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HomeMy Public PortalAbout19801215 E) . f ! x M " Ho " 5 ' •0 ar Mayor Hartsfield presided. Prayer offered by Rev. James Kaithoff , Faith Lutheran Church. Councilmen resent : Borgmeyer,p gmeyer, Brant, Crader, Gordon, Halsey, 5 Hequembourg, K].iegel , Prenger, Wade and Whitecotton. Councilmen absent : None. A quorum was declared present. Councilman Whitecotton referred to Amended Bill No. 142 which was defeated at the previous meeting of the Council on December 1, 1980 Bill 142 as a Member who had voted against the Bill , he was requesting that Contract the Bill be reconsidered. for Bill No. 142, introduced by Councilman Hequembourg, entitled: City Hall "An Ordinance of the City of Jefferson , Missouri , authorizing the Mayor and the Clerk of the City of Jefferson to execute a contract with Architects Alliance, Inc. , relating to the preliminary design and site evaluation of a new City Hall Facility. " Mayor Hartsfield mentioned that Revenue Sharing was passed by the Congress before adjournment , for three additional years, at the same level on the National level , as we have had for the last three years. He further stated there is about two hundred and forty thou-- ` - sand dollars in Revenue Sharing left from the Police building and .+ y< that could be used. These funds are not budgeted, and this item was not budgeted. Councilman Prenger made the motion that the Bill be amended to specify that the source of funds be Revenue Sharing on hand. Motion seconded by Councilman Hequembourg and passed. Bill No. 142 , as amended, was then placed on final passage and passed by the following vote as Ordinance No. 9557: Councilmen voting Aye: Brunt , Cruder, Hequembourg, Prenger, Wade and Whitecotton. Councilmen voting Nay: Borgmeyer , Halsey , Kl i ege l 4 Councilman abstaining : Gordon. A Public Hearing was hold on the request of John I . Docker to re- ! Public zone property located at 112 East Franklin Street , from 12S_4 to Hearing C-2. No one appeared for or against the rezoning, i A Public Hearin; was held on tho request of Don and Grace Kruse to rezone property located at 1310 Swifts Highway , from RS-3 to C-4 • !Public Dave Brydon, representing Mr. and Mrs. Michael Rodol , who are ;Roaring interested in purchasing this property and turn it into a first Hans restaurant. There has been some discussion about into what category it should be rezoned -- they wish to use it as a Restaurant and Lounge - and whatever category the City Council seen fit to use## will meet with their approval . Mr. Benton stated it was agreeable if the zoning was changed t4 S Special Development , so long as it was stipulated it would be for,; restaurant and lounge business. There had been opposition from thel Helias High School Board of Directors but this was eliminated when the type of zoning was changed. Dick Groner and Dr. Hyleck appeare representing the Helias High School Board and stated they would con cur if the Ordinance is passed for S Special Development , for restaurant and lounge business. Councilman Borgmeyer suggested if there was no objection Bill No. 160 be brought on the floor at this time. This was agreeable. 1 Bill No. 160, introduced by Councilman Borgmeyer, entitled : "An Ordinance of the City of Jefferson , Missouri , changing, amendin Bill 160 and modifying the zoning map of the City of Jefferson, by amending Rezoning Chapter 36 of the Code of the City of Jefferson, by rezoning proper y 1310 located at 1310 Swifts Highway, from RS-3, Single Family , to C-4 s Swift 's (Planned Commercial) . " Highway Bill No. 160 read first and second time by title. 7 wr -} Regular Council Meetin, December 15 1980 , a ____ .._.....____ _-- ------.-.-..__ .-.___ __ Councilman Borgmeyer made the motion that Bill No. 160 be amended by changing the zoning from C-4 Planned Commercial , to "S Special Development ( restaurant; and lounge) . " Mot ion seconded by Councilman Kliegel and passed. °t �1 It was agreeable Bill No. 160 , as amended, was read the ! third time by title and placed on final passage and was passed by I- the following vote as Ordinance No. 9558 : Councilmen voting Aye: Borgmeyer, Brant , Crader, Halsey , , Hequembourg, Kliegel, Prenger, Wade and Whitecotton . Councilmen voting Nay : None Councilman abstaining: Gordon. The Mayor distributed two Resolutions regarding the preservation lof the Old County Jail , and the Council could select the most ap- ' 1j propriate. ' Mr. Dave Brydon stated that he has been authorized to say Resolution fl that the Cole County Historical Society would be willing to =. '': indemnify the City against any maintenance for a reasonable period Old : of time , in a reasonably acceptable amount. The building will be County �! completely restored with the funds available at this time so that n Jail the maintenance should not he too much of a problem. ,f Chief Patt;on stated there would be one Police Officer to help part time on this, and some secretarial help for the first six months, but the rest would be strictly voluntary help, on the Juvenile Delinquency Prevention Program. ' Councilman Brant made the motion that the following Resolution be approved, with the understanding that the City would not he bound by this Resolution until an Agreement is worked out to the satisfaction of the City for a contract of indemnification for twenty-five years: �i RESOLUTION WHEREAS , the City Council of the City of Jefferson , Missouri , in intttreetcd in the preeervat; ion of the Old County .Iai 1 located at the corner or Monroe Street and East McCarty Street ; and WHEREAS , the City Council ih interested in programs which will ( , aid the youth of the conununi community; and WIII:REAS , tho City Council has rtrcc'lved approval on throe grants from the Misuourl Depar't,went of l'uuhilc Safety for a total of $60,430. 