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HomeMy Public PortalAbout19831205 • 80 REGULAR COUNCIL MEETING, December 5, 1983 The Regular Council Meeting was called to order at 8:00 P.M. with Call to Mayor Hartsfield presiding. Order Prayer was offered by Mayor Hartsfield. Prayer The following Council Members were present: Roll Call Present : Borgmeyer, Davis, Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Absent: None. A quorum was declared present. Mr. John McGee, owner of the High Street Deli, was present to Liquor speak concerning issuing liquor licenses in close proximity to Licenses other businesses . He suggested that the Council consider allowing not only property owners to file objections, but also business owners since this would affect them as well. Councilman Borgmeyer stated he would like Tom Benton to have the Liquor Control Board look into this subject and report back to the Council. Mr.' Tom Stout and Mr. Ron Prenger were both present to state that Country Club they would both like to be heard at a later time when the Country Dive Club Drive roadway ordinance will be considered for a vote of the Council. The next item of business was the Consent Agenda, which included Consent Council Minutes of 11-21-83 and awarding of the following bids : Agenda 422 - Ferric Chloride Tanks , Public Works 428 - Shoes, Fire Department 429 - Utility Spreader, Transportation - Airport HELD OVER 423 - Chiller Repairs 426 - Police Vests & Supplies , Police Department Council Member Lock moved that the Consent Agenda be approved as presented, the motion was seconded by Councilman Gordon, and approved by voice vote. Mayor Hartsfield stated that the following minutes have been Minutes received and are on file in the City Clerk's office: Electrical ed Board, 11-18- 83; Liquor Control Board, 11-21-83; Parking & Traffic Commission, 11-17-83; Board of Adjustment, 11-8-83 and Animal Rescue Advisory Commission, 11-22-83. Mayor Hartsfield reported that he had attended the National Nati al League of Cities convention, at which time three items of i 1485,X0 of interest were presented: anti-trust exemption for cities , Cities industrial revenue bonds and diminished municipal regulation of cable tv. These three items will be heavily lobbied by the NLC in the Congress in the near future. The next item of business was appointments to boards and Appointments commissions by Mayor Hartsfield. The Council stated they wished to approve the appointments individually by board. The following appointments were considered for approval: City Cemetery Board Alexander Bell (December, 1984 ) Paul Robinson (December, 1985) Betty Rootes (December, 1986 ) REGULAR COUNCIL MEETING, December 5, 1983 Councilman Haake moved to approve appointees to the City Cemetery , Board, the motion was seconded by Councilman Viessman, and approved. 1. Equal Employment Opportunity Committee Y'' • Gary Hamburg (Permanent Member) Cheryl Rencher (December, 1984 ) Beth Hunter (December, 1984 ) • Dan Albert (December, 1985 ) John Pelzer (December, 1985) • Randy Allen ( December, 1985) Council Member Lock moved to approve appointees to the Equal Employment Opportunity Committee, motion was seconded by Councilman Hequembourg, and approved. Board of Adjustment James Tatum, Alternate (May, 1985 ) Tim Frevert, Reappointment ( September, 1988 ) Councilman Hequembourg moved to approve appointees to the Board of Adjustment , the motion was seconded by Councilman Viessman, and approved. Airport Commission Mel Roger; ( July, 1986 ) Councilman Hooke moved to approve the appointee to the Airport Commission, the motion was seconded by Councilman Davis , and approved. Planning, and Zon.i.n,._c_Commi ss ion Dave Lankford (May, 1985 ) . • Councilman llequernbourq moved to approve the appointee to the • Planning & honing Commission, the motion was seconded by Councilmen Gordon, and approved. Environmental Qua) t t:y Commission 4 James A. Pinch, Jr. , lioappo int.mont (November, 1988 ) Councilman Gordon moved to approve the appointee to then Invironmental Quality Commission, the motion was seconded by Councilman Hequembourg, and approved. Park Board Judy Dietzel, Full Term ( June, 1986) Mike Riley, Full Term (June, 1986 ) Lloyd Conley, Full Term ( June, 1986 ) Carolyn McDowell, Unexpired Term ( June, 1984 ) Bill Dallmeyer, Unexpired Term ( June, 1984 ) Councilman Davis suggested that a