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HomeMy Public PortalAbout20050815REGULAR COUNCIL MEETING AUGUST 15, 2005 CALL TO ORDER 1 The Regular Council Meeting of August 15, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kevin Brown, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Absent: Martin A quorum was declared present. PUBLIC HEARINGS Mayor John Landwehr asked City Counselor Nathan Nickolaus if it would be acceptable to combine the first three hearings into one. Mr. Nickolaus explained it would be acceptable if all three items were announced at the same time. Mayor John Landwehr announced that the Council will now hear the following three public hearing topics together at this time: a. 2005 -2006 City Budget b. 2005 -2006 Gross Receipts Utility Tax Rate c. 2005 Rate of Property Tax Levy Finance Director Steve Schlueter gave a staff presentation briefly explaining the budget process and the status of the budget at this time. He also discussed the Gross Receipts Utility Tax rate as proposed in this year's budget. And, finally, he explained the amount of taxation proposed in this year's budget, subject to approval of the City Council before the final rate must be certified to the County by September 1, 2005. He explained how the rollbacks coordinate with reassessment in compliance with the Hancock Amendment. No one present came forward to speak on any of the three topics of these public hearings. Mayor John Landwehr declared the public hearings concluded. REGULAR COUNCIL MEETING AUGUST 15, 2005 2 (d) Major Amendment to Final PUD Plan for 2002 E. McCarty Street City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed PUD amendment. Following staff testimony, the following persons came forward to speak on the issue: In Favor: No one came forward at the announced time to speak in favor of the amendment. In opposition: Ms. Virginia Rackers, 1928 E. McCarty, states she is the only residential property adjoining the property in question. She stated she believes the addition of a retail business in the upper level would create more traffic and noise than she currently experiences with the children at the daycare located there. Following Ms. Rackers' presentation, a citizen requested to be allowed to speak in favor of the issue since she was not aware someone was going to be speaking in opposition. Mayor John Landwehr again asked for those wishing to speak in favor to come forward. In Favor: Keely Prohaska, 2006 E. McCarty, owner of the business at the location in question. She explained the business planned and stated she believed that by moving the daycare to just the lower level and reducing the number of children, it would also reduce the amount of traffic and noise. At the conclusion of public comment, Mayor John Landwehr announced the Council would now take up the pending bill associated with this issue. Bill 2005 -46, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR A 0.47 ACRE TRACT ADDRESSED AS 2002 EAST MCCARTY STREET, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -46 was read third time and placed on final passage. A lengthy discussion was held and questions asked of staff by the Council regarding this proposed amendment. At the conclusion of discussion, Bill 2005 -46 was defeated by the following roll -call vote: Aye: Berry, Brown, Crane, Layton, and Schnitzler Nay: Ferguson, Harvey, Pope, and Vogel REGULAR COUNCIL MEETING AUGUST 15, 2005 3 (e) Rezoning 0.10 Acres Located at 628 Clark Avenue City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed rezoning. Following staff testimony, the following persons came forward to speak on the issue: In favor: Mr. David Rachel, 912 Sardonyx, spoke in favor of the rezoning and explained the use of the property as a result. No one came forward to speak in opposition to the proposed rezoning. Mayor John Landwehr declared the public hearing concluded and announced that the Council would now take up the pending bill associated with this issue. Bill 2005 -47, sponsored by Councilman Brown, 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 0.10 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR PROPERTY ADDRESSED AS 628 CLARK AVENUE, LOCATED IN PART OF LOTS 106 AND 107 FAIRVIEW ADDITION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13916: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None (f) Preliminary and Final PUD Plan for 628 Clark Avenue City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the PUD plan. Following staff testimony, no one came forward to speak on the issue. Mayor John Landwehr declared the public hearing concluded and announced that the Council would now take up the pending bill associated with this issue. Bill 2005 -48, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA 0.10 ACRE TRACT ADDRESSED AS 628 CLARK AVENUE, LOCATED IN PART OF LOTS 106 AND 107, FAIRVIEW ADDITION, REGULAR COUNCIL MEETING AUGUST 15, 2005 4 JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -48 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13917: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None (g) Rezoning and Comprehensive Plan Amendment for 1500 to 1516 Edmonds Street City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the comprehensive plan amendment. Following staff testimony, the following persons came forward to speak on the issue. In Favor: Mr. Alan Pollack, Jefferson City Housing Authority, 1040 Myrtle Avenue, explained the public housing use associated with this plan. No one came forward to speak in opposition to the issue. Mayor John Landwehr declared the public hearing concluded and announced that the Council would now take up the pending bill associated with this issue. Bill 2005 -49, sponsored by Councilman Brown, 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 FROM RA -2 HIGH DENSITY