45 relating to both preservation of the Old County Jail , 1� and a program oriented by youth of the community; and WHEREAS , the Cole County historic tic :!ety tins indicated a ' strong interest in preservation) of the Old County Jail . NOW , THi'.IIELORE, 11E IT HEREBY RESOLVED JBY THE CITY COIJNCII, OF ! THE CITY OF JJ:I''FEIISON , MISSOURI , that the appropriate City staff work closely with the Cole County Historic Society in the execution ' !i and the restoration of the Old County Jail located at the corner ,1 of Monroe Street and Ettait. McCarty Street and the establishment of + the Jefferson City Juvenile (Delinquency Prevention Program therein lbased upon the following condition : that the Colo County Historic ' Society provide the necessary match to the grant from the Missouri Department of Public Safety , which is approximately $15 ,000. ;1 Adopted this 15th day of December, 1980 . ATTEST: /5/ Li bby Tihen / s` George Iiartnfield i City Clerk Mayor Councilman Wade seconded the motion and the Resolution was approved t by the following vote: Councilmen voting Aye : Brant , Gordon, Halsey , Hequembourg, Prenger and Wade. Councilmen voting Nay : Borgmeyer, Cruder, Kliegel , Whitecotton Mayor Hartsfield suggested that , if agreeable, Bills No. 153 and 154 be taken up at this time , on account of the large number of people present who were interested in them. There was no objection III 11 Ij 1 11 1 Regular Council Meeting, December 15, 1980 Bill No. 153, introduced by Councilman Crader , entitled : "An Ordinance of the City of Jefferson, Missouri , authorizing the . °:. Mayor and the Clerk of the City of Jefferson , to execute an Agreement for professional engineering services with Burns & McDonnell relating to the Jefferson City Sanitary Landfill Projec ' • Bill No. 154 , introduced by Councilman Crader , entitled: "An Ordinance of the City of Jefferson, Missouri , authorizing the Mayor and the Clerk of the City of Jefferson to execute an Authorti- zation for engineering services with Burns & McDonnell , relating Bill 153 to the Jefferson City Sanitary Landfill Project . " Bill 154 Mayor Hartsfield stated these Bills went back to a meeting of Landfill the City Council in December of 1979, at which time you approved Contracts the present landfill site until such time as another site is located. A voluntary Committee has been working all of this time and found it very difficult and very time-consuming and now have asked the City for funds to help them certify a site. Mayor liartsfield called on Joe DeLong, Chairman of the Com- mittee to locate a site or sites and present them to the City and assumed that then the City would follow thru with the necessary evaluations from a technical standpoint. Presently we have sites, and one particular choice, ready for engineering; they should evaluate and make proper drillings to determine that the soil is proper. They have quoted a maximum figure of $20 ,000. 00 and -.estimated the figure of approximately $5,000. 00 to do the core drilling, and we are asking the Council to appropriate the neces- sary money to test the site we suggest. The Committee felt they had located a site which was not offensive to people , close in so that transportation costs would not be unbearable and the City should get on with the project , the City should have control of the Landfill site. Judy Owens, of the East Side Betterment Association , requeste the Council give support to these two Ordinances - we want to mov the landfill , we ask you to reaffirm your commitment . Walt Kleffneer of the ACT Committee , an organization of over five hundred residents 1:hreughout Jefferson City and Cole County , was asking the Council to pass these Ordinances. Louis Vetter, newly elected president of the East Side Better meet Association , stated he had received many culls) about the matter - they had been patient: and now all they were asking was that you pass these two Ili 11U to make the study . Dale Alexander, representing people In Callaway County , ap- poured. We Poet the l tenet f.i l i. would be a detriment to adjoining property and people should be compensated for the loss of valua- tion In their property. I f this landI' 1 l l is located in Callaway County, the one on the east side would stilt be there and refuse 1 would be dumped there - you are going to blight a whole now area in Callaway County . Councilman Ilequornbourg stated he did not fool the Council has ` all the information they need to spend much money on the one site until we know how the site would be operated I f the City took it over and what it would cost , whichever way we go. He sugges:,ed the Council have several Committee meetings before we vote on this Bill, one with the Site Selection Conunittee which has spent much time finding sites , and the other meeting needs to be with E.S.M. and discuss the present contract we have with them. Then we would be in a better position to make a decision on the entire issue. He went on to suggest the Bills be defeated at this time and look further into the matter. Bill No. 153 read third time by title, placed on final passag.• and was defeated by the following vote: Councilmen voting Aye: Crader and Wade Councilmen voting Nay: Borgmeyer, Brant , Gordon , Halsey , Hequembourg, Kliegel , Prenger and Whitecotton. i 1 Re.ular Council Meetin. December 15 1980 Bill No 154 read third time by title, placed on final pas- ;x sage and was defeated by the following vote: Councilmen voting Aye: Crader and Wade ifCouncilmen voting Nay : Borgmeyer, Brant , Gordon , Halsey, i Hequembourg, Kliegel, Prenger and Whitecotton. '` Mayor Hartsfield stated that he would assume from the discussion that the Council would want the general subject to be put on the schedule for Committee-of-the-Whole or Work Session after the iholidays. Bid The following bids were received for the rental of 1 copier for Openings. use of the Fire Department : J.C. Electronic Business Equipment - $115.00 per month $,L including 1 , 500 copies. All copies over 1501.02 per copy "k Pitney Bowes - Purchase Price $3, 198. 00, Model 5200 three year lease-purchase program - $132 .00 per month four year lease-purchase program - $110. 00 per month Electronic Business Equipment , Inc. $125. 00 per month includes 1500 copies, all over . 022 $130. 00 per month includes 1500 copies , all over . 02 Modern Business Systems, Inc. $115. 