typographical error was responsible for the discrepancy in the designation of terms . Mayor Hartsfield stated that was not the case, rather the letters were send out at random and the designation of terms were not made clear at that time. Councilman Halsey requested that the appointments be sent back for reconsideration, to which Mayor Hartsfield replied that they had been before the Council long enough to vote on at this time. He stated that if the Council does not vote on the terms as designated that all terms will expire June 30, 1984 . A roll call vote was requested on the approval of the designation of terms. Councilman Hequembourg moved that the Park Board appointees be approved with terms as designated, the motion was seconded by Councilman Kliegel, and failed by the following roll call vote: • , 82 zi REGULAR COUNCIL MEETING, December 5, 1983 Aye: Borgmeyer, Hequembourg and Kliegel *ar Nay: Davis, Gordon, Haake, Halsey, Lock, Roark and Viessman :F $?;i Mayor Hartsfield announced that the terms of all appointees to , %°f the Park Board will expire June 30, 1984 . Parking and Traffic Commission Paul Cannon, Regular Member (May, 1984 ) • Rev. Spencer Roberts , Alternate (May, 1986 ) Council Member Lock moved to approve appointees to the Parking & Traffic Commission, motion was seconded by Councilman Haake, and • .-. approved. • r The next item of business was the introduction of bills . Introduction 14 of Bills Bill 83-167, sponsored by Councilman Viessman, entitled: 'Y AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING 83-167 PAYMENT FOR A CLAIM FOR CONSTRUCTION COSTS TO KAUFFMAN Kauffman : : EXCAVATING. Claim f Mayor Hartsfield suggested that the Council Members read this Bill very carefully and be prepared for discussion, and that unless he receives more information than he has at this time he will not sign the bill if it approves the first payment request. Bill 83-167 was read first and second time by title and ordered distributed to members of the Council . „'„ 8111. 83-168 , sponsored by Councilman Viessman , entitled: 03-168 'i' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND Vacst:inq DISCONTINUING A PORTION OF A PUBLIC ALLEY. Alley Till. 83-160 was read first; and second time by t.itl.o and ordered ,, distributed to members of the Council . • • Bill 83-169 , sponsored by Councilman Roark, entitled: 83--169 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , ACCEPTING AND Subdivision APPROVING THE PLAT OF LANUWEHR HILLS St1E)DIVJSION, SECTION 12 , A Plat SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI , AS HEREIN DESCRIBED. Bill 83-169 was read first and second time by title and ordered • distributed to members of the Council . . • Bill 83-170, sponsored by Councilman Roark, entitled: 83-170 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND Subdivision APPROVING THE PLAT OF LANDWEHR HILLS SUBDIVISION, SECTION 13, A Plat SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI , AS HEREIN DESCRIBED. s Bill 83--170 was read first and second time by title and ordered i distributed to members of the Council. • Bill 83-171, sponsored by Councilman Roark, entitled: 83-171 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND Subdivisio • APPROVING THE PLAT OF CHASE WOODS ADDITION, A SUBDIVISION OF THE , Plat CITY OF JEFFERSON, MISSOURI, AS HEREIN DESCRIBED. a: Bill 83-171 was read first and second time by title and ordered I distributed to members of the Council. , !i REGULAR COUNCIL MEETING, December 5, 1983 Dill 83-172, sponsored by Councilmen Gordon and Hequembourg, nt 83-172 entitled: <; Country AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING SECTION Club Drive 23-64(b) OF THE CITY CODE BY ADDING A PORTION OF COUNTRY CLUB .'' DRIVE TO THOSE ROADWAYS DESIGNATED AS ONE-WAY ROADWAYS, AND PROVIDING FOR THE SUBSEQUENT CLOSING OF SEGMENT OF THAT ROADWAY. Councilmen Gordon and Hequembourg requested that Bill 83-172 be placed on the Informal Calendar. . Bill 83-172 was read first and second time by title and ordered distributed to members of the Council. 