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«June 14, 1994 - Regular Meeting City Hall Council Chambers The City Council of the City of Lexington, Missouri met in Regular Session in the City ...»

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June 14, 1994 - Regular Meeting

City Hall

Council Chambers

The City Council of the City of Lexington, Missouri met in Regular Session in the City

Council Chambers of the City Hall on Tuesday, June 14, 1994 at 7:00 p.m. with

Mayor Robert Estill presiding.

The Mayor called the meeting to order and roll being called, the following members

of the Council answered present: Nick Deamos, Betty McMillan, Melissa Clark,

Connie Pohle, Randall Short, Everett, Hannon, Charles Houseworth and George Danner. Also present: City Clerk Ghisalberti, City Administrator Tempel, and City Attorney Maycock. Absent: none. Whereupon the Mayor declared a quorum present.

Consent Items: Motion by Houseworth seconded by Pohle to approve the consent agenda items. Motion carried.

Approval of Bills:

General Fund Account May 31, 1994 ------------------ $ 54,019.66 June 14, 1994------------------- $ 52,922.91 TOTAL CLAIMS ON THE GENERAL FUND ACCOUNT--------------- $106,942.57 1985 Sewer System Revenue Fund------------------------May 31, 1994 $ 49,105.45 June 14, 1994------------------- $ 14,302.18 TOTAL 1985 SEWER REVENUE FUND -------------------------------- $ 63,407.63 Motion by Pohle seconded by Danner to approve the claims. Motion carried.

Reports:

Airport Authority: to meet on 6/23/94 at 7:00 p.m.

Public Safety: to meet jointly with Public Works on 6/15/94 at 5:30 p.m. Abie recommended the councilmen attend an Economic Development Conference on 6/15/94 at 7:00 p.m. at the Heritage Mall in the Santa Fe Banquet Hall. This is sponsored by LEDC and Lexington Tourism Bureau.

Public Works: met on 5/31/94. *City Hall, ADA—Pettijohn-Kinney did a study in 1992, which was used as a starting point. Estill reviewed the research he had done and with the proposed additions from the walk through, project can be completed for under $10,000. The job labor and material will have to be bid. The consensus of the committee was to pursue these arrangements and proceed with preparation of bid specifications. *Delinquent Sewers—Estill and City Collector Neville reviewed the delinquent sewer accounts over $200.00. There are 230 accounts, 66% of which have made no payments whatsoever to date. The total delinquent amount is $184,368.69. An aggressive effort should be made for collection. Those with small dollars can be taken through small claims court. *LACOMO—Abie met with representatives from LACOMO regarding curbing and drainage for the 21st Street and Aull Lane site. If the guttering does not extend across the trailer property, then he will have a water runoff problem. The project survey and engineering reports will be dependent on what action to take. *Emanual Mason—Doing the ground rehabilitation and grass seeding is the final part of our work in transferring Mason's sewer hookup to the main behind his property. Instructions of how to maintain the ground work to completion were left with Mason. *U.S. Water—An update was given on the final proposal for the barrier wall. *Auditorium—Estill has physically inspected the roof and attic area. There are gaps in the roof at the four corners which allows water to drain down the coffers into the building interior. Estill recommended changing the roof to pitch and installing a steel ribbed configuration. The committee recommended investigating the costs. To meet jointly with Public Safety on 6/15/94 at 5:30 p.m.

Finance: met on 6/8/94. *City Hall, ADA—The committee reviewed the recommendations by Estill and decided to pursue the specification and to begin advertising. *Comprehensive Plan—Abie stated the plan would help in cash flow, fixed assets and aid in obtaining additional revenue resources. *U.S. Water—An update was given on the barrier wall. *Police Car—The car had repair expenses, which GM will pick up part of the costs. *Evidence Room—Chief Bahl and Brubeck put together costs to update the evidence room. The materials are estimated at $614. *Computers—Abie would like to purchase 2 computers instead of the 1 that is budgeted if the cost is comparable. One would be for the City Collector's position and the other as an additional for anyone to use. The computers are currently not networked together. Houseworth has information on where to purchase computers at a lower cost. *ADA—Abie is looking at the light bulbs in City Hall. Estill asked if the flood monies for the airport could be used towards the ADA rehab. Abie stated that NFIP is the hold up on receiving flood monies. To meet on 7/13/94 at 7:00 p.m.

Ordinance: met on 6/7/94. *Animal Care—The Animal Care group would like to add the issue of health and welfare to the animal care ordinance. This would include items such as shade, water, shelter and etc. for the animals. *NFPA—Sample ordinances are being received. The passage of the codes is estimated for August or September. *U.S. Water—The Committee reviewed the land transfer ordinance for the barrier wall. *NFIP—The Flood Hazard Control ordinance was discussed.

