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HomeMy Public PortalAbout19940321 280 REGULAR COUNCIL MEETING, MARCH 21, 1994 �v:✓:�Yr>;:^x<.Yr mss"•-'�•'s�<H x;9rrrr;'rr.�e;;?;x?.�n .,,;yi; ,N" '9:{'�'�t�'a� }.4rY..}�f:Y;n..4i.'_F.irK:3:�iJ:_�f::;',i�$.S%ft �.X••.<e g3< S:Lt•�..•.F?y: ' oyrk`• t WRITE;, l $#;Y•!frT,.. {j;! f.t t:..;;$:.•'••.;.:.i::?Sf�..... �<�t.J } t T :` ..s..:,..... G C .lY' '{.i. . ON YSJYh �ir~r:r�.JY::�ih{Y�•'/r'iiY�>r}}:iy{i::x'i}:nor:r.•rv::r..Y,:i..:•}r}i}}Y:YSY}ii}i:}iiSYY}iiY::r.•.rr..:n:S:rYS.Si:•.}}Sr::.ii>f}::L� hY�rir }rrn:}YS.,Sr$$Y$$S�' i The Regular Council Meeting of March 21, 1994, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Bill Byrd, followed by the Pledge of Allegiance. .F"'. ;e; x tssv: ,.,M1.AY.µ •„ .,, «rarw. +,y e:' :� w. ,r.,; � t, i >• ,,yy ««��,,.. r:?;%:iS,:a`:Y�\:`."-�'cr: :.s{:.',".t.'•f.•:.Ft.':h�:.^,.rQ:z�4f:>':}.'.t,k''.?'>>.`>ti„?M3.:fi•fi', ::f lt:c:�r.a-•'# y. ;; C? '<�<.S<S�f: ,.�.n `:r,:, 1•. rrv.:.. .,.r::-..<'� ,.:<%.:Y....c.<,y.}. k,�:. 2: :.3.. o .� ..n....i`�t}-t$:;%r.Y.t X+;a:. :::2` .r.cv.. ...Y:` ..$i,;.�S,.a;...:�t;.,i:'fit.:2.:;•.'{},{•.. ::.<.� +3�>” j„'Y� .<q 2Y<..'�x'.. >: a.},:YK..::.:,:...i7i`�>::.;,.a'{::.a::o::::?.:;�:�:{iQ: .:5::..:...:.r,.x..>{,•,t;r4:S,,:.Y....,,}�,`i'<•�%<�.:< ';,a.fi,,f�f,` a `���>, 1 } ..R''.i�.•,� .?.v:>yiw;a5.::.:.Ti.Nw:;£i?.:4:xa.t .i o<�.:i?,t :}:��.3 «c i,'.•S;r,.:x t t• .:t ' {{+,�,}n`, �.Ec ... - 2. .t::.. l�.t..ik!/.S.{\i9:4:C:.t{,.>•.f,i(ynr,{v.li��if. {.Sj .. .. `{� �1 The following Council Members were present for roll call: i Present: Benton, Bernskoetter, Bertei, Byrd, Estes-Benward, Green, Haake, Halsey, Nilges, Wrigley t Absent: None A quorum was declared present, y.,w ... . .. .. ..................... r .< � X M{f$�, at�,i ti #„s6r{��+L(,Y f �XG sk�try'MXt a. "HE:' LL '.:. r z. z°,. c� � a. �k`.rr< . Councilman Byrd stated that a group of persons representing the Washington Park Ice Arena Figure Skating Competition Team and Ice Arena Staff, and requested that j Resolution RS93-39 be considered out of order at this time. There were no obJoctions to Councilman Byrd's request. Councilman Byrd moved for adoption of RS93-39, second by Councilman Bertel, and approved unanimously, Mayor Gardner presented RS93-39 to the representatives and offered her congratulations on behalf of the Mayor and City Council. j((yy���� {rR�jJ] _ y ',YS.� !S^ 2i . .. i4kM.'d.^ O 3 ..1...4rL.-�r� bw r .,b,r.. �a: .. ,._ .> .......$�:xz°��i..:�.�`.?i Jk9',.'?a'Y`' '•fit.” ` The Consent Agenda consisted of the following items: a Council Minutes of March 7, 1994 b Bid 1457 Highway 54 Sewer Repair Project, Public Works c Bid 1461 - Long Distance Telephone Service -All City 3 d) Appointments: Probationary Data Processing and Telecommunications Operators: Camille Butcher Councilman Wrigley moved to approve the Consent Agenda, second by Councilman Green, and approved. 281 REGULAR COUNCIL MEETING, MARCH 219 1994 Appointments to Missouri River Regional Library Board: (Term end to be determined by new board) Mozelle Bielski Sid Dulle Larry Rushing Johnny Richardson Mayor Gardner stated that she was requesting the Council to approve her appointments to the Library Board without the customary two-week waiting period so that the appointments would coincide with the reconstruction of the board and its upcoming activities. Councilman Benton stated that Ms. Bielski's address had changed and requested that the City's records be change to reflect that. Councilman Benton then moved for approval of the appointments to the Library Board, second by Councilman Bertel, and approved. Appointments to Cable Quality Commission: Donna White, term to end 6-96 Councilman Nilges stated he was uncomfortable approving