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REGULAR COUNCIL MEETING, MAY 2, 19 94
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The Regular Council Meeting of May 2, 1994, was called to order at 8:00 P.M. with
Mayor Louise Gardner presiding.
Prayer was offered by Rev. Walter Gilpin, followed by the Pledge of Allegiance.
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The following Council Members were present for roll call:
Present: Bamicie, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Nllges, Wrigley
Absent: Benton
A quorum was declared present.
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Mr. Dick Moore made a presentation regarding the establishment of Fire Department
examinations and selection procedures. Councilman Nilges stated his concerns with
the suggested method of selecting Fire Department personnel. Mayor Gardner
commended Mr. Moore and the Board for its work in the past several months towards
reaching its recommendations.
Brenda Scott, 1109 Darlene Drive, made a presentation regarding the civil defense
sirens and the method they are used during inclement weather. Councilman Green
read portions of a letter addressed to him by Police Chief Gary Kempker regarding this
topic. Chief Kempker answered questions regarding procedures followed for setting off
the sirens.
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The Consent Agenda consisted of the following items:
a Minutes of April 18, 1994, First Council Meeting
b Minutes of April 18, 1994, Second Council Meeting
C Bid 1469 - Oil & Grease - Public Works Department
d Bid 1471 - Print Paper, Film & Vellum - Public Works Department
e Appointments:
University Extension Council Jim Schwartzer, replacing Paul Dow
I whose term expired (term to end 2-96)
Police Department Lawrence C. Ooton, Probationary Police
Officer
322
REGULAR COUNCIL MEETING, MAY 20 1994
Councilman Byrd moved to adopt the Consent Agenda, seconded by Councilman
Green, and approved.
The following bids over $25,000 were submitted to the Council for its approval:
a) Bid 1448 - Street Sweeper, Public Works Department
Councilman Estes-Benward asked Public Works Director Marty Brose to explain why
the lowest bidder was not selected. After his explanation, Councilman moved for
approval of Bid 1448, seconded by Councilman Byrd, and approved.
V
Mayor Gardner stated she wished to present the following appointments to the Council
for their approval at the May 16, 1994, Council meeting:
Planning & Zoning Commission Beap-goldmont2:
Gary Duffy (term to end 5-98) - This is third term, requiring 213 approval
by Council
Tom Schwohn (term to end 6-96)
Larry Kolb (term to end 5-98) - Formerly served as Alternate
Don Connor (As Alternate, term to end 5-95)
Now Apoointment
Mike Berendzon (As Alternate, term to end 5-95)
Parke & Recreation Commission
Bill Case (term to end 5-97) - This Is third term, requiring 213 approval by
Council
Michael Couty (term to end 5-97) - Replaces Bob Haake whose term
expired
Phyllis Willibrand (term to end 6-97) - Replaces Bob Asel whose term
expired
Councilman Nllges stated he did not feel it was appropriate to appoint persons to third
terms when other citizens might be willing to serve. Councilman Byrd stated that when
a Board or Commission Is in the middle of an important project, it might be prudent to
appoint a person(s) to a third term so the project's completion would not be delayed.
i Councilman Byrd read a letter to the Council commending the Fire Department and
Police Department during the recent fire at the Central United Church of Christ.
Councilman Byrd also offered his personal thanks to those departments for a job well
done,
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Mayor Gardner distributed = of her recommendations for Council liaison
appointments to boards and
commissions. Councilman Wrigley asked that his name
be removed from consideration from the Cable Quality Commission and the Fire
323
REGULAR COUNCIL MEETING, MAY 2, 199 4
Pension Board. Councilman Haake moved to approve the recommendations of the
remaining appointments, seconded by Councilman Byrd, and approved. Mayor
Gardner asked that if any Council members were interested in serving on the Cable
Quality Commission or Fire Pension Board to contact her before the next Council
meeting.
