HomeMy Public PortalAbout19940801 REGULAR COUNCIL MEETING, AUGUST 1, 1994
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The Regular Council Meeting of August 1, 1994, was called to order at 7:30 P.M. with
Mayor Louise Gardner presiding.
Prayer was offered by Councilman Charles Jackson, followed by the pledge of
allegiance. w
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The following Council Members were present for roll call: '
Present: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges and Wrigley
Absent: None
r A quorum was declared present.
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Mayor Louise Gardner stated that if there were no objections from the Council, she
would like to take up "Presentations from the Gallery" first to facilitate citizens present.
Councilman Halsey reminded the Council that at the last meeting, a three-minute limit
was placed on each speaker in the presentations from the gallery, and he felt this
policy should be clarified, and remain consistent for all presentations. Mayor Gardner
referred to the ordinance adopted in November, 1993, which provided for a time limit.
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Councilman Jackson moved that presentations from the gallery be moved forward at
this time, seconded by Councilman Bertel, and approved.
Peter Sammons, 810 E. High Street, invited the Mayor and City Council to his
neighborhood's National Night Out celebration on August 2 at 830 E. High Street.
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A public hearing was held on the Property Tax Rate Levy.
Bill Lockwood, Director of Parks and Recreation Department, spoke regarding the
uses of inventory collected from the property tax levy for the Parks and Recreation
Department. He stated that funding was needed to perform the improvements to ; r
comply with requirements of the Americans with Disabilities Act (ADA), and that the
Parks and Recreation Commission requests the Council to utilize its statutory authority
to restore the park levy toward the 20-cent level previously held. Mr. Lockwood
answered questions of the Council regarding his statements on behalf of the Parks and
Recreation Department, and regarding utilization of Parks facilities in general.
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REGULAR COUNCIL MEETING, AUGUST 1, 1994
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The Consent Agenda consisted of the following items:
a) Minutes of July 18, 1994, Council Meeting
b Appointments:,
Council Committees ,,7':.',, s
Councilman Charles Jackson
Tax Increment Finance Commission '"t > " '''
Larry Vincent (term to end 4-96), replaces Betty Weldon who resigned
Transportation & Traffic Committee
Reappointments
Mobs
Kent Lowry (term to end 6-97) '
Kathy Jordan (term to end 6-97)
Owen Redel (term to end 6-97) ''
Appointments y? ;,.!•:;,
Mark S. Kaiser(term to end 6-96), replaces Saundra Allen whose
term expired.
Ruth Hyder(term to end 6-97), replaces Jim Thompson whose
term expired ';`.
Don James (term to end 6-96), replaces Dick Duncan whose term 1.•,',•..„`�>>
expired I!';;;•;;>' ; ._!r:.
Councilman Haake moved to approve the appointments of Councilman Charles
Jackson to the committees which were previously held by late Councilman Tom Benton, •': '�,,5�.-�%;<•::: ,'
J and which the Mayor distributed to the Council in their July 29 Council packet. Motion
to approve was seconded by Councilman Byrd, and approved. ;''�P;ti,:
Councilman Green moved to approve the Consent Agenda as presented seconded b
Councilman Estes Benward, and approved. 1�>:,;�;�L{�II,t•�:•�:I,�S•<<� "
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t; Mayor Gardner stated that the following minutes/reports have been received are on file
in the City Clerk's office:
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r--� REGULAR COUNCIL MEETING, AUGUST 1, 1994
Board of Commissioner, Housing Authority, 6/14/94; Cable Quality Commission,
5/19/94; Planning & Zoning Commission, 6/9/94; Board of Adjustment, 6/14/94; Historic
Preservation Commission, 6/28/94
Councilman Green stated the Council had not received any minutes from the ad hoc
Charter Review Committee, and moved that those minutes be provided to the Council
by the August 15 Council meeting, motion was seconded by Councilman Estes-
Benward, and approved,
C'
EMENT BY::
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Mayor Gardner announced that the July "Yard of the Month„ award was being `'` F`;
presented to Bob and Kathleen Asahl of 2116 Tower Drive, but that since they could
not be present to receive it at the meeting, the award would be sent to them.
