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380
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
A Regular Council Meeting of October 1, 1990, was called to order
at 7: 30 P.M. with Mayor Louise Gardner presiding.
Prayer was offered by Reverend John Tarbet, Associate Pastor;
Capital Christian Church.
The Pledge of Allegiance was led by City Administrator Dave
Johnston.
The following Council Members were present:
Present: Feldman, Gordon, Haake, Halsey, Mason, Owens,
Scheulen, Voile, Vincent, and Woodman.
Absent: None.
A quorum was declared present.
PUBLIC HEARING:
The first item on the agenda was a public hearing to discuss the
operating budget for the 1990-91 fiscal year. There was no once
present to speak either for or against the operating budget.
PRESENTATIONS FROM GALLERY:
The following gentlemen were present to discuss with the Council
the request from Laidlaw Waste Systems for a rate increase: John
Boonsstra, District Landfill Manager; Dick Sieburg, District Hauling
Manager; and Rick Graham, Branch Manager. Mr. i3oonutra distributed
to the Council information indicating that the proposed rate
increase would be approximately $11, 000 per month or a 5% increase.
Mr. Boonatra stated that Senate Bill 530 mandates that the
generator must pay a fee to the State per yard. This foe is to be
passed on to the consumer. Councilman Scheulon questioned what
figures Laidlaw used to arrive at the percentage increase and the
dollar amount. Councilman Feldman also questioned what figures the
City could see that would clearly indicate this was a 5% increase
and not a higher percentage increase.
Councilman Halsey asked how this cost was going to effect the
consumer and was informed that as of November 1, the cost of the
trash bags would go from $1. 38 to $1. 53; cart service would go from
$14 .75 to $16 . 30 and back door service would go from $17 .23 to
$19 .04 . The cost for dumping trash would be $9 .75 per load.
The representatives from Laidlaw agreed to meet with the Council
and show them records that will help clarify this question. After
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381
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
some discussion, Councilman Halsey moved to table the issue until
such time as the requested information has been reviewed by the
Council and the City Counselor. Councilman Feldman seconded the
motion and it was approved.
Mr. Sieburg stated that the rate increase has already gone into
effect everywhere but in Jefferson City.
CONSENT AGENDA:
The Consent Agenda consisted of the following items:
a) Council Minutes of 9/10/90
b) Special Council Meeting of 9/20/90
c) Monthly Financial Statement - August
d) Approval of the following bids:
1194 - Oil and Grease; Public Works, DOT, and Parks.
1199 - Liquid Ferric Chloride; Public Works
1200 - Sodium Chloride; Public Works
1202 - Tree Replacements; Public Works/DoT
1204 - Fire Station 5, Site Preparation; Fire/Public
Works
, e) Renew contract with Williams-Keepers for the annual audit
of City' s financial records for fiscal year 1909 -90 for
a coat of $17 ,000.00 an per original bid
f) Expense report for Mayor. Gardner for MML Conference
g) Expense reports for Councilmen Gordon, Owens, and Vincent
h) Appointments to Jefferson City Police Department
Probationary Data Processing & Telecommunications
Operator - Katherine Lawson
Probationary Police Officers - Michael W. Smith, Jeffrey
P. Stieferman
i) Appointments to Boards and Commissions :
Board of Adjustment - John Kuebler, Alternate, (replaces
John Willibrand as member) , Term to expire September,
1992; Jim Keown, (replaces John Kuebler, as member) , Term
to expire September, 1991; Randall G. Allen (Replaces Don
Roark) , Term to expire September 1995 .
Fire Pension Board - Willard Reine (reappointment) , Term
to expire August, 1993
Juvenile & Family Affairs Citizens Advisory Committee -
John Kerr, Term to expire September, 1993; Tom Deeken,
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..1
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
Term to expire September, 1993; Dorothy Jones, Term to
expire September, 1993
Councilman Woodman informed the Council the Appointments Review
Committee had met and approved the proposed appointments .
