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HomeMy Public PortalAbout19950123REGULAR COUNCIL MEETING, JANUARY 23, 1995 CALL TO ORDER The Regular Council Meeting of January 23, 1995, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by City Clerk Phyllis Powell, followed by the pledge of allegiance. ROLL CALL The following Council Members were present for roll call: Present:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Jackson, Nilges, and W rigley Absent: *Halsey A quorum was declared present. PUBLIC HEARING A public hearing was held on Bill 94-177, Designation of one-way street on Chestnut Street between Atchison & Dunklin: No one present wished to speak on this issue. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of January 9, 1995, Council Meeting b)Approval of JCTV Contract Renewal c)Bid 1514 - Missouri River Force Main Project, Public W orks d)Bid 1521 - Uniform Rental Service, All City e)Conditional Use Permit for Part of Ten-Foot Alley Behind First Methodist Church f)Conditional Use of Right-of-Way on Ford St. off Ellis Blvd. g)Appointment of Chief Gary Kempker as Interim City Administrator h)Appointments: Board or Commission Appt Reappt Name Replaces Term Ends Historic PreservationCommission X Kevin Meinhardt 12/97 Historic PreservationCommission X Jerrold Scarlett 12/97 Historic PreservationCommission X Robert Hawkins Mary Ann Caplinger 12/97 USS Jefferson City Committee X John Blosser 12/97 JSS Jefferson City Committee X Robert D. Petersen Charles McGeorge, dec'd 6/96 Police Personnel Board X Dick Moore Duane Schreimann 6/96 Mayor Gardner requested that the Council consider Item (g) separately at a later time in the meeting. There were no objections to the request. REGULAR COUNCIL MEETING, JANUARY 23, 1995 *Councilman Halsey arrived at this point in the meeting. Councilman Haake moved that the Consent Agenda be approved, with the exception of Item (g), seconded by Councilman Bertel, and approved. MINUTES/REPORTS RECEIVED AND FILED Mayor Gardner stated that the following minutes/reports have been received and are on file in the City Clerk’s office: Transportation & Traffic Commission, 1/15/95; Board of Adjustment, 12/13/94; Public W orks & Planning Committee, 1/12/95; Financial Report for 12/94; Budget Amendment Report for 12/94; Report from Finance Director on City Investment Practices BILLS INTRODUCED Bill 94-177, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE D (ONE-W AY ROADW AYS), SUBSECTION (B), (OTHER ROADW AYS); AND SCHEDULE A (SPEED LIMITS), SUBSECTION (G), (TW ENTY MILES PER HOUR), PERTAINING TO A PORTION OF CHESTNUT STREET. Bill 94-178, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE V (DISABLED PARKING SPACES), PERTAINING TO A PORTION OF EAST MILLER STREET AND EAST MCCARTY STREET. Bill 94-179, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH BURNS AND MCDONNEL FOR ENGINEERING W ORK RELATED TO THE ALGOA SEW ER PROJECT. Bill 94-180, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH MICHELS CONSTRUCTION TO CONSTRUCT PIPE UNDER THE MISSOURI RIVER. Bill 94-181, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH CAPITAL CITY W ATER COMPANY FOR SEWER BILLING SERVICES. REGULAR COUNCIL MEETING, JANUARY 23, 1995 Bill 94-182, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 12179, THE 1994-95 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY CHANGING CERTAIN POSITIONS PERTAINING TO THE PUBLIC WORKS DEPARTMENT W ITHIN THE PERSONNEL SCHEDULE OF FULL-TIME POSITIONS. Bill 94-183, sponsored by Councilmen Bertel, Byrd, Estes-Benward, Green, Haake, Jackson and Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT W ITH BECKER GAMING GROUP. Bill 94-184, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH TODD UNIFORM OF MISSOURI FOR UNIFORM RENTAL. Bill 94-185, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF AN ALLEY PARALLEL TO CAPITOL AVENUE AND EAST-W EST ALLEY BETWEEN CAPITOL AVENUE AND HIGH STREET, MONROE STREET AND ADAMS STREET. Bill 94-186, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A THIRTY-FOOT DRIVEW AY LOCATED IN STRONG-THARP SUBDIVISION. Bill 94-187, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN OUTLOT VI, W AL- MART SUPERCENTER. Bill 94-188, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-W AY FOR A PORTION OF SEVEN HILLS ROAD. Bill 94-189, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1994- 95 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS W ITHIN THE W ASTEW ATER FUND. BILLS PENDING REGULAR COUNCIL MEETING, JANUARY 23, 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. Councilman W rigley asked questions of Councilman Nilges and Data Processing Coordinator John Butler regarding the need for the proposed equipment purchase. Following discussion, Councilman Nilges agreed to Councilman W rigley’s request to table the bill until more information could be obtain which would verify the need for such equipment. 