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Bill 94-3a, sponsored by Councilman Green, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
BY REQUIRING SECURITY MEASURES AT CONVENIENCE STORES WITHIN THE
LIMITS OF THE CITY OF JEFFERSON, MISSOURI, IN ORDER TO PROVIDE FOR
THE PROTECTION OF BUSINESS PERSONNEL, BUSINESS CUSTOMERS AND
THE PUBLIC SAFETY AND WELFARE, PROVIDING PENALTIES FOR VIOLATORS
AND MATTERS RELATING THERETO.
1311194-1z, sponsored by Councilman Benton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE
DEPARTMENT EXAMINATION AND SELECTION PROCEDURES.
X11124.1 , sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A PARKING LEASE AGREEMENT
WITH UNITED TELEPHONE COMPANY OF KANSAS.
Bu124:3.$, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COMMAND WEB
OFFSET COMPANY FOR WASTEWATER TREATMENT.
Bill 94:20, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF MILLBROOK, SECTION 3, A SUBDIVISION OF THE
CITY OF JEFFERSON.
Bill 94-21, sponsored by Councilman Nilges & Bertel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF AN INDEPENDENT APPRAISAL
COMPANY FOR THE PURPOSES OF PROVIDING APPRAISAL SERVICES
RELATED TO THE FLOOD BUYOUT PROGRAM.
Councilman Bertel asked that the rules be suspended and Bill 94-21 placed on final
passage. Councilman Wrigley objected to the suspension of the rules; no other
Council Members objected.
Bill 94-21 was read second and third times by title, placed on final passage, and
passed by the following vote as Ordinance 12083:
324
REGULAR COUNCIL MEETING MAY 2, 1994
Aye: Bamicle, Bertel, Byrd, Estes, Green, Haake, Halsey, and Nilges
Nay: Wrigley
Bill 94:22, sponsored by Councilman Nilges & Bertel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRMS OF NICKOLAUS,
GREEN & BEETEM AND HENDREN AND ANDRAE FOR THE PURPOSES OF
ji PROVIDING LEGAL SERVICES RELATED TO THE FLOOD BUYOUT PROGRAM.
Bill 94-23, sponsored by Councilman Nilges & Bertel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF AN AGREEMENT WITH
GUARANTY LAND TITLE FOR THE PURPOSES OF PROVIDING SERVICES FOR
TITLE WORK ON PARCELS TO BE ACQUIRED THROUGH THE FLOOD BUYOUT
PROGRAM.
Councilman Bertel requested that the rules be suspended and Bill 94-23 placed on final
passage. Councilmen Wrigley and Haake objected to the suspension of the rules.
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Bill 84-24, sponsored by Councilman Byrd & Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR PEDESTRIAN
BICYCLE FACILITIES ON EDGEWOOD DRIVE,
sponsored by Councilman Byrd & Bertel, entitled-,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR PEDESTRIAN
BICYCLE FACILITIES THROUGH WASHINGTON PARK FROM OHIO STREET TO
KANSAS STREET.
Bill IN-28, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN URBAN AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR
IMPROVEMENTS TO TRUMAN BOULEVARD.
R1111$&Z, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN URBAN AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR
IMPROVEMENTS TO FAIRGROUNDS ROAD.
325
REGULAR COUNCIL MEETING, MAY 2, 1994
11111, 2,8, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN URBAN AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR
CONSTRUCTION AT THE INTERCHANGE AT EASTLAND DRIVE AND HIGHWAY
50.
11ill 2429, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE
11988, THE 1993-94 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY
CHANGING A POSITION PERTAINING TO THE PLANNING AND CODE
ENFORCEMENT DEPARTMENT WITHIN THE PERSONNEL SCHEDULING OF FULL
TIME POSITIONS.
Bill 24-aa, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE ALLEY RIGHT-OF-WAY FOR A PORTION OF BALD HILL ROAD.
Bill 24-33, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN COPPER RIDGE
SUBDIVISION.
