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HomeMy Public PortalAbout20070820REGULAR COUNCIL MEETING AUGUST 20, 2007 1 CALL TO ORDER The Regular Council Meeting of August 20, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present: Brown, Crane, Ferguson, Harvey, Klindt, Layton, Koon, Medin, and Penfold Absent: Smith A quorum was declared present. Mayor John Landwehr asked for names of those in the audience who wished to add their names to the Presentations from the Gallery list and added those who responded. MISCELLANEOUS AGENDA ITEMS There were no items scheduled to be brought forward at this time. PUBLIC HEARINGS (a) 2007 -2008 City Budget: Finance Director Steve Schlueter made a staff presentation summarizing the Mayor's proposed 2007 -2008 budget. Following the staff presentation, no one present came forward to speak on the issue. Mayor John Landwehr declared the public hearing concluded. (b) 2007 -2008 Gross Receipts Utility Tax Rate: Finance Director Steve Schlueter explained the Gross Receipts Utility Tax (GRUT) rate, and that it will remain the same. No proposed changes are made to the rates, but the public is given an opportunity to speak on the issue during the budget process each year. Following the staff presentation, no one present came forward to speak on the issue. Mayor John Landwehr declared the public hearing concluded. REGULAR COUNCIL MEETING AUGUST 20, 2007 2 (c) 2007 Rate of Property Tax Levy Finance Director Steve Schlueter announced that the rate of taxation for this year is proposed at the same rate as last year. No one present came forward to speak on the issue. Mayor John Landwehr declared the public hearing concluded. (d) Rezoning .015 acres and Preliminary and final PUD Plan for 728 E. Miller Street: City Planner Janice McMillan made a staff presentation giving background details of the proposed PUD Plan, and indicated that associated parking issues will also be addressed by the Transportation & Traffic Commission in the near future. Following the staff presentation, the following persons came forward to speak on the issue: In favor: Mr. Stacy Huffman, 22246 Crum, Jamestown, MO. Mr. Huffman explained the building will be used for a karate class / studio for neighborhood children. There being no further persons coming forward to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated that the Council will now take up the associated pending bill. Bill 2007 -55, sponsored by Councilman Klindt, 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, FOR PROPERTY LOCATED AT 728 EAST MILLER STREET, CONSISTING OF PART OF INLOT NO. 755, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 0.15 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PUD PLAN. Bill 2007 -55 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14239: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None (e) Rezoning 3.08 acres and Associated Comprehensive Plan Amendment at Old Lohman Road & South Country Club Drive. City Planner Janice McMillan made a staff presentation giving background details of the proposed rezoning and associated Comprehensive Plan amendment. Following the staff presentation, the following persons came forward to speak on the issue: In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, briefly explained the proposed project and distributed a handout showing the proposed area as well REGULAR COUNCIL MEETING AUGUST 20, 2007 3 as the adjacent areas. He answered questions asked by the Council members. There being no further persons coming forward to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated that the Council will now take up the associated pending bill. Bill 2007 -56, sponsored by Councilman Klindt, 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 3.08 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RA- 1 HIGH DENSITY RESIDENTIAL, FOR LAND LOCATED NORTHWEST OF THE INTERSECTION OF OLD LOHMAN ROAD AND SOUTH COUNTRY CLUB DRIVE, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2007 -56 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14240: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. June 2007 Finance Report b. Council Committee on Administration, July 18, 2007 c. CAMPO Technical Committee, July 5, 2007 d. Public Safety Committee, July 12, 2007 e. USS Jefferson City Submarine Committee, May 17, 2007 f. Human Relations Commission, July 10, 2007 g. Parks & Recreation Commission, July 10, 2007 h. Historic Preservation Commission, July 10, 2007 i. Planning & Zoning Commission, July 12, 2007 j. Board of Adjustment, June 12, 2007 Mayor Landwehr thanked the citizens who serve on these boards and commissions