating the options and letting the Council vote on those options. City Administrator Dave Johnston stated the Isis Task Force had been charged with the responsibility of seeing what was needed to bring Isis into compliance with the existing code. They were not charged with relocations possibilities. Mr. Johnston stated this possibility had been explored and ho felt, pretty well exhausted. There wore no funds to compensate Isis for this relocation. Councilman Hooke moved the Council accept the staff recommendations and negotiate with Isis so lain may proceed with bringing them into compliance with our codas. Councilman Borgmeyer seconded the motion. Councilman Barnicle then reviewed for the Council some of the past history of the problems and concerns with Isis that has brought us to this point. Councilman Barnicle stated the East Side Betterment Association Task Force had agreed with three of the four points being recommended by the Isis Task Force. After further discussion of these points, Councilman Barnicle stated the three points contained in the memorandum to City Administrator Dave Johnston dated August 13, 1987, that were acceptable to the East Side Betterment Association: Nitrocellulose Storage: Isis proposes to move the Nitrocellulose pad to the rear line of the lot which is zoned commercial. Chain link fencing will be erected around the pad and the 50 foot separation would be established through painting of a yellow line. Further, a dry pendent sprinkler system would be added to the rear wall of the plant along the area closest to the Nitrocellulose area. Drainage System: Isis proposes to answer this specific recommendation by retaining spilled liquids and fire protection water by enclosing their facilities with curbs and retaining any volumes upon their property. Fire Doors: All exterior doors leading from the manufacturing 1 i98 ' ...__... _. ........... . . ._.. . ... _.. ._ .. . anULAR -CO NC4- --M£ ,7 NIa r-- PT E ,R--8,►---, 987 area will be equipped with a deluge type dry pendent sprinkler to provide a "wall of water" covering the door in the event of fire. All current exterior doors will be replaced with metal doors and the door on the west end of the building will be a two hour rated fire door. Councilman Harnicle stated the following recommendation was not acceptable: Finished Good Storage: Isis proposes to relocate the flammable finished goods to a dock on the west side as outlined in the exhibit attached to their letter and as discussed at the August 12, 1987, meeting. The area would be equipped with a chain link fence and gate. A roof would be constructed over the area subject to code requirements of the city. After further discussion Councilman Barnicle moved to amend the motion as follows: We accept points 1, 2 and 3, but do not accept the moving of finished goods on an expanded dock outside of the building, instead we substitute that there be an internal fire wall be constructed; further, this be our recommendation and if action is not taken on these four points within thirty days, the Council seeks legal action to adjoin that Company to cease doing business in Jefferson City until they are safe. The motion was seconded by Councilman Scheulen. Councilman Halsey stated he felt the final part of the motion by Councilman Barnicle was not acceptable. He felt that to tell the Company if they don't comply in thirty days or got out of town, was not appropriate. He felt the City Counselor should be given the authority to go back and negotiate the points the Council desires. Councilman Scheulen wished to reemphasize a point made by Councilman Barnicle and that was the item of the internal fire wall was the original recommendation of the Isis Teak Force. Councilman Scheulen further stated the people in their area want a safe plant, but not at the potential of Isis continuing to expand their business in a nonconforming use. Councilman Voile aoked City Counselor Allen Garner if ho felt it was a good approach from a legal standpoint, to state that if the Company does not comply within thirty days, the Council would ask the Courts to shut them down. City Counselor Allen Garner stated this action was not all that uncommon. Mr. Garner went on to state that these four points were not only a compromise of what the Company was willing to do while seeking coda compliance, but it amounted to picking options out of the code. The code provides there is more than one way to meet code compliance. One of the ways the Company could deal with the finished goods storage, was to simply pick up the barrels and take them outside and set them on the ground. The Company preferred not to do this, but to build a dock and put some type of covering over the dock to keep the weather off the goods. Councilman Voile stated he was supportive of the motion made by Councilman Barnicle up to the mention of the thirty days. He stated he would like to have Mr. Barnicle separate this motion and wake it two motions. Councilman Mason stated he would agree with Mr. Voile in that he would support the motion by Councilman Barnicle if it were separated into two motions. Councilman Barnicle withdrew his original motion and Councilman Scheulen withdrew his second. Councilman