HomeMy Public PortalAbout19950109 97
�--� REGULAR COUNCIL MEETING, JANUARY 9, 1995
,
l
i
'� A `'��'1°Q"•,.fit <_><>' >
The Regular Council Meeting of January 9, 1995, was called to order at 7:30 P.M. with
Mayor Louise Gardner presiding. I
Prayer was offered Rev. Dan Ross, followed by the pledge of allegiance.
�..:,r:O•..�•.....'MF��.���IM1::::i::i::: ::•:��::<�':::•'::i:::•:�:•'::::::'.::�:�:�:::::��i��::�'�::<��•���:''�v:•�:{��'�'::�:i:•'����::::::•::::::�::•,u�?�::�::::::':'.:::::',,::'ti:':',i:��:':::::::',:�:::::�'•�'i'::�::j:i::;;�:�:::::i�:ti:� :��•'.<::::::i:::::'.:::;}:::::::::�::5•'.?:�5:::::i::'::::��}:::}i:v:•}:::•ii:t:i'•<•>:
The following Council Members were present for roll call: ' ~'
Present: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake Halsey,
Jackson, Nilges, and Wrigley
Absent: None
A quorum was declared present.
A public hearing was held on Bill 94-157, Home Occupations, The following persons
spoke:
Sharon Gulick, 1212 W. High; Randy Allen, 1805 Greenberry Road, Chairman of the
Board of Adjustment; Gary Plummer, 1200 Duane Swift Parkway, representing the
Chamber of Commerce; and Doug Vancamp, 1118 Moreau Drive. Ms. Gulick, Mr.
Allen and Mr. Plummer all spoke in favor of the, Bill, and urged its passage. Mr.
Vancamp stated he had originally been opposed to the bill, but that he had been
allowed to work with City staff making amendments which he felt favorably addressed
his concerns in the substitute version of the bill which would be presented to the
Council tonight.
_I E
!G.. . �. R. .:.::.:..:::..............:...::..:..........::::::..::::::.:::::.:.::::..:.:.::...................................... .
r
Gary Plummer, representing the Jefferson City Area Chamber of Commerce, made a
presentation regarding the City's support of the Convention and Visitor's Bureau, and
information was handed out to 'the Mayor and Council Members to accompany his
presentation.
Richard Brownlee, Attorney at Law, 235 E. High, made a presentation on behalf of
Digital Teleport, Inc., and explained the company's proposal to install fiber optics
technology in the Jefferson City area.
N* OTTA
The Consent Agenda consisted of the following items:
a) Minutes of December 19, 1994, Council Meeting
b) Bid 1418, Vehicle hoist - Public Works
.' { .t >x�%>7n .u�+.,yi•.;5 )t��zti'Y 6 .� "t;rl :•�• 'v 4' i ( "4f t 7 'f.�ys 1
•�` Y .�t�iK �F r�,j.�i �{.'�^:!. b f fi=��,i:. .,Jw�'i tY., .1��
`or+,."1? r i,
IF
9$
REGULAR COUNCIL MEETING, JANUARY 9, 1995
c) Bid 1435, (Renewal) Electrical Service -All City
d) Bid 1528, Eastland Sewer Relocation Project - Public Works
e) ' Appointment of Municipal Judge
Councilman Nilges requested that Item (e) be withheld from the Consent Agenda, and
stated his concerns regarding appointing a person to fill an elective position who is also
a political candidate for that same position. After discussion, Councilman Haake called
for the question. Call for the question was approved. The Consent Agenda, excluding
Item (e), was then approved. Councilman Byrd moved to approve Item (e), seconded
by Councilman Haake. Councilman Wrigley called for the question. Call for the
question was approved. Item (e) was approved by the following roll-call vote: :;,
Aye: Byrd, Green, Haake, Jackson and Wrigley
