HomeMy Public PortalAbout19950206REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
CALL TO ORDER
The Regular Council Meeting of February 6, 1995, 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.
ROLL CALL
The following Council Members were present for roll call:
Present: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
Absent: None
A quorum was declared present.
Councilman Halsey requested a point of personal privilege. Request was approved.
Councilman Halsey stated he wished to publicly apologize for a statement made by
Councilman Wrigley at the January 23, 1995, Council meeting in which a statement was
made as follows: "If it isn't political, I'm a China man." Councilman Halsey moved that the
Council as a whole go on record apologizing to the general public, and specifically to
persons of Chinese heritage for this statement, motion was seconded by Councilman
Haake, and approved unanimously.
PRESENTATIONS FROM THE GALLERY
Mayor Gardner recognized Boy Scout Troop 2 of the First Presbyterian Church, and
their leaders Kyle Kittrell and Larry Twehous.
Resolution RS94 -35 (passed by Council January 9, 1995) - Three Rivers Electric
Delegation - Policy On Extension of Sanitary Sewer Services Outside City Limits.
Mr. Walter Ryan, Manager of Three - Rivers Electric, was present and asked the Council
to reconsider its action on Resolution RS94 -35 and presented information pertaining to the
economic impact the resolution will have on his company.
Also present to speak on the subject were: Mr. Mark Comley, 1819 Brookside Blvd., on
behalf of the Westside Fire Protection District, Kent George, 720 Wicker Lane, on behalf
of his construction company.
Councilman Jerry Green stated that the Council would not disregard the delegation's
concerns and that everything would be done to try and work with the parties.
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
CONSENT AGENDA
The Consent Agenda consisted of the following items:
a) Minutes of January 23, 1995, Council Meeting
Councilman Green moved for approval of the Consent Agenda as presented, motion
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:
Plumbing Board, 1/25/95; Historic Preservation Commission, 10/25/94 & 11/22/94; City
Administrator's Annual Report for 1994
ANNOUNCEMENTS BY MAYOR
Mayor Gardner read a letter from Jerod Romine, who is eleven years old. The letter
commended the Public Works Department Street Division for their hard work and efficiency
during the heavy snow storm the city experienced two weeks ago.
Mayor Gardner referred Council to the following information in their packets:
A letter from the Missouri Housing Development Commission regarding a sixty -unit
development which would be located on W. Hwy. 54 and south of Stadium Drive.
Minutes of Missouri Municipal League meeting of a group of cities pertaining to Amtrak.
A memo from Bill Johnson regarding the amount of funds spent on the Amtrak Kansas City
to St. Louis service, and testimony from Debra Hare, Director of Communications of
Amtrak Intercity Rail Service, from a joint committee meeting before the Missouri General
Assembly.
Appointment to Tax Increment Finance Commission: James P. Cox, replaces Larry
Vincent (term to end 4 -96).
Mayor Gardner reminded the Council and the public of the reception in honor of Dave
Johnston, City Administrator, on Thursday, February 9, 4:00 - 5:30 at City Hall, and
extended an invitation to attend.
Mayor Gardner presented an award to the Jefferson City Convention and Visitor's Bureau
from the 1995 Missouri Travel Council Association for outstanding and dedicated service
to the Missouri tourism industry. Linda Hunter, Executive Director of the CVB, as well as
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
Carla Brown and Melody Welschmeyer, were present and Carla Brown accepted the award
on behalf of the CVB.
BILLS INTRODUCED
Bill 94 -190, sponsored by Councilman Estes - Benward, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE
NO. 12216 PERTAINING TO FRINGE BENEFITS , INCLUDING HEALTH AND
RETIREMENT BENEFITS, FOR THE MAYOR AND MEMBERS OF THE COUNCIL,
WHICH WAS ENACTED BY COUNCIL ON JANUARY 9, 1995.
Councilman Estes - Benward requested suspension of the rules so that Bill 94 -190 could
be placed on final passage. Councilman Halsey and Councilman Bertel objected to the
suspension of the rules. Rules were not suspended.
Bill 94 -191, 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, 1994, AND TO REBUDGET REVENUES.
Bill 94 -192, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SUBSURFACE
ENGINEERING FOR SOILS INVESTIGATION.
Bill 94 -193, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE
FINANCE DIRECTOR AS THE OFFICIAL DESIGNATED REPRESENTATIVE TO THE
STATE EMERGENCY MANAGEMENT AGENCY (SEMA) AND TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA).