*Recoupment of Funds—There were two forms for recoupment of funds. The committee could only located one, so this will be discussed at the next meeting. To meet on 7/5/94 at 7:00 p.m.

Personnel: to meet on 7/20/94 at 8:30 p.m.

Park Board: met on 6/13/94, but report was given.

Planning and Zoning: to meet on 6/22/94 at 7:00 p.m.





Administrator's Report: *Newly Elected Officials Conference—is 6/17/94 in Jefferson City. *County Sheriff—In the paper it stated that the City is purchasing rifles, Lexington Police Dept is not acquiring rifles. *Sewer Board of Review—Is to meet on 6/27/94 at 5:30 p.m.

Mayor's Report: *Department Heads—Estill stated he has met with each department head and told them that he is not going to get rid of any of them. He also stated that he does not have a problem with City Attorney Maycock and City Administrator Tempel. The City needs to work together. *Publicity—There was a nice article in the Law Enforcement magazine about Ron Bahl. There was also an article in the Independence paper about the coming activities in Lexington. The Second Baptist Church is holding a district meeting, please welcome the visitors to the community.

Municipal Court: Judge Fenner is home recuperating from having a lung removed.

He thinks he will be able to hold the July court. If not, a judge would have to be appointed by the Circuit Court.

Police Personnel Board: to meet on 6/21/94 at 7:00 p.m.

Appointments: The Park Board received the resignation of Ron Hawley. Motion by Houseworth seconded by Deamos to approve the resignation of Ron Hawley from the Park Board. Motion carried. The Park Board would like to recommend the appointment of Chuck Harlan to fill the unexpired 2 year term of Ron Hawley. Motion by Pohle seconded by Clark to approve the appointment of Chuck Harlan to the Park Board. Motion carried.

Old Business:

U.S. Water: There are 3 parcels of land to be transferred. Parcel 1 is at the upper end and is a public road. This will have to be transferred. Parcel 2 is a 15 right-ofway strip on Water Street. This will have to be transferred and vacated. A public hearing was held on 6/10/94 for the vacating of the street, there were no objections to the vacation. Parcel 3 belongs to the City, but has been maintained by U.S. Water.

This is the green lawn of the south end of the property. Kelly Halford, Attorney for the City and Mark Nolte have reviewed the legal descriptions and the appropriate documents have been drawn up. On the curve, a portion will be kept by the City due to a possible blind corner. Tom Black with U.S. Water stated that Davis Concrete is doing the work and the job should be completed in 3 days. Pohle presented Ordinance No. 94-13 AN ORDINANCE AUTHORIZING THE TRANSFER, VACATION AND

ABANDONMENT OF CERTAIN LAND OWNED BY THE CITY OF LEXINGTON, MISSOURI.

Motion by Houseworth seconded by Deamos to read the ordinance the first time.

Motion carried. Ordinance read the first time. Motion by McMillan seconded by Clark to read the ordinance the second time. Motion carried. Ordinance read the second time. Motion by Pohle seconded by Deamos to place the ordinance on its final passage. Motion carried. ROLL CALL VOTE was answered as follows: Aye: Deamos,

McMillan, Clark, Pohle, Short, Hannon, Houseworth and Danner. Nay: none. Absent:

none. Whereupon the Mayor declared the ordinance duly passed.

NFIP: FEMA had stated that the City of Lexington was not in the NFIP. Abie forwarded copies of ordinances, minutes and a resolution showing where the City had thought they were in the program. After FEMA reviewed the documentation, they decided that the City was still not in the program. Residence cannot get flood insurance if the City is not in the program. Motion by Houseworth seconded by Short to read Resolution No. R-94-04 A RESOLUTION OF THE COUNCIL'S INTENT TO ACQUIRED AND EVALUATE FLOOD HAZARDS. Motion by Danner seconded by Pohle to approve the resolution as read. Motion carried. The council needs to repeal Chapter 9A, Flood Hazard Control and enact a new Chapter 9A. Pohle presented Ordinance No. 94-14 AN ORDINANCE TO REPEAL CHAPTER 9A, SECTIONS 1

THROUGH 11, OF THE MUNICIPAL CODE OF THE CITY LEXINGTON, MISSOURI

PERTAINING TO FLOOD HAZARD CONTROL. Motion by Pohle seconded by Houseworth to read the ordinance the first time. Motion carried. Ordinance read the first time. Motion by Houseworth seconded by Clark to read the ordinance the second time. Motion carried. Ordinance read the second time. Motion by Danner seconded by Pohle to place the ordinance on its final passage. Motion carried. ROLL CALL VOTE was answered as follows: Aye: Deamos, McMillan, Clark, Pohle, Short, Hannon, Houseworth and Danner. Nay: none. Absent: none. Whereupon the Mayor declared the ordinance duly passed. Pohle presented Ordinance No. 94-15 AN

ORDINANCE ENACTING CHAPTER 9A, SECTIONS 1 THROUGH 19, OF THE CODE OF

ORDINANCES FOR THE CITY OF LEXINGTON, MISSOURI FLOOD HAZARD CONTROL.

