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Home My Public Portal About19910715 i:: 125 REGULAR COUNCIL MEETING, JULY 15, 1991 A Regular Council Meeting of July 15, 1991, was called to order at 7 :30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Reverend Harvel Sanders; Grace Episcopal Church. The Pledge of Allegiance was led by City Administrator Dave Johnston. The following Council Members were present: Present: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Absent: Gordon, Owens. y A quorum was declared present. PRESENTATIONS FROM GALLERY: Mayor Gardner announced that due to conflicts in scheduling, the President of the Jefferson City Library Board and the Vice-Chairman of the Regional Library Board, their presentation was going to be postponed until August 5, 1991. Mr. John Bryan, President; SkyFai.r '91, spoke to the Council regarding the plans for future SkyFairo . Mr. Bryan reviewed for the Council the history of the last two events and the financial utnndincf of the organization. Mr. Bryan stated it had been decided not to hold a SkyFair '91 , but to have several smaller ovontcs. Mr. Bryan stated the Committee had been approached about the possibility of conducting special events in conjunction with the dedication ceremonies for the new Missouri River Bridge. Mr. Bryan stated that the SkyFair Committee is open to anyone who would like to either attend the meetings or join the organization. Mr. frill Ruprecht, owner of the McDonalds at 1425 Missouri Boulevard, spoke to the Council regarding a problem he is experiencing with the Recycling Center that is located next door to his business. Mr. Ruprecht stated that there has been a problem with trash accumulating outside the building, parking problems, and a problem with noise during peak business hours. Mr. Ruprecht stated he believed his business had been hurt by this operation. At the request of Councilman Feldman, Tom Benton, Director of Planning & Code Enforcement, reviewed for the Council the action his department had taken in regard to the complaints. Mr. Benton REGULAR COUNCIL MEETING, JULY 15, 1991 _________ ___ !I stated that his department had talked with the Manager of the < Recycling Center, Mr. DeWayne Hedges who was also present at the 7 r meeting, and that since speaking with M . Hedges, they had checked ° ' ' the area and found it to be in compliance. ye .'r Mr. DeWayne Hedges, Manager of the Recycling Center stated that , i since he had spoken with Mr. Benton, he had left strict orders that 'fr:' there was to be no trash left outside the building after business ° hours and that to assist in this they had brought a third tractor trailer onto the site. Mr. Hedges stated that after Mr. Ruprecht had complained about the noise during the noon hour, that he had voluntarily stopped the operating of this machinery during that time and had also given orders to monitor other "peak" times for McDonalds, such as breakfast time. Mr. Hedges stated that the business had grown very rapidly and that he was trying his very , i + best to adhere to all of the codes of the City. After further discussion as to what changes Mr. Ruprecht was requesting and the possible need for different zoning requirements, Councilman Schoulen stated he believed that the City should request Mr. Benton to enforce the codes to the totter of the law, and then stay out of it an it then becomes a civil matter between two private businesses. Mr. ifol.l.e, owner. of Best 'l'. V. on Missouri boulevard stated that ;; they had experienced a problem wi.t:h trucks coming in and blocking their business, but that has been rectified. Mr. Nol..le stated that at this time, the operations of the Center have not effected his husinosn. CONSENT AGENDA: i The Consent Agenda consisted of the following items: 1( a) Council Minutes of 6/24/91 b) Minutes of Special Council Meeting of July 2 , 1991 li c) Renewal of contract with Memorial Hospital for the i+ Employee Assistance Program d) Approval of Mayor's expense report -- July e) Approval of Mayor's Appointment of Director of Public Works -- Chandra Russell f) Approval of the following bids: '.i 1259 - Downtown Lighting Project, Phase I ; Public Works I'l g) Appointments to boards and commissions ci ;I f , F' i; ji ` i Q 1 2 7 P REGULAR COUNCIL MEETING, JULY 15, 1991 Planning & Zoning Commission - Kent Gardner, term to expire 5/95; Karen Keeney, term to expire 5/95; Harold McDowell, term to expire 5/95. Traffic Safety Commission - Kathy Jordan, term to expire 6/94 ; Dick Duncan, term to expire 6/94 ; Robert Kohen, term to expire 6/94 . Pa.lcs & Recreation Commission - Bill Case, term to expire 5/94 ; Bob Haake, term to expire 5/94 . Library Board - Carolyn Bening, term to expire 6/94 ; Dorothy Dill, term to expire 6/94 ; Shirley Powers, term to expire 6/94 . Transportation Commission - Saundra Allen, term to expire 6/94 ; Richard Powell , term to expire 6/94 ; Jim Thompson, term to expire 6/94 . UBB Jefferson City Commissioning committee - Marty Asel , John Bl.osner, Sam Bushman, Lawrence Giti.en, Melody Green, Jim Haake, Paul H i ntch, John Buis, Charles McGeorge, Mary Ann Reuter, Herman Smith, Jim Strong, Carl Vogel Councilman Woodman stated that the Appointment Review Committee had met and approved all of the appointments except for the Library Board and that they wished to hold those until after the Council has had opportunity to hear from the Regional and City representatives. Councilman Halsey requested that item (e) , approval of the appointment of the Public Works Director be dealt with separately. Councilman Wrigley moved approval of the Consent Agenda except for item (a) and the approval of the reappointments to the Library Board. Councilman Haake seconded the motion and it was approved. Councilman Scheulen stated he wanted to let the public know the Council's reason for not approving the reappointments to the Library Board was the Committee's sense of obligation to get direction and understand the issues facing the Library Board. Councilman Scheulen stated that the current members will continue to serve until action is taken. # # # Councilman Halsey stated he had no problem with the qualifications of the proposed new Public Works Director, however, he did not believe the Council had had sufficient opportunity to meet one-on- one with the candidate and he did not feel comfortable being asked to approve this appointment at this time. Councilman Halsey stated • H 4cag44,,A N .. ..e .,.,k,...,._,. _. $ • 128 'yt REGULAR COUNCIL MEETING, JULY 15, 1991 he felt the appointment should either be delayed or a roll call vote taken on the appointment. Councilman Vincent moved to approve the appointment of Ms. Chandra Russell as the Director of Public Works . Councilman Wrigley b seconded the motion. Councilman Vincent stated that if the Committee had erred in not providing an opportunity for the Council to meet with Ms. Russell, he apologized, but that the Committee had worked long and hard in this process and the decision had not been s` made lightly. Councilman Vincent stated he believed the recommendation was justified and hoped the Council would apptave the appointment. After some discussion as to how these types of appointments had been handled in the past, Councilman Feldman moved to amend the motion to have a formal meeting before the next Council Meeting for the purposes of meeting with Ms. Russell and to have the final vote at the next Council Meeting. Councilman Halsey seconded the amendment. After further discussion as to what procedures had been followed in the filling of similar positions, Councilman Vincent spoke against the motion stating he believed it was unnecessary to delay the appointment for several weeks. :S Councilman Wrigley stated that he understood the problem, but that ho felt it wan too late in the process to stop at thin point . Councilman Wrigley stated that if in the future, the Council desired to meet the candidates in an interview process, he would support t this, however, he believed the Committee had l ul t .ill col their responsibility and the appointment should be approved. Councilman Feldman spoke in support of the amendment stating he had nothing against the candidate, yet he know nothing about her, either. Councilman Feldman stated the process would not be delayed by weeks, simply two weeks until the next Council meeting. Councilman Feldman stated he believed the Council should go a little slower on this issue and did not feel two weeks would be inappropriate. After further discussion, Councilman Vincent called for the question and Councilman Wrigley seconded the call . The call was approved by the following roll call vote: Aye: Haake, Scheulen, Vincent, Woodman and Wrigley. Nay: Feldman, Halsey and Mason. The amendment was defeated by the following roll call vote: 1� Aye: Feldman and Halsey. Nay: Haake, Mason, Scheulen, Vincent, Woodman and Wrigley. "a, v t t.� s:7; ;K..,.�x,.5....,..,.'� .'.r ,9 ±i." ;g -X "rr.u. . k � E? ';,,4._,w.,.. . . .: ; . ., r3 s 244,- .,-. it " 4 C-. s.,c5' . v, r,Y.- `.% .a.... .,t ti� �{.< fsa ' w,.. :.... ,i' ,,,5:.4,%" .�" h'.i,Sn an s .. .A?{ +'.-..� r_ ... 'a .,,�x,,,: ,,,,,.� ;�c K40;;;=;.