HomeMy Public PortalAbout19870518 ig7
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REGULAR COUNCIL MEETING, MAY 18, 1987
A Regular Council Meeting was called to order at 7:30 P.M. with
Mayor Louise Gardner presiding.
Prayer was offered by Councilman Steve Nelson.
The following Council Members were present:
Present: Barnicle, Borgmeyer, Davis, Haake, Halsey, Nelson,
Scheulen, Veile and Woodman.
Absent: Gordon.
A quorum was declared present.
PUBLIC HEARING:
The first item on the Agenda was a public hearing regarding Bill
87-9, Smoke Alarm Ordinance. Mr. Eric West, 2115 St. Mary's
Blvd. , Jefferson City, MO, wished to speak to the Council
concerning some questions he had regarding the liability of the
Owner's if the tenants failed to maintain the smoke alarm. There
' was no one else present to address the Council on this issue.
The next item for discussion was a request for rezoning of
Schotthill Woods Subdivision. There was no one present to
address the Council either in favor of or in opposition to the
rezoning request.
IIIThe Public Hearing concluded at 7:40 p.m.
Councilman Gordon entered the meeting at this time.
1,' PRESENTATIONS FROM THE GALLERY:
Councilman Voile requested that Resolution 87-12 commending the
Safety Kids be considered at this time. Councilman Voile
informed the Council of the work the Safety Kids have done with
their program promoting drug-free youth. Councilman Voile moved
approval of this Resolution. Councilman Halsey seconded the
motion and it was approved.
Mayor Gardner distributed copies of the Resolution to each member
of the Safety Kids that wore present at the meeting.
CONSENT AGENDA:
Councilman Halsey moved approval of the Consent Agenda which
consisted of:
a) Council Minutes of 5/4/87
b) Monthly Financial Statement
c) Awarding of the following bids:
911 - Curb & Gutter, Denese Dr. & Raymond Rd. ; Public Works
913 - Uniform Boots, Fire Department
d) Approval of appointments to various Boards & Commissions
Planning & Zoning Commission - Tony Barnicle
Traffic Safety Commission - Jim Haake; Steve Nelson
(Alternate)
III Transportation Commission - Jim Woodman; Vern Scheulen
(Alternate)
Public Works & Planning - Vince Borgmeyer; Craig Davis;
1 Steve Nelson; Darrel Gordon; Vern Scheulen
1 Parks & Recreation Commission - Charles Jackson
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(reappointment); Shirley Eno, eugene Bushman
Planning & Zoning Commission - Harold McDowell (Ward
5); Mike Downing (Ward 2) ; Bill Warhurst (Ward 1-
Replace J. Steve Weber); Kent Gardner (Ward 1)
Transportation Commission - Carolyn McDowell ( fill
unexpired term of Clyde Lear); Thomas J. Downey; Steve
Howard
Police Personnel Board - Colleen Switzer (Republican)
Library Board - John D. McGhee; Tina M. Jordon; Dr. Joe
L. Simmons •
Councilman Soheulen seconded approval and it was passed.
MINUTES RECEIVED AND FILED:
Mayor Gardner announced the following minutes had been received
and were on file in the office of the City Clerk:
Commission on Historic Preservation 3/10/87 & 4/14/87; Police
Personnel Board 5/7/87; Traffic Safety Commission 5/7/87; Animal
; Rescue Advisory Commission 5/6/87; City Administrator &
! Departmental Monthly Reports
BILLS INTRODUCED:
, Bill 87-17, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A
ANEW SECTION 17-93 RELATING TO THE OFFENSE OF FAILURE TO RETURN
} LEASED OR RENTED PROPERTY.
; Bill 87-17 was read first and second time by title and ordered
distributed to members of the Council.
Bill 87-18, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING
CERTAIN WEAPONS IN THE CUSTODY OF THE POLICE DEPARTMENT TO DE
SURPLUS PROPERTY, AUTHORIZING A PETITION REQUESTING THE COLE
P. COUNTY CIRCUIT COURT FOR AN ORDER FOR THE DISPOSAL OF THE WEAPONS �#
LAND AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT THE DISPOSAL OF
` THE WEAPONS.
