HomeMy Public PortalAbout19940516 333
REGULAR COUNCIL MEETING, MAY 161 1994
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The Regular Council Meeting of May 16, 1994, was called to order at 7:30 P.M. with
Mayor Louise Gardner presiding.
A prayer of tribute to Councilman Tom Benton was offered by Mayor Gardner, followed
by a brief period of silence in his memory,
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The following Council Members were present for roll call:
Present: Bertei, Byrd, Green, Haake, Halsey, Nilges, Wrigley
Absent: Barnicie, Estes-Benward,
A quorum was declared present.
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Mr.
Alan Kreter, 7600 Twin Lakes Dr., spoke on Bill 94-17, establishment of
examination procedures for fire department. Mr. Kreter stated he felt the bill needed to
be amended to make the testing and scoring method more equitable.
Mr. Jack Brady, 2825 Brush Creek Ct,, spoke on Bill 94-17, establishment of
examination procedures for fire department, Mr. Brady agreed with Mr. Kreter's
statements regarding testing methods.
Mr. David Clark, 2710 Gardenview Drive, urged passage of Bill 94-17 as It now stands,
and introduced Mrs, Tom Benton, who asked the Council to pass the bill without
amending it.
Mr. Dick Moore, who served as Chairman of the Fire Personnel Committee, answered
questions of the Council regarding the bill.
After further discussion, Councilman Chris Wrigley moved that he, Councilmen Halsey,
Haake, Bartel, Byrd, Green and Nilges, be listed as co-sponsors of Bill 94-17, and that
the bill be passed by at least a 2/3 majority vote. Motion was seconded by Councilman
Haake, and approved, Councilman Wrigley requested that Bill 94-17 be brought
forward on the agenda at this time, to which there were no objections, Councilman
Halsey moved to table Bill 94-17 until the June 6, 1994, council meeting. Motion was
seconded by Councilman Bartel, and approved by the following roll-call vote:
Aye: Bartel, Byrd, Halsey and Nilges
Nay: Green, Haake and Wrigley
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-334
REGULAR COUNCIL MEETING, MAY 16, 1994
Mayor Gardner called for a ton-minute recess, to which there were no objections.
Council was recessed at 8:35 p.m.
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The Consent Agenda consisted of the following items:
a Minutes of May 2, 1994, Council Meeting
b Bid 1467 - Protective Clothing, Fire Department
c Purchase of Oil Additive- Public Works
di Renewal of Ground Lease with Missouri Dept. of Conservation at
Jefferson City Memorial Airport
e) Appointments:
Probationary Data Processing & Telecommunications Operator:
Marvin W. Rowland
Planning & Zoning Commission Reappointments.
Gary Duffy (term to end 5-98) - This Is third term, requiring 2/3 approval
b Council
Tom Schwehn (term to end by
Larry Kolb (term to end 5-98) - Formerly served as Alternate
NQw Aggointm!2nte:
Mike Borendzen (A3 Alternate, term to end 5-95)
Parke & Recreation Commission
Bill Case (term to end 5-97) -This Is third term, requiring 2/3 approval by
Council
Michael Couty (term to end 5.97) - Replaces Bob Haake whose term
expired & resigned
Phyllis Willibrand (term to and 5-97) - Replaces Bob Asel whose term
expired& resigned
Councilman Byrd stated a correction Is needed to the Council Minutes of May 2. IM,
changing the reference of "United Church of Christ" (located on page 3) to "Central
United Church of Christ.
Item (c): Councilman Green moved to amend the Consent Agenda by requiring that
Item (c) be held over until Public Works Director Marty Brose received bids from other
suppliers on the item. Motion was seconded by Councilman Bartel. Councilman
Wrigley moved to amend Councilman Green's motion by offering the following
substitute motion: Item (c) shall be refused because it Is over $5,000 (any purchase
over $5,000 Is required by ordinance to be bid); and that the Item be bid with spec
sheets before any council action be taken on this item. Motion to amend was seconded
by Councilman Green, and approved. Councilman Green's motion, as amended, was
then approved.
335
REGULAR COUNCIL MEETING, MAY 161 1994
Item fie): Councilman Halsey moved that the reappointments of Gary Duffy and Bill
Case be for a period of one year, motion was seconded by Councilman Green for
discussion. Councilman Green called for a point of order, stating that appointment
terms are determined by City Code and cannot be changed without an ordinance
amending the Code. Chair ruled in favor of the point of order. Councilman Wrigie
called for a point of order for clarification purposes. Mr. Wrigley stated that any Council
member can challenge a ruling of the chair by which two-thirds of the Council sitting
may overrule the ruling of the Chair, but if that happens, it would revert back to the
original question which would be resubmitted to the Chair for a ruling.
After further discussion, Councilman Green moved to accept Item (e) in its entirety,
motion seconded by Councilman Wrigley, Councilman Wrigley called for the question.
Motion to accept Item (e)was approved.