BILLS PENDING
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 -WAY
ROADWAYS), SUBSECTION (B), (OTHER ROADWAYS); AND SCHEDULE A (SPEED
LIMITS), SUBSECTION (G), (TWENTY MILES PER HOUR), PERTAINING TO A
PORTION OF CHESTNUT STREET.
Councilman Haake requested that Bill 94 -177 be placed on the Informal Calendar. Mayor
Gardner stated that the Chair had already called for a roll -call vote before Mr. Haake made
his request and, according to Council rules, she cannot change the disposition of the bill
once a vote has been called for. Councilman Halsey moved to appeal the ruling of the
Chair to the body for approval of Councilman Haake's request to place Bill 94 -177 on the
Informal Calendar. Motion was seconded by Councilman Bertel, and approved with
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
Councilman Jackson abstaining.
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 -178 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12230:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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 WITH BURNS AND
MCDONNEL FOR ENGINEERING WORK RELATED TO THE ALGOA SEWER
PROJECT.
Councilman Jackson stated he planned to vote for passage of Bill 94 -179, but requested
information regarding the process of hiring consultants, and feels he cannot support bills
such as this in the future without that information. Bill 94 -179 was read third time by title,
placed on final passage and passed by the following vote as Ordinance 12231:
Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Jackson, and
Nilges
Nay: None
Abstain: Halsey
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 WITH MICHELS
CONSTRUCTION TO CONSTRUCT PIPE UNDER THE MISSOURI RIVER.
Bill 94 -180 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12232:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
Bill 94 -181, sponsored by Councilman Nilges, entitled:
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL CITY
WATER COMPANY FOR SEWER BILLING SERVICES.
Bill 94 -181 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12233:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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 WITHIN THE PERSONNEL SCHEDULE OF FULL -TIME POSITIONS.
Following questions by Councilman Nilges pertaining to the personnel appeals process,
Bill 94 -182 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12234:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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
WITH BECKER GAMING GROUP.
Councilman Halsey stated he did not feel it was wise for the Council to pursue this bill at
this time and that it should be tabled or voted down. Bill 94 -183 was read third time by title,
placed on final passage and passed by the following vote as Ordinance 12235:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Jackson, and Nilges
Haake and Halsey
Bill 94 -184, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TODD UNIFORM OF
MISSOURI FOR UNIFORM RENTAL.
Bill 94 -184 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12236:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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 -WEST ALLEY BETWEEN CAPITOL AVENUE AND HIGH STREET, MONROE
STREET AND ADAMS STREET.
Bill 94 -185 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12237:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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 DRIVEWAY LOCATED IN
STRONG -THARP SUBDIVISION.
Bill 94 -186 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12238:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
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, WAL-
MART SUPERCENTER.
Bill 94 -187 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12239:
Aye:
Nay:
Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
None
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
Bill 94 -188, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE RIGHT -OF -WAY FOR A PORTION OF SEVEN HILLS ROAD.
Bill 94 -188 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12240:
Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
Nay: None
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 WITHIN THE WASTEWATER FUND.
Bill 94 -189 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12241:
Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
Nay: None
RESOLUTIONS
RS94 -36 - Adopting 1995 Affirmative Action Plan (Nilges). Councilman Nilges moved for
adoption, seconded by Councilman Green, and approved.
RS94 -37 - Authorizing Gary Kempker's Signature on Bank Accounts (Nilges). Councilman
Green moved for adoption, seconded by Councilman Bertel, and approved.
COUNCIL LIAISON REPORTS
Councilman Estes - Benward requested that appointments be made to the Environmental
Quality Commission. Mayor Gardner stated that she is working on the appointments.
UNFINISHED BUSINESS
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 Nilges requested that Bill 94 -166 be removed from the table, and stated that
he and Councilman Barnicle had attended a meeting with City staff where they received
answers to their concerns, as well as information regarding the City's direction in this issue.
He moved to amend Bill 94 -166, Section 1, by deleting the phrase "shall not exceed
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
$136,000" and replacing with the phrase "shall not exceed $148,000." Motion to amend
was seconded by Councilman Bertel, and approved. Councilman Barnicle requested that
an informational technology committee be appointed by Dave Johnston, City Administrator,
which would meet on a monthly basis and include the Department Directors using this
technology.
