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HomeMy Public PortalAbout19950403REGULAR COUNCIL MEETING APRIL 3, 1995 CALL TO ORDER The Regular Council Meeting of April 3, 1995, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Rev. Rudy Beard, First Presbyterian Church, 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 Mr. Jim Craighead, 1107 E. McCarty Street, spoke regarding alley conditions along designated snow routes. Mr. Erwin Milne, 1210 Moreau Drive, spoke in opposition to river boat gambling. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of March 20, 1995, Council Meeting b) Bid 1538 - Roof Replacement, Fire Station #1, Fire Dept. c) Bid 1541 - Asbestos Abatement, Phase 111, Flood Buyout d) Bid 1542 - Demolition, Phase Ill, Flood Buyout e) Proposal 1547 - Restaurant /Cafe Operation Memorial Airport, Public Works, Airport f) Conditional Use Permit - 221 E. Capitol Ave. REGULAR COUNCIL MEETING APRIL 3, 1995 g) Appointments Board or Commission Appt Reappt Name Replaces Term Ends Board of Adjustment X mg, 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 ldy 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 stated that at the March 20 City Council meeting, she failed to get a final vote of approval from Council on the appointments. Councilman Nilges requested that Item (g) be removed from the Consent Agenda for separate consideration. Councilman Nilges moved that items (a) through (f) of the Consent Agenda be approved, motion was seconded by Councilman Byrd, and approved. Councilman Nilges then moved that Item (g) be tabled, motion was seconded by Councilman Estes - Benward, and approved by the following roll -call vote: Aye: Barnicle, Bertel, Estes - Benward, Green, Haake, Halsey and Nilges Nay: Byrd and Jackson Appointments are tabled. 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: Planning & Zoning Commission, 2/9/95; Board of Adjustment, 2/14/95; Housing Authority Board, 2/2/95; Public Works & Planning Committee, 3/23/95; Board of Electrical Examiners & Review, 8/25/94; Commission on Environmental Quality, 2/23/95; February, 1995, Financial Report; Budget Amendment Report, 2/95 REGULAR COUNCIL MEETING APRIL 3, 1995 ANNOUNCEMENTS BY MAYOR Mayor Gardner stated that she wished to thank the JCTV volunteers for their work at Council meetings, but that she would wait until the next meeting so she could have a list of names and thank each volunteer individually. BILLS INTRODUCED Bill 94 -212, sponsored by Councilman Haake, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 11255, VACATING AND DISCONTINUING THE RIGHT -OF -WAY FOR A PORTION OF A NORTH -SOUTH ALLEY RUNNING NORTH FROM CAPITOL AVENUE BY CORRECTING THE LEGAL DESCRIPTION. Councilman Haake requested that the rules be suspended and Bill 94 -212 placed on final passage. There were no objections to the request for suspension of the rules. Bill 94 -212 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 12258: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None Bill 94 -213, sponsored by Councilman Nilges, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON BY ENDORSING AN INTERGOVERNMENTAL PURCHASING AGREEMENT WITH THE CITY OF JEFFERSON CITY, MISSOURI. Bill 94 -214, sponsored by Councilman Nilges, 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 GENERAL FUND AND THE PARKS AND RECREATION FUND. Bill 94 -215, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY FOR A PORTION OF ADAMS STREET. Bill 94 -216, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR UTILITY PURPOSES ON A PORTION OF TIMBER HILLS SUBDIVISION, SECTION 4. REGULAR COUNCIL MEETING APRIL 3, 1995 Bill 94 -217, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR UTILITY PURPOSES ON A PORTION OF EMERALD RIDGE SUBDIVISION, SECTION 2. Bill 94 -218, sponsored by Councilman Haake, 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 COMMISSION FOR A SECTION 3 GENERAL PUBLIC TRANSPORTATION PROJECTION. Bill 94 -219, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH SHIRLEY LOVE FOR CAFE AT THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Haake requested that the rules be suspended and Bill 94 -219 placed on final passage. There were no objections to the request for suspension of the rules. Bill 94 -219 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 12259: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None Bill 94 -220, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING ASSIGNMENT OF RIVERFRONT DEVELOPMENT AGREEMENT TO AERIE RIVER BOAT CASINOS OF MISSOURI, INC. Councilman Jackson stated he