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«January 28, 1997 - 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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January 28, 1997 - 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, January 28, 1997 at 7:00 p.m. with

Mayor Robert L. Estill, Sr. presiding.

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

of the council answered as follows: Present: Betty McMillan, Nick Deamos, Corey

Miller, Connie Pohle, Harry Hook, Everett Hannon, Brian Eads and George Danner.

Absent: none. Also present: Deputy City Clerk Claypole, City Attorney Maycock and City Administrator Tempel. Whereupon the Mayor declared a quorum present.

Committee Reports:

Administration: To meet on 2/13/97 at 7:00 p.m.

Municipal Services: Met on 1/18/97, the minutes have been posted. Copies of the minutes are available upon request. Hannon asked about the status of the street light request for Mr. Slaughter on 27th Street Terrace. Abie state that this is being evaluated. To meet 2/19/97 at 7:00 p.m.

Park Board: To meet on 2/10/97 and 2/24/97 at 7:00 p.m.

Planning & Zoning: The board to discuss annexation. The board is still 2 members short. To meet on 1/29/97 and 2/26/97 at 7:00 p.m.

Mayor: 1) Sewer—Bob stated that the City needs to look seriously at the financing of the sewer plant in regards to back/delinquent sewer accounts, so the City can justify or come up with some type of revised sewer rate. Maib has contacted DNR and a private company to do a rate study. The City currently expends $35,000.00 and only bills out $28,000.00. 2) Annexation—Proceed and not delay anymore. Bill Cohrs is working on a citizens group, not a City group, to get some type of plan together to go along with the comprehensive plan. 3) Old City Hall—The current City Hall is cramped for space, so he would like to possibly get the rehab of the Old City Hall under way. Also, do some additional rehab work on the auditorium. There is a State Historic grant currently pending to finance the rehab study for Old City Hall and the auditorium. Grant awards are to be given the first part of February. Rebecca Cook, Secretary of State, informed the Mayor that when the City was ready to rehab Old City Hall to contact her about grant monies. The State Historic group also stated that at the time of rehab the City could submit for additional monies. There are also energy efficient type grants available.

Administrator: 1) Street Dept.—The crew did an outstanding job during the recent snow. Abie thanked the contractors, Richard Thomas and Kyle Harrison, for their help on snow removal of parking lots and the hauling away of snow. 2) Emergency Snow Routes—There is still a problem with vehicles being parked on emergency snow routes. The Police went out and visited with the individuals that had not removed their cars and this time they were not ticketed. The Mayor stated that the snow removal on Main & Franklin should possibly be dumped in the Franklinhole and use the parks area as the second choice. Pohle asked if the cars could be towed if they are not moved in the business areas. A snow in excess of 2" automatically puts the emergency routes in effect. The Police try to locate the vehicle owners and if not, then the vehicles can be towed. The snow routes have been published at least twice. 3) Police Dept.—The Chief had put a year end report in the council boxes. 4) Nation Cattlemen's Assn.—On 2/1/97 a tour of those individuals will be in Lexington. The conference started Monday in Kansas City. 5) Wentworth—A reception was schedule for this evening to welcome the new cadets, but has been rescheduled for 2/4/97 at 5:15 p.m. at the Hall of Honor at Wentworth. 6) Ethics Conference—The conference is 1/30/97 or 1/31/97 in Jefferson City. 7) Administrator & City Clerk—Will be at conferences in Columbia on 1/31/97.

Municipal Court: To meet on 2/12/97 at 4:00 p.m. The court took in $73,603.00 in fines and court costs for 1996.

Police Personnel Board: To meet on 2/18/97 at 7:00 p.m.

Sewer Board of Review: Met on 1/16/97 and heard a request by Charles Sands on delinquent fees on a house located at 1122 South. Sands is possibly going to acquire that property from Ruben Johnson. The Board tabled this until Sands contacts Mr. Johnson. The board discussed the possibility of restructuring the sewer rate schedule. Woods obtained a list of customers from U.S. Water that are not on sewer. The board discussed different options of determining actual hookups versus non-users. Mayor suggested notifying delinquencies before they reached a high amount. Property owners need to notify the Collector of their tenants so that an update can be kept on those individuals. To meet on 2/20/97 at 7:15 p.m.

Appointments:

Old Business:

Liquor License: Larry Huffman was present for Chris Huffman to answer any questions regarding the liquor license request for Interstate Liquor Sales at 301 Broadway. Abie stated that this license is for Interstate Liquor Sales, there is a current license at that location for Interstate Contractor and there is a sign on the building for Interstate Auto Sales which has no license. Will all 3 businesses be operating at that one (1) site? Huffman stated that there is currently no business at that location. The contracting business has been moved outside city limits. They are waiting to receive the dealer plates and bonding insurance for auto sales. They are unsure if they will even do that business. Abie asked, in regards to sandwiches, will they be prepackaged or will they be made at the location? Huffman stated that he was not sure. Another concern was the off-street parking in regards to multiple businesses and also the parking on private property of vehicles, this could block and create a traffic hazard if someone pulled out from Highland onto Broadway/Main.