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 W ITH THE MISSOURI HIGHW AY AND TRANSPORTATION DEPARTMENT FOR PEDESTRIAN BICYCLE FACILITIES. Bill 94-167 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12219: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-168, sponsored by Councilmen Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 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. Bill 94-168 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12220: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, and Nilges Nay:None Abstain:W rigley Bill 94-169, 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 HIGHW AYS), BY THE ADDITION OF A PORTION OF COMMERCIAL AVENUE. Bill 94-169 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING, JANUARY 23, 1995 vote as Ordinance 12221: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-170, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT W ITH DIAMOND FENCE FOR THE INSTALLATION OF CHAIN LINK FENCING AT THE W ASTEW ATER TREATMENT FACILITY AND AT W OODLAND/FAIRVIEW CEMETERIES. Bill 94-170 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12222: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-171, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH APLEX, INC. FOR EASTLAND DRIVE INTERCHANGE SEWER RELOCATION PROJECT. Bill 94-171 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12223: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-172, 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 W ASTEW ATER PUMP STATION ELECTRICAL IMPROVEMENTS AND TELEMETRY SYSTEM PROJECT. Bill 94-172 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12224: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-173, sponsored by Councilmen Nilges, entitled: REGULAR COUNCIL MEETING, JANUARY 23, 1995 AN ORDINANCE GRANTING TO DIGITAL TELEPORT, INC. A LICENSE TO CONSTRUCT, OPERATE, MAINTAIN AND REPLACE COMMUNICATION TRANSMISSION LINES IN AND UPON CERTAIN PUBLIC ROADS, RIGHTS-OF-W AY 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. Bill 94-173 was read third time by title and placed on final passage. Councilman Jackson moved that Bill 94-173 be amended as follows: Section 2 shall be amended by the addition of a new subparagraph B), and the renumbering of subsequent subparagraphs accordingly. The addition shall read as follows: B)City reserves the right, in its sole discretion, to terminate and cancel the license and all rights and privileges of the License in the event of the occurrence of any of the following: 1.Grantee substantially violates any provision of the License; 2.Grantee becomes insolvent, unable or unwilling to pay its debts or any fees, charges or any sum of money owed to City; 3.Grantee is adjudged bankrupt; 4.Grantee materially misrepresents a fact in the application for, negotiation of or administration of the License; 5.Upon the conviction of any director, officer, employee or agent of Grantee of the offense of bribery, fraud or extortion in connection with or resulting from the awarding of the License. Nothing in the License shall preclude termination of the License at any time by mutual agreement of both City and Grantee. Motion to amend was seconded by Councilman Byrd, and following discussion, motion was approved. Councilman Jackson moved to further amend Bill 94-173 as follows: A new Section 18 shall be added, and the following sections renumbered accordingly. The new section shall read as follows: REGULAR COUNCIL MEETING, JANUARY 23, 1995 SECTION 18. LIABILITY. The parties mutually agree to the following: (a)In no event shall the City be liable to the Grantee for special, indirect, or consequential damages, except those caused by the City’s negligence, arising out of or in any w ay connected with a breach of this contract. The m axim um liability of the City shall be limited to the amount of money to be paid or received by the City under this license. (b)The G rantee shall indem nify, and hold the City harm less from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the acts, errors and omissions of Grantee for which they would be otherwise legally liable, arising out of or in any way connected with this license. Motion to amend was seconded by Councilman Green, and approved. Councilman Jackson moved to further amend Bill 94-173 by amending Section 12, Bond, pertaining to the item of “common consent,” because the Licensee will not be able to obtain a bond for period greater than one year, and it should be changed so that it would be renewed, or the Licensee will give the City some assurance that it can meet the conditions of the $10,000 bond if the bond is not posted; the ten-year period would be changed to one- year, and would be renewed annually during the license period. Motion was seconded by Councilman Halsey, and approved. Councilman Green moved to further amend Bill 94-173 by the addition of language to Section 8 as follows: SEC T IO N 8. LIC ENSE P AYM ENTS T O C ity O F JEFFERSO N C ity. In addition to all other fees and perm its required by this ordinance or other applicable City ordinances, licensee shall m ake quarterly paym ents to the City of an annual fee in the am ount that is the greater of (a) $500.00 or (b) the total of (i) five percent of the gross revenue derived from all licensee's services originating within the City. Service shall be defined as the provision or offering of, special access or private line telecomm unications services by licensee (either directly or as a carrier for others) to persons by m eans of this system , or other services authorized to licensee by the public service com m ission. D igital T elep ort, In c. w ill sup ply to the City on a yearly basis the necessary inform ation that w ould be required to determine the percentage of revenue derived from their operations in the City of Jefferson. Motion was seconded by Councilman Bertel. Following discussion, Councilman Green stated he wished to change his amendment as follows: Digital