83-173 Bill 83-173, sponsored by Councilman Gordon, entitled: Election AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER Ordinance 14 OF THE CITY CODE BY DELETING SECTIONS 14-7(b) , 14-13(a) , 14-19 AND 14-21 RELATING TO ELECTIONS, AND ENACTING IN LIEU THEREOF FOUR NEW SECTIONS PERTAINING TO THE SAME SUBJECT MATTER. _� Bill 83-173 was read first and second time by title and ordered distributed to members of the Council. Bill 83-174, sponsored by Councilman Gordon, entitled: a 83-174 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING Establishing PRIMARY AND GENERAL ELECTIONS IN THE CITY OF JEFFERSON FOR 1984 . Election Dates Bill 83-174 was read first and second time by title and ordered distributed to members of the Council. IIIPending The next item of business was PerTdiT:g-BillD - Bill Bills Bill 83-155, sponsored by Councilman Halsey, entitled: 83-155 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING A l :atxrrplcmcntal SUPPLEMENTAL APPROPRIATION OUT OF THE UNAPPROPRIATED FUND BALANCE f appropriation OF THE GENERAL FUND. % [5111 83- 155 was read third time by title, placed on fi.nzal. passage, and paused by the following vote an Ordinance No. 1.0114 : . Aye : E3orgn:oyer, Davis , Gordon, Haake, Halsey, Iloquembourg, Kliegel, Lock, Roark and Viessman. Nay: None. 83-156 Bill t33-156, sponsored by Councilman Roark, entitled: Contract for AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE Phase ix MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN Sewer CONSTRUCTION COMPANY, INC. , FOR THE 1983 PHASE II SEWER PROJECT FOR THE CITY OF JEFFERSON ACCORDING TO THE CONTRACT DOCUMENTS. Bill 83-156 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10115: Aye: Borgmeyer, Davis , Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: None. 83-157 Bill 83-157, sponsored by Councilman Roark, entitled: Surface AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING Water ORDINANCE NUMBER 9109, SUBDIVISION CODE, BY ADDING A NEW Drainage PARAGRAPH TO SECTION 8 .2 . 3 PERTAINING TO SURFACE WATER DRAINAGE. Councilman Roark requested that Bill 83-157 be withdrawn. :. 84. =pr c REGULAR COUNCIL MEETING, December 5, 1983 Y�i w._,. __...._. ..... ....._.,_ .. . _ _ r �—_— 83..158. ' . —. t i Bill 83-158, sponsored by Councilman Hequembourg, entitled: Contract `i ':: ` AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE Aix/ -:,rte MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WEATHERCRAFT, Terminal :`:= . INC. FOR REROOFING THE AIRPORT TERMINAL AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 83-158 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10116: Aye: Borgmeyer, Davis, Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: None. • Bill 83-159, sponsored by Councilman Roark, entitled: S3-eating Tomes AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER T. - 23 OF THE CITY CODE BY ENACTING ONE NEW SECTION PERTAINING TO ti-.; OPERATION OF MOTOR VEHICLES. Councilman Haake asked the purpose of this ordinance, and Councilman Roark explained that it would allow police officers to issue citations for "squealing tires" and throwing gravel by cars. Council Member Lock moved that the word "willfully" be inserted between the words "shall" and "operate" in proposed Section 23-45. 1. The motion was seconded by Councilman Roark and ; approved by voice vote . Bill 83-159 was read third time by title, placed on final passage, and failed as amended by the following vote: Aye: Davis, Halsey, Lock, Roark and Viessman. Nay: Borgmeyer, Gordon, Haake, Hequembourg and Kliegel. MAYOR HARTSFIELI VOTES NO. 83-160 Bill 83-160, sponsored by Councilman Halsey, entitled: . Contract , , AN ORDINANCE OF THE CITY OF JI:I•F RSON, MISSOURI , AUTHORIZING ANI) Mental Health S'< DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH Clini c FAMILY MENTAL HEALTH CENTER FOR PROVIDING MENTAL HEALTH SERVICES. Bill 83-160 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10118: Aye: Borgmeyer, Davis , Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: None. Bill 83-161, sponsored by Council Member Davis , entitled: 83-161 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND RAGS DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE ON BEHALF OF THE CITY A CONTRACT WITH RAPE AND ABUSE CRISIS SERVICE RELATING TO PROVISION OF COUNSELING SERVICES AND PAYMENT FOR EQUIPMENT AND EXPENSES IN CONNECTION THEREWITH. Council Member Lock explained that since Bill 83-161 had been introduced she was appointed to the Board of Directors of RACS and therefore requested that Councilman Davis sponsor the bill to avoid a conflict of interest . Councilman Davis moved to amend the fi bill to allow payment to RACS to be made twice yearly, the motion was seconded by Councilman Roark, and approved. Bill 83-161 was read third time by title, placed on final passage, and passed as amended by the following vote as Ordinance No. 10019 : Aye: Borgmeyer, Davis, Gordon, Haake, Halsey, Hequembourg, Kliegel, Roark and Viessman. Nay: None. Abstain: Lock 85 REGULAR COUNCIL MEETING, December 5 , 1983 :.::: 83-162 1 Bill 83-162, sponsored by Councilman Halsey, entitled! :v chamber oi AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE camerce MAYOR AND CLERK OF THE CITY TO EXECUTE AN AGREEMENT WITH THE -t -:: Agreement JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR SERVICES REGARDING -.