00 includes 1500 copies , all over . 034 - Savin 750 $ 59. 50 includes 1500 copies, all over . 019 - RBC 1 ;. Xerox - Monthly minimum $100.00 includes 515 copies - #2300 Monthly minimum $127. 50 includes 2000 copies - #2300 Monthly minimum $110.00 includes 515 copies - #2300 Monthly minimum $137. 50 includes 2000 copies - #2300 Kopi - Monthly - $127. 19 includes 1 ,500 copies - Sharp #740 Monthly - $ 76. 70 includes 1 ,000 copies - Sharp #740 z Mr. Hartley recommended that the awarding of this bid be hold over. The following bids ware received for 1 Multiversal. Unit for use of the Fire Department : Leo M. El .1ebracht Company - 1 Akron St:yJo 501 - $1 , 395.00 Hutchinson-W:ithorup Fire and Safety Equip. , Inc. -- 1 Akron Style 501 - $1 , 340.65 Emergency Vehicle Services- 1 Style 501 -- $1 ,625.00 Snead' s Safety Sales - 1 Akron Style 501 - $1 ,472 . 51 It was recommended we accept; the bid of Hut chinson--W i therup Fire }} and Safety Equipment , Inc. , the low bid, of $1 , 340.05. Councilman Wade made the motion that we accept, such bid. Motion seconded by Councilman Whitecotton and passed. The following Companion submitted bids for 5000 Coot of 5 Inch hos( with adapters, for use of the Fire Department : Bid Leo M. Ellebracht Company Openings. Snap-tite, Inc. I Snead's Safety Sales Hutchinson-Wintherup Fire and Safety Equip. Inc. If It was recommended we accept the bid of Leo M. Ellebracht Company , the law bid, in the amount of $37, 806. 00. Councilman Whitecotton made the motion that we accept such recommendation. Motion seconded by Councilman ]lequembourg and passed. The following bids were received for 5 nozzles and 4 foam eductors for use of the Fire Department: ' Snead's Safety Sales $2 , 196. 70 Safety Produces Company 2 ,271. 84 Ozark Fire Extinguisher, Inc. 2,360.00 Emergency Vehicle Services 2 ,443.00 Hutchinson-Wintherup Fire & Safety 2 , 104.00 I Towers Fire Apparatus Co. , Inc. 2 ,914. 50 Leo M. Ellebracht Company 2 ,914.50 III Reis Equipment Co. 1,692.06 ' It was recommended that the awarding of this bid be held over. e t. ,:,...P.,M. ."d...-:,,,. z.h ,.,.... ..,...,..,..h�'„ : :s. :.:.}.,'z ..,.a,,, i...rvK.--,: ..4.,. ,,4k gw.F_ %..;.n,'{ �.,1 v_... i.4.}.,,,....i:+,f .iii.....'tf1.,F.f ,-,' r I 1!-; 5; � 4 `Y ,,:- 10 Cam!. 41' z.;:,,`` Re ular Council Meeting, December 15, 1980 ;,i ',7 The following bid was received for 130 feet -- 48” g ., CMP to , ;. Rik_.. include bands and bolts, for use of the Street Department $2 , 846.00 -'t. r ': . It was recommended that we accept the bid of Metal Culverts , Inc. 4 Bid ^} , :,'7-„! in the amount of $2 ,846.00. Councilman Hequembourg made the lOpenings. motion that we accept such bid. Motion seconded by Councilman ., Halsey and passed. The following bids were received for Inspection Testing Equipment for use of the Engineering Department : ';4.1": 1 Humboldt Mfg. Co. $ 842. 40 `y : ► Hogentogler & Co. , Inc. 1 , 064.90 :•:?. ' ; Forney, Inc. 1 , 590. 00 =A.. : .�" Ascor, Inc. 874 . 30 ;` It was recommended that the awarding of this bid be held over. a ;rt { The following bids were received for 1 Material Spreader , for use < u'S'; e . of the Street Department : ' Truck Equipment Co. $1 ,949. 00 ,Fr ''? Knrtpheide Truck Equipment: Co. 2 ,043. 00 P Key Equipment & Supply Co. 2 , 150. 00 :4< > K#y{''t Cummings , McGowan & West , Inc. 2 ,290. 00 ` j' r 1r Whirler Equipment Company 2 , 390. 00 7 :: , Victor L. Phillips Company 2 , 448. 00 wYt t,...,-, It was recommended that we accept the bid of Truck Equipment ”' ' Company , the low bid, in the amount of $1 ,949. 00. Councilman f � Hequembourg made the motion that we accept such bid. Motion 61 '' seconded by Councilman Whitecotton and passed. ',` ,-,;',1,,, The following bids were received for .1 battery charger, for use r t of the Street Department. : :{ I.cupol.d & Stevens, Inc. $1 , 500. 00 - $390. 00 ,,- Stroet:er Amet -• $855. 00 $1. , .1.30. 00 .1 ,275. 00 - $370. 00 ` It war: reecommentied thrr.t: they awardinth of th.l :. 1>icl he hco1e1 over. :.1 The f'o 1.'1 ow i ng h i ds wore reeve i.ved for :Cupp l i er; to he used by €=r$ Drafting Division of the Public Works; Department : ', Ketuff+' 1. fw Et.:;or Company $1 , 199. 40 ; y Kuker _Hankers , Inc. 1 , 4 1 :3. .l 4 ,, * <: '. I t wan rec�orronencied that the awarding c.>t' this bid be hold e>vor. . ' F On the bids hold over from 1rtSI mooting they were awarded as a'n' # follows : , Awards of ` ,_ 1000 linear feet. of 12" sanitary sewer pipe awarded to Clow Bids Hold Corporation in the total amount of $4 , 340, 00. Over from 1 thermo lay asphalt patchor -- awarded to Thermo Lay Co. , Inc. , Last Mtg. `, in the amount of $18, 174 . 00. Street sweeper awarded to Key Equipment & Supply Company , in the amount of $38, 873.00. Janitorial Services at City Hall , Public Works Building and Com- munity Sanitation and Animal Control Division , awarded to Mr. . Janitor, in the amount of $596. 00 per month. Councilman Borgmeyer made the motion that the recommendations on the above bids be accepted and they be awarded accordingly. Motion seconded by Councilman Halsey and passed. The minutes of the Council Meeting of December 1 , 1980, were Approval presented for approval. Councilman Whitecotton made the motion of that such Minutes be approved. Motion seconded by Councilman Minutes Brant and passed. & Admini- strator's The City Administrator' s report and the Minutes of the Board of Report. Adjustment , Annexation Committee and Public Works Committee were received and filed. i a.. C tilt - :':! ,::t y; Regular Council Meeting December 15, 1980 7 J Q ff :"A.,. .;',rs xi,, 1 Councilmen Brant and Gordon left the meeti.n �� � '` 1. Bill No 161. , introduced by Councilman Whitecotton , entitled: I..:1V;V:, ,. ,; An Ordinance of the City of Jefferson , Missouri , changing , amend- �, y=^ � Bill 161 1,1, ing and modifying the zoning map of the City of Jefferson , byy ".. Ik amendin Cha t `=j' 112 East g per 36, of. the Code of the City of Jefferson , by ;k: 7.°..-, .; '1 rezoning property�.� :,� Franklin .y g p perty located at 112 East Franklin Street , from RS-4 � �' Rezoning. 