Councilman Feldman moved approval of the Consent Agenda. t
Councilman Mason seconded the motion and it was approved. '
MINUTES/REPORTS RECEIVED AND FILED:
*c Mayor Gardner announced the following minutes/reports had been
received and were on file in the office of the City Clerk.
Jefferson City Library Board 8/21/90; Thomas Jefferson Library
System 0/21/90; USSJC Submarine Committee 9/5/90; City Cemetery
t,`° Board Meeting 9/11/90; Planning F1 Zoning Commission 9/13/90; Board
of Adjustment 9/11/90; Traffic Safety Commission 9/13/90
ANNOUNCEMENTS BY MAYOR:
Mayor Gardner announced the Chamber of Commerce agenda, minutes &
monthly toportn were on file in her office 1 f anyone wished to see
.: them.
BILLS INTRODUCED:
Bill 90-90, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MUENKS BROTHERS
CONSTRUCTION COMPANY FOR SITE PREPARATION FOR FIRE STATION NO. 5 .
Bill 90-98 was read first and second time by title and ordered
distributed to members of the Council .
# # #
Bill 90-99, sponsored by Councilman Gordon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF JEFFERSON STREET COMMERCE PARK, A SUBDIVISION
OF THE CITY OF JEFFERSON.
Bill 90-99 was read first and second time by title and ordered
distributed to members of the Council .
# # # a)
Bill 90-100, sponsored by Councilman Gordon, entitled: )
1 !
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AN ORDINANCE ' OF TAE dITY OF JEFFERSON' , MLSSOUftI, ACCEPTING AND
APPRQVING THE PLAT' OF MONTICELLO ACRES. - SECTION SIX,' A SUBDIVISION' :;::
r OF THE. CITY :OF/ JEFFERSON d <'
';, 13111,- 90-1b0 was 'road fir0t and second tune by title and 'ordered :i ''_''
di$rtribu1 ed ,tp',members of the;Council . COunci;lman Gordon a;fq�ae�3tod.
3, a suppension of the'rules tfpr<.' thiq bill,. .Councilm an .Feldman stated
4 his objoction, "making It clear there was not a problem with thin ' i.;
bill in particular, but that he believed the Council suspended the
rules too often. City Administrator Dave Johnston informed the
Council. the City Counselop,.h d+ not had an opportunity to review
this bill and suggested the Council might want to add the provision
that the rules be suspended, but the ordinance not become effective
until the Counselor had had an opportunity to review the bill .
Councilman Gordon stated he had no objection to this provision. As
• there were no further objections, Bill 90-100 was read third time
by title, placed on final passage, and passed by the following voto
as Ordinance No. 11480 .
Aye : Feldman, Gordon, H sake, Halsey, Mason, Owens, Scheulen,
Vo!le, V1,ncerat, and J )UOmian .
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AN URI)INANCP. OF TUL CITY OF ,al;C'l E;U:=1t.)N, MltiSUIIUI , CUANGINO,
AMENDING, AND MOGI (YIN(. THE ZONING NAP UV THE ZONiNU GOPt OF rig
CITY OF JPFFUHSOH, pY REZONING 1)FtOPERTY AT 2722 EAST MCCARTY WV1iRW'
P'Nom 1tH •2, SINGLE r M1t4V DWELLING, TO G-O, Ofl ICF. coMMiciip A1.,
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Mil :�0 -4Ut was ru'aci limit and soenitd time by title And ° doffed
c144r'.tpttte4 to mambprn of the council ,
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bill 00'-404, oponaared by Count.! 4rn n WuoOgtin, orlt:lt 401
AN ORDINANCE OP THE CITY or JILI RBQN, MYHNOUftI , AUL1 QRIZINU 1N4
YQR ?►pin CITY CLERK 'Q NSENv A LEAH �tptippMRN'C KIM UARRrI4 4
NA 'QN FOR PROPERTY ON CITY PARKING LOT NO, 0 .