; Bill 87-18 wee rend first and second time by title and ordered
' distributed to members of the Council.
Bill 87-19, sponsored by Councilman Borgmeyer, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD I
STOCKMAN CONSTRUCTION FOR 1987 CURB & GUTTER PROJECT ON RAYMOND
ROAD AND DENESE DRIVE.
Sill 87-19 was read first and second time by title and ordered
distributed to members of the Council.
i Bill 87-20, sponsored by Councilmen Woodman & Davis, entitled:
1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR
THE IMPROVEMENT OF TANNER BRIDGE ROAD FROM APPROXIMATELY 3000
FEET SOUTHERLY FROM OAK CREEK COURT TO MISSOURI STATE ROUTE "B",
BY CURBING AND GUTTERING WITH PORTLAND CONCRETE.
Bill 87=20 was read first and second time by title and ordered
. distributed to members of the Council.
Bill 87-21, sponsored by Councilmen Woodman & Borgmeyer,
entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, LEVYING AND
ASSESSING A SPECIAL TAX BILL AGAINST THE LOTS OR TRACTS OF LAND
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FRONTING AND ABUTTING FAIRLAND VILLAGE ESTATES, IN THE CITY OF
JEFFERSON, MISSOURI, FOR THE IMPROVEMENT OF SAID ROADWAY.
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Bill 87-21 was read first and second time by title and ordered
distributed to members of the Council. s�
bill 87-22, 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
PROHIBITING PARKING ON FAIRGROUNDS ROAD.
Bill 87-22 was read first and second time by title and ordered
distributed to members of the Council.
Bill 87-23, 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 THE
CITY OF JEFFERSON, BY REZONING THE NORTHEASTERLY 34.3 ACRES OF
THE SCHOTTHILL WOODS SUBDIVISION FROM RA-2 (MULTI-FAMILY
RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) .
Bill 87-23 was read first and second time by title and ordered
distributed to members of the Council.
Bill 87-24, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
18-122 OF THE CITY CODE TO PROHIBIT OPERATION OF CERTAIN VEHICLES
ON A PORTION OF WEST MCCARTY STREET FROM FULKERSON STREET TO
VISTA ROAD.
Bill 87-24 was read first and second time by title and ordered
distributed to members of the Council.
Bill 87-25, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SUBORDINATION AGREEMENT WITH
CENTRAL BANK CONCERNING JEFFERSON CITY MANUFACTURING COMPANY,
INC.
Bill 87-25 was road first and second time by title and ordered
distributed to members of the Council.
Bill 87-26, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A
NEW SECTION TO BE KNOWN AS SECTION 5-24 RELATING TO THE NUMBER OF
ANIMALS PERMITTED AT A RESIDENCE WITHIN THE CITY.
Bill 87-26 was read first and second time by title and ordered
distributed to members of the Council.
BILLS PENDING:
Bill 87-8, sponsored by Councilman Nelson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEED TO LINCOLN UNIVERSITY TO
CORRECT A SURVEYOR'S ERROR IN THE ORIGINAL DEED.
Bill 87-8 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10822.
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Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Voile and Woodman.
Nay: None.
,ysd 130
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Bill 87-9, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING SECTION 7-
19 WHICH ADDED A NEW SECTION 1716. 11 TO THE BUILDING CODE OF THE
CITY OF JEFFERSON, RELATING TO SMOKE DETECTORS IN LEASED OR
RENTAL UNITS AND ENACTING A NEW SECTION 7-19 RELATING TO THE SAME
SUBJECT. , ,
1Councilman Scheulen had some questions pertaining to enforcement
responbibility, liability and the time frame given the larger
units for conformity. After some discussion, Councilman Scheulen
moved that Section 1716.11 (E) which reads:
(E) Time for compliance in existing buildings: All
buildings existing on July 1, 1987, or upon which
construction has commenced prior to July 1, 1987,
shall be in full compliance by September 1, 1987,
except apartment complexes having more than one
hundred ( 100) units but less than twenty (20)
units per building which shall be in full
compliance by July 1, 1988.
be amended to read as follows:
(E) Time for compliance in existing buildings : All
buildings existing on July 1, 1987, or upon which
construction has commenced prior to July 1, 1987, shall
be in full compliance by September 1, 1987.