Nay: Barnicle, Bartel, Estes-Benward and Nilges
Absent for the Vote: Halsey
'M. f. . :;
>: T�>Ft�G.�V�[?:ANa>�IIL. W«<<<» �<>`< <>:> ;>'<:'::«: �«<i<>>«>><: >< > `��>°:::�::>:;>«�<><:::>:<;::<.:::
r Mayor Gardner stated that the following minutes/reports have been received and are
on file in the City Clerk's office:
i
Financial Report, 11/94; Police Personnel Board, 12/1/94.• Board of Commissions of the
Housing Authority, 11/22/94
ANNOMNA :>
Mayor Gardner announced that she had made the following appointments and
recommendations for appointments:
{
Term
Board or Commission A t Rea t Name Replaces, Ends
j
H6using Authority X James P. Cox John Britton 11/95
Historic Preservation X Kevin Meinhardt 12/97 =
Commission
Historic Preservation X Jerrold Scarlett 12/97
Commission
Historic Preservation X Robert Hawkins Mary Ann Caplinger 12/97
Commission
USS Jefferson City Committee x John Blosser 12/97
USS Jefferson City Committee X I Robert D. Petersen I Charles McGeorge, decd 6/96
Police Personnel Board X I Dick Moore I Duane Schreimann 6/96
With the exception of the appointment of James Cox to the Housing Authority, the
remainder of the appointments will be brought before the Council for its final approval
at the January 23, 1995, Council meeting. :.
LJ
IV . .,r..,
Aw .
r;
'.,, c J • ��'f.,.y:rutl 'rr�,y{�t�f4 i�Yf�""" ; -
Ss;;�c .s^r•.ro,u. ,*,';„t.tk.. .,.,, ... :, .' .. ' .y:., ..( t d j _:..x4,rcz jk .
99
r-� REGULAR COUNCIL MEETING, JANUARY 9, 1995
Bill 94-166, sponsored by Councilman Nilges, entitled: .
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE PURCHASE AGREEMENT WITH
IBM FOR THE UPGRADE OF COMPUTER EQUIPMENT. '>>r
Bill 94-167 sponsored by Councilmen 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.
Bill 94-168 sponsored by Councilmen Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER Y
:M
4 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE
' DAYS AND HOURS OF OPERATION FOR LIQUOR LICENSES AND ADDING A NEW
LICENSE CATEGORY. ,.
Boll , sponsored by Councilmen Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19-401 OF 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 COMMERCIAL AVENUE.
Bill 94-170, sponsored'by Councilmen Haake, entitled: r
- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE CONTRACT WITH DIAMOND FENCE NCE FOR
THE INSTALLATION OF CHAIN LINK FENCING AT THE WASTEWATER TREATMENT
FACILITY AND AT WOODLAND/FAIRVIEW CEMETERIES.
Bill 94-171 sponsored by Councilmen Haake, entitled:
,r
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR
EASTLAND DRIVE INTERCHANGE SEWER RELOCATION PROJECT. }`
r•r ••,��pyk',11a1!@Sk:•�{if(tY7J.�ff� {^
`� Mi.'S7•"FL,f'i���.,'>��fJy'}tw'°'r'1'$�"�(y y s'".'TT.�,yNy,fJiS'tYaY'.�:,+t�n.:n•rez.�,r x 4 r-y'y.,'.vtl,(i;Yic.t't S i.S:7�f',r",res.•t#�41;1'.?.S..,.LT a 9 �1.s;,t:';y+a•}c"•1:?Y!aS?-w sN`<'•r`1f4^`\f:�'R-1.:n7 zP j�t,M.��:�.i#•1.:.,3.Jry:n,1"..l�'."«X"r:..r.7J::;.•,,<.,zP'•tl l Sk7�N..i�i'U9i,'y'•YM.CG z'r{�'''Z��:�'i•!F r.��r,<e.y xtA `K ^e•;'4^
Tir+r*ywr'.f'y f•..?
S
,
100
REGULAR COUNCIL MEETING, JANUARY 9, 1995
i
:I
ilf3 1 94-1_72, sponsored by Councilmen Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT 6 TO CONTRACT 1 WITH
SKW ENGINEERING FOR SERVICES RELATED TO THE WASTEWATER PUMP
STATION ELECTRICAL IMPROVEMENTS AND TELEMETRY SYSTEM PROJECT.
