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Home My Public Portal About19950320REGULAR COUNCIL MEETING, MARCH 20, 1995 CALL TO ORDER The Regular Council Meeting of March 20, 1995, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Tony Barnicle, 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. PRESENTATIONS FROM THE GALLERY Mayor Gardner announced that a portrait of the late Councilman Tom Benton was now hanging in the Council Chambers along with portraits of other late Council Members. She acknowledged that Mrs. Tom Benton and Councilman Benton's Aunt , Mrs. Catherine Tillman, were both present at the meeting and were recognized. Mayor Gardner stated that there were presentations from the gallery tonight that were not Citizens of the City, and that according in Ordinance 11978, individuals who are not residents of the City may address the Council during this period of time subject to a motion supported by a majority of the Council. Councilman Byrd moved to recognize Becker Gaming and allow them to speak, motion was seconded by Councilman Green, and approved unanimously. Mayor Gardner stated that the fifteen - minute time limit established by Council would apply unless the Council chose to extend that time. Mr. Ron Lurie, Vice President of Corporate Development for Becker Gaming, 740 S. Decatur Blvd., Las Vegas, Nevada, introduced persons present representing Becker Gaming as well as from Aerie Hotels and Resorts, Inc. He asked Aerie representatives to make their presentation and answer questions regarding the transfer of the development agreement from Becker to Aerie. Mr. Joseph McQuaid and Ms. Tracy Babbitt, Vice President of Gaming and Vice President of Finance for Aerie, respectively, made a presentation of introduction to the Council. No questions were asked by the Council of the presenters. Also present were Mr. Joseph Duellman, President of Aerie, who arrived late. Information about the Aerie Company was given to the City Clerk to distribute to the Mayor and members of the Council. REGULAR COUNCIL MEETING, MARCH 20, 1995 CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of March 6, 1995, Council Meeting b) Bid 1512 - JCTV Camera Equipment, JCTV c) Sole Source Procurement - Computer Software forAS400 Operating System Upgrade, JCPD Mayor Gardner read items (a) through (c) of the Consent Agenda and called for a motion to approve. Councilman Byrd moved to accept, motion was seconded by Councilman Green, and approved unanimously. Mayor Gardner stated that she left off item (d), Appointments, and stated that item (d) would have to be considered separately. d) Appointments Board or Commission Appt Reappt Name Replaces Term Ends Board of Adjustment X Iwg( Doerhoff Carolyn McDowell 9/97 Board of Adjustment (Alternate) X Gene Schwab 9/95 Board of Adjustment (Alternate) X Shirley Powers 9/95 Board of Adjustment (Alternate) X Mike Downing 9/95 Board of Electrical Exam /Review X Bob Stokes 1/96 Board of Electrical Exam /Review X Don Cobb 1/97 Board of Electrical Exam /Review X John Sullivan 1/97 Cable Quality Commission X Lawson Phaby 6/96 Cable Quality Commission X Donna White 1/96 Cable Quality Commission (Alt) X John Kerr 1/98 Police Personnel Board X William Burton 1/98 Police Personnel Board X Bob Swift 1/98 Property Improvement Recog. X Larry Brickey 12/95 Property Improvement Recog. X Audrey Howser 12/95 Property Improvement Recog. X Jerrold Scarlett 12/95 Fire Pension Board X Ken Wegman RV.? Angle (term 8/97 Environmental Quality Commiss. X Luana Gifford Steve Burdic 11/97 Tax Increment Finance Comm. X Evelyn Loethen 4/98 Tax Increment Finance Comm. X Carl Vogel 4/98 Tax Increment Finance Comm. X Cranston Mitchell 4/99 Mayor Gardner then stated that Item (d) of the Consent Agenda was now before the Council for approval. Following discussion, Councilman Nilges moved that the appointments be tabled until after the April 4 election, seconded by Councilman Estes - Benward. Mayor Gardner requested that the Council veto that motion. Motion to table approval of the appointments was defeated by the following roll -call vote: Aye: Bertel, Estes - Benward, Green, Nilges Nay: Barnicle, Byrd, Haake, Jackson Abstain: Halsey Mayor voted "Nay" REGULAR COUNCIL MEETING, MARCH 20, 1995 Motion to table was defeated. 