* rl ,k r' .4', 12 9 `l ' ' ` `�a=> '£�� = -Psi REGULAR COUNCIL MEETING, JULY 15, 1991 C' 1 The motion for approval of the appointment was approved by the following roll call vote: ,_ :# Aye: Feldman, Haake, Mason, Owens, Scheulen, Vincent, Woodman '., and Wrigley. ?a` , y�`} Nay: Halsey. 4' . Mayor Gardner expressed her gratitude to those individuals who , n assisted in the selection process and congratulated Ms. Russell . Councilman Feldman moved that in the future after the committee ; . f1.,;;:= makes its choice, the Council have a formal meeting with the <= ''}' candidate to give Council members a chance to speak formally with that appointee. Councilman Mason seconded the motion. Councilman Wrigley stated he believed the motion should be amended # to clarify that any discussions of this type should take place in 4 Executive Session. After further discussion, Councilman Feldman 3. , second. # withdrew his motion and Councilman Mason withdrew his econd. ;.,.a; Councilman Wrigley moved that in the future, the potential final ; selection of Management/Directors would be viewed by the council au °?„ a, - ` . a whole in Executive Session. councilman Mason seconded the motion , ' and it was approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor. Gardner announced the following minutes/reports had been received and were on file in the office of the City Clerk. Planning & Zoning Commission 5/9/91 ; (lousing Authority Board of Commissioners 5/21/91; Parks & Recreation Commission 6/10/91; Board -,, of Adjustment 6/11/91 ; Committee on Redistricting 6/12/91 ; Parks & Recreation Commission, RV Campground Ad-Hoc Committee Work Session , . 6/12/91; Planning & Zoning Commission 6/13/91; Parks & Recreation Commission, Recreation Activities Committee Work Session 6/18/91; Committee on Redistricting 6/19/91; Parks & Recreation Commission, Park Properties Committee 6/20/91; Public Works and Planning Committee 6/26/91; Departmental Monthly Reports BILLS INTRODUCED: Bill 91-41, sponsored by Councilmen Feldman, Scheulen, Vincent, , Wrigley, entitled: IIIAN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PRESCRIBING A E, NATIONAL FIRE PREVENTION CODE, PROVIDING FOR THE ADMINISTRATION AND ;' ENFORCEMENT THEREOF, PROVIDING A PENALTY FOR VIOLATIONS, PROVIDING A VALIDITY CLAUSE, REPEALING ORDINANCE NO. 11158 AND REPEALING 130 • REGULAR COUNCIL MEETING, JULY 15, 1991 SECTION 13-42 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, ` ENACTING A NEW SECTION 13-42 IN LIEU THEREOF, AND CREATING A NEW SECTION 13-43 hMENDMENTS, DELETIONS AND INSERTIONS TO BE INCLUDED THEREIN. Bill 91-41 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 91-42, sponsored by Councilman Feldman, Scheulen, Vincent, Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 30, SQLID ,V ,STES, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, AS IT PERTAINS TO SOLID WASTE, TRADE WASTE, AND VEGETATIVE WASTE. Bill 91-42 was read first and second time by title and ordered distributed to members of the Council . Councilman Feldman informed those present and those watching on television that these bills would be voted on at the August 5 Council Meeting and if anyone wished to speak to the Council regarding these bills, they needed to notify City Clerk Brenda Cirtin prior to that time. II II #I Bill 91-43 , sponsored by Councilman Halsey, Vincent, Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI. , AMENDING THE CODE OF THE CITY OP JEFFERSON, MISSOURI, BY AMENDING CHAP'T'ER 2, A ?1INI .' 4?1, BY THE ADDITION OF AR'T'1'CL1 X I V, :1OIU<LJ3 .' CQMi', i-[3 t ILLQI_.13.,CAC k1,#.C!11MILIC ITS? 13AII• Bill 91-43 was read first and second time by title and ordered distributed to members of the Council . # # # ii Bill 91-44 , sponsored by Councilman Halsey, Vincent, Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING FUNDS FROM THE GENERAL FUND TO THE WORKERS' COMPENSATION RISK MANAGEMENT FUND. Bill 91-44 was read first and second time by title and ordered distributed to members of the Council . # # # Bill 91-45, sponsored by Councilman Woodman, entitled: II AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND .[1 � k rf.. n ^-�iin[ «w...,1..'. k...1,} s .-.5�. c t.e...J,.. r ritn L� _ - % -a F�y 14C4 131 s; REGULAR COUNCIL MEETING, JULY 15, 1991 APPROVING THE PLAT OF MISSOURI BOULEVARD COMMERCE PARK, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 91-45 was read first and second time by title and ordered distributed to members of the Council . Councilman Woodman requested a suspension of the rules for this bill. The project is underway and the first parcel is ready to be sold. Due to the the first meeting in July being canceled, staff was requesting a suspension of the rules. There was no objection and Bill 97 -45 was read third time by title, placed on final passage, and y p p g passed by the following vote as Ordinance No. 11607 . Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # Bill 91-46, sponsored by Councilman Haake, Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH URBANA GROUP, INC. , FOR CONDUCTING AN HISTORIC STRUCTURES SURVEY OF JEFFERSON CITY'S EAST END NEIGHBORHOOD. Bill 91-46 wan read ti rot and neeond time by title and ordered distributed to mombors of the Council . Councilman Mason roqueut:od ra suspension of the rulen ntatinct the project: wan ready to begin and there wean no contrevorny nur•roundinci thin i,nnuo . There wan no objection and Dill aa1-46 wan read third time by title, placed on final pantie °, and passed by the following vote as Ordinance No. 11600 . Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # Bill 91-47, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF FOURTH STREET IN NORTH JEFFERSON CITY, MISSOURI. Bill 91-47 was read first and second time by title and ordered distributed to members of the Council. # Bill 91-48, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC ,.s;•r. .,n. uz,.l+< rFst Y t .,y�M,;:, a+.t„YK;, a.r. .n. "" `?`ax i.4+;1, . 1 •, »�i . q:y`k 1 3 2 `fr REGULAR COUNCIL MEETING, JULY 15, 1991 COMPANY, INC. , FOR THE DOWNTOWN LIGHTING PROJECT, PHASE I. f`+ H Bill 91-48 was read first and second time by title and ordered distributed to members of the Council . Councilman Haa3:e requested a suspension of the rules for this bill, stating that if the r3�`= ' contract is not awarded within thirty days, the City will loose the ' ? grant. Councilman Feldman asked how much money would be lost if the City did not suspend the rules and was informed by City Administrator Dave Johnston the portion of the grant that would be lost was approximately $200, 000. 00. Councilman Mason questioned 1, whether or not the mall-way in the downtown area was going to be considered for a portion of this project. Mr. Johnston stated that this area had not been included in the original plan and was not sure the budget would stretch to include this area . Councilman ' -`; Mason stated he would like to see this area considered at some time. As there was no objection to the suspension of the rules, Bill 91-48 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11609 . Aye: Feldman, Haakc, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # Bill 91-49, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE QUIT CLAIM EASEMENTS FOR UNION ELECTRIC COMPANY, UNITED 'TELEPHONE COMPANY, AND T.C. I . CAIJLKV.ISION, INC. FOR THE UNDERGROUNDING OF UTILITIES FOR THE PROPERTY LOCATED AT THE CORNER OF MONROE AND MILLER STREET. Bill 91-49 was read first and second time by title and ordered distributed to member., of the Council . # # # Bill 91-50, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT TO STEVE HOWARD. 1; Bill 91-50 was read first and second time by title and ordered j; distributed to members of the Council . # # # Bill 91-51, sponsored by Councilman Woodman, entitled: I! AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE )1 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAFETY KLEEN !1 E CORPORATION FOR THE TRANSPORTING OF THE CITY'S HAZARDOUS WASTE TO li i 133 REGULAR COUNCIL MEETING, JULY 15, 1991 1 , - . AN AUTHORIZED FACILITY. ' Bill 91-51 was read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: Bill 91-34, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOWNER COMMUNICATION SYSTEMS FOR TELEPHONE SYSTEM MAINTENANCE. Bill 91-34 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11601. Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # Bill 91-36, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HAROLD G. BUTZER, INC. , FOR HEATING, AIR CONDITIONING AND REFRIGERATION SERVICES. Bill 91-36 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11602 . Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # Bill 91-37, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE '; OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J, PA$KING munITED, OF SECTION 19-401 BY ADDING A PORTION OF DELAWARE ' STREET, HART STREET AND WEST CIRCLE. Bill 91-37 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11603 . iI Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. I ; Nay: None. f ji i i' 11 4 .eye Y tl.......<,..-.. �' .i .. �1� . . ..a .. .. iH. (� . . , �.1ob ,. .... 134 , REGULAR COUNCIL MEETING, JULY 15, 1991 # # # Bill 91-38, sponsored by Councilman Owens, entitled: j AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 11 16, HUM RIGHTS, OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF TWO CATEGORIES TO THE LIST OF PROHIBITED ACTS. ' Bill 91-38 was read third time by title, placed on final passage, !I and passed by the following vote as Ordinance No. 11604 . Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # li Bill 91-39, sponsored by Councilman Haake, entitled: } AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDIt;c TERMS AND PROVISIONS OF FIRE INTERCHANGE AGREEMENTS IN ACCORDANCE WITH CERTAIN STANDARDS HEREINAFTER SET FORTH. Bill 91-39 was read third time by title, placed en t: i.nal passage, and passed by the following vote as ordinance No. 11605 . Aye: Feldman, 1h ake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. # # # Bill 91-40, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNIVERSITY OF 1 MISSOURI-COLUMBIA FOR TRAINING OI. LAW ENFORCEMENT PERSONNEL. 1 Bill 91-40 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11606. Aye: Feldman, Haake, Halsey, Mason, Scheulen, Vincent, Woodman and Wrigley. Nay: None. Ct RESOLUTIONS: Councilman Woodman moved approval of RS91-12 regarding the approval 1' of making application for Missouri Highway and Transportation Grant, Section 18 funds. Councilman Haake seconded the motion and it was approved. # # # 1 ji 1' a=a:N....✓v,aM..:F.�tts•.+.ai;a'`ce5a....Y:.2.:i.:«� ...,..'.... ..we, .' ..: ,.a,�....�u�; ..:+i rc.4zv6t3,w. �.!u..,,,�. ,•r.....i. e. .... %v{ne,.:;...e7n4z...�.`:.L K+-4,+ fyi l -- 135 REGULAR COUNCIL MEETING, JULY 15, 1991 Councilman Halsey requested RS91-13 regarding the acceptance of the '►<' Capital Improvements Projects be postponed until after a work session. Councilman Halsey moved approval of RS91-14 authorizing a temporary employee in the Fire Department. Councilman Haake seconded the motion and it was approved. UNFINISHED DIMNESS: Councilman Wrigley informed Director of Transportation Marty arose ''= that he had been contacted regarding some problems from businesses on High Street with their trash containers being inaccessible to the local disposal agency. Mr. l3rose stated that the problem had `. been rectified and that all of the businesses on High Street have = a way of disposing of trash without undue problems. `>aY II II 4 Councilman Feldman requested City counselor Allen Garner review for the Council his memorandum that had been placed in the packet regarding the possible debarment of JC'C . Mr. Garner reviewed for the Council the information that had been compiled from the various City departments and stated that there appeared to be no grounds for debarment at this time. councilman Feldman stated that duo to thin report, he wanted to go on record as stating he would no longer vote against Jet ' asst: because it was JCl . Councilman Haake stated he believed that Council members were beginning to request too many indopth reports from City staff and this was putting a hardship on staff. Councilman Haake stated he did not believe the Council should be going to staff individually requesting these reports. Mayor Gardner stated that all requests for reports should come through the City Administrator's office. NEW BUSINESS: Mr. Lawson Phaby, Cable Quality Commission, reported to the Council on the progress the Cable Quality Commission is making regarding TCI's compliance with the franchise. Mr. Phaby stated he was the chairman of the Complaint/Compliance Subcommittee and they were in the process of placing some priority on the compliance requirements. Mr. Phaby requested Allen Garner inform the Council of what had transpired with TCI on Monday, July 15. Mr. Garner stated that TCI had given the City a check for $16, 000 for advertising and informed the City they would be changing the way the reports are written in the future. ' - -sw :�,.fi ;?:. �v: � -;•✓*y•;z-�."_a lt..-Z.'t.°Fs:;-.�•• ' •b. 4WM�?:�ufi°1- ei'r tH�.r•e c•,',i:� V iL �.�,.W :�si• ws .� n A .c �t aGit u 1&C2 t 4 .L V�rL.4`e xfis�iy �t*la4Mh�Ar:t1�, : ; ,ik�� r� ��z, . ^ t'i ei`c `t� 1*. a ' OW ` g?, 136 y-1 •!,:. REGULAR COUNCIL MEETING JULY 15, 1991 <<;:,,,,, r: i ....r Itt' x Mr. Phaby informed the Council that the City Counselor will be doing an indepth analysis of the franchise and determine what is ;` ;ri_ due from TCI, when it is due and who it should be addressed to. .. Mr. Phaby stated the committee is still sorting through specific *: 'r4 areas and if anyone still has cable that has not been buried, to ir please contact the Cable Quality Commission and let them know. Mr. vo. Phaby gave the address this information should be sent to and ' a. , requested that the following information be included: name, v address, how long cable has been unburied, what type of contact has 'stay 617, been made with TCI and what TCI's response has been. i; Mr. Phaby also stated that the Cable Quality Commission would be ' C , needing some funding for the hiring of technical persons for the -:,:„.