1 (Single Family) to C-2 (General Commercial) . " Bill No. 161 read first and second time by title and ordered f ' � k Hdistributed to members of the Council. 1) .,x: 1 :uak7 ``, r 1; Bill No 162 , introduced by Councilman Wade , entitled : =; "An Ordinance of the City of Jefferson, Missouri , authorizing the i -- 1 s� ;k ° f`i' Bill 162 ' Mayor and the Clerk of the City to execute a contract with W. �+ ~ ' Contract 1J, Philip Cotton, Jr. , relating to the restoration and renovation of l > r' ,4--W'' Old Jail . the old Cole County Jail, located at Monroe and McCarty Streets. " I ° ', Bill. No. 162 read first and second time by title and ordered 1 : r$r4 1` distributed to members of the Council . ' . ..y,1-.7,,- '' Councilman llcquembourg inquired as to the selection of W. ,f^ ',:fA (k Phil.i.p Cotton Jr. the Architect mentioned in the contract and `` :1, ',, 1 waE.; any 1ora1. Architect chi.tect considered. Mr. Benton replied:i.ed that he i a R' ,;;;;,,,,..$ : I was one of three Architects qualified to do the job , as of recom- .q mendation from the Department of Natural Resources. lie was the mss'' ' =mac i Architect on Lohman ' :, Landing. - 17 ` . ;Y, . .�� No. 163 , 1,1 i- , Bill , introduced by Councilman Crader , entitled: ', _,,j -K- j1 "An Ordinance of the City of Jefferson , Missouri , appropriating ,ty i.�'as��-C &-`4,. J Bill. 163 1 money out of unappropriated .fund balance of the Sewer Fund, for j°} _ `<< # Treatment treatment plant training C,', ' Plant Bill No. 163 read first and second time by title and ordered ,,i,4;a � < Training"' di';I ributed to members or the Council . '. ;, l 3 1 1 1 No. 164 , Introduced, by Councilman Crader , e n t i t l e d : >t, I, "An Ordinance of the City of Je 'l'ert;on , Missouri. , authorizing the Hill 164 Mayor and the City Cie k of the City of Jefferson , to execute a , ;, cunt rrer.t. for Janitorial services with Mr. Janitor. " 1 „ tur in.1 1 13 i 1 1 No. 164 read first. and second time by t i t l e and ordered liervir.(,:; (Iirctrtt►t tc'(i 3�' t to member:: of the Council . i twill No. 165 , introduced by Councilman Brant , entitled : I Missouri , i '' " ,;Ar Ordinance of the City of Jutfortcr , ancndln ; Ordinatc , :X .:3 13i l l 165 No. 9544 , the salary ordinance, by amending and correcting the , i. Amending; 11 figure representing the, salary of the Municipal Court: Judge, " :, Municipit! II, Bill. No 1(.3,"� read first and second Lime by title and ordered .lodger 11 distributed to members of the Council . :': Salary. , I Mayor liartsfield then called on City Attorney Graham who desired to explain the Proposal for Bids for Cable Television Franchise. Mr. Graham explained that he was sending the information out to Companies and the City, of course, would not be bound by any- thing if we are not satisfied with their response. From din- Cable TV cussions with Consultants and others he learned that the 11- Channel System which we now have is antiquated and the Franchises which are being awarded are for around 35 channels. Each applicant filing a proposal or bid must also submit payment of $2 ,500.00, non-returnable, plus the successful bidder will pick up the cost of any Consultant needed. The bids must be received by February 25 , 1981 . The present Franchise expires April 21 , 1981 . The following Resolution was introduced: RESOLUTION WHEREAS, the City of Jefferson, Missouri has received a number of inquiries with regard to the granting of a franchise for cable Ht0le8iOn for the City of Jefferson, Missouri , and, I inimememinsurom Regular Council Meeting, December 15, 1980 WHEREAS, the City of Jefferson has prepared a suggested Fran- `` chise Agreement which it wishes each applicant to have available for review; and, - WHEREAS , The City of Jefferson does not wish to be limited in its deliberation to those provisions set forth in the suggested Resolu- Franchise Agreement , and, tion WHEREAS, the City of Jefferson has done certain investigative Cable and recommendatory work by the City Attorney, and, TV WHEREAS, the City of Jefferson desires to obtain the best available bids, at the least possible cost to the citizens of Jefferson City; and, WHEREAS, the City of Jefferson desires to consider all quail- - fled applications in an orderly and non-discriminatory basis; NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , as follows : SECTION 1. That the City of Jefferson shall accept appli- cations for cable television franchises through February 25 , 1981 , at 4 :00 p.m. , unless otherwise extended by the City Council . Bids will be opened at 4 : 30 p.m. February 25, 1981 , or as the Council may extend the time. SECTION 2. Parties interested in being considered for a franchise for the City of Jefferson shall file their application with the City Clerk in accordance with the instructions contained in the request for proposals which is attached hereto and incor- porated by reference herein. SECTION 3. After receipt of the applications from any in- terested franchises , the City Council shall set for public hearing all applications that it believes have qualified with the filing provisions. The City Council may determine to employ technical consultants with respect to any or all of such applications , which referral and/or hiring may be ordered prior to or subsequent to the public hearings . SECTION 4. A copy of this Resolution shall be sent by the City Clerk to all parties who have previously communicated to the City expressing an interest in obtaining a franchise within the City of Jefferson , Missouri . A copy of this Resolution shall further be sent to all parties who expressed interest with the City in being considered for a franchise, and copies of this Resolution shall be sent by the City Clerk to all news media that publish within the Jefferson City area and to trade publications in an effort to achieve wide public knowledge and knowledge in Rcsr:ol u- the field with respect to the City 's procedures In this matter. Lion The City invites any interested c.i t:lvunr , or other parties , Cable to communicate their views and interests with respect to cable TV television to the City Clerk , 240 East