HomeMy Public PortalAbout19930607 100
REGULAR COUNCIL MEETING, JUNE 7, 1993
The Regular Council Meeting of June 7, 1993, was called to order at 7:50 P.M. with i 4
Mayor Louise Gardner presiding.
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Prayer was offered by Councilman Bernskoetter followed by the Pledge of Allegiance.
The following Council Members were present:
Present: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,
1 Nilges
Absent: Wrigley
} A quorum was declared present.
} PRESENTATIONS FROM THE GALLERY:
Lucy Sjoblom, 1307 Moreland Drive, Chairman of the Environmental Quality
Commission appeared before the Council to request approval of Bills 93-27 and 93-28.
Linda Landon, 611 Bolridge Drive, President of the River Bluffs Audubon Society,
Jefferson City Chapter,appeared before the Council to request approval of Bills 93-27
and 93-28.
Mark Towner, 826 Cari Ann Drive, Vice-President of Towner Communications,
appeared before the Council to oppose Bill 93-21 on the grounds that the proposed
Centrex service was not competitively bid. Councilman Halsey suggested that a
Council work session be hold to discuss this complex issue and and to address Mr. �1
Towner's concerns. City Administrator Dave Johnston agreed to prepare a written
report, responding to Mr. Townor's comments, for the next Council meeting.
Councilman Nilges requested a seven-year projection for both United Telephone and
; Towner Communication proposals.
1 George Drake,300 Kent Street,employed by United Telephone Company,appeared
before the Council to respond to some of the comments made by Mr. Mark Towner.
Police Chief Gary Kempker appeared before the Council to present an appreciation
11 award to Mr. and Mrs. Gary Phillips, owners of Marvic Roller Rink, for their
!; participation in the DARE Program.
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REGULAR COUNCIL MEETING, JUNE '7, 1993
CONSENT AGENDA:
The Consent Agenda consisted of the following items:
a) Council Minutes of May 17, 1993
Special Council Meeting Minutes of May 24, 1993
b) Approval of the following bids:
Bid 1396 - Water Pipe and Accessories, Public Works to KC Winwater
Works, Columbia, MO
Bid 1397 - Fire Rescue Pumpers, Fire Department to Pierce
Manufacturing, Appleton, WI
Bid 1398 - Mulberry/Dunklin Street Stormwater Project, Public Works
to J. C. Industries, Inc., Jefferson City, MO
Bid 1403 - Hyde Park Brush Grinding Project, Public Works to Henley
Land Management, Inc., Pleasant Hill, MO
Bid 1404 - Recycling Newsprint, Planning &Code Enforcement to MRS
Company, Jefferson City, MO
c) Appointments to Boards and Commissions:
Parks and Recreation Commission
Kay Toft, reappointment, term expires 8/96
Brad Hutchison, reappointment, term expires 6/98
Eugene Bushmann, reappointment, term expires 8/96
Historic Preservation Commission
Chip Buckner, reappointment, term expires 12/95
Fire Pension Board
Charles Pierce, replaces Michael O'Rourke (deceased), term to expire
8/95
Planning & Zoning Commission
Ken Kuster, reappointment, term expires 5/97
Janice McMillan, reappointment, term expires 5/97
Larry Kolb, reappointment as alternate, term expires 5/97
USS Jefferson City Submarine Committee a
Jim Haake, term expires 4/96 t}
E Cable Quality Commission
Donna White, replaces Bob Hyder, term expires 6/96 1
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REGULAR COUNCIL MEETING, JUNE 7, 1993
d) Renew heating, air conditioning and refrigeration service agreement
with Harold G. Butzer, Inc.
e) Renew lease with Missouri Dept. of Conservation for property
located at the Jefferson City Memorial Airport.
Councilman Nilges requested that Bid 1397 be tabled until next Council meeting. He
would like a recommendation from the First Responder Committee.
Councilman Byrd moved for approval of the Consent Agenda items with the
exception of Bid 1397, second by Councilman Benton and approved.