11111 94-102 WAN road Ulrat and second time by title and ordered
440tri44ta4 to mambas of the 0041)(41 ,
BM IM-43, aponaorpd PY nounoi/man Hawke, aItt.ltl(ac1r
nP Tile ry ry Op' IPPPER Anti, MIRR0 IRT . BYE AMt'Nf N;st1RgarTifN tPN(Y fl1'Y 4
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384
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
f MILES PER HOUR) OF SCHEDULE A (SPEED LIMITS) OF SECTION 19-401 BY
;I ADDING A PORTION OF SEVEN HILLS ROAD.
Bill 90-103 was read first and second time by title and ordered F;
distributed to members of the Council .
Ix1 IA, ty'
Bill 90-104 , sponsored by Councilman Haake, entitled:
4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J (PARKING
PROHIBITED) OF SECTION 19-401 BY ADDING VARIOUS LOCATIONS IN THE
CITY.
Bill 90-104 was read first and second time by title and ordered
distributed to members of the Council .
# # #
Bill 90-105, sponsored by Councilman Gordon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , ACCEPTING AND
APPROVING THE PLAT OF SUNSET ACRES SUBDIVISION, A SUBDIVISION OF
THE CITY OF JEFFERSON.
Bill 90-105 was read first and second time by title and ordered
distributed to members of the Council. .
BILLS PENDING:
Bill 90-90, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STEINMETZ
AUTOMOTIVE, INC. , FOR GENERAL AUTOMOTIVE TRANSMISSION REPAIRS FOR
i ALL CITY.
Bill 90-90 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11402 .
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Veile, Vincent, and Woodman.
P Nay: None.
# # # 1,
!
Bill 90-91, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING Ad
CERTAIN EASEMENT FOR UTILITY PURPOSES IN SCHELLRIDGE SOUTH f1
SUBDIVISION. 1I
#
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385
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
Bill 90-91 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11483.
Aye: Feldman, Haake, Halsey, Mason, Owens, Scheulen, Veile,
Vincent, and Woodman.
Nay: None.
Abstain: Gordon.
# # #
Bill 90-92, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING
PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON,
MISSOURI , FOR 1991 .
Bill 90-92 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11484 .
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile, Vincent, and Woodman.
Nay: None.
# # #
Bill 90-93, sponsored by Councilman Schoulon, entitled:
AN ORDINANCE OF TUE CITY OF JEFFERSON, MISSOURI , ADOPTING A BUDGET
AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 1990, TO OCTOBER 31, 1991, AND APPROPRIATING MONEY IN
THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT
DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Councilman Scheulen requested this bill be placed on the Informal
Calendar pending the final Finance Committee meeting on Tuesday,
October 9, 1990, at 7 :00 p.m.
# # #
Bill 90-94, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, MAINTAINING THE
LEVY OF A GROSS RECEIPTS UTILITY TAX FOR THE CITY OF JEFFERSON,
MISSOURI, AT ITS CURRENT RATE.
Bill 90-94 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11485.
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile, Vincent, and Woodman.
Nay: None.
# #
-I-
386
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
Bill 90-95, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY INCREASING
APPROPRIATIONS IN THE TRANSPORTATION DEPARTMENT, PLANNING AND CODE
ENFORCEMENT, AND THE MODAG TRUST FUND.
Bill 90-95 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11486 .
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Veile, Vincent, and Woodman.
Nay: None.
# # #
Bill 90-96, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
EXTENSION OF THE TERMS OF THE LEASE BETWEEN THE CITY OF JEFFERSON,
MISSOURI , AND CHESEBROUGH-POND'S, INC . , INCLUDING THE OPTION TO
PURCHASE FACILITIES.
Bill 90-96 wan road third time by title, placed on final passage,
and panned by the following vote an Ordinance No. 11487 .
Aye: Feldman, Gordon, itaak€a, Halsey, Mason, Owens , Schoulon,
Voile, Vincent, and Woodman.
Nay: None.