Ms. White's appointment based on her Intention to run for Council again in the future, thus necessitating her resignation from the Cable Quality Commission once again. Councilman Halsey stated he also did not support the appointment because Ms. White is a Republican who had run against Councilman Green In the primaries. Mayor Gardner reminded Council that she does not ask political affiliation for any board or commission except for the Police Personnel Board. She stated she would not ask for approval of this appointment tonight, but would ask that it be reconsidered at the next Council meeting. Councilman Nilges asked to be able to bring to the Council's attention a piece of correspondence which was addressed to the Mayor and included in the Council packet. Mayor Gardner stated It would be appropriate to address Mr. Nllges's concern at this time In the meeting. Councilman Nilges mentioned a letter addressed to Mayor Gardner from Senator Lary Rohrbach regarding her letter In opposition to SB 711, Public Employee Collective Bargaining. City Administrator Dave Johnston stated that the stance on collective bargaining was an Issue the Missouri Municipal League has op sod, and that the letter to Senator Rohrbach was written by himself, and that the letter should have been copied to the Council. Councilman Nilges asked that In the future if any stance is taken by the City, the Council should at least be allowed the courtesy of being informed what position they are going to take on an issue. City Administrator Dave Johnston agreed with Councilman Nilges. MClo,r Gardner brought to the Council's attention the copy of the letter from city officials in Japan, regarding their gifts to Jefferson City during the flood of 1993. `j 3 282 REGULAR COUNCIL MEETING MARCH 21, 1994 Bid 1445 -Jet Sewer Cleaner, Public Works City Administrator Dave Johnston stated that he wished to withdraw Bid 1445 due to the fact that the information pertaining to this bid had not yet been provided to members of the Council. jf Mayor Gardner stated that the following minutes and reports have been received, and !� are on file In the City Clerk's office: Parks & Recreation Commission, 2-14-94; Parks & Recreation Activities Committee, 3-1-94; Ad Hoc Golf Improvement Advisory Committee, 3-3-94; Public Works & Planning Committee, 2-24-94; Finance Report for February, 1994; 'a","N'T'n, 0,411 Bill la-M, 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 A, (SECE12 it LJMIJ ) SUBSECTION (G) (DNENIY MILE§j PER HOUR) OF SECTION 19-401 BY I THE DELETION OF REFERENCE TO MONROE STREET FROM EAST MCCARTY TO THE EXPRESSWAY. 8111 Qa-jzz, sponsored by Councilman Haake, entitled: it AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND THE GROUND LEASE AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL AT THE 1f JEFFERSON CITY MEMORIAL AIRPORT. Bill la- M, sponsored by Councilman Haake, 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 SECTION 18(l) GRANT FOR INTER-CITY BUS SERVICE. Bill RA-M, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUCHER, WILLIS, AND RATLIFF FOR PROFESSIONAL SERVICES FOR IMPROVEMENTS AT THE JEFFERSON CITY MEMORIAL AIRPORT. 283 REGULAR COUNCIL MEETING, MARCH 21, 1994 11 Bill, sponsored by Councilman Haake, 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 DEPARTMENT FOR EASTLAND INTERCHANGE SANITARY SEWER RELOCATION. Bill,93,,.81, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY OF A PORTION OF SCHUMATE CHAPEL ROAD. Bill, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VISU-SEWER CLEAN AND SEAL, INC. FOR HIGHWAY 54 SEWER REPAIR PROJECT. alU,RIM, sponsored by Councilman Benton and Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE DEPARTMENT EXAMINATION AND SELECTION PROCEDURES. 