:t
Bill 94-173 sponsored by Councilmen Nilges, entitled:
AN ORDINANCE GRANTING TO DIGITAL TELEPORT INC. A LICENSE TO1{�,; :,;,`�,i,;.. .
CONSTRUCT, OPERATE, MAINTAIN AND REPLACE COMMUNICATION
TRANSMISSION LINES IN AND UPON CERTAIN PUBLIC ROADS, RIGHTS-OF-WAY
AND EASEMENTS IN THE CITY OF JEFFERSON CITY, MISSOURI, PROVIDING
FOR THE REGULATION OF THE LICENSE SO GRANTED AND PROVIDING FOR
COMPENSATION TO THE CITY OF JEFFERSON CITY FOR THE GRANT HEREOF.
Councilman Jackson stated he had some concerns with this bill, and would be reading
it carefully to determine if amendments would be needed to make it beneficial to the
City.
i 13111 94-174 sponsored by Councilmen Wrigley, entitled:
AN ORDINANCE AUTHORIZING THE GRANTING OF LICENSES TO CERTAIN
BUSINESSES OPERATING AS HOME OCCUPATIONS WHICH PREVIOUSLY WERE
` GRANTED LICENSES.
Councilman Wrigley stated he wished to request suspension of the rules so that Bill
-: 94-174 could be considered at this time. There were no objections to Councilman
Wrigley's request. Bill 94-174 was read third time by title, placed on final passage and
1 passed by the following vote as Ordinance 12217:
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, '{y'
Jackson Nil es, and Wrigley
Y {
Nay: None
i.
13i11 94-175, sponsored by Councilmen Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH UNION
PACIFIC RAILROAD FOR UNDERGROUND PIPELINE CROSSING OF RAILROAD. " '`✓` `'"' `'
Bill , sponsored by Councilmen Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH UNION �''
PACIFIC RAILROAD FOR WIRELINE CROSSING OF RAILROAD.
-s
M
M1..
,
I
{iiRhkl,-,. ...,MVII'+p,l':.,{.xx. ..Ln.S,.t.''tt,Nf ., : •.� .. .. ! ... - < 4 rc-r't b�A ,.jiR,yS��L 1�Y
101
REGULAR COUNCIL MEETING, JANUARY 9, 9995
S.P
Bill. 4_158, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADDING AN '''`°
ADDITIONAL ADMINISTRATOR TO THE CITY'S DEFERRED COMPENSATION
PLAN.
Bill 94-158 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12211: "
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges, and Wrigley
Nay:
None
BillBill -159, sponsored b Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINSENBARDT r
ELECTRIC FOR ELECTRIC MOTOR REPAIR SERVICES.
Bill 94-159 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12212•
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges, and Wrigley
Nay: None
Boll 94-160, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON
CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT. '`
Councilman Nilges stated ated he was concerned b the fact that Mayor ,:-�`,-.,,{:,,l.:,..+�•.:<
Y y Gardner had sent a
letter to the Chamber of Commerce in which language was used that could be Yt
construed as a "commitment" on the part of the City for funds before the Council ''
Members had had an opportunity to give their input into the matter. He recommended
that in the future the Council be informed before similar correspondence is sent.