Mayor Gardner announced that she had received current information regarding the
Hancock II Amendment and was forwarding copies of same Council for their
consideration.
Mayor Gardner presented a statement regarding the Safe Community Committee, but
recommended that the Council reconsider the composition of the committee as follows:
(1) Reduce the Council Members on the committee to one member from each ward,
with the exception of Ward 1, where both Councilmen would be appointed, and (2) The
City Administrator, Chief of Police, Director of Planning & Code Enforcement, Executive
Director of the Housing Authority should also participate. After discussion, Councilman
Nilges moved that City Counselor Allen Garner prepare a pro/con list regarding using
the $200,000 riverboat money for new law enforcement officers, motion was seconded
by Councilman Green. Councilman Halsey stated his opposition to using this money
for any purpose. After further discussion, Councilman Jackson called for the question,
seconded by Councilman Halsey, and approved. Councilman Nilges's motion was then
approved by the following roll-call vote:
Aye: Bertel, Byrd, Estes-Benward, Green, Haake, Nilges and Wrigley
Nay: Barnicle, Halsey and Jackson
Councilman Wrigley moved for suspension of the rules regarding the two-week waiting
period for approval of appointees in this particular case, motion was seconded by
Councilman Bertel, and approved.
Councilman Wrigley then moved as follows:
To accept the appointees as presented by Mayor Gardner, that Police
Chief Gary Kempker serve as Chairman of the committee, that one of its
own members be selected by and from among the committee as co-
chairman, and that the committee be notified that the Council would like
t them to look at criminal activities and how to reduce them, vandalism, and
how to reduce it, housing problems (i.e. upkeep of dwellings) and how to
correct them, and any other public safety issue of the city that would lead
to housing or public safety issues.
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REGULAR COUNCIL MEETING, AUGUST 1, 1994 i
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.I Motion was seconded by Councilman Halsey. Councilman Barnicle moved to amend
the motion to also charge the committee to make recommendations on methods by
which the residents can organize for the betterment of their neighborhood communities
and participate more effectively as citizens in Jefferson City. Motion to amend was
seconded by Councilman Wrigley, and approved. Councilman Wrigley's motion, as
amended, was then approved. .4.
Councilman Wrigley moved that the Council recess at this time and reconvene at 9:15 r..
P.M., motion was seconded by Councilman Bertel, and approved. Council recessed.
Council meeting was reconvened at 9:15 p.m. with Mayor Gardner presiding. r � 4« ',� ;`
Councilman Nilges distributed a list of suggested dates for Finance Committee budget
hearing meetings, and stated all previously scheduled dates were superseded by these
dates. He asked for Council input regarding the convenience of the new dates.
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Bill 94-68 sponsored by Councilman Halsey, entitled: ` J
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE >'y'
CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL
OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI.
Bill 94-69, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF SCHOTTHILL WOODS SUBDIVISION, SECTION THREE, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Bill 94-70, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF KNIPP WEST SUBDIVISION, SECTION TWO, A
SUBDIVISION OF THE CITY OF JEFFERSON. rr
Bill 94-71, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
17-207 OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO THE .f.;:;->;`'`"'=`-"
PROCEDURE USED TO ESTABLISH A GROSS RECEIPTS TAX LEVY. `'VY `' .,',' ,.,•`
Bill 94-72, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE
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n REGULAR COUNCIL MEETING, AUGUST 1, 1994
PRESENT SECTIONS 8-1, 8-2 AND 8-3 AND ENACTING IN LIEU THEREOF A NEW
SECTION 8-1, ENTITLED "ENFORCEMENT AGENCY"; A NEW SECTION 8-2,
ENTITLED "ADOPTION OF NATIONAL ELECTRICAL CODE 1993"; AND A NEW
SECTION 8-3 ENTITLED "AMENDMENTS TO THE BOCA NATIONAL ELECTRICAL
CODE 1993."
Boll 94-73, sponsored by Councilman Green, entitled: .