1311124-32, sponsored by Councilman Nilges, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRMS OF JAMES M.
FISCHER, P.C., FOR THE PURPOSES OF PROVIDING LEGAL SERVICES
RELATED TO INTERVENTION IN THE CAPITAL CITY WATER COMPANY RATE
CASE.
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Bill 94-1, sponsored by Councilmen Benton, Bertel, Byrd, Estes-Benward, Green,
Nilges and Wrigley, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON CITY
PUBLIC HOUSING AUTHORITY AND COLE COUNTY FOR INCREASED POLICE
PROTECTION AT THE DULLE-HAMILTON TOWERS HOUSING FACILITY.
Bill 94-1 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12070:
Aye: Barnicle, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
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326
REGULAR COUNCIL MEETING, MAY 29 1994
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sponsored by Councilmen Benton, Bartel, Byrd, Estes-Benward, Green,
Nilges and Wrigley, entitled:
E AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1993-
i
94 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING
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1 ADDITIONAL FUNDS WITHIN THE GENERAL FUND. I y
:1 Bill 94-2 was read third time by title, placed on final passage and passed by the
!! following vote as Ordinance 12071:
i;
ii Aye: Bamicle, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges and !j
Wrigley
' Nay: None
I�
j 8Ltl.$4: , sponsored by Councilman Haake, entitled: ?�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 1
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI
ii HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT PROVIDING
CAPITAL FUNDING FOR A GENERAL PUBLIC TRANSPORTATION PROJECT
UNDER SECTION 18 OF THE FEDERAL TRANSIT ACT,
Bill 94-3 was read third time by title, placed on fined passage and passed by the j
!! following vote as Ordinance 12072:
Aye: Bamicle, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges and i(
it
Wrigley
Nay: None
ii
Bill sponsored by Councilman Haake, entitled:
i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
!f MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH GEORGE BUTLER AND ASSOCIATES FOR PROFESSIONAL SERVICES,
! Bill 94-4 was read third time by title, placed on final passage and passed by the
! following vote as Ordinance 12073: 4
Aye: Barnicle, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley ;
Nay: None
Bill 94-L sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE
IMPROVEMENT OF SOUTHRIDGE DR. FROM SUN MEADOW LANE TO MEADOW
LAKE DRIVE BY CURBING AND GUTTERING WITH PORTLAND CEMENT CONCRETE.
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327
REGULAR COUNCIL MEETING, MAY 21199
Bill 94-5 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12074:
Aye: Barnicie, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
131111124-8, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE
IMPROVEMENT OF ST. MARY'S BOULEVARD FROM GIPFERT LANE TO MICHIGAN
STREET BY CURBING AND GUTTERING WITH PORTLAND CEMENT CONCRETE.
Bill 94-6 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12075:
Aye: Barnicie, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
1111194-2, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMEN'r WITH WALKER
ASSOCIATES, INC., FOR 1094 AERIAL MAPPING PROJECT,
BIII 94-7 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12078:
Aye: Barnicie, Bertel, Byrd, Estes, Green, Haake, and Halsey
Nay: None
Bill R4 , sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SURFACE WATER DRAINAGE PURPOSES IN DEL
CERRO SUBDIVISION,
BIII 94-8 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12078:
Aye: Barnicie, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
Bill 9,4:9, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF GORDON STREET.
328
REGULAR COUNCIL MEETING, MAY 2v 1994
Bill 94-9 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12078:
Aye: Bamicle, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
sponsored by Councilman Nilges, entitled:
ti AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING if
ORDINANCE NO. 12030 AND AUTHORIZING A REVISED SUPPLEMENTAL
APPROPRIATION AND TRANSFER OF FUNDS WITHIN THE 1993-94 BUDGET FOR
THE FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION VOLUNTARY
ii i;
ACQUISITION PROGRAM.