High Strout , Jefferson City Missouri , (35101. All such communications shall be retained by the City Clerk and shall be available to the members of the City Council and the public generally for review. SECTION 5. The adoption of this Resolution does not mean tha ' the City of Jefferson shall grant a cable television franchise to any person and reserves the right to reject any or all application,+ for any reason whatsoever. PASSED AND APPROVED this 15th day of December, 1980. (Seal) ATTEST: /s/ Libby Tihen George Hartsfield City Clerk Mayor, City of Jefferson , Missouri Councilman Crader made the motion that such Resolution be adopted. Motion seconded by Councilman Prenger and passed. Bill No. 149, introduced by Councilman Prenger, entitled: "An Ordinance of the City of Jefferson, Missouri , accepting and approving the plat of Spring Valley Subdivision , Section Two, a ' subdivision of the City of Jefferson, as herein described and re- pealing Ordinance No. 9037, of the City. " Mr. Jerry Toebben, self-employed at Oscar' s Steak House, alon: with Mr. Veith, appeared in opposition to the Bill . He stated Mr. Gray would like to delete a proposed street - Aaron Court , which is now a cul-de-sac, or Oscar Drive, which comes off of Christy Lane-Aaron Court would turn and go up the valley, which would in ( turn flow into Aurora and Flora. Under their proposal it will 13 Regular Council Meeting, December 15, 1980 delete the street up the valley and leave the development which I have with one exit. Back in 1977 these streets were set up and Mr. Veith and I would like to see it remain as it is at this time. Bill 149 We have granted an easement of one hundred or one hundred and fift feet buffer zone back of Tanner Bridge Road so that we could not Spring build anything close to their property. Valley Mr. Benton showed sketches and explained the property lines. Subdivi- He also explained that if Mr. Gray sold his property to the pros- sion. pective buyer - a Mr. Phillips who desired to erect a roller rink it would eliminate the street as the prospective buyer has no need for such street , and would not like to have it there. If the Bill is defeated it would not change the present plat in any way. The staff of Public Works and Planning Departments have informed all property owners that they feel we need this access - Aurora Street because we have no other way to get from Tanner Bridge Road to the Commercial area. Mrs. Betty Beck, 1626 Tanner Bridge Road, also appeared in opposition and felt that the street should remain on the plat. This plat was approved three years ago when many meetings were held with property owners. Mr. Louis Vetter explained the various plats and the streets. Mr. Grover Gray also appeared and stated there was some dis- cussion about trading of property for the easement and they could not agree on this. They had tried to sell the whole tract of land in one piece but were not successful and for that reason he was trying to dispose of his portion. IIe has Lot #11 on Flora Drive,- a dedicated street , it is lying right at the end of the property he is wishing to sell. He can have a driveway coming off of Flora right on to the land he now owns. Councilman Borgmeyer stated he thought this was merely a dispute between property owners and suggested the matter be hold over. Councilman Prenger stated he felt the Council was being asked to roapprove something that had boon approved in the past , and thought the 1311.1 should be taken up at this time. 131.:11 149 was road the third time by title, placed on final passage and was defeated by the following vote Councilmen voting Aye : Itoquembourg, Prenger, Wade and Whitecotton. Councilmen voting Nay : Borgmeyer , Crader, Ilal soy , Kliegel Councilmen absent : Brant and Gordon . Bill No. 150 , introduced by Councilman Cruder, entitled : Bill 150 "An Ordinance of the City of Jefferson , Missouri , accepting and Replat approving the replat of Lots 84 through 89, Lots 100 through 104, Landwohr and part of Tract A of a replat of Landwehr Hills Subdivision , Hills Section 3, a subdivision of the City of Jefferson , Missouri , as Subdivi- heroin described. " lion. Bill No. 150 read the third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9559 Councilmen voting Aye: Borgmeyer, Crader, Halsey, Hequembourg Kliegel , Prenger, Wade and Whitecotton Councilmen voting Nay : None Councilmen absent Brant and Gordon. Bill No. 151 , introduced by Councilman Whitecotton , entitled: Bill 151 "An Ordinance of the City of Jefferson , Missouri , establishing Election Primary and general elections in the City of Jefferson for 1981. " Bill No. 151 read the third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9560 Councilmen voting Aye: Borgmeyer, Crader, Halsey, Hequembourg Kliegel , Prenger, Wade and Whitecotton Councilmen voting Nay : None Councilmen absent : Brant and Gordon. • .`✓_: .ice it Regular Council Meeting, December 15 , 1980 z Bill No 152, introduced by Councilman Wade, entitled: "An Ordinance of the City of Jefferson, Missouri , authorizing the Bill 152 4 Mayor and the Clerk of the City to execute a contract with Forrest Animal Capps and Associates, relating to the design and construction of a Shelter new animal shelter facility at 917 East Miller Street. " Bill No. 152 read the third time by title , placed on final passage and was defeated by the following vote : Councilmen voting Aye: Crader, Hequembourg, Wade and White- cotton. Councilmen voting Nay : Borgmeyer, Halsey, Kliegel, Prenger. Councilmen absent : Brant and Gordon. % Bill No. 155, introduced by Councilman Whitecotton, entitled: "An Ordinance of the City of Jefferson, Missouri , repealing Bill 155 Ordinances #8317, #8398 and #9302, pertaining to the Airport Trans- :as Commission and Ordinance #9298, pertaining to the Parking and portation Traffic Commission , and enacting a new Ordinance creating a Trans- Advisory { portation Advisory Board. " Board. f Councilman Whitecotton asked that the Ordinance be withdrawn and there was no objection . Mayor Hartsfield stated he had met with Mr. Thomas and Mr. I Randolph - if you read the