• , j annual system performance study. Councilman Halsey stated that he appreciated Mr. Phaby coming to the Council to give his report and that his request for funds should be given to Mr. Johnston, as the City is beginning its budget process for the coming year. :/: Councilman Vincent stated he appreciated Mr. Phaby's coming to the •:> Council and his detailed report as to what the Cable Quality Commission is trying to accomplish . Councilman Vincent stated he `';; believed the Council should give some direction as to what they want the Commis;; ion to accomplish .sh . councilman i 1.man Vincent stated that: °k;3: i.l' t:he Count:i. 1. tw.tnt.:: the Comm i.:s:: io>n to en f orc c.omlpl i;anc::e o;ith the ,t't ' franchise and also i, t.ter programming on JC.'J'V, then they are going M.°.u:, to have to he willing to provide the funding nee . h'r: : Councilman Wrigley stated the Counci.1 needed to carefully consider , .,: giving monies to various Commission, Boards or Committee:.; in a •4's t'- revolving, draw-down-as-needed type of fund. councilman Wr iclley stated he believed this to be the wrong direction as this then takes the control of how the monies is spent from the council . '; Councilman Vincent :stated he believed the money for funding the a,r ? Cable C 'ality Commission and JC"1'V should come from the franchise 3: fees. s.3 Q# if # # City Administrator Dave Johnston reviewed for the Council the report submitted on computer implementation. Mr. Johnston stated the City is going to seek a return on a portion of the monies given to New World for programs that either do not work properly or the City has not received to date. After some discussion as to the potential ramifications of taking legal action against a company we need to continue to work with on other software, Mr. Johnston stated that legal action would be taken only as a last resort. Mr. .1,;',:.,_'.. Johnston stated he believed if the company knew the Council was prepared to go that direction, it might make the negotiations a Ij little easier. Councilman Wrigley moved to take formal action as expressed by City Administrator Dave Johnston in the three points outlined in his memorandum to the City Council included in the 137 r' REGULAR COUNCIL MEETING, JULY 15, 1991 MOOR Council packet of July 13 , 1991. Councilman Feldman seconded the motion and it was approved. # # # Councilman Feldman stated that after the Public Hearing on the proposed ban on burning, he had requested City Counselor Allen Garner investigate the possibility of calling for a binding vote of the people. Councilman Feldman moved that the Council direct Allen Garner to continue to investigate as to the legality of having a binding or non-binding election ordered by the City Council on a non-contract issue, by the next Council meeting. Councilman Halsey seconded the motion and it was approved. City Counselor Allen Garner stated he would like to clar;.fy a statement made by Councilman Haake. Mr. Garner stated he was the legal counsel for the City Council , the Mayor and the Boards, Commissions, and Committees. Mr. Garner stated that any one of the Council could request a legal opinion without any one else being involved. # # # Councilman Halsey requested Director of Transportation Marty Brose see what can be done about the fumes and suet that come from the City buses. Councilman Halsey stated he had received a number of complaints from citizens regarding the buses and the pollution they create. Mr. Broca stated this exhaust was do to the diesel engines in the buses and that the EPA was establishing now regulations that might put an and to diesel engines. Mr. Brom:, stated that he would have the Central Maintenance area check the buses to see to it they were in proper working order. # # # Mayor Gardner requested the Council approve the appointment of Councilman Halsey, Councilman Woodman and Councilman Wrigley as the search committee for a new Finance Director. Councilman Haake moved approval of the Mayor's appointment. Councilman Mason seconded the motion and it was approved. APPROVAL OF EXECUTIVE SESSION MINUTES: Councilman Wrigley moved approval of the Executive Session minutes of June 24 , 1991. Councilman Vincent seconded the motion and it ,; was approved. + 4..•ADJOURNS 138 REGULAR COUNCIL MEETING, JULY 15, 1991 mom As there was no further business to come before the Council, Councilman Wrigley moved the meeting be adjourned. Councilman Woodman seconded the motion and it was approved. • it • {