` 6
,•t
Yl�,x J�c a�,,�,�"!?tjc'r 1�.`F��,7i a�-jZ?�'P'i i(•q'.'�ti t t'F';4•�!.�Y?.K;.•.2t S�.��'f lYr�...rT�:a`'..{'r;w lK.t L5i,.1�::l�'�H a";v.7. ..1" N :v<a�.j xv'"r r•+•,
�,ll 4
R tC A415"C.; /
'(^rSy",� .!. v nom..--.,.:✓'. .J t y
r
,' 1
t
102
REGULAR COUNCIL. MEETING, JANUARY 9, 1995
Bill 94-160 was read third time 'by title, placed on final passage and passed by the
following vote as Ordinance 12213:
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges, and Wrigley
Nay: Nonej^°
Bill, sponsored by Councilman Green, entitled:
l4 LYOti jf:
AN ORDINANCE OF THE CITY OF JEFFERSON, ACCEPTING AND f'>f
MISSOURI, '.-
APPROVING THE PLAT OF CENTRAL MISSOURI MEDICAL PLACE SUBDIVISION, A
SUBDIVISION OF-THE CITY OF JEFFERSON. f"``` r`'
Bill 94-161 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12214:
Aye:, Barnicle Bertel, Byrd, Estes-Benward F Green, Haake Halsey,
Jackson, Nilges, and Wrigley
Nay: None
Bill 94-162, sponsored by Councilman Byrd & Bertel, entitled: I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN '
PROPERTY TO BE SURPLUS, AUTHORIZING ITS CONVEYANCE TO THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION.
Councilmen Byrd & Bertel requested that' Bill 94-162 be placed on the Informal
Calendar and requested that Parks and Recreation Director Bill Lockwood furnish the
Council with more information on the matter.
Bill"94-�63, sponsored by Councilman Haake, entitled:
1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT ! •``','f t'"'
WITH 'THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR
),N,.^,�`•::ill;:"�; :;
FUNDING OF UPDATING AIRPORT MASTER PLAN.
Bill 94-163 was read third time by title, placed, on final passage and passed by the
following vote as Ordinance 12215• g;rr':�rt.t�;�t'`"'`
Aye: Barnicle Bertel Byrd- Estes-Be Haake
nward Green, Halsey, �w•¢
Jackson Nilges and Wrigley
Nay: None
.,-..—.... .— .............:... _ _ .•� _ __
�, i',t{51 �r..,} ...i, ih.,t't Si331$ �if'I!e?^�'ri":i, �3•ow`.��J�t .
y.' .t.,tYi iii.ii>l���h.11"�•'" f"�k ''�k/>;
i � ., _,... fr.. .u,E t{P!' cri♦ r.§,�„�tt 7 s1�j.{,r{z
,�/,� t ^ _,.,,,�...� '� r 'f r'}f ay'➢.1 slr Z_��n��'xr{� L♦ r«�, ' ..rj.
1, s..� 1 # _. Y>Y!{^Y�Aw i�{j'r��,y�.,S:nVY'+:• �{��. r•'�
• t
Y.
103
REGULAR COUNCIL MEETING, JANUARY 9, 1995
dill 94-164, sponsored by Councilman Bertel, entitled:
I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
12-23 OF THE CODE OF THE CITY OF JEFFERSON, BY REMOVING THE
RESTRICTION ON APPOINTED CITY OFFICIALS RUNNING FOR MUNICIPAL
OFFICE,
Bill 94-164 was read third time by title. Councilman Bertel explained the reason for "
sponsoring onsorin this bill was to allow ersons serving n Cit bboards a nd commissions to
run for City elective office and remain in those volunteer positions once they have
declared their candidacy. Councilmen Green and Wrigley stated they did not perceive ;.
there had been a problem with this in the past, and felt that such a bill was not
necessary. Following a lengthy discussion by Council members on both sides of the
issue, Bill 94-164 was placed on final passage and defeated by the following vote:
Aye: Barnicle, Bertel, Halsey, Jackson, and Nilges,
Nay: Byrd, Estes-Benward, Green, Haake, and Wrigley
Mayor votes "Nay" to break the tie.
Bill 9�4-165_, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, SUBMITTING TO THE VOTERS A
CHARTER AMENDMENT WHICH WOULD PROHIBIT FRINGE BENEFITS,
INCLUDING HEALTH AND RETIREMENT BENEFITS, FOR THE MAYOR AND
MEMBERS OF THE COUNCIL.