Ordinances which created those two Commissions and compare it to the way we operate now - there are some problems. Iie stated he would set up a Committee of two or three Councilmen and let them visit with two or three members of the Commission and those two Committees review and rewrite the Ordinances. Bill No. 156 , introduced by Councilman Hequembourg , entitled: + Bill I.5G "An Ordinance of the City of Jefferson , Mi ►souri , repealing Section 2-26, Ccmmittoo of Whole Council , from the Code of the Committee City or Je f fereon , Missouri . " . of Whole na Council .Bill No 156 road th ' third time by title, p l aced on I passage and Wac:: defeated by the following vote : Councilmen voting Aye : Halsey, 114'gto mhuiirg , Prenger, Wade and Whitecotton . Councilmen voting Nay : Borgmeyer, Cruder , K) .1c1gel Councilmen absent : Brant. and Gordon . { Bill No. X157 , introduced by Councilman Hequembourg , entitled : IBM 157 "An Ordinance establishing regular City Council work sessions and Council. setting forth the procedure by which said work sessions may be Work suspended. " Sessions. Councilman Hequembourg requested that Bill No. 1.57 be placed on the Informal Calendar, Bill No. 158, introduced by Councilman Hequembourg , entitled : Bill 158 "An Ordinance of the City of Jefferson , Missouri , amending City Ordinance 9296, pertaining to City Committees, and Section 2-30 Committees. of the Code of the City of Jefferson , Missouri. " Councilman Hequembourg requested that Bill No. 158 be placed on the Informal Calendar. The following Resolution was presented: RESOLUTION BE IT HEREBY RESOLVED by the City Council, City of Jefferson , Missouri, that the Missouri Power and Light Company install street Resolution lights in accordance with recommendations presented to the City Street Council by the Missouri Power and Light Company and adopted by Lights. said City Council on December 15, 1980. 1. Install one 6800 lumen light between 408 and 412 Holiday Drive. 2. Install one 6800 lumen light on southside of street at 817 East High. George Hartsfield Geor:e Hartsfield pproved Mayor 15 'f Regular Council Meetin: December 15 1980 Councilman Hequembourg made the motion that such Resolution be adopted. Motion seconded by Councilman Kliegel and passed. ' The following Resolution was presented: A RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, % rMISSOURI , AS FOLLOWS : Section 1. Intent and Purpose. This Resolution by and between the City of Jefferson , Missouri , hereinafter referred to as "City" ; and Public Service Employees ' Local Union 45 of the Laborers' International Union of North America, AFL-CIO, herein- after referred to as the "Union , " has for its purpose the dis- Resolu- cussion of salaries and other conditions of employment , including • tion wages, working conditions, job security , grievances , complaints Local 'and other matters involving employee relations. Union 45 1 Section 2. Recognition. The Missouri State Board of 'Mediation certified the Union as the exclusive bargaining repre- f sentative of all the employees, excluding supervisors , in the j , Engineering and Sewer Division, Street Division, Transit , and i Central Maintenance Garage Division of the City of Jefferson , Missouri . Section 3. Management Rights. The City shall retain the t sole right and authority to operate and direct the affairs of the City and the Department of Public Works in all its various aspects, including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement , except as modified in this Agreement. Among the rights retained are the % City's right to determine its mission and set standards and service offered the public; to direct the working forces; to plan , =' direct , control , and determine the operations or services to be conducted in and by the Department of Public Works or by the employees of the City ; to assign and transfer employees ; to hire , promote, and demote employees; to suspend , discipline, or dis- charge employees for just cause; to relieve employees duce to lack of work or for other legitimate reasons , such layoffs being normally nccompliuhoct through attrition over a period of time with seniority being a conniderat.ion ; to make and enforce rules and regulations; and to change methods, equipment , or fact lit.ien. In the interest of harmonious relations with its employees , the 0 City ttgrc�eH that when there Is it major change in standardn , nervic:on , honot' ttn , supervision (contracting) , vuluu , regulations , or working conditions proposed , it will meat, and discuss such 1 changer with the Union prior to their implementation . Suction 4 . Ruins and itylulationn. The Union agrees that, its nernborn shall comply with all City and Department. of Pub. ie Works rules and regulations. Thu City agrees that the employees and the Union will be consulted during the development Stage of the aforementioned rules and regulations. It in agreed that a grievances shall be defined as a dispute or difference of opinion raised by an employee covered by this agreement , or the Union , against the City involving halm as to the meaning, interpretation , or application of the express provisions of this Agreement . Such a grievance shall be processed expeditiously according to the pro- cedures set forth in the Agreement . Nothing in this section shall prohibit the Union from assisting a member in an appeal pertaining to City or department rules or regulations. Section 5. No Strikes-No Lockouts. No Strikes. During the term of this Agreement , neither the Union, its officers, or agents f any employee will, directly or indirectly , promote, induce, in- stigate, encourage , authorize, ratify, condone, or participate in any strike, sympathy strike, slowdown, concerted stoppage of work, refusal to report to place of duty, or any other intentional in- terruption of the operations of the City ; regardless of the reason for doing so. Any or all employees who violate any of the provisio f this section may be discharged or otherwise disciplined by the City. No Lockout . The City will not lock out any employee during the term of this Agreement as a result of a labor dispute with the .Union. 