RESOLUTIONS:
Councilman Voile moved approval of Resolution 90-11 supporting the
Jefferson City Police Department's participation in the Missouri
Division of Highway Safety's Sobriety Checkpoint Program.
Councilman Make seconded the motion and it was approved.
UNFINISHED BUSINESS/NEW BUSINESS:
Councilman Feldman expressed his concern about a transaction that
had taken place recently where the Council had been informed it was
necessary to act quickly and a special meeting had been called and
the rules suspended and a contract was approved. Councilman
Feldman stated he had later been informed that the time constraints
the Council had believed to be in effect, had been changed.
Councilman Feldman stated he felt that if the Council had of known
this, they could have allowed more time for the people in the
affected area to be involved in this project.
Mr. Gary Plummer, Executive Director for the Chamber of Commerce,
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387
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
stated that he believed the Council had acted appropriately and
responsibly and that their doing so had allowed the contract to be
finalized in a timely manner. Mr. Plummer stated this was a very
large undertaking for the Chamber and the City and believed it was
a project that everyone could take pride in having been a part of
this project.
, Councilman Halsey stated he believed representatives from MOSERS
should meet with the City Council and inform them of their future
plans before asking the City to participate further in this
project.
Councilman Gordon stated he felt he had been well informed about
the project and felt proud of the part the City played in its
conclusion.
Mayor Gardner stated that she, the City Administrator and Mike
Bates, Director of Public Works had acted as the City's
representatives in a meeting with MOSERS. Mayor Gardner stated she
believe they were well informed about the project.
N #
Councilman Owens asked Mayor Gardner if thorn had boon any reports
from the Housing Concerns Committee. Tom Benton, Director of
Planning and Code Enforcement, stated that his staff has been
working with the chairman and the two sub-committee chairmen and he
believed a report would be coming in the near future.
Councilman Halsey requested the Director of Finance Bob Cox to
provide the Council the following information for their next budget
meetings
a) What fiscal effect have the twenty-eight individuals
hired since 1988 had on the city.
b) What fiscal impact had the consolidation with Cedar City
had on the City's finances.
c) What fiscal impact will the proposed Frog Hollow
annexation have on the City's finances .
d) Input as to what areas in the over-all budget could be
either cut or reduced.
# # #
Marty Arose, Director of Transportation, stated the City had
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REGULAR COUNCIL MEETING, OCTOBER 1 , 1990 j�'
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received a letter from the Engineer on the parking garage stating 9 P 9 9 9 g . :.tea.
' ' they could not complete the garage construction as scheduled. Mr.
f,,,,,-
f Brose distributed to the Council a chart outlining three alternates tz tM
and requested the Council give direction as to how best proceed. . t ,
Alternate No. 1 provided for maintaining the current schedule which 'A t
F` ' would impose a penalty of $1 , 000. 00 per day for each day
construction was not completed. The estimated cost for this would
` be $70,000. 00 . Alternate No. 2 would alloy; the contractor to
complete construction of the west garage, including levels I and J.
;v: The contractor would complete construction on the Riley lot g ..
.- beginning in March of 1991 with completion in June. Alternate 3 er
<;h`. provides that construction of the garage be stopped in November and , +.
tk., started again in March of 1991 . fYrw
Mr. Brose informed the Council that Alternate #2 is the alternate
,,, ,: recommended by staff as the best alternate for all parties
involved. le y,
4
fi+ Councilman Feldman questioned which of the alternates would :.y
tf maintain the penalty clause. Mr. Drone stated that Alternate #1
of would maintain the penalty clause. Mr. Drone stated the other two
ir3. alternates would be a change order process and penalties and costs ;-
t,,, would be negotiated with the cont.ractor. 4 .i
4c a egg
_ :; Councilman Vincent. nt. atr,d that. he had boon led to believe that the .0 q
<Eg: problem had boon the stool manufacturer ' s Inability to obtain stool
r°,pa, from the mills , but that ho had been informed by a local "_
manufacturer that thin was not the cane . Counc i..lman Vincent: asked "" "
for. an explanation of this .i.uuuo. Mr. f.la-ose stated he lead checked
into this issue and had learned there wore other factors involved.