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTERt,.,.; ';= ,-
8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE = `
PRESENT SECTIONS 8-4 AND 8-5 AND ENACTING IN LIEU THEREOF A NEW '''' T '
SECTION 8-4, ENTITLED "ADOPTION OF BOCA BASIC NATIONAL PLUMBING
CODE 1993 EDITION," AND A NEW SECTION 8-5 ENTITLED "AMENDMENTS TO
THE BOCA NATIONAL PLUMBING CODE 1993."
Boll 94-74, sponsored by Councilman Bertel, entitled:
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRM OF HENDREN `.^
AND ANDRAE FOR THE PURPOSE OF PROVIDING LEGAL SERVICES RELATED
TO THE DEFENSE OF THE LAWSUIT
FILED IN THE CIRCUIT COURT OF COLE .
COUNTY, MISSOURI, BY MICHAEL CRAIGHEAD, M.D., ET AL., AGAINST THE CITY
-
,� OF JEFFERSON, MISSOURI, ET AL.
En.4-75, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH BLACK &
VEATCH FOR A WASTEWATER SLUDGE PROCESSING STUDY.
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Bill 94-0, sponsored by Councilmen Barnicle, Bertel, Estes-Benward, Green & Nil es f
entitled: g '
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE
DEPARTMENT EXAMINATION AND SELECTION PROCEDURES.
Bill 94-63 was read third time by title and placed on final passage.
After discussion,
Councilman Jackson offered a motion to substitute as follows: f
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Information on the bottom of page 9 of Exhibit A, dated 7192194, be changed by
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REGULAR COUNCIL MEETING, AUGUST 1, 1994
requiring that the promotion for rank of Fire Captain would include three years'
experience as Fire Driver as originally proposed by the ad hoc committee. Motion to
substitute was seconded by Councilman Halsey. Following a lengthy discussion,
j Councilman Green called for the question, seconded by Councilman Haake, and
motion to call for question was defeated. Additional discussion followed, including
questions to City Counselor Allen Garner to obtain his opinion regarding the legal
impact on the City of the pending bill as written. Councilman Jackson then called for
the question, seconded by Councilman Halsey, and approved. Councilman Wrigley
then called for a point of order ruling on Councilman 'Jackson's substitute motion, in
that if the motion were approved as substituted it would remove the balance of the
language in the paragraph. Chair ruled in favor of Councilman Wrigley's point of order,
and Mr. Jackson's substitute motion was ruled out of order. Councilman Wrigley then i
moved to amend Bill 94-63 as follows: At the end of the first sentence of the last
paragraph on page 1 of Exhibit A, dated 7112194, following the word "experience, 'insert '
"with at least three years experience as a Fire (Driver, and leaving the balance of
the language as it is written in Exhibit A. Motion was seconded by Councilman
Jackson, and approved.
Bill 94-63 was then passed, as amended, by the following vote as Ordinance 12128:
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Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, f
Jackson, Nilges and Wrigley
Nay: None k
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Bill 94-54, 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), BY THE ADDITION
OF A PORTION OF STATE STREET.
Bill 94-64 was read third time by title, placed on final passage and passed by the
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following vote as Ordinance 12129:
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Aye: Barnicle 1 Bertel 1 Byrd, 1 1 Estes-Benward Green Haake, Y1 Halse
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Jackson, Nilges and Wrigley `aY.
Nay: None !ra1`,1
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Bill 94-65, sponsored by Councilman Haake entitled:
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REGULAR COUNCIL MEETING, AUGUST 1, 1994
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J, (PARKING
PROHIBITED), SUBSECTION (B), (ALLEYS), BY THE ADDITION OF AN ALLEY
BETWEEN ADAMS STREET AND JACKSON STREET.
Bill 94-65 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12130:
Aye: Barnicle, Bertel Byrd Estes-Benward Green Haake Halsey, ,'4 "`t'•'`'"`` ~
Jackson, Nilges and Wrigley
Nay: None `
Emil 94-66, 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 U, (SCHOOL
BUS LOADING ZONES SCHOOL ZONES PARKING LOTS ETC.) SUBSECTION (A)
(SCHOOL BUS LOADING ZONES) OF SECTION 19-401 BY THE DELETION OF A
PORTION OF HOUGH PARK STREET.