Councilman Bertel reported that the Appointment Review Committee met and
3 approved the above appointments and had not approved the appointments to the Fire
Personnel Board and the First Responder Committee due to debate. Mayor Gardner
{= pointed out to the City Clerk that the Fire Personnel Board and the First Responder
} Committee appointments were erroneously left off the agenda.
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MINUTES/REPORTS RECEIVED AND FILED:
Mayor Gardner announced the following minutes/roports had been received and were
on file in the office of the City Clerk.
Solid Waste Committee 4/8/93; Thomas Jefferson Library Board 4/20/93;
!j Environmental Quality Commission 4/29/93; Public Works & Planning Committee
8/6/93; Board of Adjustment '8/11/93; Planning & Zoning Commission 6/13/93;
Electrical Examiners 6/21/93; Firefighter's Retirement System Board 5/27/93
ANNOUNCEMENTS BY MAYOR:
f Mayor Gardner distributed copies of the proposed Capital Improvement Budget
for 1998`97. The Capital Improvement Budget for 1993-97 will be presented for
Council approval at the June 21st Council meeting.
Mayor Gardner distributed copies of the Council liaison appointments to boards
and commissions and requested Council approval. Councilman Halsey asked to be
notified prior to public announcement of his appointment. Councilman Bernakoetter
requested that he be replaced on the Board of Adjustment due to not being able to
attend morning meetings. After discussion, Councilman Halsey moved to table the
appointments until Council has had an opportunity to review the Mayor's
recommendations, second by Councilman Green and approved.
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REGULAR COUNCIL MEETING, JUNE 7, 1998
Mayor Gardner distributed copies of the Directory of Boards and Commission for
City of Jefferson, revised June, 1993, to Council members.
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Mayor Gardner asked for approval of the Council Meeting Schedule which was
distributed to Council members in the packet. Councilman Bertel moved for approval
of the Council Meeting Schedule, second by Councilman Bernskoetter and approved.
Mayor Gardner announced that a Council photo session is scheduled prior to the July
19th Council meeting and asked that the City Clerk send a reminder to Council
I members.
BILLS INTRODUCED:
BILL 93-30, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
A CERTAIN EASEMENT FOR STORMWATER DRAINAGE PURPOSES ON
PROPERTY LOCATED ON MISSOURI BOULEVARD AND DIX ROAD.
BILL 93-31, sponsored by Councilman Haako, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
A CERTAIN SANITARY SEWER EASEMENT ON PROPERTY LOCATED AT
STADIUM BOULEVARD AND JEFFERSON STREET.
BILL 93-32, sponsored by Councilman Haako, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C.
INDUSTRIES, INC. FOR THE MULBERRY STREET AND DUNKLIN STREET
STORMWATER PROJECT.
BILL 93.33, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF EL MERCADO PLAZA, A SUBDIVISION OF THE
CITY OF JEFFERSON.
BILL 93-34, sponsored by Councilman Bernskoetter, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MRS
COMPANY FOR THE COLLECTION AND RECYCLING OF NEWSPAPER.
BILL 93-35, sponsored by Councilman Byrd, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO M'
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REGULAR COUNCIL MEETING, JUNE 7, 1998
PURCHASE EQUIPMENT FOR THE GENERAL PUBLIC TRANSPORTATION If
PROJECT TO BE FUNDED UNDER SECTION 3 OF THE FEDERAL TRANSIT
ACT, AS AMENDED.
BILL 93-36, sponsored by Councilman Bernskoetter, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HENLEY II
LAND MANAGEMENT INC. FOR THE COMPOST SITE BRUSH GRINDING
PROJECT.
Councilman Bernskoetter requested suspension of the rules for Bill 93-36 so that
Henley Land Management Inc. can begin the brush grinding at the compost site as
scheduled. There were no objections. Bill 93-36 was read third time by title, placed
on final passage and passed by the following vote as Ordinance 11915:
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and
Nilges
Nay: None
BILL 93-37, sponsored by Councilman Byrd, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ;1
THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT AID AGREEMENT
ON BEHALF OF THE CITY WITH THE MISSOURI HIGHWAY AND
'i TRANSPORTATION COMMISSION TO FUND AIRPORT IMPROVEMENT
PROGRAM PROJECTS AT THE JEFFERSON CITY MEMORIAL AIRPORT.
