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HomeMy Public PortalAbout19881121 8'01 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 A Regular Council Meeting of November 21, 1988, was called to order • at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Marvin Feldman. The following Council Members were present: Present: Davis, Feldman, Gordon, Beaker Halsey, Mason, Owens, Scheulen, and Voile. Absent: Woodman. A quorum was declared present. Mayor Gardner welcomed Councilman Davis back to the meetings after his absence due to illness. MAYOR'S MESSAGE ON BILL 88-102: Mayor Gardner read the Veto message and the attached list of questions and concerns that had been distributed to the Council before the Council meeting. The message and questions are as follows: VETO MESSAGE . TO: City Council Members FROM: Louise Gardner, Mayor DATE: November 21, 1988 RE: Veto Message on Bill 88-102, Contract with Lincoln University for Public Access Channel Under the authority vested in my office as Mayor under the Charter of the City of Jefferson, Missouri, I hereby exercise my veto power under 3--11 (g) and veto Bill 88-102. As required by charter, I am delivering thin message to the Council prior to the commencement of the meeting on November 21, 1988. X would like to make it clear that my veto of this bill should not be taken as a reflection on Lincoln University or the Cable Quality Commission, both of whom have worked long and hard towards putting together a proposal for the operation of the public access channel. I would further want it understood that if a subsequent bill is proposed and adopted by the Council which addresses some of the specific questions and concerns that I raise in this veto message, I am more than prepared and would welcome the opportunity to approve such legislation. The bill presented to me for approval or disapproval must be disapproved on the basis it is not in the City's bent interest to enter into this arrangement as set forth in the contract document and the proposal from Lincoln University. There are several problems with the arrangement established pursuant to the contract and proposal. While many of these are minor problems, some could become major problems if they are not addressed. To preserve an orderly method of reviewing the contract, I have attached the specific problems and concerns to this message with reference to both the contract document and to the proposal which Lincoln presented which eventually resulted in the contract. Of particular concern to me is the lack of an accounting of the funds paid to Lincoln University and the lack of input on the part of the City on a number of levels in the proposed arrangement. Without adequate protection for the City, I feel it is my duty to veto this legislation. 398 • • REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 • In closing this message, I would emphasize that this veto •should `«y not be characterized as . opposing Lincoln University or its involvement in this area as disagreeing with the general direction of the Cable Quality Commission, but should be viewed as a positive statement of protection for the City. If the problems, concerns and questions which I have raised can be addressed and corrected in future legislation, i believe it will be possible to move forward in this matter once I am satisfied that the City has been protected. It will give me great pleasure to sign into law a contract with Lincoln University for operation of the public access channel after corrections have been made. I would propose that a work session with members of the Council, representatives of Lincoln University, representatives of the Cable Quality Commission be held to discuss the items in the attached list. QUESTIONS/CONCERNS REGARDING PUBLIC ACCESS CONTRACT Items for concern in contract: 1. If the contract contains the phrase "at its own expense", for what is the $50,000.00 to be used? 2. What does the phrase "fully qualified and shall be authorized under state and local law" mean? How does this relate to the use of student and/or volunteer help as proposed by Lincoln? 3. What type of procedures will be used to account to the City for the $50,000.00? 4 . What is the urgency in this matter that requires immediate action? Should not a work session on the subject be held? 5. What could happen during the thirty day waiting period after a default notice has been issued? 6. Is the insurance required adequate? Will the City be clear of liability? 7 . Is fifteen days notice enough for change in insurance policy? 8. To whom at the City should the notices be addressed? 9 . What will student and volunteer help do? 10. Where do people go to request time on the public access channel? 11. Will the City have any knowledge of requests for additional funding made by Lincoln University to other agencies? Will the equipment purchased with City funds or the $50,000 be used as seed money or matching funds? 12. Whose hours, City's or Lincoln's, will be used to define "usual business hours" referred to in the proposal? 13. How broad is the definition of City of Jefferson and Lincoln University as referred to in this proposal? Does this include educational and sports event broadcasting? 14. We have heard of one City awarding $40,000 to one school for such a program, are there others? 15. If the equipment to be purchased is for the public access channel at no charge to the City, what is the $50,000 for? 16. Under who's direction would the bulletin board be prepared? How would items be placed on the bulletin board? How would information be obtained? 800 • REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 17. Who is responsible for predefining the scheduling system? 18. Will the City have any input into the appointments to the Public Access Community Advisory Council? How will the City learn of the recommendations made by this council to Lincoln University? Who would be the city's representative to this council? Shouldn't the City also receive copies of the • reports of this council, not just the Cable Quality Commission? 19. If Lincoln University has the right to reallocate monies in the Operational Budget, does the City have the same right? 