for giving of their time and talents to make our community better. REGULAR COUNCIL MEETING AUGUST 20, 2007 4 COUNCIL LIAISON REPORTS Administration Committee - Chairman Cindy Layton asked Vice Chairman Ron Medin to make the report as she was not present at the last meeting. Councilman Medin reported that the Committee met in August 8 and recommended four bills which are being introduced tonight: 2007 -62, 2007 -63, 2007 -64, and 2007 -65. The next meeting will be held September 5 at 11:30 A.M. at City hall. Councilman Layton then asked Councilman Kenneth Ferguson to make a report on the Annexation & Growth subcommittee. Councilman Ferguson asked Assistant to the City Administrator Melva Fast to give status of current Hwy. 179 annexation neighborhood meetings. Ms. Fast reported that several meetings have been held, and one more meeting is still scheduled to be held on August 28 at 7:00 P.M. at the Southridge Baptist Church, 1815 Vieth Drive. Finance Committee - Chairman Ken Ferguson announced the dates for the upcoming budget committee meetings, and stated the next Finance Committee meeting is currently scheduled to be held September 14 immediately following the Brown Bag Work Session. Public Safety Committee - Chairman Kevin Brown stated the Committee has one bill on tonight's agenda (2007 -66), and announced that the next meeting is scheduled for August 31 immediately following the Brown Bag Work Session. Public Works & Planning Committee - Chairman Dan Klindt reported the Committee will meet on August 23 at 7:45 A.M. He stated the Committee will discuss the issue of sidewalks as well as other issues which have recently come up. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS No announcements were made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointment to the Jefferson City Fire Department for Council approval: Police Department Appointments — Meredith Friedman, Police Officer Following a presentation by Captain Michael Smith regarding the appointee's qualifications and background, a motion was made by Councilman Kevin Brown for approval of the REGULAR COUNCIL MEETING AUGUST 20, 2007 5 appointment, seconded by Councilman Mike Harvey, and approved unanimously. Ms. Friedman was present and was introduced to the Mayor and City Council by Captain Smith. Mayor John Landwehr congratulated her upon her appointment and welcomed her to the Jefferson City Police Department. City Council Economic Development Representative — Mayor John Landwehr explained that an Economic Development Committee is being formed which will include the Chamber of Commerce and other entities, and he intends to appoint at least two, three if needed, City Council Members to that board in the near future. He asked any Council Member interested in serving on that Committee to contact him. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Judy Healy- Mendez, El Puente, made an overhead visual presentation regarding Hispanic Heritage Month. She explained how the organization of El Puenta works with the local Hispanic population in a ministerial capacity, and invited the public to attend an Open House on September 23, 3:00 - 5:00 P.M. at 718 East Capitol Avenue. She also invited the public to the Multicultural Forum which will be held on October 6, 11:00 A.M. - 4:00 P.M. at Memorial Park. PRESENTATIONS FROM THE GALLERY Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding Bills 2007 -63 and 2007 -64 pertaining to animals, and stated he believed those bills should be written by persons qualified in the field of animal behavior or veterinary medicine. Ms. Judy Owens, 2328 Green Meadow Drive, made a presentation regarding Bill 2007 -72 (accepting Green Meadow as a city street). She stated that no sidewalks were needed, and asked that the City waive the requirement for sidewalks and accept the street so the residents on that street can receive street maintenance services such as cleaning and snow and ice removal. Mr. Mike Raithel, 2324 Green Meadow, also made a presentation requesting the City to accept Green Meadow as a city street. Ms. Cynthia Ott, 1107 St. Mary's Boulevard, stated she agreed with Joe Wilson's presentation regarding the animal ordinances and urged the Council to consider his comments. Mr. Leonard Steinman, 110 N. Lincoln, thanked the public for recently voting to approve the sales tax funding for a new Cole County jail. Mr. Eric Schlotz, 2319 Green Meadow Drive, stated he is in agreement with the previous presenters regarding the acceptance of Green Meadow Drive as a public street. He stated REGULAR COUNCIL MEETING AUGUST 20, 2007 6 if the citizens on that street are paying city taxes they should receive all city services. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown stated he is sympathetic to the residents of Green Meadow Drive, and that he is livid at the developer. Following a lengthy discussion of requirements in the Code for such developments, and specifically for that development at the time it was authorized, Councilman Kevin Brown asked if the City Council has the authority to subpoena persons, to which City Counselor Nathan Nickolaus replied the Council does have that authority. Councilman Kevin Brown then moved that staff use the Council's subpoena power to compel the developer, Mr. Roger Verslues, to appear at the September 4 City Council meeting to answer questions regarding this issue. The motion was seconded by Councilman Kenneth Ferguson. Councilman Brian Crane stated he believed the Council should first consider asking Mr. Verslues to appear before using a subpoena. Following discussion, the motion was then approved with Councilman Brian Crane voting "Nay." City Administrator Steve Rasmussen announced that Mr. Roger Verslues had just walked into the Council Chambers, and asked if the Council wished to consider amending the agenda at this point to allow Mr. Verslues to address the Council rather than waiting until the September 4 Council meeting. A motion was made by Councilman Rich Koon that the agenda be amended at this time to allow Mr. Verslues to speak to the issue of his development on Green Meadows Drive, seconded by Councilman Kenneth Ferguson, and approved unanimously. Mr. Roger Verslues, 816 Nelson Drive, developer of the Green Meadows subdivision, stated he has never stated he would not build sidewalks. He stated he has the funding set aside to build the sidewalks for the Green Meadows development, and is willing to build them, but that the residents has told him they did not want sidewalks because they felt they were unnecessary. He answered questions, and stated that regarding cleaning and snow removal of the street, he believes he does everything possible to maintain the street. Following the presentation by Mr. Verslues, Councilman Kevin Brown made a motion to withdraw the direction to Council to subpoena Mr. Verslues to appear at the September 4 Council meeting, seconded by Councilman Jim Penfold, and approved unanimously. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of August 3 and August 6, 2007 City Council Meetings b. Designating Charles Lansford as Employer Representatives to LAGERS A motion was made by Councilman Jim Penfold to approve the Consent Agenda, seconded by Councilman Mike Harvey, and approved unanimously REGULAR COUNCIL MEETING AUGUST 20, 2007 7 BILLS INTRODUCED Bill 2007 -62, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO REDUCE THE SIZE OF A PARKING LOT NECESSARY TO OPERATE A MOBILE FOOD UNIT. Bill 2007 -63, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS), ARTICLE I, SECTION 19 (VICIOUS ANIMALS), OF THE CODE OF THE CITY OF JEFFERSON. Bill 2007 -64, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS), ARTICLE I, SECTION 22 (REDEMPTION AND ADOPTION OF IMPOUNDED ANIMALS, DISPOSITION OF UNREDEEMEDANIMALS)AND ENACTING NEW SECTION TO ASSESS THE COSTS OF EUTHANASIA AGAINST THE OWNER. Bill 2007 -65, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS) BY ADDING NEW ARTICLE VII LANDLORD REGISTRATION . Mayor John Landwehr brought up three sections in the bill that may have been left over from previous meetings. He asked staff to confirm the language is correct. Bill 2007 -66, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006 -2007 ANNUAL BUDGET WITHIN THE GENERAL FUND BYAUTHORIZINGA SUPPLEMENTAL APPROPRIATION TO THE JEFFERSON CITY POLICE DEPARTMENT TO RECOGNIZE A GRANT. Bill 2007 -67, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD RECYCLING FOR THE TRANSPORTATION & RECYCLING OF MATERIALS. REGULAR COUNCIL MEETING AUGUST 20, 2007 8 Bill 2007 -68, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN CONSTRUCTION CORP. FOR THE CREST, MEIER, AND CASTLE STORM WATER PROJECT, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE GENERAL FUND. Bill 2007 -69, sponsored by Councilmen CRANE, Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2008. Bill 2007 -70, sponsored by Councilman Ferguson, 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, 2007, TO OCTOBER 31, 2008, AND APPROPRIATING MONEY FROM THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 2007 -71, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GBH BUILDERS FOR MUNICIPAL BUILDING EXPANSION - RELOCATION OF IT DEPARTMENT PROJECT. Bill 2007 -72, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ACCEPT