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BILL 93-38, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 4,
ALCOHOLIC BEVERAGES, PERTAINING TO SUNDAY LIQUOR SALES AND 1
RELATED TOPICS. i
Councilman Nilges requested suspension of the rules for Bill 93-38 so that City �1
Sunday liquor licenses can be issued to retailers immediately as allowed by State law.
There were no objections. Bill 93-88 was read third time by title, placed on final
passage and passed by the following vote as Ordinance 11916:
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges
Nay; None
BILL 93-39, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PIERCE ff
MANUFACTURING FOR THE MANUFACTURE AND DELIVERY OF TWO
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REGULAR COUNCIL MEETING, JUNE 7, 1993
RESCUE PUMPERS.
Bills 93-30 through 93-39 were read first and second time by title and ordered
distributed to members of the Council.
BILLS PENDING:
BILL 93-18, sponsored by Councilmen Haake and Benton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ELIMINATING THE
APPOINTMENTS REVIEW COMMITTEE OF THE COUNCIL AS SET OUT IN
SECTIONS 2-46 AND 2-47.
Bill 93-18 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11906:
Aye: Benton, Bernskoetter, Byrd, Estes, Green, Haake, and Halsey
Nay: Berth! and Nilgos
BILL 93-19, sponsored by Councilman Byrd, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING REAL
PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A DEED,
Councilman Byrd requested that Bill 93-19 be placed on the Informal Calendar for
further review by City staff.
BILL 93-20, sponsored by Councilman Wrigley, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 7-
244.K OF CHAPTER 7 AS IT PERTAINS TO THE CABLE QUALITY COMMISSION.
Bill 93-20 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11907:
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges
Nay: None
BILL 93-21, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED
TELEPHONE COMPANY FOR CENTREX SERVICE.
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REGULAR COUNCIL MEETING, JUNE 7, 1993
Councilman Nilges requested that Bill 93-21 be placed on the Informal Calendar for
further review.
BILL 93-22, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
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CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE
J (PARKING PROHIBITED OF SECTION 19-401 BY ADDING A PORTION OF
MILLER STREE .
Bill 93-22 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11908:
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges
Nay: None
1 j BILL 93.23, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI BY AMENDING SCHEDULE
G (STOP INTERSECTIONS) OF SECTION 19-401 BY ADDING ORCHARD LANE
AT WESTERN AIR DRIVE.
Bill 93-23 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11909:
Aye: Benton, Bornskoottor, Hertel, Byrd, Estes, Green, Haako, Halsey and
Nilges
Nay: None
BILL 93-24, sponsored by Councilman Haako, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
„ CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE
I H D IDRI JEOF SECTION 19-401 BY ADDING HIBERNIA ROAD AT
WE
Bill 93-24 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11910;
I Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges
Nay: None
BILL 93-26, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE II I
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE ;
J (PARKING PROHIBITED) OF SECTION 19-401 BY REVISING THE NO
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REGULAR COUNCIL MEETING, JUNE 7, 1998
PARKING ZONES ON TANNER BRIDGE ROAD.
Bill 93-25 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 11911:
Aye: Benton, Bernskaetter, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges
Nay: None
BILL 93-27, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 35-
81 OF CHAPTER 35 BY THE ADDITION OF A NEW SECTION (D) AS IT
PERTAINS TO NON-CONFORMING USES.
Bill 93-27 was read third time by title. Councilman Green read a report from Acting
Planning & Code Enforcement Director Dick Preston addressing the issue of City
parking lots in non-compliance of the tree planting requirement in the Code.