Huffman stated that there should be plenty of parking available. Huffman stated that they would probably have the liquor business instead of the auto sales. Abie asked if any individuals were currently living at that location. Huffman stated that he lives there and will until a new home is built. Danner asked Valoree if adequate parking was available based on the information received tonight. Valoree stated that her concern was with the parking requirement for residential or apartments, which is 2 spaces for apartments. Also if 2 businesses were there then Planning & Zoning would have to look at the issue of a traffic hazard, but if there is only 1 business there, then there is no regulation as to parking spaces but to off-street parking. Valoree stated that legally she sees no problem with off-street parking or parking spaces. If the council considers this a traffic hazard, then P&Z should review. McMillan asked who will be running the business? Huffman stated that Chris owns the business and he will be running it. Abie asked about what type of signage or lighting they expect to use. Lexington Pride may have some suggestion on lighting. Motion by Hannon seconded by Danner to approve the liquor license for Interstate Liquor Sales at 341 Broadway. Motion carried. 6—2 McMillan & Hook.

Cable Regulations: This regulatory code is in accordance with the most current Federal laws regarding municipal cable regulations. The ordinance will be read the first time tonight and a public hearing will be held in February, possibly the 20th before the Administration Committee. The public at that point may make comments.

The second and final reading to be at the 3/11/97 council meeting. Pohle presented Ordinance No. 96-37 AN ORDINANCE ADDING CHAPTER 13A, UTILITIES AND

REGULATIONS, ARTICLE I. CABLE COMMUNICATIONS REGULATORY CODE, TO THE

MUNICIPAL CODE OF ORDINANCES OF THE CITY OF LEXINGTON. Motion by Pohle seconded by Danner to read the ordinance the first time. Motion carried. Ordinance read the first time. This has been submitted to Classic Cable for their review.

Alliance Water Resources: The Mayor thanked Bob Ross for holding down the expense costs and to change the cancellation time from 90 days to 120 days. Pohle presented Ordinance No. 96-35 AN ORDINANCE AUTHORIZING AND DIRECTING THE

MAYOR TO EXECUTE A BINDING CONTRACT FOR WASTE WATER TREATMENT PLANT

OPERATIONS. Motion by Pohle seconded by Danner to read the ordinance the first time. Motion carried. Ordinance read the first time. Motion by Danner seconded by Eads to read the ordinance the second time. Motion carried. Ordinance read the second time. Motion by Miller seconded by Danner to place the ordinance on its

final passage. Motion carried. ROLL CALL VOTE was answered as follows: Aye:

McMillan, Deamos, Pohle, Miller, Hook, Hannon, Eads and Danner. Nay: none.

Absent: none.

Whereupon the Mayor declared the ordinance duly passed. Abie to inform U.S.

Water, Tom Black and let them know that the council did not choose to go out for bids and thanked them for their interest.

American Portable Telecom: The maintenance to a galvanized lattice tower is minimal, however most have an inspection done once every 1 to 2 years at a cost of $700.00. The liability insurance premium would not change, but the property insurance, based on a $200,000.00 tower, would be an additional $2,198.00 annually. The insurer states that it is critical that this be covered. Under the liability, in case of ice falling from the tower, it is recommended that a 15 to 20 radius around the tower for parking be implemented to keep vehicles out of the fall range.

Abie met with Delair LaDuke, the regional manager for APT, about the $1.00 per year lease and that the City may seek a higher amount. They intended to draft a 30 year lease similar to the one in Concordia. LaDuke stated that the additional amounts are normally passed on to other co-locators. Abie stated other co-locators are not guaranteed. The City would have ownership of the tower from day one. APT is also talking with US Water about a tower. Only 2 companies have contacted the City about a tower placement. McMillan stated the City should have ordinances in place prior to the tower placement. Motion by Eads seconded by Danner to not pursue the installation of a tower with American Portable Telecom. Motion carried. 7 —1 Pohle.

Riverboat Gaming: Abie informed the council that at the last Gaming Commission meeting, the business was devoted predominantly to Stations Casino. The Gaming Commission did however stated they were going to request Howard County and Boonville be brought back in to do an additional presentation and clarify some questions from the Commission.

Mid-Mo. Cellular: The Mayor and Councilman Hannon had a conference call with Kathy Zentgraff, Mid-Mo. Cellular and she stated that when she went to Washington everything in regards to the tower seemed like it was a positive reaction. Kathy took pictures of the houses that they wanted to tear down to the State Historical Society and told them she would give those homes to them, the State turned down the offer. The State Historic group stated that it would be better to have the tower than to keep the 4 houses. Abie has left messages with Laura Sparks, the State Preservationist Officer to give the City an update. The second week in February there will possibly be a town meeting at the High School. The City will coordinate the hearing date with the school, but Zentgraff will let the City know when they are available. Mid-Mo. to pay the school rental costs. Zentgraff to publish the pubic hearing information with the newspaper 14 days prior to actual hearing.

23rd Street Lift Station: Pohle asked about the status. Abie stated that she is waiting to hear from Ron Cowger to set a meeting time to review the details.

Old City Hall: Danner stated that if the council sees going back into Old City Hall, then he does not see spending a whole lot of money redoing offices here and then a year later moving into Old City Hall. The monies ($35,000.00) spent here are ones designated from the FEMA reallocation from the flood of `93 relating to the airport damages. Whether the Police stay here or even if we both stay here, the ADA regulations have to be met. If the FEMA monies are not spent on this project then the net difference is returned back to the State. The monies have to be expended by end of June 1997, the City can request an extension. The State is indicating that they are disinclined to extend monies forward. Any furniture or equipment that is being purchased may be transferred to another location or stay with the Police.

Danner stated the City needs to spend the money wisely.

Airport Sale: Council recommended $35,000.00 be used to fund the Comprehensive Plan and the remaining $65,000.00 be designated to go into a reserve fund for economic development.

Visitors:

New Business:

Fire Ladder Truck: Chief Demeter gave a proposal on the possible purchase of a ladder truck. The aerial device only account for 5% of the total truck operations.



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