Bill 94-10 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12079:
Aye: Barnicle, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
Hill 94-11, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
BROKER SERVICES,
Councilman Nilges moved to amend Bill 94-11 by inserting the amount $62,600 In
Section I to read *The agreement shall be for no 6�ter than the amount of $62,50 0.0
Motion to amend was seconded by Councilman Green, and approved.
Bill 94-11 was read third time by title, placed on final passage and passed, as
amended, by the following vote as Ordinance 12080:
it
Aye: Barnicle, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
Bill 94-12, sponsored by Councilman Halsey, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON,
MISSOURI, BY ENACTING ONE NEW SECTION PROHIBITING THE ABUSE OF
ANIMALS USED IN LAW ENFORCEMENT WITHIN THE CITY OF JEFFERSON,
MISSOURI, AND PROVIDING PENALTIES FOR VIOLATORS.
329
REGULAR COUNCIL MEETING, MAY 2j 1994
Bill 94-12 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12081:
Aye: Barnicle, Bertel, Byrd, Estes, Green, Haake, Halsey, and Nilges
Nay: Wrigley
4-,13, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
BUDGET REAPPROPRIATION FOR CONTRACTS IN PROCESS AND PURCHASE
ORDERS OUTSTANDING AT OCTOBER 31, 1993, AND TO REBUDGET REVENUES.
Bill 94-13 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12082:
Aye: Barnicle, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and
Wrigley
Nay: None
x„94,;J , 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.
After a lengthy discussion, Bill 94-14 was read third time by title, placed on final
passage and defeated by the following vote:
Aye: Barnicle and Halsey
Nay: Bertel, Byrd, Estes, Green, Haake, Nilges and Wrigley
19111 94JA, 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.
8111 94-15 was read third time by title, placed on final passage and defeated by the
following vote:
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Aye: Barnicle and Halsey
f Nay: Bertel, Byrd, Estes, Green, Haake, Nilges and Wrigley
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330
REGULAR COUNCIL MEETING, MAY 2, 1994
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Resolution RS94-7, sponsored by Councilman Haake, to pave Boonville Road.
Councilman Nilges moved for adoption, seconded by Councilman Bertel, and
approved.
Resolution RS94-8, sponsored by Councilman Nilges, pertaining to lease/purchase of
street sweepers. Councilman Nilges moved for adoption, seconded by Councilman
Green, and approved.
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Councilman Nilges asked Director of Parks and Recreation Bill Lockwood about a letter
sent from a citizen to the City regarding 6:00 a.m. golf at Hough Park, along with a
check which the citizen sent. Mr. Lockwood stated that the Recreation and Activities
Committee met the previous Tuesday to evaluate that request, and their decision was
that the existing policy was in the best interest of the citizens and they did not feel they
should change it at this time. Councilman Nilges asked if possible, he would like to find
out how many persons took advantage of those hours when the program was tried a
few years ago,
Councilman Halsey stated he had received several calls regarding the annual "clean-
up" and that there seemed to be a lot of confusion about the materials that can or
cannot be picked up by Laidlaw. Specifically, the question of using the "black bags" for
Items which could be placed in the Laidlaw bags, Councilman Barnicle also stated
several citizens in his ward were upset because of the Inconsistency in the black bag
rules, and requested that an announcement be made stating what would be done to
make the pick-up more equitable to everyone In his ward who had already been
affected by the pick-up. After further discussion, Mayor Gardner stated that she would
ask City Administrator Dave Johnston to make such an announcement.