Councilman Halsey seconded and it was approved. Councilman
Gordon had some questions with regard to Section 1716. 11 (0) and
the liability of realtors and property management firms in
renting or leasing units that do not conform to this ordinance.
After some discussion, Councilman Gordon moved Section 1716. 11
(G), which now reads:
(G) Noncomplying units: No owner, realtor, property
management firm, or any other person shall lease
or rent any residential unit that is not in
compliance with the provisions of this section. •
be amended to read as follows:
(G) Noncomplying units: No owner shall lease or rent
any residential unit that is not in compliance
with the provisions of thin section.
Councilman Haake seconded the motion. Motion was defeated by ,a
vote of four to six. Bill 87-9 was read third time by title,
placed on final passage, and passed by the following vote as
Ordinance No. 10823.
Aye: Barnicle, Davis, Gordon, Haake, Halsey, Nelson,
Scheulen, Voile and Woodman.
Nay: Borgmeyer.
Bill 87-10, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING tHEfi
BUDGET BY APPROPRIATING FUNDS FROM THE SEWER CAPITAL IMPROVEMENT
FUND' AND ' BY INCREASING ESTIMATED REVENUES FROM FEDERAL AND STATE
GRANTS FOR THE ROCK BEACON SEWER PROJECT.
Bill 87-10 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10824.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Veils and Woodman.
Nay: None.
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Bill 87-11, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KOLB &
LUECKENOTTE FOR THE TREATMENT AREA ADDITION AT THE ANIMAL
SHELTER.
Bill 87-11 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10825.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Veile and Woodman. r
Nay: None.
Bill 87-12, sponsored by Councilman Borgmeyer, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE• RIGHT-OF-WAY FOR ALL OF DON RAY DRIVE WEST OF
THE WEST RIGHT-OF-WAY LINE OF SHAWN DRIVE IN WESTWOODRIDGE
SUBDIVISION.
Bill 87-12 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10826.
Aye: Barniole, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Veile and Woodman.
Nay: None.
Bill 87-13, 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
PROHIBITING PARKING ON A PORTION OF TANNER BRIDGE ROAD.
Bill 87-13 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10827.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Voile and Woodman.
Nay: None.
Bill 87-14, sponsored by Councilman Gordon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
24 BY AMENDING SECTION 24-41 AND BY REENACTING SECTIONS 24-27 AND
24-46, PERTAINING TO THE POLICE PERSONNEL BOARD PROCEDURES,
ORGANIZATION AND RESPONSIBILITIES. ,
Bill 87-14 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 10828.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Veile and Woodman.
Nay: None.
Bill 87-15, sponsored by Councilman Nelson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZINq THE
MAYOR AND. CITY CLERK TO EXECUTE UTILITIES EASEMENTS TO UNION
ELECTRIC COMPANY, UNITED TELEPHONE COMPANY, AND T.C. I .
CABLEVISION, INC. FOR THE CAPITAL DISTRICT-REGIONAL WEST,
DOWNTOWN UNDERGROUNDING PROJECT AND TO EXECUTE THE NECESSARY
DOCUMENTS CONNECTED THEREWITH. , t
III Bill 87-15 was read third time by title, placed on final paaSage,
and passed by the following vote as Ordinance No. 10829.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Veile and Woodman.
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R .CA 1f,j R COON _ L EEP1NC3_ MAY ,9 •
Nay: None.
Bill 87-16.0 sponsored by Councilman Halsey, entitled:c,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE JEFFERSON CITY
HOST LIONS CLUB FOR A SECTION OF THE CITY PARKING GARAGE.