16 Regular Council Meeting, December 15, 1980 Section 6. Seniority. Employees will not be suspended or discharged without just cause. The City will notify the employee in writing of any suspension or discharge, with a copy of said notice to the steward of the respective division. If it is necessary to adjust the work force, employees will b laid off and/or recalled in accord with their "Division" seniority with the last senior employee being laid off first and the most • senior laid off employee recalled first , provided, however, that employees regained or recalled have the necessary qualifications to • do the work that is available. Seniority for the purpose of vacation and retirement shall be City-wide seniority, from the employee' s last date of employmen . Section 7. Salaries. All employees covered by this Agree- ment shall be classified and paid in accord with wages and clas- sifications as per Schedule A attached. Section 8. Vacation. City employees shall be granted vacation leave based on continuous service, as hereinafter defined, as follows : (a) At the end of twelve ( 12) months' service an employee 1 shall be entitled to ten ( 10) working days vacation , and similar ' Resolution vacation at the end of each twelve ( 12) months ' service for the ( Local next four (4) years. Union (b) In addition to the ten ( 10) days prescribed in the 45. preceding paragraph, the employee shall be entitled to one ( 1) additional day of vacation at the end of the sixth year, and one ( 1) additional day for each full year thereafter until the vaca- tion shall be fifteen (15) working days at the end of the tenth year. (c) After completion of fifteen (15) years service the employee shall be entitled to twenty (20) working days vacation at the completion of each full year employment thereafter. (d) Vacation leave may not be accumulated in excess of thirty ( 30) days. (o) Vacat ion leave will normal.l y be taken in one period, but variations and scheduling of vacations will be at the dis- cretion of the Department )lead, giving consideration , so far as possible, to the emp l oyee' ;a cloc;.t.rcts3. ( f) The vacation I. ime allotted under this Sect. ton shall. bu for continuous .cruise for Cho City without interruption , except, that the City Counc i l may grant a leave of absc'tsco, for good cantle, to any employee, for tc period or not to exceed one ( l ) year, and resumption or duty after such elave will be con- sidered continuous service. The period or 1Ottvo or absence , however , shall not be counted as working time for the benefits heroin granted. Section 9. Work Du and Work Week. Beginning of the work week shall be at 12 :01 a.in. on Sunday and end at 12 : 00 midnight the following Saturday . A basic work week will constitute forty (40) hours. Eight ( 8) hours (shall constitute a regular day ' s work. All work performed over eight (8) hours in any one regular work day or forty (40) hours in one regular work week shall be paid at the rate of one and one-half ( la) times the regular rate of pay. Section 10. Supervisors' Status. Supervisors who are ex- cluded from the bargaining unit shall not do bargaining unit work on a regular or routine basis. Section 11. Sick Leave. All City employees shall be granted sick leave as follows : (a) Sick leave shall be accumulated by employees at the rate of one and one-half ( li) days per month for each full month of service, and may be accumulated for a period not exceeding ninety (90) working days. In the event an illness shall extend beyond the period of accumulated sick leave , a leave of absence may be granted by the City Council for an additional period. (b) Sick leave shall be granted to an employee when the latter is unable to perform his duties as a result of personal illness or injury. (c) The head of the Department may grant hourly sick leave for necessary medical, dental or optical examination , or treatment , for the time required for same. 17 , Regular Council Meeting, December 15, 1980 (d) An employee absent and requesting sick leave for four (4) consecutive working days or more may be required, as a con- dition to the granting of such leave , to furnish a physician ' s certificate indicating that the illness was disabling, and the nature of same. (e) Sick leave shall represent working days and shall not be reduced by authorized holidays or weekends , or days off for those on forty-hour week. Section 12. Emergency Leave. All employees shall be granted emergency leave as follows : (a) In the event of death, serious injury , serious or contagious illness in an employee's immediate family, the employee may be granted emergency leave by the head of his department , not to exceed a total of six (6) working days in each year. (b) Such emergency leave , when granted by the head of the department , shall be leave with pay and in addition to the vacation and sick leave hereinafter granted. Not more than three ( 3) consecutive days shall be granted at any one time , within the Resolution limits of the six (6) days prescribed above for each year. Local (c) The immediate family of an employee is defined as Local 45. wife, husband, child, brother, sister, parents, grandparents and grandchildren. Heads of the department are authorized to grant leave for the funeral of other relatives or close friends of the employees for one-half (i) day or longer, if deemed necessary by such department head. Section 13. Call-in and Call-back. An employee called in to work on a day not scheduled will be given a minimum of two (2) hour work, or a minimum of two (2) hours pay, if given less than two (2) 1 hours of work. (a) An employee that has completed the scheduled day and left the work place and called back will be given a minimum of two (2) hours work or a minimum of two (2) hours pay. ( b) An employee called to work before the normal shift 1� time and who continues working into the regular shift will not be considered to be either culled-in or called-back, and will be paid only for all hours worked. IF there is a thirty (30) minute or less period between the time of completing