Teleport, Inc. w ill supply to the City on a yearly bi-annual basis the necessary information that would be required to determ ine the percentage of revenue derived from their operations in the City of Jefferson. REGULAR COUNCIL MEETING, JANUARY 23, 1995 Councilman Bertel, as second to the motion, agreed to the requested change. Motion to amend was then approved. Following a question of Allen Garner concerning dig rights, a representative of Digital Teleport requested permission to speak to the question. Councilman W rigley called for a point of order and objected to the speaker from the gallery during discussion of a bill. The request to speak was then approved by the following roll-call vote: Aye:Bertel, Byrd, Green, Haake, Jackson and Nilges Nay:Barnicle, Estes-Benward, Halsey and W rigley Mr. Richard D. W einstein, President of Digital Teleport, Inc., answered Councilman Green’s questions. Bill 94-173 was then approved, as amended, by the following roll-call vote, as Ordinance 12225: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 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 W ITH UNION PACIFIC RAILROAD FOR UNDERGROUND PIPELINE CROSSING OF RAILROAD. Bill 94-175 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12226: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None Bill 94-176, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT W ITH UNION PACIFIC RAILROAD FOR W IRELINE CROSSING OF RAILROAD. Bill 94-176 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12227: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, REGULAR COUNCIL MEETING, JANUARY 23, 1995 Jackson, Nilges, and W rigley Nay:None I NFORMAL CALENDAR Bill 94-145, 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 be removed from the Informal Calendar and placed on final passage. Bill 94-145 was read third time by title. Councilman Halsey moved to amend Bill 94-145 according to the amendment which was distributed to the Council in the January 20 Council Packet. Motion to amend was seconded by Councilman Haake. Councilman Bertel stated that she felt that adding the additional election propositions included in this bill would confuse the voters at the ballot box. Following further discussion, the motion to amend was approved by the following roll-call vote: Aye:Barnicle, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson and Nilges Nay:Bertel and W rigley Bill 94-145, as amended, was then approved by the following roll-call vote, as Ordinance 12228: Aye:Byrd, Green, Haake, Halsey, Jackson, and Nilges Nay:Barnicle, Bertel, Estes-Benward and W rigley Bill 94-162, sponsored by Councilman Byrd & Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS, AUTHORIZING ITS CONVEYANCE TO THE MISSOURI HIGHW AY AND TRANSPORTATION COMMISSION. Councilmen Byrd requested that Bill 94-162 be removed from the Informal Calendar and placed on final passage. Councilman Green requested that in the future when the City is granted property from an estate, etc., and the property is then disposed of, an independent attorney render the opinion as to the disposal of the property rather than the City’s staff attorney. Bill 94-162 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12229: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges, and W rigley Nay:None COUNCIL LIAISON REPORTS REGULAR COUNCIL MEETING, JANUARY 23, 1995 There were no Council liaison reports at this time. UNFINISHED BUSINESS Councilman W rigley commented on the memo from City Counselor Allen Garner regarding a violation of Robert’s Rules of Order which occurred at the January 9 Council Meeting. Councilman Halsey requested that Dave Johnston, City Administrator, give the Council his opinion on the best way to utilize some of the 1/2 cent sales tax money. He felt some of it should be used to improve some of the streets in the older areas of the city. He requested Mr. Johnston’s report be given to Council before he leaves his position in February. Councilman Estes-Benward requested that appointments to the Environmental Quality Commission be made. She stated that two persons, Don Connor and David Overfelt, have written and offered to serve on that commission, and recommended that they would be excellent candidates. NEW BUSINESS Fire Station No. 4 Recommendation: Councilman Green moved that the addition to Fire Station No. 4 be taken from the $160,000 account which was previously budgeted for ladder fire truck refurbishment, to be paid for by sales tax funds. Motion was seconded by Councilman Bertel. Dave Johnston, City Administrator, reminded Council Members that no report had yet been received regarding the necessity for he ladder fire truck refurbishment, and that there is a possibility that it will be determined after the report that the money is still needed for that project. The motion was then approved. Councilman Green suggested that a snow removal policy be placed in effect so that, after the streets themselves have been opened, snow will then be moved in such a way along the curbs to create parking spaces along the streets. Public W orks Director Marty Brose responded by saying that the City does not have either the manpower or the equipment to do that. Councilman Green requested that Mr. Brose compile a list by the next Public W orks meeting of all the areas where citizens have to park on the streets. After discussion, Mr. Green stated that he planned to drive around himself and look at areas that