20. What about Lincoln University providing half of the $50, 000 and the City providing the other half? 21. Define "adequate security" as proposed in the paragraph concerning insurance? By whose determination will this be adequate? Councilman Gordon stated he could appreciate the Mayor's concerns, but that this issue had been studied closely for several months and would be a help to the entire community. Councilman Gordon stated he felt to uphold the veto would send a message to the community that the Council did not support Lincoln University or the Cable Quality Commission. Councilman Gordon stated he felt Lincoln University was capable of administering this program and the veto should be overridden. Mayor Gardner stated the reasons she was vetoing the message had nothing to do with Lincoln University or the Cable Quality Commission but that she felt the service to the community should be the best possible and this contract was not, in her opinion, in the beat interest of the City. councilman Scheulen stated he felt it would be a good idea to go through the Mayor's questions and obtain the answers from the appropriate individuals. Councilman Scheulen stated he felt the representatives from Lincoln University and the Cable Quality Commission could answer the questions that concerned their area and the City Counselor Allen Garner could answer the questions that concerned the contract. Mayor Gardner stated that the City Counselor had written the contract and that they disagreed on the contract. Councilman Feldman stated he did not feel it was necessary to go through the questions, that this issued had been studied by the experts for several months and did not feel that now was the time to redo this legislation. Councilman Owens stated she agreed with Councilman Scheulen and that the Council should review the questions. Councilman Mason stated he agreed with both Councilman Scheulen and Councilman Owens and that it could be brief, but the questions should be addressed. Mayor Gardner began reviewing her questions with Mr. Dan Diedriech representing Lincoln University and Mr. Bob Weber from the Cable Quality Commission answering the questions. Councilman Haake questioned the equipment being borrowed by private citizens or organizations. Mr. Diedriech assured the Council that the individuals using the equipment would have to be trained and sign a statement as to their qualifications for operating the equipment. There was some discussion as to the insurance requirements of the contract and whether or not the contract contained adequate .4400 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 • coverage. Councilman Scheulen asked City Counselor Allen Garner, if he felt the coverage was adequate. Mr. Garner stated the contract had adapted the standard language for insurance. Mr. Garner went on to state that the equipment would belong to the City and would be insured under the City's insurance policy. After further discussion and review of the questions, Councilman Veile stated he felt the Council had enough information upon which to base their decision. Councilman Veils stated the Council had discuss fourteen of the twenty-one questions and if any of the Council had any other questions to ask them now, otherwise, he would move to vote on the veto, and called for the question. The call for the question was seconded by Councilman Gordon and approved by a voice vote. • The Mayor then read the question, "Shall Ordinance 88-102 take effect despite the disapproval of the Mayor?" The ordinance was approved over the Mayor's veto by the following roll call vote: Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, and Voile. Nay: None. Councilman Haake requested a five minute recess. The Council recessed at approximately 8:35 p.m. at which time Councilman Davis left the meeting. The Council reconvened at approximately 8:40 p.m. CONSENT AGENDA: • The Consent Agenda consisted of the following items: a) Council Minutes of 11/7/88 b) Appointment of Rosemary Robinson as Deputy City Clerk c) Appointment to Jefferson City Police Department Probationary Police officer -- Hanna Dale Hicks d) Appointments to Boards and Commissions Library Board - Elizabeth A. Wilson to replace John McGhee who resigned. Term to expire June, 1990. Cable Quality Commission - Dr. Dan Bradbury to replace Kevin Kelly who resigned. Term to expire June, 1990. • Councilman Scheulen informed the Council that the Appointments Review Committee had met and recommended the approval of the proposed appointments. Councilman Haake moved to approve the Consent Agenda. Councilman Mason seconded the motion and it was approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes had been received and were on file the office of the City Clerk: Housing Authority Board of Commissioners 9/20/88; Traffic Safety Minutes 10/6/88; Long Range Planning Committee 11/16/88; Departmental Monthly Reports IANNOUNCEMENTS BY MAYOR: ill I a) Mayor Gardner announced that she and the City Administrator I Dave Johnston had held approximately 21 meetings with the City • -. 401 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 employees and had reviewed the changes in the Personnel Policy Manual with them and had distributed the appropriate awards for tenure of service. b) Mayor Gardner announced she had attended an meeting with District 5 of the Highway and Transportation Department for the State of Missouri and had obtained some color coded maps of proposed changes and improvements which would be on file with the City Clerk. c) Mayor Gardner commended the members of the various boards and commissions for their attendance and hard work this past year. d) Mayor Gardner announced the intent to have one Council meeting in December. This would alleviate a meeting the week of Christmas. The next Council meeting will be December 12. e) Mayor Gardner announced that Mr. Robert Altice will replace Sam Cook on the Housing Authority Board. Mr. Altice is the Vice President and General Manager of Modern Business Systems and has been active in the community for several years. f) Mayor Gardner announced that Council will have their picture taken at the next Council meeting. BILLS INTRODUCED: Bill 88-122, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE H OF SECTION 18-401 (YIELD INTERSECTIONS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF PEYTON DRIVE. Bill 88-122 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-123, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 2-46 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING ALTERNATE MEMBERS TO THE STANDING COUNCIL COMMITTEE ON REVIEW OF APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS. Bill 88-123 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-124, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A DEED OF SAID PROPERTY TO THE HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI. Bill 88-124 was read first and second time by title and ordered distributed to members of the Council. # # Bill 88-125, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE UTILITIES EASEMENTS TO UNION ELECTRIC COMPANY, UNITED TELEPHONE COMPANY, AND T.C.I. CABLEVISION, INC. FOR THE CAPITAL DISTRICT-REGIONAL WEST, DOWNTOWN UNDERGROUNDING PROJECT AND TO EXECUTE THE NECESSARY DOCUMENTS CONNECTED THEREWITH. Bill 88-125 was read first and second time by title and ordered distributed to members of the Council. 