Bill 94-66 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12131:
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges and Wrigley
Nay: None
B11194-6Z, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH TECH
` PACKAGING, INC., AND CERTAIN OTHER PARTIES FROM THE CITY'S
REVOLVING LOAN FUND FROM THE MISSOURI DEVELOPMENT ACTION
i` GRANTS.
Bill 94-67 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12132:
t Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
k Jackson, Nilges and Wrigley
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REGULAR COUNCIL MEETING, AUGUST 9, 9994
Nay: None
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i RS94-22, sponsored by Councilman Nilges, affirming he City's policy regarding homer `.`;
occupations. Councilman Wrigley moved, seconded by Councilman Haake, to amend
paragraph 2 of the resolution as follows:
2. The policy of the Council which shall be reflected in appropriate
ordinances, is to permit the use of residential property for home
occupations which are compatible with the neighborhood in which they
are located. Any use of a premise for home occupations shall be done in
a manner which is clearly incidental and secondary to the use of the
remise for a dwellin aed-shalt-be-Gaff ied-o6g4R-soda-a-maRRer-as-to-be
whG y-w+thain-an-easlosed-building- I '
Following discussion, Councilman Wrigley . called for the question, seconded by '
Councilman Bertel, and approved. The motion to amend was then approved.
Councilman Wrigley moved to adopt RS94-22 as amended, seconded by Councilman
Jackson, and approved.
RS94-23, sponsored by Councilman Nilges, approval of Capital Improvements Program .. .::':..,.. ,
1994-1998. Councilman Nilges requested that RS94-23 be placed on the Informal -'
i Calendar to allow Council opportunity to read the information provided to them.
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There were no Council Liaison reports at this time. ?. ,
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There was no Unfinished Business at this time.
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The following New Business was discussed: ("f`'
Councilman Wrigley questioned Planning & •Code Enforcement personnel regarding
the BOCA Code compliance at City Hall building, and stated his observance of a looser '.,..,
wire in a hazardous location outside the City Hall building which needed attention.
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REGULAR COUNCIL MEETING, AUGUST 1, 1994
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Councilman Halsey questioned Fire Personnel and Planning & Code Enforcement
personnel regarding newspaper recycling dumpsters at fire stations. Councilman
Haake stated he had received calls from citizens regarding this issue. Fire Chief
Rennick explained that Fire personnel were forced to turn patrons away because the
dumpsters were full and they did not want the newspapers left on the ground due to the
forecast of rain.
Councilman Halsey stated he had listened to the taped telephone call of Ms. Joanna
Lewis to the 9-1-1 number which was a matter of discussion at the July 18, 1994
Council Meeting, and he felt that the Police personnel did indeed handle that specific " µu
call, and all other calls received, properly and professionally.
Councilman Halsey shared a letter written by Mr. Marty Kehoe of Kehoe Ford which
commended the outstanding performance of the City's street department in the recent
work at his business location on Southwest Boulevard. Councilman Halsey added his
congratulations to Mr. Kehoe's to Public Works Director Marty Brose. Councilman
Nilges also commended the Public Works Department for their work on that project.
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Councilman Nilges questioned Fire Chief Rennick regarding the status of practical
testing and the number of vacancies in the Fire Department.
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Councilman Halsey moved that the Executive Session minutes of July 18 be amended
as so annotated by him on the minutes, seconded by Councilman Barnicle. Following a
_., discussion pertaining to the topic of "conflict of interest," Councilman Nilges made a
substitute motion that these Executive Session minutes be approved at a future Council
Meeting, and that any discussion of the minutes be held in Executive Session,
seconded by Councilman Wrigley. After discussion, Councilman Green called for the
' question, seconded by Councilman Wrigley, and approved. The substitute motion was
then approved. �t
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Councilman Green moved that the Council go into Executive Session for the purpose of
discussing Real Estate and Litigation. Motion was seconded by Councilman Bertel,
and approved by the following roll-call vote:
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