Councilman Green then moved to approve the Consent Agenda, as amended to
exclude Item (c) and to amend the minutes per Councilman Byrd's correction, seconded
by Councilman Bartel, and approved. } u
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Mayor Gardner directed Council's attention to her report on the Goodwill Tour to
Taiwan which was Included in the Council packet,
Mayor Gardner presented a proclamation to Public Works Director Marty Brose in
recognition of Public Works Week, after which Councilman Haake read a public
announcement inviting the public to an "equipment show" on May 18 that the City's
Public Works Department will participate In,
Mayor Gardner stated that the following appointments were being recommended at this
time for Council's action at the June 6, 1994, Council meeting:
First Responders Ad Hoc Committee:
Albert Bernskoetter, 338 Redwing Drive
Ed Reser, 1939 Hayselton
Bob Hyder, 800 Peach Tree Drive
Reg Woods (tentative), 221 Brookdale
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111_1_94-33, sponsored by Councilman Byrd, Bartel, and Nilges, entitled:
AN ORDINANCE OF THE CiTY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE
1993-94 BUDGET FROM THE GENERAL FUND TO THE PARK FUND.
Councilman Byrd requested that the rules be suspended and Bill 94-33 be placed on
final passage. There were no objections to suspension of the rules.
336
REGULAR COUNCIL MEETING, MAY 169 1994
IFBill 94-33 was read second and third times by titled, placed on final passage, and If
passed by the following vote as Ordinance 12098:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
3111„94-34, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF
JEFFERSON, BY REZONING PROPERTY ON THE EAST SIDE OF SCOTT STATION
ROAD IMMEDIATELY SOUTH OF 206 SCOTT STATION ROAD FROM C-4, PLANNED
COMMERCIAL DISTRICT, TO M-1, LIGHT INDUSTRIAL DISTRICT.
1311194-3 sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH MARSHALL
ENGINEERING FOR THE DESIGN OF SANITARY SEWER SERVICES.
811L 9:32, 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 J, (PARKINQ
P130HI1ITE12) SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19-401
BY THE ADDITION OF A PORTION OF HIGH STREET.
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1311194-31, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY THE DELETION OF SCHEDULE A,
SPEgD LIMITS), SUBSECTION (G) (TWENT
Y MILES PER HOUR) OF SECTION 19-
401 AND SUBSTITUTING A NEW SUBSECTION.
3111,$ -' , 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 J, (PARKINQ
PROHIBITED) SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19-401
BY THE ADDITION OF A PORTION OF MCCARTY STREET.
Bill 94-32, 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 J, (PARKING
PROHIBITED) SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19-401 jj
BY THE ADDITION OF A PORTION OF SOUTHWEST BOULEVARD.
REGULAR COUNCIL MEETING, MAY 16, 1994 337
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.
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.
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Bill 24-1fi, 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.
Councilman Green moved to amend Section 1 of Bill 94-16 by inserting the following
paragraph as paragraph (2) under 17-241(a) to read as follows, with all subsequent
paragraphs of subsection (a) to be renumbered:
(2) A behind-the-counter communications device, such as an alarm system,
telephone or"panic"button, which can be utilized to notify police; subject
to the restrictions set out In Article Xll, "Burglar and Fire Alarm Systems,"
of Chapter 18, Miscellaneous Provisions and Offenses,"of the Code.
Councilman Green's motion to amend was seconded by Councilman Bartel, and
approved.
Councilman Nilges moved to further amend 8111 94-16 by adding the following section,
requiring City staff to review the implementation and Impact of this Ordinance and to
present its report and recommendations to the Mayor and City Council on or before
December 31, 1995:
Section 3. Impact Study. A review of the implementation and impact of this
! Ordinance shall be conducted by City staff and a report with recommendations
shall be presented to the Mayor and City Council on or before December 31,
1995,
338
REGULAR COUNCIL MEETING, MAY 169 1994
Councilman Wrigley made a substitute motion,to Councilman Nilges' motion to amend:
Police Chief Gary Kempker shall develop a list of those businesses that may be
Impacted by this ordinance, and a letter be sent to them, that a public hearing be
held at a date to be set by the City Administrator and the City Clerk so that
comments on the bill as drafted can be heard. However, such public hearing
must be held within four weeks.
Substitute motion was seconded by Councilman Halsey. Mayor Gardner brought to
Council's attention that Councilman Nilges' original motion to amend was still on the
floor, and that no second had been made to that motion. Councilman Wrigley
seconded Councilman Nilges' original motion, and the motion was approved.
Councilman Wrigley then restated his substitute motion, Councilman Halsey restated
his second, and the substitute motion was approved.
1' Councilman Green then requested that Bill 94-16, as amended, be placed on the
Informal Calendar.