11111.23-304, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A RIGHT OF FIRST REFUSAL WITH THE JEFFERSON CITY JAYCEES, Councilman Nilges requested that the rules be suspended and Bill 93-184 be placed on final passage, There were no objections to Councilman Nilges's request, Bill 93-184 was read second and third times by title, placed on final passage, and approved by the following vote as Ordinance 12039: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: None $llj,$3-I§, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LDDS/METROMEDIA FOR LONG DISTANCE TELEPHONE SERVICES. Councilmen Bemskoetter and Wrigley asked to be provided with documentation of long distance phone calls made by the City as to the majority of their locations. Councilman 284 REGULAR COUNCIL MEETING, MARCH 21, 1994 Bernskoetter moved to reconsider Bid 1461 that was previously approved on the Consent Agenda, second by Councilmen Benton, and approved. Councilman Wrigley moved to consider Bid 1461 at this time, second by Councilman Halsey. During the II vote, It became apparent that there was some misunderstanding as to what was being voted on. Mayor Gardner stated that the question needed to be clarified so Council members would understand what was being voted on. Councilman Wrigley then moved to table Bid 1461 until the next City Council meeting, second by Councilman Green, and approved. Hill 93-166, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHO-ME COACH LINES FOR INTER-CITY BUS SERVICE. is Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges H and Wrigley Nay: None Bill 23-IRZ, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE REPLAT OF PART OF BLOCK 19 OF WASHINGTON PARK ADDITION WITH ADJOINING PARCELS INCLUDED, A SUBDIVISION OF THE CITY OF JEFFERSON. 23-188, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF CREEK)/IEW SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill G&JR9, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL TRUST BANK FOR EQUIPMENT LEASE/PURCHASE. Bill 93:167, sponsored by Councilmen Benton and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON; PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING Ei 285 REGULAR COUNCIL MEETING, MARCH 21, 1994 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Councilman Wrigley left the Council Chambers before voting on 93-167 began. Efil 93-19T was read third time by title, placed on final passage and passed by the following vote as Ordinance 12040 : Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Hooke, Halsey, Nilges Nay: None Absent: Wrigley Bttt�g3 19_88, sponsored by Councilman Hooke, 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 CAPITOL IMPROVEMENTS TO WEST MAIN STREET. Councilman Hooke moved to amend Bill 93-169 by adding "and the initial amount of the contract shall be $1,117,315.15" to Section 1, and by the addition of standard language for contract ordinances to Section 2 which was omitted from the originally introduced bill. Motion to amend was second by Councilman Green, and approved. Bill la,•„jfd was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12041: Aye: Benton, Bernskoetter, Bertei, Byrd, Estes, Green, Hooke, Halsey, Nilges Nay: None Absent: Wrigley Bill.8a:1BS, sponsored by Councilmen Bernskoetter and Estes-Benward, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH LAIDLAW WASTE SYSTEMS, INC., FOR COMMUNITY TRASH SERVICES, Several of the Council members expressed their pride in the way this issue had been negotiated by Councilman Bernskoetter, staff member Charles Lansford and the entire committee that worked on this project, and subsequently presented to the Council and the citizens at a substantial reduction in rates. Councilman Benton moved to amend Bill 93-169 by changing from twice a week to once a week trash pickup, and that all prices be changed to reflect that change. The motion died for lack of a second. 