Barnicle moved to accept the recommendations of the ._-..._- REGllLAR COUNCIL MEETIN__G_S_EPTEMBEB 8 1987 Isis Task Force regarding the storage of Nitrocellulose at a 50' separation, which is point number one of a memorandum to Dave Johnston from the Isis Task Force. That we accept point number three regarding the drainage system, that we accept point number four that fire doors be installed. That we accept the original recommendation of the Task Force that there be an internal fire wall installed that separates the finished goods storage from the rest of the products. Motion was seconded by Councilman Scheulen. The amendment was approved unanimously. The motion by Councilman Haake, seconded by Councilman Borgmeyer was approved by the following roll call vote: Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen and Veile. # # # Midwest Block and Brick Company, Inc. : Councilman Haake moved we direct staff to pursue a negotiated settlement along the general outlines as contained in Mr. Veit's letter to Mr. Garner dated August 24, 1987, for the purpose of totally settling the current litigation between the City and the Company. Councilman Mason seconded the motion. Councilman Harnicle reviewed the current status the of requests of Midwest Block and Brick Company that is currently before the Board of Adjustment and also before the Planning and Zoning Commission. Councilman Barnicle made reference to the letter from the attorney representing the people of Della Lane and also a sound and radiation study done by a consultant hired by the individuals who live on Della Lane to do a series of studios on noise levels. Councilman Barnicle stated thin study absolutely refutes the statement made in the letter of attorney Veit that they are in conformance with the decibel of 55 and 60 and this shows that in fact that most of the time they are wall above noise levels, exceed 60 decibels more than 50% of the time and that noise levels are in excess of 80 decibels quite often. Councilman Barnicle stated ho felt this study needed more consideration and requested the Council not to vote on this motion tonight, or to defeat it. City Counselor Allen Garner reviewed the recent correspondence that had been sent to all council members as well as all attorneys representing all parties involved in the litigation. 1 He stated that at this point the only response that had been received was the one from Mr. Veit. He had, however, been handed a copy late today of a letter from Mr. Vetter along with the study of the consultant. Mr. Garner stated he felt the Council was at a point of making a decision as to what they wanted to do with that specific litigation. Mr. Garner did inform the Council that there has been dates of October 8 and 9, scheduled for trial. Councilman Scheulen stated he felt the primary issue of this suit is not necessarily the zoning, but noise. He felt the issue of noise was not addressed at all in Mr. Veit ' s proposal . Councilman Scheulen stated he felt the only resolution is to let it go to court and let them decide the issue. Councilman Haake stated he disagreed with the proposal not having anything in it concerning the problem of noise. He said the Company indicated they were willing to change some doors ( insulating the doors) and so forth to alleviate the noise problem. He said they also agreed to pave certain parts of the lots to address the dust problem. Councilman Haake said he was not sure what else the Council wanted this company to do. Councilman Haake stated he felt the Company was showing their desire to work with the City to resolve these problems. 240 • City Counselor Allen Garner stated he felt the Company would be willing to address the noise problem even further, if the Council went to them and said they could agree the majority of their proposals, but not to the specific solutions to noise control. Councilman Scheulen stated their letter specifically indicates their unwillingness to accept noise levels because the rest of the City is not willing to accept them. Councilman Scheulen state that Midwest Block was creating a different problem than the rest of the City and that no two situations were the same and he felt this situation called for different answers. Councilman Scheulen stated it was his opinion that if the noise solution was not settled, then the problem was not settled. Councilman Borgmeyer called for the question and asked the motion • be read so everyone knew what they were voting on. • Councilman Haake's motion was read by Mayor Louise Gardner and approved by the following roll call vote. Aye: Borgmeyer, Davis, Gordon, Haake, Halsey, Mason and Voile. Nay: Barniclo and Scheulen. NEW BUSINESS: Finance Director Bobby Cox distributed copies of the proposed 1987 - 1988 operating budget. Mayor Gardner stated her appreciation to each Department head and the personnel in those department for their contribution to the preparation of this • budget. EXECUTIVE SESSION: There being no further business, Councilman Hain©y moved to adjourn to Executive Session, Councilman Gordon second ed and it was approved by the following vote: Aye: Hernial©, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, and Voile. Nay: None. •