Bill 87-16 was read third time by title, placed on final passage,
and passed ',as amended by the following vote as Ordinance No.
10830,0
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Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Scheulen, Voile and Woodman.
Nay: None.
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INFORMAL CALENDAR:
Councilman Borgmeyer requested bill 86-208 regarding the
improvements to Peach Tree Drive be removed from the Informal
Calendar and considered for final passage at this time.
Councilman Borgmeyer moved Bill 86-208 be amended by changing
Section 2 to read as follows:
Section 2. The portion of roadway from Tanner Bridge
Road easterly a distance of nine hundred and forty
(940) feet ending in a cul de sac shall be built in
accordance with the plans and specifications submitted
by the Director of Public Works and filed in the office
of the City Clark. The cost of $7. 50 per front foot
shall be charged and levied as a special assessment
against the real estate abutting and fronting on the
improvement, end special tax bills shall be issued
therefore, as provided in Chapter 33 of the Code of the
City of Jefferson, Missouri, and the revised statutes
of the State of Missouri.
Councilman Halsey seconded and it wan approved. Hill 86-208 was
read third time by title, placed on final passage, and passed as
amended by the following vote as Ordinance No. 10831.
Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey,
Nelson, Sohoulon, Voile and Woodman.
Nay: None.
Councilman Nelson requested that Bill 86-211 regarding the sale
of City parking lot #4 be removed from the Informal Calendar and
considered for final passage at this time. Councilman Nelson
moved the amended lease be attached to Bill 86-211. Councilman
Halsey seconded and it was approved. Bill 86-211 was read third
time by 'title, placed on final passage, and passed by the
( following vote as Ordinance No. 10832.
It .
. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, ,
Nelson, Scheulen, Voile and Woodman.
Nay: None.
Councilman Veile requested that Bill 87-7 regarding tt}u, Cable
Television Franchise be removed from the Informal Calmar and
I considered for final passage at this time. Councilman,<1yp .le
moved Bill 87-7 be amended by making the following changes:
8-4.06 Police Powers.
Grantee's rights hereunder are subject to the police power of
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City to adopt and enforce general ordinances necessary to the
safety and welfare of the public. Grantee shall comply with all
applicable general laws and ordinances enacted by City pursuant
to that power. Any conflict between the provisions of the
Franchise and= any other present or future lawful exercise of
City's police powers shall be resolved in favor of the provisions
which provide the greatest benefit to City: '''
8-5.04 Repair of Streets and Property
In constructing, operating, maintaining and testing. System,
Grantee shall refill and compact, at its own expense, any
excavation that shall be made and shall leave all streets and
property, whether it be public or private, in as good a condition
as that prevailing prior to said work, and without affecting,
altering or disturbing, in any way, electric, telephone or
utility cables, wires or attachments. The City shall have the
right to inspect and approve the condition of all streets and
property after said work.
8-5.05 Undergrounding of Cable.
The placement of cables underground is encouraged. In any event,
cables passing under any street shall be installed in underground
conduit. Previously installed aerial cable shall be placed
underground in concert with all other utilities, when all other
utilities may convert from aerial to underground construction.
Grantee shall place cable underground in newly platted areas
where all other utilities are underground as soon as practicable.
When cable is undergrounded, it shall be buried to a depth of at
least twenty-four (24) inches on City right of way and to a depth
'of at least twelve (12) inches on private property and shall be
adequately covered and compacted upon completion and shall be
subject to inspection and approval by the City. City shall
notify Grantee of all pending changes from aerial to underground
utility installations.