Bill 94-165 was read third time by title. Councilman Barnicle recommended that before
this bill is passed, a group of people be appointed to study the issue in-depth, and that
the group contain at least five former Council Members. Following further discussion,
Councilman Green called for the question; call for the question was approved. Bill
94-165 was then placed on final passage and passed by the following vote as
Ordinance 12216: !'
r_.
Aye: Bertel, Byrd, Estes-Benward, Green, Haake, Nilges, and Wrigley
Nay: Barnicle, Halsey, and Jackson
FO .
I... ........:.. fAL.IAII» iN.UAR...................:..........:.::.:::::::.. ......:,.................. .............:.............................................
NIMBI
,::•... . .,, :..
Bill , sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING AND
PROHIBITING FRINGE BENEFITS FOR MAYOR AND COUNCIL MEMBERS, AND
REPEALING ORDINANCE NUMBERS 12177 AND 12178.
Councilman Halsey requested that Bill 94-145 remain on the Informal Calendar.
ii;i'.'!�:%4�i itY' ^,Ir ;.P'r�a.�.,.,. r�"i.`'..' !'t" ;'£;>, 1: :r,' 'L •M,v.,.:.. .;,+ ;,'»*•".,.,. „ -,i � f'.. ..
SI'����l�H��Dii�J r,�Y�J'M,.4tfy., Jl:4,.,dy✓">M 1!.faP;.k.,C;.SI'y.:`.k t1 ��, ., o.T ri{ JI (`: Jr, _ s+ x,r- r.��.,,}. ..'4�',•—,df.t.dr; t'"ve.,;f f., tt'.A.a t.::sz iiier ,4�. r •ts�..
r1r •,r. vt��.;,� rtY t,q^t ....?;t'Z c a. .,a '¢ .:t 1. J e � a 3'nti� -'1°�4�t�s �f y�.J �i� th 4 ! ,�j
I .. ..... ...... ...,r ..""".'':..i't•1•.m•:ire .
104
,REGULAR COUNCIL MEETING, JANUARY 9, 1995
Bill 94-157, sponsored by Councilmen Barnicle, Estes-Benward and Jackson, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
BY CREATING A NEW ARTICLE IVA, HOME OCCUPATIONS, BY ADDING AND
MODIFYING .DEFINITIONS AND BY DELETING HOME OCCUPATION AS A ,;: .
CONDITIONAL USE FROM CERTAIN ZONING CLASSIFICATIONS. fir,;:•:'
Councilman Barnicle requested that Bill 94-157 be removed from the Informal Calendar t„+fir; ; :• ' •
at this time, and moved to offer a substitute bill at this time, seconded by Councilman
Green. Councilman Wrigley called for a point of order that if Council votes on the
substitute, they bar any amendments to the substitute; Council -has to deal with the r•.
amendment as a standing amendment to the original bill. City Counselor Allen Garner
stated that on a motion to substitute the entire bill, you cannot make amendments to the
tendered substitute Until after you either adopt it as the substitute, or reject it. -Once it
is adopted as the substitute bill, it becomes the bill on the floor and it still has not been
passed, but rather Council has indicated that this is the bill which may be amending
from this point forward"in the proceedings. Councilman Wrigley stated he still wished a
ruling from the Chair on his point of order. Chair ruled that the bill is not being
accepted as passed, but being accepted as a substitute, and the substitute then
becomes subject to further discussion and amendments before it is placed on final ( i
passage. The motion to accept Councilmen Barnicle's and Green's bill as a substitute •..� •
for the original bill was then approved. Councilman Wrigley stated he objected to-the
handling of the bill because he believes that Council legally prohibited itself from
making amendments. Councilman Wrigley moved that substitute Bill 94-157 be "
amended as follows:
I
I. Page 4, line 10, amended by adding after the word "use" the following language:
"Provided, however, that if an applicant supplies the information requested in Sec. 35-28
a rebuttal presumption exists and the city staff-shall,issue a business license to the
applicant unless readily available contrary facts at the time of the riling are made known
to the city staff." '
2. Page 4, line 20, amended by inserting after the word 'Occupations"the following: "in
an expedited manner at the next regularly scheduled meeting within thirty-five days of the
appeal that has been filed with,the appropriate city staff
Councilman Haake seconded the motion to amend. Following further discussion, Mr.