felt the Council should not take any action on this issue until after the new Mayor and Council take office. Mayor Gardner informed Council of her observations from a trip to the Aerie operation in Galena, Illinois. Councilman Barnicle moved that Bill 94 -220 be tabled. Motion was seconded by Councilman Halsey, and defeated by the following roll -call vote: Aye: Barnicle, Haake, Halsey and Jackson Nay: Bertel, Byrd, Estes - Benward, Green and Nilges Bill 94 -221, sponsored by Councilman Estes - Benward, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC., PERTAINING TO CURBSIDE RECYCLING. REGULAR COUNCIL MEETING APRIL 3, 1995 Bill 94 -222, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A STATE BLOCK GRANT AND AGENCY AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR LAND ACQUISITION FOR THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 94 -223, sponsored by Councilman Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HAYDEN & ASSOCIATES FOR ASBESTOS ABATEMENT FOR PHASE III OF RESIDENTIAL FLOOD BUYOUT. Councilman Bertel requested that the rules be suspended and Bill 94 -223 placed on final passage. There were no objections to the request for suspension of the rules. Bill 94 -223 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 12260: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None BiII 94 -224, sponsored by Councilman Bertel, entitled: Councilman Bertel requested that the rules be suspended and Bill 94 -224 placed on final passage. There were no objections to the request for suspension of the rules. Bill 94 -224 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 12261: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None BiII 94 -225, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI BUILDERS SERVICE OF JEFFERSON CITY FOR ROOF REPLACEMENT ON FIRE STATION 1. BiII 94 -226, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF DEL CERRO SUBDIVISION, SECTION 3, A SUBDIVISION OF THE CITY OF JEFFERSON. REGULAR COUNCIL MEETING APRIL 3, 1995 BILLS PENDING 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 -207 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12262: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None 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. Bill 94 -208 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12263: Aye: Nay: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges None 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 -209 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12264 : Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None 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. REGULAR COUNCIL MEETING APRIL 3, 1995 Bill 94 -210 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12265: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None INFORMAL CALENDAR 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. 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 ASECTION 18(I) GRANT AGREEMENT FOR PUBLIC TRANSPORTATION PROJECT. Councilman Haake requested that Bill 94 -200 remain on the Informal Calendar. 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 removed from the Informal Calendar and placed on final passage. Bill 94 -204 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12266: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: None NEW BUSINESS There was no new business to come before the Council at this time. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS There were no Council liaison reports at this time. REGULAR COUNCIL MEETING APRIL 3, 1995 APPROVAL OF EXECUTIVE SESSION MINUTES Councilman Nilges requested that the Executive Session minutes of March 20, 1995, be corrected pertaining to his vote on one issue. City Clerk stated she would make the amendment as requested. Councilman Jackson moved that the Executive Session minutes of March 20, 1995, be approved as amended, seconded by Councilman Bertel, and approved unanimously. 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 8:20 P.M.: Aye: Barnicle, Bertel, Byrd, Estes - Benward, Green, Haake, Halsey, and Jackson Nay: Nilges 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 Charles Jackson Councilman Rick Nilges ABSENT: Councilman Randy Halsey STAFF PRESENT: Gary Kempker, Interim City Administrator Mayor Gardner called the meeting to order at 8:30 P.M. Personnel Councilman Bertel moved to approve Interim City Administrator Gary Kempker's recommendation for a 4% meritorious increase in salary for Finance Director Bette Wordelman. Motion was seconded by Councilman Byrd, and approved unanimously.