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: Airport Subcommittee, 3/2/95; Transportation & Traffic Commission, 3/9/95; Parks & Recreation Activities Committee, 2/28/95 BIDS OVER $25,000 Bid 1535 - Cutaway Van & Utility Vehicle, Public Works Councilman Haake moved to approve Bid 1535, seconded by Councilman Bertel, and approved unanimously. ANNOUNCEMENTS BY MAYOR Mayor Gardner announced that she had received correspondence from Capital City Water Company notifying us that the name of the company has been changed to United Water Company. Mayor Gardner asked if the Council wished to consider adopting a resolution opposing the issue of concealed weapons which is currently being debated by the State Legislature of Missouri. Council did not wish to take a stand on the issue. Mayor Gardner stated she was informed that the Committee headed by Senator Danny Staples has discussed the appropriations which would be needed to continue Amtrak service through Central Missouri. A motion was made that the cities participate in helping raise the funds needed to continue Amtrak service. Another motion was made which passed for the State of Missouri to pay the entire amount. However, Wayne Goode from University City will continue to ask that the Cities pay part of that, possibly in an amount of $50,000 each. BILLS INTRODUCED Bill 94 -207, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 12182 ADOPTING THE BUDGET AS IT PERTAINS TO THE POLICE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS FOR THE PARTICIPATION IN THE UNITED STATES DEPARTMENT OF JUSTICE COMMUNITY ORIENTED POLICING GRANT PROGRAM. Bill 94 -208, 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 J (PARKING PROHIBITED), BY THE ADDITION OF A PORTION OF METRO DRIVE. REGULAR COUNCIL MEETING, MARCH 20, 1995 Bill 94 -209, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 22 -27 (PARKING, STOPPING AND STANDING), SCHEDULE S (LOADING ZONES), SUBSECTION B (PASSENGER OR SPECIAL LOADING ZONES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF A PORTION OF ADAMS STREET. Bill 94 -210, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BURNS & MCDONNELL FOR THE DESIGN OF EDGEWOOD DRIVE. Bill 94 -211, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE AMENDED PLAT OF CENTRAL MISSOURI MEDICAL PLACE SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Green requested that the rules be suspended and Bill 94 -211 placed on final passage in order to correct the errors in previous ordinances regarding this property. There were no objections to the request for suspension of the rules. Bill 94- 211 was read second and third times by titled, placed on final passage, and passed by the following roll -call vote as Ordinance 12252: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson and Nilges. Nay: None. BILLS PENDING Bill 94 -202, 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 TRACTS 1, 2 AND 3 OF LOT 24, SWIFT AND THOMPSON SUBDIVISION (LOCATED AT THE SOUTHEAST CORNER OF THOMPSON STREET AND SOUTHWEST BOULEVARD) FROM RA -2, MULTI- FAMILY RESIDENTIAL, TO C -O, OFFICE COMMERCIAL. Bill 94 -202 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12253: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None Bill 94 -203, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, REGULAR COUNCIL MEETING, MARCH 20, 1995 AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING PROPERTY AT 322, 324 AND 326 EAST MILLER STREET, FROM RA -2, MULTI - FAMILY RESIDENTIAL, TO C -1, NEIGHBORHOOD COMMERCIAL. Bill 94 -203 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12254: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None Bill 94 -204, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TCI CABLEVISION OF MISSOURI, INC. FOR INSTALLATION OF A FIBER OPTIC CONDUIT AND CABLE UNDER THE MISSOURI RIVER. Councilman Haake requested that Bill 94 -204 be placed on the Informal Calendar. Bill 94 -205, 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 SCHOLASTIC, INC. FOR WASTEWATER SERVICES AT THE SCHOLASTIC ALGOA FACILITY. Bill 94 -205 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12255: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None