Councilman Nilges moved to amend Bill 93.27 by changing Section 35.81,subsection
D to read:
D. Non-Conforming Off-Street Parking Lot. An off-street parking
lot which contains more than 20 spaces and which lawfully existed prior
to November 21, 1972, but which does not conform to the landscape
planting requirements of this chapter is non-conforming. The structures
' served by the lot shall not be enlarged nor structurally altered nor shall
any new structure be located on the premises until: (1) the non-
conforming lot conforms to the landscape requirements, or (2) an
amount equal to testy-pereent not less than ten percent (10%) of
the costs of the proposed building improvements has been expended
directly toward the installation of the trees needed to meet the
landscape requirement. If the property owner can prove that these
minimum planting requirements would cause an unusual economic
hardship the requirements may be varied by the Board of Adjustment.
A variance, if granted, shall be limited to the minimum variance
necessary to resolve, in whole or in part, the particular problem of the
applicant.
Second by Councilman Green and approved.
Bill 93-27, as amended, was placed on final passage and passed by the following
IlI; vote as Ordinance 11912:
1' Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, and Halsey
Nay: Haake and Nilges
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REGULAR COUNCIL MEETING, JUNE 7, 1998
BILL 93-28, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 36-
1 64.A.9 OF CHAPTER 35 AS IT PERTAINS TO LANDSCAPE PLANTING
t; REQUIREMENTS.
11 Bill 93-28 was read third time by title. Councilman Nilges moved to amend Bill 93-
j 28 by changing Section 35-64.A.9.g.1 to read as follows:
g. Maintenance and Enforcement Required.
1. Trees and shrubs shall be maintained in good
condition and replaced where necessary to ensure
the continuation of the planting or landscape plan as
approved. Upon failure to do so, the Director of
Planning shall have the power to prohibit parking
until maintenance or replacement is completed
provided that at least 45 days has elapsed
since the notice of violation was sent.
Councilman Nilges further moved to amend Bill 93-28 by changing Section 35-
64.A.9.g.2 to read as follows:
2. The landscape plantings shall be considered as an
element of a project in the same manner as paved
1i parking, building construction and materials, storm
1 water drainage, and other elements. A Building
Permit shall not be issued prior to the approval of
the planting plan, [ '
approval] except a Building Permit for only the
footings and foundations of a structure may be
issued prior to the approval of the planting
plan,provided however,no parking lot paving
shall be accomplished under said footing and
foundation permit and, further provided, all
plantings called for in the approved planting
plan shall be installed prior to the issuance of a final
Certificate of Occupancy. If, at the time of the
request for the certificate the plantings cannot be
installed or would be jeopardized by weather, an
instrument signed by the owner specifying the
materials will be installed in the next planting
season may be accepted to allow the issuance of a
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REGULAR COUNCIL MEETING, JUNE 7, 1993
temporary Certificate of Occupancy.
Second by Councilman Bertel and approved.
Bill 93-28, as amended, was placed on final passage and passed by the following
vote as Ordinance 11913:
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and
Nilges
Nay: None
BILL 93-29, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON,MISSOURI BY AMENDING SECTION 35-3
AND 35-20 OF CHAPTER 35 AS IT PERTAINS TO RECYCLING.
Aye: Benton, Bernskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, and
Nilges
Nay: None
RESOLUTIONS:
II Councilman Nilges moved to approve Resolution RS93.8 pledging support for the
proposed Blair Family Center and the City's intention to commit$200,000 toward the
construction of the County's juvenile attention center, second by Councilman Halsey.
Councilman Bernskoetter asked for assurance from the County Commission, or
whoever is responsible, that adequate insurance coverage is provided for the new
facility. Councilman Halsey reported that the County had a governing board that
oversees the operation of the juvenile attention center. Councilman Green reported
that he had reviewed the plans and specifications for the new juvenile attention
center with the contractor and found that the plans were not extravagant. He further
stated that the high cost per square foot was due to State and Federal regulations for
this type of facility.