Doug Vancamp approached the gallery microphone and requested to be allowed to
speak due to the fact that previous discussions had contained numerous references to
him by name, and he felt he should have an opportunity to answer for himself.
Councilman Wrig ley ob j ected to request; Mayor Gardner reminde d
Council that it is
their prerogative to grant such a request.; The request was granted by the following `''
, r
roll-call vote:
Aye: Byrd, Estes-Benward, Green,. Halsey and Nilges
Nay: Barnicle, Bertel, Haake, Jackson'and Wrigley
f4,,
Mayor voted "Aye" to break the tie
Y
S .
' F
r
,4
105
REGULAR COUNCIL MEETING, JANUARY 9, 1995
Mr. Vancamp then expressed his disagreement with Mr. Wrigley's amendment which he
believed would place the burden of proof on residents rather than the license applicant. .,
Following discussion, Councilman Wrigley requested permission to confer with City EE
Counselor. Allen Garner to obtain suggested language which would address some
concerns expressed with his amendment. Councilman Wrigley then moved, seconded �
by Councilman Haake, to amend his amendment as follows:
1. Page 4, line 10, amended by adding after the word "use" the following language:
"Provided, however, that if an applicant supplies the information requested in Sao.-3548 ;
Article IVA a reputtal presumption exists and the city staff shall issue a business license
to the applicant unless readily available contrary facts at the time of the riling are made
known to the city staff."
2. Page 4, line 20, amended by inserting after the word "Occupations" the following: It```;, •.";:...
"shall be handled in an expedited manner at the next regularly scheduled meeting after
the appeal that has been riled with the appropriate city staff .<•::,..
which can comply with statutory notice requirements." .
The amendment to the amendment was then approved with Councilman Green voting
! "Nay." The amendment, as amended, was then approved by a unanimous roll-call
vote. The substitute bill, as amended, is now on the floor. Councilman Jackson called
for the question. Call for the question was approved. Substitute Bill 94-157 was then
l passed, as amended, by the following roll-call vote as Ordinance No. 12218: ,
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey,
Jackson, Nilges, and Wrigley
Nay: None
M.
RS94-34, Supporting Continuation of Passenger Rail Service, sponsored by
Councilmen Halsey, Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Jackson,
Nilges and Wrigley. Councilman Wrigley moved for adoption, seconded by
Councilman Byrd, and approved.
RS94-35, Policy On Extension of Sanitary Sewer Services Outside City Limits, .;:;.:;
' sponsored by Councilmen Green, Halsey, Barnicle, Bertel, Byrd, Estes-Benward, r '
i
Haake, Jackson, Nilges and Wrigley. Councilman Wrigley moved for adoption, 3
seconded by Councilman Bertel, and approved,
,p`'' ry. ,,:.,..;n•r w,�,•....;, r;r; ,.y`a• ^i"ti,J..i's •.57�'r '.'f 'ry"'J:; n. ' p '1] r . ,
- 1 5 ,.r ,5 idi•s;. •«.P?+'":.�! •S .:Y. ,i 1 k a. ,17F c„S }"•�i {: ti.yy ri:{:4'%j't, -. k" ' a
f,• F!@>3+�?Air�'21°I.vi ••kli'vs•. ,( y�"r K�.'d. t gf�'a,N w,('�i l...i•l I p w1`'�i'• ,+p : ( Y "sis a s y��i f,.1.7:1. w 1.Y 4 r }xa t a'!s'r�",.r1V��tk ��'q.s_.�z t 'S i:. f�,Y� t t
J �)����', ,. ��T 1;:�4, aF7 C�l��SF�'T1�,V�'7ot•.'1.•'�rsifh5s�j4'�.*'i'`•+N��i"f.ti5?wJ,ar„`'.h 4�!C.Ra >�}y.45q.ei�t ,t5#•4rt�Y 3fi�d:�✓(r,tt+. ,F.'J.(5�„cYAt"f%� rP,,t1'}�}. Np���w?n 1�y'"
!l f
Vii.