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,
Bill 94-18 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12084:
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Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
X111$4:1$, 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 94-19 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12086:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
339
REGULAR COUNCIL MEETING, MAY 16, 1994
Bill lfi.2Q, 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 94-20 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12066:
Aye: Bartel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
8ill 24_x, sponsored by Councilman Nilges & Bartel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRMS OF NICKOLAUS,
GREEN & BEETEM AND HENDREN AND ANDRAE FOR THE PURPOSES OF
PROVIDING LEGAL SERVICES RELATED TO THE FLOOD BUYOUT PROGRAM.
Bill 94-22 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12067:
Aye: Bartel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
111124:23, sponsored by Councilman Nilges & Bartel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF AN AGREEMENT WITH
GUARA14TY LAND TITLE FOR THE PURPOSES OF PROVIDING SERVICES FOR
TITLE WORK ON PARCELS TO BE ACQUIRED THROUGH THE FLOOD BUYOUT
PROGRAM.
8111 94-23 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12068:
Aye: Bartel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
Bill,s - , sponsored by Councilman Byrd & Bartel, 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.
Bill 94-24 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12089:
340
--REGULAR COUNCIL MEETING, MAY 16, 1994
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Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
i Nay: None
1111124-25, sponsored by Councilman Byrd & Bertel, entitled:
ii
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 94-25 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12090:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
Bill 24-25, 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.
Bill 94-26 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12091:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
!I Bill 94-27, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
I MAYOR AND CITY CLERK TO ENTER INTO AN URBAN AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR
IMPROVEMENTS TO FAIRGROUNDS ROAD.
Bill 94-27 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12092:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
341
REGULAR COUNCIL MEETING, MAY 116v 1994
et_.!t 94:2Q, 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.
Bill 94-28 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12093:
Aye: Bartel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
Bill 94-29, 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 94-29 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12094:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
Bill-24 3Q, 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 94-30 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12096:
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
Nay: None
sponsored by Councilman Haake, entitled:
i,
AN ORDINANCE OF THE CiTY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN COPPER RIDGE j
SUBDIVISION.
Bill 94-31 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12096:
342
REGULAR COUNCIL MEETING, MAY 16s 1994
Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley
M Nay: None
c
j Jll 24-32, sponsored by Councilman Nilges, entitled: t
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRMS OF JAMES M. I
FISCHER, P.C., FOR THE PURPOSES OF PROVIDING LEGAL SERVICES ,
if RELATED TO INTERVENTION IN THE CAPITAL CITY WATER COMPANY RATE
I, CASE.
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Bill 94-32' was read third time by title, placed on final passage and passed by the I
i�
following vote as Ordinance 12097:
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s Aye: Bertel, Byrd, Green, Haake, Halsey, Nilges and Wrigley s
Nay: None j
Councilman Byrd announced the dedication of the Memorial Pool improvements would
be held on June 2, and invited the Mayor, Council and public to attend.
i
Councilman Nilges announced that the Finance Committee is currently In the process E
'! of working out its schedule, and asked for suggestions from Council if there were any j
conflicts noticed,
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Councilman Haake announced that the Mayor and City Council are Invited to a j
luncheon on May 19 at the McClung Park in honor of Public Works Week.
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Councilman Halsey suggested that the Council take a look at the position of City I'
Planner that will become vacant shortly with the retirement of Mr. Dick Preston, and
consider allowing that position to also be involved in working with the small business
owners of Jefferson City. Mr. Halsey felt that this Is an area that Is currently being 4
overlooked by the City and the Chamber of Commerce. �.
l
Councilman Halsey reiterated statements he has made at past meetings regarding the
decaying condition of homes and properties in the City. He again asked that the City
redouble its efforts to keep parts of the City from becoming "slums," and become more
Involved In development of small businesses, neighborhoods and care of curbs and
gutters in residential areas as well as business areas.
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343
REGULAR COUNCIL MEETING, MAY 16, 1994
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Councilman Bartel moved for approval of the Executive Session Minutes of 2-21-94
and 5-2-94, second by Councilman Green, and approved,
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Councilman Bertel moved to go into Executive Session for the purpose of discussing
Real Estate, Litigation and Personnel, second by Councilman Green, and approved by
the following roll call vote:
Aye: Bertel, Byrd, Green, Hooke and Nilges,
Nay: Halsey, Wrigley
The meeting was then adjourned at 10:10 P.M,
Council reconvened in Executive Session with Mayor Gardner presiding, The following
Council members and staff members were present:
PRESENT:
Councilman Mary Bartel
Councilman Bill Byrd
Councilman Jerry Green
Councilman Jim Hooke
Councilman Rick Nilges
Councilman Chris Wrigley
ABSENT: ,Councilman Barnicle, Councilman Estes-Benward, Councilman Halsey
STAFF PRESENT:
City Administrator Dave Johnston
Councilman Jerry Green moved to accept City Administrator Dave Johnston's
recommendation for a 2% meritorious increase for Finance Director Bette Wordeiman,
Motion was seconded by Councilman Chris Wrigley and approved unanimously,
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