-,: ECONOMIC DEVELOPMENT. ..,F. :., ..., .7.:. Bill 83-162 was read third time by title, placed on final passage and passed by the following vote as Ordinance No. 10120: Aye: Davis , Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: Borgmeyer 83-163 Bill 83-163, sponsored by Councilman Halsey, entitled: Eye & Dental AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE :. MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COLE COUNTY DENTAL AND EYE PROGRAM FOR PROVIDING SERVICES PERTAINING TO EYE AND DENTAL SERVICES. Bill 83-163 was read first and second time by title and and passed by the following vote as Ordinance No. 10121 : Aye: Borgmeyer, Davis, Gordon, Haake, Halsey, Hequembourg, . Kliegel, Lock, Roark and Viessman Nay: None. ., 83-165 Bill 83-165 amended, sponsored by Councilman Viessman, entitled: Approving AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , ADOPTING AND City I Code ENACTING A NEW CODE FOR THE CITY OF JEFFERSON, MISSOURI; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL I(ECOME EFFECTIVE. Lyndel Porterfield explained the amendments which were added to 83-165 since it.n introdnetien at the November 21 meeting. Councilman Borgmeyer moved that the amendments be approved, the motion was seconded by Conneilman Davis , and approved by voice vote. Bill 83-165 wan road third time by title, placed on final paasage, and passed as amended by the following vote as Ordinance No. 10122: Aye ; Borgmuyer, Davis , Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: None. 83-166 13111 83-166, sponsored by Councilman Haake, entitled: Approving AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING SECTION Traffic 18-401 OF THE CITY CODE BY ENACTING SCHEDULES PERTAINING TO Schedules PARKING, SNOW ROUTES, TRAFFIC CONTROLS, WEIGHT LIMITS ON BRIDGES, AND SCHOOL CROSSWALKS. Bill 83-166 was read third time by title, placed on final passage and passed by the following vote as Ordinance No. 10123 : Aye: Borgmeyer, Davis , Gordon, Haake, Halsey, Hequembourg, Kliegel, Lock, Roark and Viessman. Nay: None. I Informal Calendar The next item of business was the Informal Calendar. • f r lh . t r F f, .1R:„. ' REGULAR COUNCIL MEETING, December 5, 1983 ,.,',04'-:=; 83�-164 =° t ,, Bill 83-164 , sponsored by Councilman Roark, entitled: b:. H AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING UI,:: ''; , z: SECTION 4, CONTAINED IN ARTICLE II, OF ORDINANCE NO 9509, Running at :gib. }_,:,,,;4y44 RELATING TO ANIMALS RUNNING AT LARGE AND ENACTING A NEW SECTION age F sA J ,, y 4 , ARTICLE II, RELATING TO ANIMALS RUNNING AT LARGE, PENALTY. zst: :-r Councilman Roark requested that Bill 83-164 be removed from the _';::', informal calendar and placed on final passage. He offered an • : '( amendment to the Bill which would delete the last paragraph from the text, the motion to amend was seconded by Councilman Gordon, and approved by voice vote. '' ` -- Bill 83-164 was read third time by title, placed on final r .<s '. ',-°- : passage, and passed as amended by the following vote as Ordinance No. 10124 : .tc. .=1, -,.-,,::-,-' q ?_-- Aye: Borgmeyer, Davis , Gordon, Haake, Halsey, Hequembourg, ~ ; ..it,-w-" Kliegel, Lock, Roark and Viessman. " 4.,tii Nay: None :Kj... -:f Y.