286 REGULAR COUNCIL MEETING, MARCH 219 1994 ji Bill 93-169 was read third time by title, placed on final passage and passed by the I following vote as Ordinance 12042: i Aye: Benton, Bemskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges t Nay: None Absent: Wrigley ,e �! sponsored by Councilmen Haake and Bartel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING EXECUTION OF DOCUMENTS TO OBTAIN THE PROPERTY FROM HOUSING �) AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN CITY PROPERTY SURPLUS AND DIRECTING THE TRANSFER OF PROPERTY TO iI THE LOCAL CHAPTER OF HABITAT FOR HUMANITY. i Bill 93-170 was read third time by title, placed on final passage and passed by the ( following vote as Ordinance 12043 : Aye: Benton, Berskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges Nay: None Absent: Wrigley I' I piu,$3-j7,, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION UPON THE ISSUE OF ALLOWING LICENSING OF EXCURSION GAMBLING BOATS AND FLOATING FACILITIES IN THE CITY. Councilman Wrigley returned to the Council Chambers at this time. s Councilman Halsey reiterated his position of opposition to riverboat gambling in the j; City for both social and economic reasons. After a lengthy discussion of the Issue, Bill ; f 93-171 was read third time by title, placed on final passage, and defeated by the I following vote: �1 4 Aye: Halsey Nay: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Nilges and Wrigley Bill 93-173, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING SECTION 2-354(L) OF f I 287 REGULAR COUNCIL MEETING, MARCH 21, 1994 CHAPTER 2 PERTAINING TO BUDGET ADJUSTMENT REPORTING REQUIREMENTS. Councilman Nilges requested that Bill 93-173 be placed on the Informal Calendar 1511 93- , sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A POSITION CLASSIFICATION AND PAY PLAN STUDY. Councilman Nilges moved to amend Bill 93-174 by inserting the name of the recommended contractor and the terms of the contract as stated in Sections 1 and 2 of the amended bill as distributed to Council. Motion was seconded by Councilman Green, and approved. Bill 93-174 was read third time by title, placed on final passage and passed, as ;! amended, by the following vote as Ordinance 12444 : i Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: None 1111 ;A, sponsored by Councilmen Haake and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF COLORADO STREET EXTENDING BETWEEN MYRTLE AVENUE AND PIKE STREET. Councilman Haake moved to amend Bill 93-175 by changing the legal description, and also changing Section 2 as outlined In the amendment distributed to members of Council. Motion was second by Councilman Wrigley, and approved. Bill 93-175 was read third time by title, placed on final passage and passed, as amended' by the following vote as Ordinance 12045 : Aye: Benton, Bemskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: None i 'j .t i7 3' fi 1 Rj 288 REGULAR COUNCIL MEETING, MARCH 21j 1994 93-JAZ, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION UPON THE ISSUE OF PERMITTING LOTTERIES, GIFT ENTERPRISES, AND OTHER GAMBLING GAMES ON RIVERBOATS AND WATER-BASED FACILITIES IN THE CITY. Councilman Halsey requested that Bill 93-157 remain on the Informal Calendar. f' Councilman Halsey then requested that Bill 93-157 remain on the Informal Calendar. Bill,$3 sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF LANGUAGE TO CHAPTER 2, SECTIONS 246, REGULAR OR STANDING COMMITTEES, 2-47, DUTIES OF COMMITTEES, AND 2-72, ROBERT'S RULES OF ORDER, TO PROVIDE FOR A STANDING PARLIAMENTARY COMMITTEE OF THE COUNCIL AND