have that problem. Mr. Brose asked that if any citizens were aware of any streets in the City that had not been plowed at all, they should call City Hall and he would take care of the matter. Mayor Gardner commended the staff at City Hall for the manner in which they answered the numerous telephone calls and complaints regarding snow removal, as well as the Street Division for their hard work to clear the streets as quickly as possible. She stated that many of the staff had worked 36-hour shifts plowing streets. Councilman Green stated he had received a letter and plaque from the Commander of REGULAR COUNCIL MEETING, JANUARY 23, 1995 Submarine Squadron 11 in San Diego Harbor thanking the City for its hospitality to the Commodore of the San Diego Base Fleet during his visit last November. Councilman Green presented the plaque and asked that it be displayed in the trophy case. APPROVAL OF EXECUTIVE SESSION MINUTES Councilman Green moved that the Executive Session minutes of January 9, 1995, be approved, seconded by Councilman Bertel, and approved. SPECIAL PRESENTATION Mayor Gardner presented a key to the City to Councilman Chris Wrigley and extended, on behalf of the City Council and the City as a whole, best wishes as he vacates his seat as Third W ard Councilman tonight. Mayor Gardner asked Councilman Barnicle at this time if he had any further information as to when he will be leaving his Council position. Councilman Barnicle stated he will keeping his residence in the City and continue to serve on the Council until spring. INTERIM CITY ADMINISTRATOR DISCUSSION: Mayor Gardner referred the Council to the memo from her which was distributed to the Council before the meeting began. In it, she summarizes the responsibilities of an interim city administrator (as taken from the Charter and the Code of the City) as requested by Councilman Nilges. After lengthy discussion, Councilman Halsey moved that the Mayor and Councilman Green, as President of the Council, serve in the capacity of interim city administrator, seconded by Councilman Barnicle. Councilman W rigley called for a point of order, in that Section 5.2(a) of the City Charter would prohibit the Mayor to serve as interim city administrator. Chair ruled in favor of Councilman W rigley’s point of order. Both Mayor Gardner and Councilman Green stated they would not wish to serve in any way as interim city administrator, and requested that Councilman Halsey and Councilman Barnicle withdraw their motion and second respectively, to which Councilmen Halsey and Barnicle agreed. Councilman W rigley then called for the question (to accept responsibilities of the interim city administrator as set out in the Charter and Code), call for the question was approved. Councilman Bertel moved that the duties of the interim city administrator extend from February 1, but not beyond April 18. Motion was seconded by Councilman Halsey. Councilman Jackson moved to amend the motion by changing April 18 to June 30 with the stipulation that the date could be further extended as Council and Mayor so desired. Councilman Jackson’s motion was seconded by Councilman Byrd. Councilman Jackson called for the question. Call for question was approved. with Councilman W rigley voting “Nay.” Councilman Jackson’s motion to amend was then defeated by the following roll- call vote: Aye:Bertel, Estes-Benward and Jackson Nay:Barnicle, Byrd, Green, Haake, Halsey, Nilges and Wrigley REGULAR COUNCIL MEETING, JANUARY 23, 1995 Councilman Bertel’s original motion was then defeated by the following roll-call vote: Aye:None Nay:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and W rigley Councilman Haake moved to approve the appointment of an interim city administrator until a full-time city administrator is on board, seconded by Councilman Byrd, and approved. Mayor Gardner nominated Police Chief Gary Kempker as interim city administrator. Councilman Byrd moved to accept the Mayor’s nomination, seconded by Councilman W rigley, and approved. Councilman Estes-Benward moved to approve the Mayor’s recommended salary increase of $750 per month to Chief Kempker during his tenure as interim city administrator, seconded by Councilman Bertel, and approved. EXECUTIVE SESSION Councilman Byrd moved that the Council go into Executive Session for the purpose of discussing Real Estate and Litigation, seconded by Councilman Bertel, and approved by the following roll-call vote at 10:10 P.M.: Aye:Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and Jackson Nay:Nilges, W rigley REGULAR COUNCIL MEETING, JANUARY 23, 1995 ACTIONS TAKEN IN EXECUTIVE SESSION PRESENT: Mayor Louise Gardner Councilman Tony Barnicle Councilman Mary Bertel Councilman Bill Byrd Councilman Mary Estes-Benward Councilman Jerry Green Councilman James Haake Councilman Randy Halsey Councilman Charles Jackson Councilman Rick Nilges Councilman Chris W rigley STAFF PRESENT: Dave Johnston, City Administrator City Counselor Allen Garner City Clerk Phyllis Powell Mayor Gardner called the meeting to order at 10:20 P.M. Litigation City Counselor Allen Garner briefed the Council on the status of the Bert Munson vs. City of Jefferson case. Councilman Green moved to settle for not more than five thousand dollars ($5,000), provided Gary Kempker and Ray Bledsoe are dismissed from the suit and the City is held harmless from further action. Motion was seconded by Councilman Bertel and approved unanimously.