Councilman Haake moved to approve Resolution 11893 9 authorizing the City to
accept from the City of St. Joseph, Mo. the Federal interest in two 1985 Bluebird
Buses, second by Councilman Halsey and approved.
UNFINISHED BUSINESS:
jvlosauito Control
Councilman Bertel requested that north Jefferson City be treated for mosquito control
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due to large amount of rainfall and standing water.
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REGULAR COUNCIL MEETING, JUNE 7, 1993
! Councilman Bernskoetter moved that the compost site be closed to the public from
June 18 to June 25, inclusive, and reopen. on June 26 under the auspices of Green
Horizons with City staff to make appropriate press releases to notify the public of the
closing, reopening and hours of operation. Second by Councilman Green and
approved.
Miller Street Facility
Councilman Halsey asked that the City's property on Miller Street be inspected for
unsightly conditions and exposed equipment.
Weeds,
Councilman Halsey asked that City crews responsible for cutting weeds service both
the front and back of lots.
Unsightly Buildings
? Councilman Halsey asked that the closed service station on Cherry Street and a
building on Moreau Drive be inspected for possible Code violations and pursue their
removal or renovation.
Moreau Drive.
Councilman Halsey asked that the a mooting be sot up with residents of Moreau
Drive who have requested that the deteriorated sidewalks and curbs be replaced.
Councilman Halsey asked the status of the education project for the grocery store
regulation ordinance that was passed recently. Charles Lansford reported that City
Community Sanitation staff had met with Lincoln University stafl'and had jointly set
goals for the implementation and education of the grocery store ordinance.
City Manag n ont Organi ation
Councilman Halsey recognized City Administrator Dave Johnston who recently was
t elected President of the Missouri City Management Association.
?! Missouri Police Chiefs Association,
Mayor Gardner recognized Chief Gary Kempker who is currently serving as President
of the Missouri Police Chiefs Association.
ouattere in Vacant Buildings
Councilman Haake asked Chief Kempker to investigate unauthorized people living
in vacant buildings in the 1100 block of St. Mary's Blvd. Councilman Halsey asked
the same for property located on Chestnut Street.
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REGULAR COUNCIL MEETING, JUNE 7, 1998
! NEW BUSINESS:
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' Ple�nning and Zoning Commission Alternate 1'
Councilman Green nominated Councilman Nilges for the Planning and Zoning
Commission alternate Council liaison. Second by Councilman Halsey and approved. !
County Board of Equalization ?'
Mayor Gardner announced that two representatives from the City were needed to
it serve on the County Board of Equalization. Councilman Benton nominated Bette
1 Wordelman, City Finance Director and Jim Jenkins from the Housing Authority.
Second by Councilman Byrd and approved. Councilman Halsey moved for both
individuals to serve on the Cole County and Callaway County Boards of Equalization.
Second by Councilman Green and approved.
APPROVAL OF EXECUTIVE SESSION MINUTES: !+
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Councilman Green moved for approval of the Executive Session minutes of June 7,
1993, second by Councilman Halsey and approved.
Councilman Benton asked what procedure was used to post action taken in executive
sessions. City Counselor Allen Garner stated that action taken in executive session
in required to be posted within 72 hours indicating the person making the motion, the
. motion made, the second to the motion, and the vote recorded by person, with the
exception of pending real estate negotiations and pending litigation which are posted
after the transaction or case is finalized.
EXECUTIVE SESSION: `
Councilman Green moved for Council to go into Executive Session to discuss
. personnel and real estate. Second by Councilman Bornskoetter and approved by the
following roll call vote:
Aye; Benton, Bernskoettor, Bertel, Byrd, Estes, Green, Haake, Halsey and
Nilges If
Nay: None is
i ADJOURN: "
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j There being no further business to come before Council, meeting adjourned at ;;
1: approximately 10:30 p.m.
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ACTION TAKEN IN EXECUTIVE SESSION:
City Administrator Dave Johnston was awarded a $500 annual bonus. Vote was 8
ii to 1 with Councilman Benton voting nay. ii
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