Mr. BBrono requested that Mr. Bill Cr•ul. .l. from J .C . industries, ,
Project Coordinator, and Mr . Bunnell Sill , from Boyd, Brown, Stud() `"
F + and Cambern, Project Engineer, respond to this question.
Mr. Crull stated that the steel fabricator had followed the? "``:zj
ist,
standards for steel fabricators, but that normally the forty to
forty-five days would have begun once the manufacturer received the ' '
approved plans and drawings . Mr. Crull stated that the '�'
manufacturer could not get the steel in the timoframe the
contractor needed.
Councilman Vincent stated that it appeared that the contractor had
not allowed enough time for this work to be done. Mr. Crull stated '_
} that the time constraints has been so stringent that there was no E;..:
allowance for any mistakes or for any errors . Mr. Crull informed
, the Council that the local manufacturer who had written the letter
to the Council had not bid on the project.
Councilman Vincent stated he understood this, but that the
contractor had bid the project knowing the time constraints, the
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Council had accepted the bid on good faith and that the Council ""
s' , should hold the contractor to their bid k,
' ; Councilman Scheulen questioned the practice of some contractors to =*:>>°
--„z bid a project, knowing they cannot complete the project as ;`- ;
specified, and then the use of legal approaches to change and amend .1
the contract to fit their needs . Councilman Scheulen stated that a
if he had knowledge that a contractor had knowingly acted in this ;w4
' . manner, that he would recommend they not be allowed to work for the '4
tra City again. -i_ ``
Councilman t'ordon stated that he was aware of some firms that did -`g
not bid the project because of the time constraints of the bid and
he felt the City might have missed some competitive bids due to the
time factor. Councilman Gordon stated that he felt the City had
is
been short changed with this deadline and that they should hold the ,,
contractor to his contract. A '
Councilman ttaake stated that the contract had been signed with the : '1"
dead.liners and dates in the contract and that the contractor. had
boon aware of there) factors when the contract was agreed to. ; .;=
Councilman Ii.atake rst.atoct that contractor should be held to the dates
of the contract .
' Councilman Feldman expressed his concurrence with the other ;_
comments that had boon made and that, ht: believed the City had boon
treated sshabbil.y in this 'affair, and wore in a my -win 'situation. ..,,
Councilman 11.11 sey Stated he intended to vote for Alternate 01 and
then instruct Marty amass and City Counselor- All.on Garner to hold
the contract.or, to thsa contract.
Councilman Vincent move acceptance of Alternate #1 . Councilman
Halsey Seconded the motion.
Councilman Voile asked Mr. llroso to investigate the possibility of
. spending the monies acquired via the penalty clause to pay for
shuttle services to other parking facilities, possibly the State
parking garage.
Councilman Owens questioned Mr. Brose as to the wishes of the
downtown merchants . Mr. Brose stated that the merchants did not
want Alternate #1, because they wanted as much parking as possible
for the Christmas shopping season.
Councilman Mason stated he concurred with the comments that had
been made and felt that the Council had no alternative but to go
with Alternate #1 . Councilman Mason stated that the Council would
have to find some other means of assisting the downtown merchants .
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390
REGULAR COUNCIL MEETING, OCTOBER 1, 1990
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After further discussion as to the effect this might have on the !i
downtown merchants, Councilman Mason called for the question.
Councilman Halsey seconded the call and it was approved. A voice !;
vote on the motion to accept Alternate #1 proved inconclusive and t;
Mayor Gardner requested a roll call vote. The motion was approved
by the following vote:
Aye: Gordon, Haake, Halsey, Mason, Scheueln, Veils, Vincent
and Woodman.
Nay: Feldman and Owens.
ADJOURN:
As there was no further business to come before the Council,
Councilman Gordon moved the meeting be adjourned. Councilman
Halsey seconded the motion and it was approved.
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