ESTABLISHING ITS DUTIES. Councilman Wrigley requested that Bill 93-158 remain on the Informal Calendar. Bill BUD, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE I SECTION 33-3 OF CHAPTER 33 AS IT PERTAINS TO USE OF UNAPPROVED PLAT IN SALE OF LAND. Councilman Green requested that Bill 93-159 remain on the Informal Calendar. ji sponsored by Councilman Haake entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BLACK AND VEATCH FOR ENGINEERING SERVICES FOR THE FORCE MAINS UNDER THE MISSOURI RIVER. Councilman Haake requested that Bill 93-165 be removed from the Informal Calendar and considered at this time. Bill 93-165 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12048 REGULAR COUNCIL MEETING, MARCH 21, 1994 289 Aye: Benton, Bemskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: None .4,riYi%iir'r,.%l..n>::• ::Yr?M"r.1�y.U.'f;:h:fbY:S hiY.,M,.lh.'?Y :S,?i':Y.+:,>Yli:{Y,.:'V,..uK, : :pr!!,.•111,01,,.IhY{.:YY:t^%q� 1'.y?Y fr. rY •,rhF.,r,�(. f/.'s °�.1•?>';r3f r r� / s?�,: if,:Yi:f 5y;,>,...s ?'#•.;f n. .f��,.:r„i.......:.....................,.�:�:nr.:...l:,r;:.,..r,,..,.:Yr.:S.<Y,Y:•Y:•,:.,..:.wr Y,....:.r.. ..,r...,.:.`•:?wa:4:xoz,...::a:•'/..::,:.... >,:� .�/CGnwf RS93-40, sponsored by Councilman Haake, Establish Ad Hoc Charter Review Committee. The five Councilman who were present at the previous meeting explained that it was the consensus of the former Charter members that they did not wish the Mayor and any members of Council (except for Councilman Tom Benton, who was also a former Charter member) to serve on the ad hoc committee. Some of the Councilman expressed they took offense at the action at that meeting. After further discussion, Councilman Bemskoetter moved to adopt RS9340, second by Councilman Wrigley, and approved by the following roll-call vote: Aye: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Haake, and Wrigley Nay: Green, Halsey and Nilges RS93-41, sponsored by Councilman Haake, Resolution to Pave St. Mary's Blvd, Councilman Haake moved for adoption of RS93-41, second by Councilman Green, and approved. RS93-42, sponsored by Councilman Haake, Resolution to Pave Southridge Drive, Councilman Haake moved for adoption of RS93-42, second by Councilman Green, and approved. R$93-43, sponsored by Councilman Nilges and Bartel, Funding Support for Cale County Extension Council's New Extension Center. Councilman Niles moved for adoption of RS93�13, second by Councilman Haake, and approved, with Councilman Berskoetter abstaining, and Councilman Wrigley voting "Nay. RS93.44, sponsored by Councilman Byrd & Bartel, Amending City Americans With Disabilities Transition Plan to Include Parks & Recreation. Councilman Byrd moved for adoption of RS93-44, second by Councilman Green, and approved, RS9345, sponsored by Councilman Nilges, Selecting Underwriter S Authorizing Refunding Parking Revenue Bonds Issue. Councilman Nilges moved for adoption of RS93-05, second by Councilman Green, and approved. �y`^"�. '#!:kry: a..,pa..•,,.,..,y,..,.; r:,.cy.,_:::..::,,..r.•.<#si3?`%:rw%%S'fi,�.:''•3::�:'t>.'t}:ti:v.:;'':ri3S•:F r:;Y,tjn:jef;�r,t#,,,,k'%2Y :'#%'ds?/.,'�.''/5',•'F:'.r.`;:^':'.'.' /i4% 'rya. OW-01 3. n. 4�. ��{(� � .� ..� �S ���� e.. •. .. f. ,... ,fir : ,� Sk'..,. 1' Y ....+.. r•Y: .:.. .::. �:iC'r...,:vn.,.ut;? ::.w:.::..:�,.:,:.::,:£..•s•.•..y:.c.sc./.3n....t:fn.:..tafrf',•'T,:.wr:J.iti:��.'ra's.F.wa.^.•;..:G;<h' n Councilman Byrd referred to City Administrator Dave Johnston's Annual Report in reference to the reduction in parks and recreation. Councilman Byrd stated that he would like it stated that the Parks and Recreation department feels that reduction was due to the flood of 1993 and the effect it had on several Parks facilities. 