106
REGULAR COUNCIL MEETING, JANUARY 9, 1995
MAPN.
�?:Ca
There were no Council liaison reports at this time.
E ;11X
... ..................:.... ............ ..
............. .. . .. .. ... . ...
�a
There was no unfinished business brought up at this time.
MX :nip•.` 1..
:i::::::::: r#<.`•r:: :$i>: i:`• :i: ::>::3? ::%>:•`:i:: ::%: ::::#: :: :: ::::::: ::r.r.'?zY•> >::::;:s:•;>::•;;:•::.•::r•::::::::,;:......
.�.T!1;�.#71'In............::.:...:............ ....... .. ...... ... .. ..
Selection process for new City Administrator: Councilman Bertel moved to extend
the deadline for accepting applications for City Administrator to April 7, 1995, seconded
by Councilman Wrigley, and approved. Councilman Wrigley moved to approve the
proposed selection process, as amended, seconded by Councilman Bertel, and
approved.
Councilman Wrigley announced his resignation as Councilman effective January 31,
1.995, due to the fact• that he will be moving to a new home outside the City. He
expressed his gratitude for the experiences gained and the friendships formed as a
result of his service on the Council. , Councilman Wrigley stated his last Council
meeting will be January 23, 1995.
Councilman Barnicle announced his resignation-as Councilman due to the fact that he
has accepted a position in independence, Missouri, and his family will begin moving
the next day, January 10. He also expressed his sentiments regarding the favorable
memories of his experience as a Council member.
Councilman Halsey stated he hoped the Council would avoid the controversy in `-
choosing replacements for Councilman Wrigley and Councilman Barnicle that it }
experienced in replacing the late Councilman Tom Benton. Mayor Gardner reminded { ,
the Council o0he procedure for choosing Council replacements and stated she wished i
the process to go as smoothly as possible.
I
�a��RON A <p X l ` t ;SESSIbN IN IT.:...... :...
Councilman Nilges moved that the Executive Session minutes of Dbcember 19, ,1994, k "`
be approved, seconded by Councilman Byrd, and approved.
• �.`�Lj :" t`k%§Vii. .'!{.
5t.
• ,i'yr'a;vi, '�
S
4.fl.,*p ,.ty��� t
-!5� 4r'.JP4'•a
107
REGULAR COUNCIL MEETING, JANUARY 9, 1995
::. ....... ...... . .
< : ><
{
Councilman Byrd moved that the Council go into Executive Session for the purpose of
discussing Real Estate, Litigation, and Personnel, seconded by Councilman Bertel, and
approved by the following roll-call vote at 8:50 P.M.:
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, anda ,,,. p':�}
Jackson
Nay: Nilges, Wrigleyxv '''`'4"
PRESENT:
Mayor Louise Gardner .
�. Councilman Tony Barnicle
Councilman Mary Bertel
Councilman Bill Byrd ;t1:
Councilman Mary Estes-Benward
i Councilman Jerry Green
Councilman James Haake
Councilman Randy Halsey
Councilman Charles Jackson
- t
71 ,
Councilman Rick Nilges
ABSENT:
*Councilman Chris Wrigley
STAFF,PRESENT:
Dave Johnston, City Administrator
City Counselor Allen Garner
City Clerk Phyllis Powell
The following actions were taken:
Litigation Fl,t }r
J' r 'City Counselor Allen Garner briefed the Council on the status of the Chandra Russell
litigation. Councilman Estes-Benward moved, seconded by Councilman Jackson, toN , rrF
settle the case for the payment of approximately $3,242.94, with no interest to be paid.
Motion was approved unanimously.
OtRaw"",
,7t tr . s t q%tsi sk M aA4 wt iMR
S