THE 2300 BLOCK OF GREEN MEADOWS DRIVE LOCATED IN THE RIVERS EDGE ESTATES SUBDIVISION AS A STREET OF THE CITY OF JEFFERSON. Councilman Dan Klindt asked if the bill should be changed to include all the blocks in the subdivisions rather than just one. Councilman Klindt stated he would be willing to amend the language as long as the issue gets resolved. Bill 2007 -73, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HISTORIC CITY OF JEFFERSON INC. REGULAR COUNCIL MEETING AUGUST 20, 2007 9 Bill 2007 -74, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RICHARD S. GRONER. Bill 2007 -75, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MARK DUDENHOEFFER. RECESS & RECONVENE Mayor John Landwehr called a ten - minute recess at this point in the meeting (8:20 P.M.) The meeting reconvened at 8:30 P.M. with the following Council Members present: Present: Brown, Crane, Ferguson, Harvey, Klindt, Layton, Koon, Medin, and Penfold Absent: Smith BILLS PENDING Bill 2007 -54, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LOUIS H. VETTER AND NAOMI J. VETTER. Bill 2007 -54 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14238: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2007 -57, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH THE REGULAR COUNCIL MEETING AUGUST 20, 2007 10 MISSOURI STATE HIGHWAY PATROL FOR PROPERTY LOCATED AT 511 AIRPORT ROAD. Councilman Dan Klindt requested that Bill 2007 -57 be placed on the Informal Calendar at this time. Bill 2007 -58, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION FOR CONSTRUCTION OF THE MISSOURI RIVER INTERCEPTOR PIPE BRIDGE REPLACEMENT. Bill 2007 -58 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14241: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: Brown Bill 2007 -59, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMNI CONSTRUCTION FOR PAINTING OF 500 EAST CAPITOL AVENUE. City Counselor Nathan Nickolaus referred the Council to the photographs which were taken by staff a few hours before the meeting started tonight, and stated that staff estimates that 35% of the building has now been painted. He recommended placing this on the Informal Calendar until the second meeting in September. Councilman Brian Crane requested that Bill 2007 -59 be placed on the Informal Calendar at this time. Bill 2007 -60, sponsored by Councilman Crane, entitled: 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 2007. Bill 2007 -60 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14252: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None REGULAR COUNCIL MEETING AUGUST 20, 2007 11 Bill 2007 -61, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2007 -61 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14243: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None INFORMAL CALENDAR Bill 2007 -45, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH ABBOTT O &P LABS, LLC FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Dan Klindt requested that Bill 2007 -45 remain on the Informal Calendar at this time. Bill 2007 -46, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH ANTHONY WINKELMAN AND JON DEGRAFFENREID FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Dan Klindt requested that Bill 2007 -46 remain on the Informal Calendar at this time. RESOLUTIONS RS2007 -16 Amendment to Contract for Electrical Services (Ferguson). Councilman Kevin Brown stated that he does plan to vote for adoption of this resolution, but he also stated that he does not want to see the issue of using an open Purchase Order for large new projects occur again in the future. City Administrator Steve Rasmussen stated that some policies have been established to ensure that. A motion was made by Councilman Kenneth Ferguson for adoption of RS2007 -16, seconded by Councilman Dan Klindt, and approved unanimously. REGULAR COUNCIL MEETING AUGUST 20, 2007 12 RS2007 -17 Renewal of Contract with Williams Keepers, LLC for Auditing Services (Crane) Councilman Brian Crane stated he wished to table RS2007 -17 and that it reappear on the September 4 Council agenda. He then made a motion that Council request staff refrain from sending out RFPs to auditors until RS2007 -17 has been dealt with, seconded by Councilman Dan Klindt, and approved unanimously. SCHEDULED REPORTS No reports were scheduled to be presented at this time. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: a. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Jim Penfold to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved by the following roll -call vote at 8:40 P.M.: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None