Bill 94 -166 was read third time by title, placed on final passage and passed, as amended,
by the following vote as Ordinance 12242:
Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey,
Jackson, and Nilges
Nay: None
Councilman Nilges moved that no elected City official be permitted to utilize personnel
records without express permission of the Council or under the Sunshine Law
provision, seconded by Councilman Green. Councilman Halsey asked Allen Garner,
City Counselor to prepare an ordinance that would address this concern. Councilman
Nilges withdrew his motion, and Councilman Green withdrew his second, contingent on
the provision that Allen Garner, City Counselor, does prepare such an ordinance.
Councilman Barnicle requested that the City continue to look at the Independence,
Missouri, community involvement program and consider adopting such a program in
Jefferson City.
Councilman Green stated he had received calls from City employees regarding the
recent situation in which they were sent home in inclement weather with the
understanding they would not have to use leave to make up the time. He stated they
were dissatisfied with the fact that they were later required to use comp time or
vacation. Dave Johnston, City Administrator stated he had been the one who made the
original decision to send employees home, but later changed his decision based on
guidelines in the personnel and policy manual.
Councilman Green moved that a resolution be drafted to encourage the Chamber of
Commerce to pursue a convention center and work with all local agencies and
government entities necessary to pursue that project. Motion was seconded by
Councilman Nilges, and approved.
Councilman Nilges commented on the recent closed meeting with the County
Commission, and requested that in the future (1) the meeting not be behind closed doors,
and (2) some member of City Council be present.
NEW BUSINESS
Amtrak - Councilman Green suggested that a bus service would be less expensive than
Amtrak, and moved that City Staff be directed to pursue public transit through the bus lines
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
(east -west and north - south), and get back to the Council with their findings. Motion was
seconded by Councilman Estes - Benward. Councilman Halsey stated he felt this should
be more appropriately referred ti the Transportation and Traffic Committee, but that a time
limit should be imposed on the time period for the findings and recommendations returned
to the Council. Councilman Halsey then moved to amend Councilman Green's motion:
The Traffic and Transportation Committee review and recommend before the first meeting
in April its findings and present them to the Council as a whole. Motion was seconded by
Councilman Estes - Benward, and approved. Councilman Barnicle moved to further amend
by requiring the Transportation and Traffic Committee to go immediately to the State of
Missouri and look for emergency funds for public transportation to the City, motion was
seconded by Councilman Jackson, and approved. The original motion, as amended, was
then approved.
Inter -City Bus Service - Councilman Green moved to subsidize Sho -Me Coach Lines in
the same amount as last fiscal year as long as a majority of the participating cities and the
state agree to continue with participation. Motion was seconded by Councilman Haake. Mr.
Al Smith, 5439 Collier, was present on behalf of Sho -Me Coach Lines, and the Council
asked him to speak to the Council regarding this matter. Mr. Smith stated that the general
manager of Sho -Me plans to drop the service to Jefferson City as of February 28 if no
subsidies are provided. Councilman Jackson stated that more notice of such a decision
should be provided in the future. Councilman Green's motion was then approved.
Aerial Fire truck Refurbishment - Chief Rennick spoke about the results of the
investigation into the details of this project, and answered questions of the Council.
Councilman Nilges requested that the information be put together and presented for
Council's and Finance Committee's consideration.
Recognition of Dave Johnston, City Administrator - Mayor Gardner presented a plaque
to Mr. Johnston for his years of service as City Administrator. Mr. Johnston spoke to the
Council regarding issues and projects facing the City in the next few months /years, and the
progress he felt has already been made towards those items.
Councilman Halsey requested that Interim City Administrator Gary Kempker look into the
details of the letter from the Missouri Housing Development Commission which Council
received in their packets. He stated he was concerned with who the developer is, and how
much it would cost the City in tax dollars for the next fifteen years.
APPROVAL OF EXECUTIVE SESSION MINUTES
Councilman Bertel moved to approve the Executive Session Minutes of January 23, 1995,
seconded by Councilman Byrd, and approved.
EXECUTIVE SESSION
Councilman Green moved that the Council go into Executive Session for the purpose of
discussing Real Estate and Litigation, seconded by Councilman Byrd, and approved by the
REGULAR COUNCIL MEETING, FEBRUARY 6, 1995
following roll -call vote at 9:30 P.M.:
Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, and Jackson
Nay: Nilges