the work For which the employee was called in bet'ore normal starting time , this time will be considered also as time worked. .' ec tion 14 . liol i day r. Al l ermpi oyeres shall be granted Holiday Leave inn thie tot. 1owI.ug days : Now Year' s I)ay Veterans ' Day Truman 's Birthday Thanksgiving 1)ay Memorial Day Christmas Day Independence Day Employee ' s Birthday Labor Day I f one of the above holidays falls on Saturday , the preceding ' Friday shall be the clay of leave. if such holiday fails on Sunday, Monday shall be the day of leave. The employee shall be required � to utilize the Birthday Holiday within fifteen ( 1 a) days prior or after the employee ' s actual birth date. Section 15. Retirement. Each employee is hired on a six (6) month probationary basis. Upon completion of a six (6) month pro- bationary period, the City will contribute to the LAGERS retirement plan with employee benefits being computed upon a 11% basis upon retirement. r Section 16. Insurance. The City shall provide hospital insur ance for the employee. The City shall pay twenty-five percent (25% of the employee's premium for hospital insurance for dependents coverage. Section 17. Rest and Lunch Periods. Employees will be given two (2) fifteen ( 15) minute rest periods with pay during the normal 'work shift. The rest periods may be designated by the City . The employee shall be allowed one ( 1) thirty (30) minute lunch period per work shift . Supervisor may require employee to eat lunch at the employee' s work location, except when the temperature is below 20 degrees or above 90 degrees. Section 18. Stewards. ( a) The Union may appoint a Steward in each Division and will notify the department head of the ap- pointment. The Steward shall be subject to the same terms of • mployment as any other employee, but he shall not be discriminated against by reason of the fact that he is serving as a Steward. 18 Re:ular Council Meetin: December 15 1980 (b) The Steward shall be a working employee who shall , in addition to his regular work, be permitted to perform his duties as a Steward during working hours, but in no event shall this exceed four (4) hours in any one working week. A Steward's duties shall include the adjustment of grievances. The Union agrees that such duties shall be performed expeditiously and will not interfere with normal work progress. (c) When any employee is subjected to disciplinary action, transfer or discharge, the Employer shall notify the Union. Section 19. Bus Driver Split Shift Differential. All full- time bus drivers in the Transit Division who work a split shift shall be paid an additional 25¢ per hour as a premium for being assigned to a split shift. Section 20. Grievance Procedure. The following procedure Resolution shall be observed by the City and the Union : Local STEP 1 . If an employee has a grievance, he shall first Union 45. take it up with his supervisor. The employee, if he so desires, shall have the right to have his steward present . STEP 2. If the employee is unable to resolve his grievance at Step 1 within three (3) working days, he shall put the grievanc in writing and submit the matter to his department head. STEP 3. In the event that the employee is unable to re- solve his grievance at Step 2, he shall, within three ( 3) working days following receipt of the department head' s response, submit the matter to the Mayor or his designee. STEP 4. If a grievance is not satisfactorily adjusted at Step 3, the matter may be submitted to an arbitrator. If the employee desires to submit the dispute to arbitration , notice must be given in writing to the City within five ( 5) working days following receipt of the Step 3 answer. When arbitration is re- quested, a joint request will be made to the Federal Mediation and Conciliation Service for a list of seven ( 7) arbitrators. After receipt of such list , the parties hereto shall strike names al- ternately until one remains who shall be the arbitrator. It is understood that any arbitrator's decision is of an "advisory" nature and is not binding on either the City or the Union . However, both parties recognize that in the Interest of maintaining good labor relations , such decisions would normally be complied with. Section 21 . Bulletin Boards. The Union will lie allowed to usc: bulletin boards designated- by the department heads for the purpose of posting notices. Section 22 . Agreement. 131 ndin art successors . This Agreement., shall b0 binding upon t e parties and their successors and assign and no provisions, terms, or obligations herein contained shall be affected, modified, altered , or changed in any respect without mutual consent. Section 23. Length of Agreement,. This Agreement shall be in effect from December 1 , 1980, and shall continue in full force and effect from year to year thereafter unless written notice to change, revise or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the an- niversary date of this Agreement. The Agreement may be reopened at any time by mutual consent of the parties to maintain parity with other City employees on fringe benefits. President of the Council Ma or ATTEST City Clerk LOCAL #45 President Councilman Crader made the motion that such Resolution be adopted. Motion seconded by Councilman Kliegel and passed with one dissenting vote from Councilman Borgmeyer. f lb Regular Council Meeting, December 15, 1980 Councilman Borgmeyer then referred to the Board of Adjustment Minutes of November 18th. He stated that in many cases, where there is no opposition, the matter is approved. On Item 2 of these minutes he was questioning the parking. Mr. Benton replied that it was a commercial zone and before residential use can be expanded you must obtain a conditional use permit from the Board of Adjustment. They also requested a parking variance. Street Councilman Kliegel inquired into the matter of a street light at Light the intersection of Missouri Boulevard and Stadium, so that it Mo. Blvd. would be easier to see to make the turn. Mr. Mike Bates stated & Stadium the matter was under consideration at this time. Meeting adjourned. • I ! i i 1 • •