8-6.02 '' Maintenance and Complaints
A. A toll-free or collect telephone number for the reception of
complaints shall be provided to subscribers, and Grantee shall
maintain►' a repair sorvicu capable of responding to subscriber
complaints or requests for repairs, maintenance, adjustments or
installations within twenty-four (24 ) hours after receipt of the
complaint or request. Grantee shall investigate and resolve all
complaints regarding quality of service, equipment malfunction,
billing disputes and other matters pursuant to the procedure set
forth in the Franchise Agreement. If the Grantee is unable to
repair the service or resolve the complaint within twenty-four
( 24 ) hours, Grantee shall notify in writing subscriber and
Commission the reason or reasons for the delay and when service
will be restored or when the 'complaint will be resolved.
8. Grantee shall bear the costs included in resolving the
complaint or making such repairs, maintenance, adjustments or
installations unless such repairs are necessary due to neglect or
'abuse of the subscriber. All costs for repairs necessary due to
neglect or abuse of subscriber shall be borne by the subscriber.
'Grantee may charge according to its actual cost for time and
material.
'C. City may cause the telephone company serving Grantee to teat
:the capacity of telephone lines based on volume of calls that may
lbe received by the Grantee ' s business office in order to
detere the availability of adequate telephone lines and
perso ' to serve incoming calls. The test shall include a
readin ` af the percentage of busy signals received by persona
calling '`the business office and of the answering time of
Grantee's office personnel. In the event the test results show
that three percent (3%) or more of all callers receive a busy
signal or that office personnel are not able to answer a
telephone call within twenty (20) seconds, City may require, at
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Grantee's cost, the installation of additional telephone lines or
the hiring of additional office personnel on a permanent or - ;
temporary basis. .
D. The .,Grantee shall submit to the Franchise Administrator on or
before the tenth day of each month the service complaint log for
the preceding month. The service log shall contain the name and
address of, the subscriber, the nature •of the complaint or
regmpsty a date on which the complaint or request was received,
the date on which the complaint or request was resolved and the
date on which confirmation that the complaint or request was
resolved was made. In order that subscriber complaint or request
information may be provided to City, the Grantee shall include in
the monthly statements to present subscribers and shall obtain
from new subscribers at the time cable service is requested a
signed statement that in the event that the subscriber makes a .
service call to the Grantee, the Grantee has permission to
release the service call information to City.
8-9.02 Sale of Subscriber. Lists Prohibited
No information or data obtained by monitoring transmission of a
signal from a subscriber terminal, or by any other means,
including but not limited to, lists of the names and addresses of
such subscribers or any lists that identify the viewing habits of
subscribers shall be sold or otherwise made available to any
party other than to Grantee and its employees for internal
business use, or agents only in connection with Grantee ' s
business, and also to the subscriber who is a subject of that
information, unless Grantee has received specific written
authorization from subscriber to make such data available.
Request for such permission shall be contained in a separate .
document with a prominent statement that the subscriber is
authorizing the permission with full knowledge of its provisions.
The sale of any subscriber list, however generated, other than as
provided in this Chapter is also prohibited.
8-9.05 Program Selection.
A. All programs of broadoauting stations carried by theq rantoe
shall be carried in their entirety as received, with
announcements and advertisements, and without additions. .,;Grantee
shall provide to its subscribers the stereo broadcast signals of
broadcasting eta;tiona and channels offering stereo broadcasts. '
8-11.06 Prohibited Acts. �• _ '
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Exclusive of contractual damages or other rights in law or
equity, a violation of any provision of this Chapter is
enforceable by City, and punishable as provided in Section 1-13
of the Code of the City of Jefferson, Missouri, unless a .
different penalty is provided by this Chapter.
8-13.06 Public, Educational and Governmental Access Channel.
[A. ? If, on recommendation of the Commission, City determines ,
tha*; a survey is desirable, the Commission shall conduct a survey
of public opinion to determine the attitude of subscribers with
regard to the provision of a Public Access Channel for public,
educational and governmental or other local access programming
and to determine whether subscribers wish to incur the cost of
such a service. ] (deleted)
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A. The Commission shall have the following functions as
management entity for public, educational and governmental access
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programming: 1,;y t y�t., .
l) ,I Responsibility for program production for and management of
the Public Access Channel and all other channels as may in the
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Franchise Agreement be designated for communi;'ty-based
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( programming.