Motion by Pohle seconded by Danner to read the ordinance the first time. Motion carried. Ordinance read the first time. Motion by Clark seconded by Short to read the ordinance the second time. Motion carried. Ordinance read the second time.

Motion by Danner seconded by Pohle to place the ordinance on its final passage.

Motion carried. ROLL CALL VOTE was answered as follows: Aye: McMillan, Deamos, Clark, Pohle, Short, Hannon, Houseworth and Danner. Nay: none. Absent: none.

Whereupon the Mayor declared the ordinance duly passed.

REAP Grant: The City of Lexington had signed a 2 year agreement with Economic Development. The City will need to reapply to continue in the program. The Mayor to sign the application form.

Health Insurance: At the last council meeting the Council approved the health insurance coverage with Blue Cross-Blue Shield Preferred Care. The execution of the documents requires an ordinance. Pohle presented Ordinance No. 94-16 AN

ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND

EXECUTE ON BEHALF OF THE CITY OF LEXINGTON, MISSOURI AN AGREEMENT FOR

EMPLOYEE HEALTH CARE BENEFITS BETWEEN BLUE CROSS-BLUE SHIELD OF KANSAS

CITY AND THE CITY OF LEXINGTON. Motion by Houseworth seconded by Clark to read the ordinance the first time. Motion carried. Ordinance read the first time.

Motion by Hannon seconded by McMillan to read the ordinance the second time.

Motion carried. Ordinance read the second time. Motion by Deamos seconded by Danner to place the ordinance on its final passage. Motion carried. ROLL CALL VOTE was answered as follows: Aye: McMillan, Deamos, Clark, Pohle, Short, Hannon, Houseworth and Danner. Nay: none. Absent: none. Whereupon the Mayor declared the ordinance duly passed.

27th Street Terrace: off of South Street. Hannon asked about the sewer problems at the Poynter and Price properties. There is septic leakage at the Poynter's, which is conning onto the Price property. In the past the laterals have been changed about 3 times. This area is currently not on sewer. Abie is looking into having sewer lines put in that area. The neighborhood could access themselves as a neighborhood district to get grant monies. The City could make Poynter install new lateral lines. City Clerk stated that this area had been evaluated earlier for sewer lines. Abie to investigate past information.

Visitor's section: none.

New Business: Liquor License: Terry Kopp is requesting a liquor license for the former Museum of Yesteryears building on S. 13 Hwy. to be used as a restaurant.

Business on Monday—Friday at 11:30 to 9:00, Saturday at 11:30 to 10:00 and Sunday at 11:30 to 9:00. The new Methodist Church location is over 100 from the Museum of Yesteryears building. Motion by Hannon seconded by Danner to approve the liquor license. Motion carried.

Liquor License: The Lexington Lions Club is requesting a liquor license on 7/23/94 for a dance. They acquire a license on a per event basis. Motion by Deamos seconded by McMillan to approve the liquor license. Motion carried.

Possession of Controlled Substances: Pohle presented Ordinance No. 94-17 AN

ORDINANCE ADDING SECTION 18-11 TO THE LEXINGTON MUNICIPAL CODE OF

ORDINANCES ESTABLISHING THE CRIME OF POSSESSION OF A CONTROLLED

SUBSTANCE, MARIJUANA AND ITS PENALTY Motion by Houseworth seconded by.

Danner to read the ordinance the first time. Motion carried. Ordinance read the first time. Motion by Danner seconded by Clark to read the ordinance the second time.

Motion carried. Ordinance read the second time. Motion by Deamos seconded by McMillan to place the ordinance on its final passage. Motion carried. ROLL CALL VOTE was answered as follows: Aye: Deamos, McMillan, Clark, Pohle, Short, Hannon, Houseworth and Danner. Nay: none. Absent: none. Whereupon the Mayor declared the ordinance duly passed.

Unlawful Use of Drug Paraphernalia: Pohle presented Ordinance No. 94-18 AN

ORDINANCE ADDING SECTION 18-12 TO THE LEXINGTON MUNICIPAL CODE OF

ORDINANCES ESTABLISHING THE CRIME OF UNLAWFUL USE OF DRUG

PARAPHERNALIA AND PENALTY Motion by Houseworth seconded by Pohle to read.



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