RESIDENTIAL TO RS -4 MEDIUM DENSITY DETACHED RESIDENTIAL, FOR PROPERTY LOCATED AT 1500 TO 1516 EDMONDS STREET, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13918: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING AUGUST 15, 2005 5 (h) Zoning Plan for Property Located in the 2700 Block of W. Edgewood and Adjacent Right -of -Way City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the zoning plan. Following staff testimony, the following persons came forward to speak on the issue. In favor: Mr. Dick Otke, 621 S. Eagle Trace, spoke in favor of the proposed zoning plan, and explained the use of the area. In opposition: Ms. Catherine Lucia, 2409 Flamingo Road, owner of the property adjacent involved. She stated her property is vacant, but that she planned for her children to be able to built residential dwellings on it and with the proposed plans for Mr. Otke's development they no longer would want to do that. At the conclusion of public comment, Mayor John Landwehr declared the public hearing concluded and announced that the Council would now take up the pending bill associated with this issue. Bill 2005 -51, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTH OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 10, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -51 was read third time by title and placed on final passage. Discussion was held regarding this issue, and questions asked of staff by the Council. Following discussion, Bill 2005 -51 was then passed by the following roll -call vote as Ordinance 13920: Aye: Berry, Brown, Crane, Ferguson, Harvey, Pope, Schnitzler, and Vogel Nay: Layton (I) Zoning Plan for Lot 29, Chapel Hill Commons Subdivision, Located in the 3500 Block of Chapel Hill Road City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the zoning plan. Following staff testimony, the following persons came REGULAR COUNCIL MEETING AUGUST 15, 2005 6 forward to speak on the issue. In favor: Mr. Duane Schreimann spoke on behalf of the applicant, Larry Harness, and explained the project planned for the area in question. Mr. Schreimann and Mr. Harness requested that the record reflect these comments in favor of both this issue, and the following public hearing (item j) since both are related. No one came forward to speak in opposition to the proposed zoning plan. At the conclusion of public comment, Mayor John Landwehr declared the public hearing concluded and announced that the Council would now take up the pending bill associated with this issue. Bill 2005 -52, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING NORTHWEST OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 4, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -52 was read third time by title and placed on final passage. A motion was made by Councilman Kenneth Ferguson to accept the substitute Bill 2005 -52 which was previously distributed to the Council, seconded by Councilman Jonathon Schnitzler, and approved unanimously. Bill 2005 -52 was then passed, as substituted, by the following roll -call vote as Ordinance 13921: Aye: Berry, Brown, Crane, Ferguson, Harvey, Pope, Schnitzler, and Vogel Nay: Layton (j) Rezoning and Comprehensive Plan Amendment for 0.56 Acres in 3500 Block of Chapel Hill Road. City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the rezoning and plan amendment. Following staff testimony, Mayor John Landwehr stated that Mr. Schreimann's and Mr. Harness's appearance in item (I) above will be noted in the record for this public hearing as well. No one came forward to speak in opposition to the issue. Mayor John Landwehr declared the public hearing concluded, and announced that the Council will now take up the associated pending bill. REGULAR COUNCIL MEETING AUGUST 15, 2005 7 Bill 2005 -55, sponsored by Councilman Brown, 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 0.56 OF AN ACRE LOCATED IN THE 3500 BLOCK OF CHAPEL HILL ROAD FROM —1 LIGHT INDUSTRIAL TO RA -2 HIGH DENSITY RESIDENTIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -55 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13924: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel 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. CAMPO Technical Committee, June 2, 2005 b. Board of Adjustment, July 12, 2005 c. Public Works & Planning Committee, June 23, 2005 d. July, 2005 Finance Reports e. Historic Preservation Commission, July 12, 2005 COUNCIL LIAISON REPORTS Councilman Kevin Brown commented that there was a group of Boy Scouts present and welcomed them on behalf of the Council. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS REGULAR COUNCIL MEETING AUGUST 15, 2005 8 Councilman Kevin Brown announced that the Tuesday, August 16 Finance subcommittee meeting would not be needed, but that the subcommittees for Public Safety and Community Development tentatively scheduled for the following two nights will be necessary as those groups did not get completed last week. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS City Counselor Nathan Nickolaus gave a report regarding proposed procedures for addressing neighborhood issues. He cited several examples of cities which have ordinances regulating both property maintenance issues and aesthetic construction /remodeling issues, which, he explained, are two entirely different types of regulations. Following his presentation, Mayor John Landwehr suggested that the Council discuss this later in the meeting so they can give staff some direction regarding the next step in addressing this issue. PRESENTATIONS FROM THE GALLERY Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding what he believes is the need for a mobile spaying and neutering program for animals in the City and Cole County. He distributed a handout which stated his opinions in the matter. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown had comments about the report made by City Counselor Nathan Nickolaus. He stated that in cities that have aesthetic standards, the state does not pay for items over and above the standards required by the state. He stated he believes that extra cost is passed on to the cities that have those requirements. The issue of registration of rental properties so that the city can keep track of landlords. He asked if a register has been developed of historical standards. Staff indicated that a survey has been done, but no list was made from that survey. Mayor John Landwehr suggested that the city make use of technology to notify landlords immediately by either email or fax when violations occur. He asked if the Council wished to give staff some direction in this matter. The Council stated they agreed with staff's recommendations in the report given by Mr. Nickolaus. Following discussion, staff was directed as follows: Regarding part (a) pertaining to property maintenance: a staff committee be formed to take a look at how to improve the code enforcement system. Regarding part (b) pertaining to aesthetic construction /remodeling: The Council decided REGULAR COUNCIL MEETING AUGUST 15, 2005 9 that, in agreement with the staff report, a committee should be formed. Mayor John Landwehr asked that the Council let him know if any of them wish to serve on that committee, or have names of persons interested in serving CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: July 15 Brown Bag, August 1 Pre - Meeting and Regular Meeting Proposal 2083 (RENEWAL - Year 3), Evers & Company for Audit Services - Finance Dept. c. (RENEWAL - Year 2) Legislative Consultant Agreement Mayor John Landwehr announced that the Council had previously requested that item (c) be held over for further consideration. Therefore, a motion was made by Councilman Bryan Pope for approval of Items (a) and (b) of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. Item (c) is held over. BILLS INTRODUCED Bill 2005 -56, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF LOCATING A FLIGHT DATA INPUT /OUTPUT CENTER IN THE AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -57, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY MAKING AVAILABLE FOR TRADE. Bill 2005 -58, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEUMAYER EQUIPMENT CO., INC. FOR FUEL DISPENSING EQUIPMENT. REGULAR COUNCIL MEETING AUGUST 15, 2005 10 Bill 2005 -59, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2005 -60, sponsored by Councilman Brown, 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 2005. Bill 2005 -61, sponsored by Councilman Brown, 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, 2005, TO OCTOBER 31, 2006, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Discussion was held regarding whether the Parks tax levy should appear in the bill. Councilman Kevin Brown stated that he did not believe it should be included as it was eliminated by referendum. Bill 2005 -63, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF CHELLE LANE. Bill 2005 -64, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PORTIONS OF OREGON STREET AND PIKE STREET. BILLS PENDING Bill 2005 -43, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FORA BYRNE REGULAR COUNCIL MEETING AUGUST 15, 2005 11 FORMULA GRANT PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2004 -2005 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2005 -43 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13913: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -44, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CREATING THE JEFFERSON CITY PUBLIC TELEVISION STEERING COMMITTEE Bill 2005 -44 was read third time by title and placed on final passage. A motion was made by Councilman Brian Crane to accept the substitute Bill 2005 -44, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2005 -44 was then passed, as substituted, by the following roll -call vote as Ordinance 13914: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -45, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR BELMONT /BOONVILLE, BAGNALL, AND ERHARDT SANITARY SEWER EXTENSIONS AND BROOKS STREET SEWER AND STORMSEWER REPLACEMENT . Bill 2005 -45 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13915: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -50, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF THE TRAILS OF KAUFFMAN HILLS, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -50 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING AUGUST 15, 2005 12 following roll -call vote as Ordinance 13919: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -53, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI. Bill 2005 -53 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13922: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -54, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2, SECTION 1 -115 PERTAINING TO FINANCIAL DISCLOSURE Bill 2005 -54 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13923: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None SCHEDULED REPORTS No reports were scheduled to be given at this time. NEW BUSINESS There was no New Business brought forward at this time. UNFINISH REGULAR COUNCIL MEETING AUGUST 15, 2005 ED BUSINESS There was no Unfinished Business brought forward at this time. 13 APPROVAL OF CLOSED SESSION MINUTES August 1, 2005, Closed Session Minutes - A motion was made by Councilman Jonathon Schnitzler for approval as presented, seconded by Councilman Michael Berry and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council will go into Closed Session to discuss the following: Real Estate [Sec. 610.021(2)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 8:20 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None