402 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 BILLS PENDING: Bill 88-112, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF MONTICELLO ACRES, SECTION FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 88-112 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11134. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen and Veils. Nay: None. # # # Bill 88-113, sponsored by Councilman Scheulen, 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 A 17 ACRE TRACT LOCATED NORTH OF WILLIAMSBURG WAY FROM PUD, PLANNED UNIT DEVELOPMENT, TO RS-1, SINGLE FAMILY RESIDENTIAL. Bill 88-113 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11135. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheuler. and Voile. Nay: None. # # # Bill 88-114, sponsored by Councilman Scheulen, 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 THREE PARCELS OF LAND IN SECTION 9, TOWNSHIP 44 NORTH, RANGE 11 WEST, ALL IN CALLAWAY COUNTY, MISSOURI, FROM RU, RURAL, TO M-1, LIGHT INDUSTRIAL. Bill 88-114 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11136. Aye: Feldman, Haake, Halsey, Mason, Owens, Scheulen and Voile. Nay: None. Abstain: Gordon. # # # Bill 88-116, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FAMILY MENTAL HEALTH CENTER FOR THE PROVISION OF MENTAL HEALTH SERVICES. Councilman Feldman informed the Council that he was not opposed to this bill, but he wanted the Council to keep in mind that this money was counted on by Memorial Hospital in submitting their proposal for services to the City. Councilman Feldman stated this money had not been reflected in their proposal and wanted to go on record as stating that this money needs to be accounted for in their next proposal. Bill 88-116 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11137. Aye: Gordon, Haake, Halsey, Mason, Owens, Scheulen and Veile. Nay: None. Abstain: Feldman. # # # Bill 88-117, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 408 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH T.F.L. D/B/A JEFFERSON CITY TAXI COMPANY FOR NON-PEAK SHUTTLE SERVICE TO THE CAPITOL COMPLEX. Bill 88-117 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11138. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen and Veile. Nay: None. # # # Bill 88-119, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.C. KIRKWOOD AND ASSOCIATES, P.C. , FOR THE DESIGN OF STANDBY ELECTRICAL POWER AT THE WASTE WATER TREATMENT PLANT. Councilman Mason requested this bill be placed on the Informal Calendar. # # # Bill 88-120, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT. Bill 88-120 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11139. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen and Voile. Nay: None. - a RESOLUTIONS: Councilman Voile asked for a brief explanation as to what this RS8B-20 regarding the amendment to the Urban Renewal Plan accomplished. Housing Authority Director Allan Pollock stated the resolution wan being requested no that the specific property the Housing Authority was considering purchasing could be added to the acquisition map. Mr. Pollock stated the property must be on the map in order for the Housing Authority to purchase it. Mr. Pollock stated the property they are considering is in the 200 block of W. McCarty, but there was no specific intent for development at this time. Mr. Pollock stated the Housing Authority owned property on both sides of this area and had been approached by the owner of this particular iece of property about the Housing Authority purchasing this site . Mr. Pollock stated the Housing Authority had agreed to pursue the possibility of acquiring this piece of property. Councilman Haake moved approval of RS88-20. Councilman Voile seconded the motion and it was approved. Councilman Voile moved approval of the RS88-21 regarding the support of the development of the Convention and Visitors Department. Councilman Gordon seconded the motion and it was approved. Councilman Haake stated he would like to see a work session on this contract before it is brought to the Council for approval so that there is not the problem with this bill that developed with the public access channel contract. UNYINISBED/NEW BUSINESS: Councilman Veile stated he was surprised to see an item in the Informal Report submitted by City Administrator Dave Johnston concerning the use of inmate labor in the area of street maintenance and parks and recreation. Councilman Voile stated he was surprised that no information had been given to the Council .404 REGULAR COUNCIL MEETING, NOVEMBER 21, 1988 regarding this issue and wanted to know what had been done along these lines. Public Works Director Mike Bates stated that he had met with the Department of Corrections to discuss this possibility, but nothing • had been finalized. Mr. Bates stated this idea had come from the Highway Department's beautification program, and that inmates are • used in the state parks and along state highways for maintenance. After further discussion, Councilman Veile moved that this program be explored further, but that no action be taken on it until the Council has had an opportunity to review a report from the City Administrator on how this program would work. Councilman Halsey seconded the motion and it was approved. Mayor Gardner announced the Executive Session had been postponed. There being no further business to come before the Council, Councilman Gordon moved the meeting be adjourned. Councilman Mason seconded the motion and it was approved. The Council meeting adjourned at approximately 9:30 p.m. � 1 } {