Councilman Green referred to a letter written from Mr, Wayne Seaton of Dean Drive,
Jefferson City, regarding what he feels to be the Inappropriate use of JCTV by allowing
political groups to appear on the channel without disclaimers or equal time by opposing
views. Councilman Green stated his agreement with Mr. Seaton and that If this
practice is allowed, perhaps the bylaws and rules for the cable access channel should
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be changed,
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Councilman Wrigley referred to a complaint he had received from Mr, Michael Padberg,
i' a resident of Valley Park West Subdivision, regarding flooding in his basement. ;
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Councilman Wrigley addressed his referral of this complaint to Director of Public Works
ji Marty Brose, and asked that someone from Public Works go look into Mr. Padberg's
situation. Mr. Wrigley's second referral was to citizens Dennis and Carrie Coy, 3618 j
Mall Ridge Drive, who had also requested numerous times that someone from Public ?f
Works look into their situation, Councilman Wrigley asked Mr. Brose to follow up on !
both of these complaints as soon as possible.
REGULAR COUNCIL MEETING, MAY 21 1994 331
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Councilman Green moved for approval of the schedule of City Council meetings which
were distributed to the Council, second by Councilman Bartel, and approved.
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Councilman Wrigley moved for approval of the Executive Session Minutes of 4-18-94,
second by Councilman Green, and approved.
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Mayor Gardner stated that if Council had no objections, Ms, Mary England had
requested to speak, and the Chair would allow her to speak at this time with Council's
consent. There were no objections from the Council, Ms. England, a resident of Dulle-
Hamiiton Towers, made statements regarding the difficulties that residents of the
Towers have faced In the past few years because of increased crime there. Mayor
Gardner assured Ms. England that the City is doing everything within its power to
alleviate not only the situation at the Towers, but at other City locations with the same
problems,
Councilman Wrigley stated that there are several citizens present who have been
waiting throughout tonight's meeting for the public work session which is scheduled at
the end of the Executive Session, Councilman Wrigley suggested that the public work
session be held before the Executive Session to facilitate these citizens, and he made
a motion to recess for ten minutes, then reconvene In the public work session to
discuss riverboat gambling and the letter from Allen Garner to City Council members
regarding riverboat gambling, following with the scheduled Executive Session, Motion
was seconded by Councilman Green, and approved. Council recessed at 10:30 P.M.
Council reconvened at 10:40 P.M. for a public work session, The following persons
representing Becker Gaming made a presentation: Randy Scherr, Ron Lurie, David
Brydon, Fred Kaiser and Jerry Griffis, Following the presentation there was discussion
and a period for questions and answers which lasted until 11:45 P.M.
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Councilman Bertei moved to go into Executive Session for the purpose of discussing
Real Estate and litigation. Councilman Wrigley called for a point of order on the fact
that tonight's work session was called to discuss in an open forum with Allen Garner
the letter which was hand delivered by someone on the Council to the local newspaper.
Chair ruled that Councilman Wrigley's point of order is correct, Councilman Wrigley
then requested that Allen Garner explain the ramifications of his letter to the Council.
Mr. Garner stated that unless there is a motion by the Council to reveal what he
332
REGULAR COUNCIL MEETINGo MAY 2o 1994
considers Attorney/Client privilege, he does not believe all the matters in the letter can «
be discussed. Councilman Wrigley made a personal privilege motion that Mr. Gamer
discuss the confidential letter from Allen Garner to the City Council concerning theories
of Implications of lawsuits against the City, of citizens against the City, of Becker
Gaming against the City, and the City against Becker, Councilman Wrigley stated he
wished it noted in the record that this letter was anonymously delivered to the Jefferson
City News Tribune city desk, and that the only people who had a copy of that were the
t ten sitting Councilmen, the Mayor, City Counselor, and the City Administrator. Motion
was seconded by Councilman Haake. Councilman Green stated he is opposed to
i discussing this issue in public because of how it may affect the City Counselor. After
a further discussion, Councilman Wrigley's motion was then defeated.
Councilman Barters previous motion to go into Executive Session for the purposbs of
discussing real estate and litigation was then seconded by Councilman Haake, and
approved by the following roll call vote:
Aye: Bamicle, Bartel, Byrd, Estes-Benward, and Haake
Nay: Green, Halsey, Nilges, Wrigley
The meeting was then adjourned at 12:10 A.M.
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