~> Sale of `' 's: ,''%'- Councilman Hequembourg moved that the new City Code books be sold 5'. for $200 each and the supplements be sold for $40 per year. The City Code Books ':`„ • ', motion was seconded by Councilman Gordon, and approved. ,Att , E, Council Member Lock moved that a public hearing be held on the Motion for y1' K' Country Club Drive ordinance, the motion wan seconded by Public Hearing/ ,'tiV. ` Councilman Haake, and approved by voice vote . ; Country Club Drive - ='`t:;°- ;. Council Member Lock stated nhe had received correspondence ' concerning damage being dome to the High Street viaduct by the e~ltctnica.L:s 17cirae3 t.tsrted to molt ices and uraaw. M:lkt� (3satess sksatcad that 1 '` chemicals would be tracked onto the viaducts and that a ) resurfacing of that part.ic:ti.lar bridge dock has. been -included in i' "13 thi't yo ar 'u budget. ' ,. r Counc�i .lman Davin stated that, tlac: C.ounc. i.l had r,cues ted t:lasat iI Lary llarnburcJ questions ho asked of Mr. Hamburg in open session at this meeting. Mayor Hartsfield stated that ho had announced that business wi.l :l be taken up at the end of the agenda alter the end of the Executive Session, which is being held for the purpose of discussing real estate. Councilman Halsey stated he wished to discuss Mr. Hamburg's performance now rather than at the end of the Executive Sous ion. Mayor Hartsfield called Mr. Halsey out of order and asked Chief Patton, Sergeant at Arms, to remove Mr. Halsey from the Council ". Chambers . , There being no further business , Councilman Gordon moved that the 'y Adjot.arrutaent • Council be adjourned to Executive Session for the purpose of ,! discussing real estate, the motion was seconded by Council Member I Lock, and approved by the following vote: I Ayes Borgmeyer, Gordon, Haake, Hequembourg, Kliegel, Lock VExecutive and Viessman. , Session Nay: Davis and Roark. Councilman Halsey was absent from the Council Chambers . The Regular Council Meeting reconvened at 9 :00 P.M. with Mayor Reconvene Hartsfield presiding. Mayor Hartsfield stated that he does not { agree with discussing an employee in open session, but that he Gary feels it is his public duty to preside at the meeting. jfaraUr9 87 REGULAR COUNCIL MEETING, December 5, 1983 /%1 1_%.. 1A VI/11,4,111 IA/ - At Mr. Hartsfield stated that a recommendation made for any questions to be submitted to Mr. Porterfield for review before the meeting had not been followed as Mr. Porterfield had not received any such questions . He then advised the Council of guidelines to be followed during the discussion. He also stated that if a question were directed to Mr. Hamburg regarding an action that the Mayor took or instructed Mr. Hamburg to take, he would intercept the question and answer it himself. The floor was then opened for questions or discussions by the Council members . Councilman Davis stated that he did not believe his original motion calling for this discussion mandated that the Council submit their questions to Mr. Porterfield for legal review. He stated that the review should have taken place but there was no way he could force the Council to comply. Also he brought up that if City employees were being denied freedom of expression, then the threat of discussing an employee 's actions in open session may prove to be a detraction from any future wrongdoings . Councilman Roark stated that he disagreed with the Mayor's appointing the City Administrator to boards and committees and removing Council Members . Councilman Halsey stated that he felt that Department Directors and members of the Council, Chamber of Commerce, County Government, City Boards and Commissions and other individuals should have an opportunity to assess the evaluation of the City Administrator prior to any future pay raises . He felt that he has approved of many things accomplished by Mr. Hamburg in the past three years and feels more could have been accomplished with more cooperation from the Mayor. Mr. Halsey also mentioned the proceedings which transpired in the Courts at the sale of the Old City Hall and felt that the Grand Jury should investigate the placement of the statue and portraits of the donors of the Old City Hall in the new building, as well as the $196, 000 sale price of the Old City hail . Councilman Roark asked Mayor Ilartsfield to state what was included in a letter to himself dated a few months ago. Mayor klartafiold declined to quote from that letter. Mayor Hartu field staled that on many occasions he made Council aware that actions taken by Mr. Hamburg were at his direction and none of the Council Members had contacted him with questions or comments regarding those actions . He stated that a policy regarding advertising and hiring should be adopted. Adjournment After further discussion, Councilman Kl.iegel moved that the meeting be adjourned, the motion was seconded by Councilman Viossman and approved by voice vote.