290 REGULAR COUNCIL MEETING MARCH 21, 1994 WN W—T. Councilman Halsey stated he was disturbed that through the news media he learned of the concern of some department heads about the recent Issue surrounding City Counselor Allen Garner and certain flood buyout issues. He expressed his hope that a better method of Informing the Council of such matters than their learning It through the media, and that it would be preferable for them to be handled In-house rather than In the media. Councilman Halsey requested that part of the Issues be discussed in open meeting before going into Executive Session. Councilman Wrigley stated his concern that the Council was *on thin Ice" by even discussing any portion of this Issue in open session, and based on his experience In labor law, that he very strongly urged that this Issue be taken up In closed session. After further discussion, Mayor Gardner entertained a motion to go into Executive Session to discuss real estate as provided In RSMo 610.025(1), and to discuss personnel as provided In RSMo 610.025(3). Councilman Wrigley so moved, second by Councilman Haake. Councilman Green stated that he would like to discuss the computer acquisition details of this Issue In open meeting and felt the Council could stay on that specific topic. Councilman Bernskoetter did not feel that, based on prior experience with Council discussions, that would not happen. The motion was approved by the following vote at 9:10 P.M. Aye: Bernskoetter, Benton, Bartel, Byrd, Estes-Benward, Haake, Nilges and Wrigley Nay: Green and Halsey Mayor Gardner stated there would be a ton-minute recess before reconvening In Executive Session. 0 'MT'- X KTOW,M. "M 1=11 ,91" 1" :'44 PRESENT: Mayor Louise Gardner Councilman Jerry Green Councilman Tom Benton Councilman Jim Haake Councilman Dan Bernskoetter Councilman Randy Halsey Councilman Mary Bartel Councilman Rick Nilges Councilman Bill Byrd Councilman Chris Wrigley Councilman Mary Estes-Benward ABSENT: None 291 REGULAR COUNCIL MEETING, MARCH 21, 1994 STAFF PRESENT: City Administrator Dave Johnston City Counselor Allen Garner City Clerk Phyllis Powell The first item of business was real estate. Councilman Wrigley moved that the flood buyout form submitted to Council by City Counselor Allen Garner be utilized as the Informational method to the Council, that individual copies be given to Council members without any identifying names or addresses on them in a "Confidential" packet. Motion seconded by Councilman Halsey, and approved unanimously. CHY Counselor Allen Garner and City Clerk Phyllis Powell were excused from the meeting at this time. The annual performance review of City Counselor Allen Garner was conducted, and Mayor Gardner recommended no meritorious bonus. Motion was made by Councilman Benton to accept the recommendation, second by Councilman Bemskoetter, and failed by the following vote: Aye: Benton, Bernskoetter, Byrd, Wrigley Nay: Estes-Benward, Bartel, Green, Haske, Halsey, Nilges Councilman Nilges moved to reconsider the previous question, second by Councilman Estes-Benward, and motion passed with Councilman Bertei, Green and Halsey voting "Nay," and Councilman Benton absent. Councilman Nilges moved a substitute motion to accept, with reluctance, the Mayor's recommendation with City Administrator Dave Johnston to deliver the message to City Counselor Allen Gamer about his evaluation. Substitute motion was approved by a 6 to 3 vote, with Councilman Bartel, Green, and Halsey voting "Nay," and Councilman Benton being absent. The original motion as substituted was approved by a vote of b to 1, with Councilman Bertei voting "Nay," and Councilmen Benton, Bemskoetter, Halsey, and Green being absent. y The meeting was adjourned at 12:03 a.m, I f if tt ii