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1,; . 2) To assure the Public Access Channel(s) are make available to +7
N all residents of the City on a non-discriminatory, first-'come, .
first-served basis. n
.`: 3) To assure no censorship or control over program content of .� i
` the Public Access Channel(s) exist, except as is necebgary to -u:
comply with the prohibition of material that is obscene.
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4) To devise, establishrand administer all rules, re4ulations
and procedures pertaining to the use and scheduling of the Public
Access Channel(s) not in conflict with this Chapter. '` ' '`I:' '
5) To prepare, in conjunction with the Grantee, such regular or
special reports as may be required or desirable. ' >'
6) To hire and supervise staff. Yt =
7) To make all purchases of materials and equipment that may be ,,Y.�4
required:
8) To develop additional sources of funding, such as foundation °k;k%
or federal or state grants, to further community programming. ;=
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9) To perform such other functions relevant to the Public y=
Access Charnel(s) as may be appropriate.
B. The Commission shall complete a set of rules for the use of r >: ;
the Public Access Channel(s) which shall be promptly forwarded to
the Grantee.
1) Access on a first-come, first-served, non-discriminatory ,.,
basis for all residents of the City. '_;;
2 ) Prohibition of advertising for political purposes, as an`
defined by the FCC. °'
; 3) Prohibition of any presentation of obscene or indecent
material .
4) Public inspection of the log of produces, which shall be '`w'
rotninda any the Commission for n period of two (2) ydera.
5) Procedures by which individuals or groups who violate any
rule may be prevented from further access to the Channel(s).
6) Use of such reasonable amounts of channel time, cablecasting
facilities and technical support.
` 8-13.07 'public Opinion Survey
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The Co aai*sion may from time to time conduct public opinion
surveys ' la'f subscribers and citizens at large relating to all
aspects of the operation of the cable communications system in
the City and relating to the performance of the Grantee.
After much discussion on the required depth for burial of the
cable, Councilman Halsey seconded and it was approved. Bill 87-7
was read 'third time by title, placed on final passage, and passed
as amended by the following vote as Ordinance No. 10833. .(.1
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Aye: 'Barnicle, Borgmeyer, Gordon, Haake, Halsey, 'Nelson,
Scheulen, Voile and Woodman.
Nay: None.
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III RESOLUTIONS:
RS87-11' tipproving a modification of the Urban Renewal Plan for
Progress] Urban Renewal Project, MO. R-45. Councilman Halsey
moved apprdvdl, Councilman Davis seconded and it was approved.
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UNFINISHED BUSINESS/NEW BUSINESS:
• City Administrator Dave Johnston distributed a draftcof the Five
Year Capital Improvements Program for the Council's review and
Comment. After making : some . comments regarding the plan, Mr.
'Johnston informed the Council that a Resolution for formal
;adoption of the Plan would be presented at the next Council
Meeting.
Councilman Halsey informed the Council he would like to see a
Committee consisting of five citizens and five Councilmen
!appointed to monitor and oversee the Capital Improvements
Program. .
Councilman Halsey suggested the Council have a new picture made
for the case in the foyer. There have been several changes since
the last one was made and he felt it would be appropriate to have
a new one taken.
Councilman Borgzneyer requested City Counselor Allen Garppr issue .
a legal opinion on the liability of a property owner 4.th the
remaining tenants when one tenant fails to maintain t smoke
Alarm properly . There was some question estito the
'appropriateness of this question as the ordinance had been passed
and the Council was now dealing with New Business. M4'. Garner
;informed the Council he could render an opinion on this question
las long as there was no request for any action. Mr. Garner will
research .thie an issue a legal opinion at a later date.
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EXECUTIVE SESSION MINUTES: :
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• !Councilman Nelson offered one amendment to the Executive Session ill :
' Minutes. Councilman Nelson moved they be approved ao amended.
Councilman Haaka seconded and it was approved. ,.
There being no further business the meeting was adjourned .t
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