Bill 94 -206, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON AN AMENDMENT TO THE CHARTER PROHIBITING CASINO AND RIVERBOAT GAMBLING IN THE CITY OF JEFFERSON AND PROHIBITING CITY OFFICIALS OR EMPLOYEES FROM RECEIVING ANY FORM OF COMPENSATION FROM A GAMING COMPANY OR ITS REPRESENTATIVES. Following discussion, Councilman Nilges moved to amend Bill 94 -206 by adding a New Section 6 which shall read as follows: If the Supreme Court of Missouri or any other court of general jurisdiction issues a ruling declaring the law to prohibit local voter action repealing authority for riverboat gambling, then the first sentence, as set out in the proposed Section 15.1 shall be dropped and only the second sentence shall be offered as a Charter amendment. Motion to amend was seconded by Councilman Bertel, and approved by the following roll -call vote: Aye: Nay: REGULAR COUNCIL MEETING, MARCH 20, 1995 Bertel, Byrd, Estes - Benward, Green, Haake, and Nilges Barnicle, Halsey, and Jackson Councilman Green moved to further amend Bill 94 -206 as follows: Section 2. The amendment as set forth in Section 1 shall be submitted to the qualified voters of the City of Jefferson, Missouri, for their approval, at the August, 1995, first General election held within the City on or before April 2, 1996, at the places designated by the Election Authority for said election and the ballot shall be in substantially the following form: Motion to amend was seconded by Councilman Haake, and approved unanimously. Bill 94 -206 was then read third time by title, placed on final passage, and passed, as amended, by the following roll -call vote as Ordinance 12256: • • .. • Aye: Nay: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges None INFORMAL CALENDAR 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 removed from the Informal Calendar and placed on final passage at this time. Bill 94 -177 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12257: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, and Nilges Nay: None Abstain: Jackson, Bill 94 -199, 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 SHO -ME COACH LINES, INC., FOR INTER -CITY BUS ROUTE. Councilman Haake requested that Bill 94 -199 remain on the Informal Calendar. REGULAR COUNCIL MEETING, MARCH 20, 1995 Bill 94 -200, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A SECTION 18(I) GRANT AGREEMENT FOR PUBLIC TRANSPORTATION PROJECT. Councilman Haake requested that Bill 94 -200 remain on the Informal Calendar. UNFINISHED BUSINESS Councilman Halsey stated that the tour of homes in violation of zoning ordinances was conducted, and he noted that the City property and structures were in violation very often. COUNCIL LIAISON REPORTS Councilman Haake announced that the Public Works & Planning Committee Meeting would be held Thursday evening, March 23, to consider proposals for privatization of the sewer system. Councilman Estes - Benward announced the following changes in trash pick -up service schedules as well as recycling schedules: Trash collection beginning April 1, 1995, will no longer include Wednesday and Saturday pick -up, and recycling will be changed to second and fourth full weeks. Citizens may call Laidlaw for more information. NEW BUSINESS Mayor Gardner stated she had received questions regarding Councilman Barnicle's residency. Councilman Barnicle explained that his residence is at 221 Stephan Street, and his phone number is still 634 -4232 for anyone wishing to contact him, and that he had not received any inquiries regarding his residency from any of his constituents. He did state there had been a problem with the U.S. Postal Service misdirecting some of his mail to his sons' addresses, and vice versa, a problem with receiving their mail at his address, but believed that problem had been taken care of. APPROVAL OF EXECUTIVE SESSION MINUTES Councilman Green moved that the minutes of the Executive Session held on March 6, 1995, be approved, motion was seconded by Councilman Bertel, and approved unanimously. EXECUTIVE SESSION Councilman Green 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 8:25 P.M.: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, and Jackson Nay: Nilges