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Home My Public Portal About19891120 .i }t. 1 z. }4iP:� { Q.btr. Pt w t' Ct it' ]5:..,.��,`t5;.,..:,...t.,.Y:'A"i:Y�r....t 1 ... ...r t� tA<y—�c;:4.ZY�' .cam Z ,s ..�. ..,..»... 1s:i�_sv.."t,.„�. _ .,.. ,�. +,. . ; .. _. s...a.. `17- r • 175 REGULAR COUNCIL MEETING, NOVEMBER20, 1989 A Regular Council Meeting of November 20, 1989, was called to order at 7:45 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Kyle Mason. The following Council Members were present: Present: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, and Woodman. Absent: None. A quorum was declared present. Mayor Gardner presented Mr. Christopher Lindsey and Mr. Lance Kappleman with proclamations and Keys to the City. Mr. Lindsey and Mr. Kappleman are youths who wore instrumental in the apprehension and arrest of a suspect in the armed robbery of Esser Liquor & Wine Center on Ellis Boulevard. PUBLIC HEARING: A public hearing began at approximately 8: 50 p.m. to diccuns the proposed rezoning of property bounded by Woodlawn, Monroe, Stadium and Madison from RS-4 , Single Family Residential to C-O, Office Commercial. There wan no one present to speak either for or against the proposed rezoning. The public hearing concluded at approximately 8 :52 p.m. PRESENTATIONS PROM GALLERY: Mr. Cary Collins, 2604 Huntleigh Place, addressed the Council as the Chairman of the Convention & Visitors Bureau Advisory Board. Mr. Collins reviewed for the Council the Convention & Visitors Bureau budget that had been distributed to the Council. Mr. Roger Brown, an attorney from Jefferson City, addressed the Council for his clients, Central Missouri Athletics, Inc. Mr. Brown reviewed for the Council the history of CMA and related to the Council how the owners had actively chosen to stay in their hometown and contribute to this community. Mr. Brown related to the Council some of the contributions that had been made by these gentlemen to the community. Mr. Brown expressed the concern his clients had over the process that was used to close the street in front of their business. Mr. Brown stated that the City may have had the legal right to proceed in the manner in which they did, but questioned whether they have the ethical right. Mr. Brown encouraged the Council to study the circumstances of what had occurred in this instance and to take steps to see that it did not happen again in the ..... ...»... ... -.,. . .. .,... : t tW_ . .4. ....... t ...t'. ay t. 5w t s 17 6 #a- ' REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 future. �'=rr City Counselor Allen Garner advised the Council against .scussinc s '1. ( the specifics of this case in open session as there was a action 11 still pending in the Court regarding this case, and the City had ' received a letter threatening a lawsuit seeking adequate compensation t,`F and possible punitive damages as well. Mr. Garner stated that if the }v ft 1 Council wished to discuss general policies, that would be acceptable, wf but he again cautioned the Council about discussing the specifics of this issue. Councilman Halsey questioned who was responsible for making this type of decision. City Counselor Allen Garner stated that the Council had adopted an ordinance designating the Director of Public Works as the person with the authority to close a street. Councilman Halsey stated that the persons who should have been informed first, that is the Councilmen for the fourth ward, were called last. Councilman Halsey stated this frequently happens in other wards and this policy needs to be changed. Councilman Halsey stated that if it werel important enough to close this street, then it should have been a' } decision of the Council to do so as the Council is the one who ultimately takes the responsibility for the action. Councilman Halsey stated he did not feel that the Council should put the interests of a large business over the interest of a small business.'; Councilman Halsey stated he felt the Council should examine the procedures that take place in City Hall in making those types of decisions. 11 Councilman Gordon stated he would like to explain to those present why he want along with the decision made by City staff. City Counselor Allen Garner again cautioned the Council that they were dealing with the specifics of the case and while the Council was being threatened with a RECO type violation which included punitive +1 damages and personal liability, that he would caution any Councilman to be cautious about making any statements about this event in this ! type of forum. Councilman Gordon stated he had been under the impression that the, action taken would expedite the process and make it better for those involved, not make it worse. CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of 11/6/89 b) Monthly Financial Statement c) Award of following bids: 1122 - Veterinary Supplies, Planning & Code Enforcement d) Approve acceleration agreement with J. C. Industries and Wald 177 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 Mart Stores e) Renewal of contract with River City Florist and Greenhouse for maintenance of interior plantings at City Hall f) Appointment of Joyce Preetorius as Deputy Municipal Court Clerk g) Appointments to the Jefferson City Police Department: Probationary Police Officer - Blake C. Northway Probationary Sergeant - Officer James Steven West Councilman Feldman moved to remove item (d) from the Consent Agenda to be discussed at a later time. Councilman Halsey seconded the motion. A voice vote proved inconclusive and a roll call vote was requested by Mayor Gardner. The motion was approved by the following vote: Aye: Davis, Feldman, Gordon, Hanker Halsey, Mason, Voile and Woodman. Nay: Owens and Scheulen. Councilman Mason moved approval of the Consent Agenda as amended. Councilman Haake seconded the motion and it was approved. Mayor Gardner announced that item (d) would be discussed following the Executive Session. MINUTES/RBPORTU RECEIVED AND FILED: Mayor Gardner announced the following minutes/reports had boon received and were on file in the office of the City Clerk. Police Personnel Board 9/7/89: Police Personnel Board 10/5/89 ; Commission on Historic Preservation 10/23/89 ; Equal Employment Opportunity Committee 10/31/89; Traffic Safety Commission 11/9/89; Reports: Administrator's Report on Near East End Improvement, Departmental Monthly Reports ANNOUNCRM1NTB BY MAYORS ;; Mayor Gardner reminded the Council that the next Council meeting ' would be December 11, 1989, and that this would be the only meeting '; for the month of December. 1 BILLS INTRODUCED: Bill 89-139, sponsored by Councilman Make, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE 178 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J, PARKING PROHIBITED, OF SECTION 18-401 BY ADDING A PORTION OF HYDE PARK ROAD. i Bill 89-139 was read first and second time by title and ordered' t distributed to members of the Council. I # # # i Bill 89-140, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE !' OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE G, STOP ;' I?iTEagECTIONS, SUBSECTION (B) OF SECTION 18-401 BY ADDING A PORTION OF ELDORADO DRIVE. Bill. 89-140 was read first and second time by title and ordered distributed to members of the Council. # # # ij tit Bill 89-141, sponsored by Councilman Woodman, entitled: f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND ;' DIRECTING THE MAYOR AND CLERK TO EXECUTE A WRITTEN LEASE ON CERTAIN 1, PREMISES AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO RICHARD P. TREMAIN AND RUBY A. TREMAIN. Bi1.1 89-141 was read first and second time by title and ordered distributed to members of the Council. Councilman Halsey requested Director of Transportation Marty Bros° to prepare a report on the amount of Galen tax the City receives from the Tremain's cafe. Councilman Halsey rsquentod thin information be given at the next 0 Council meeting. # # # Bill 89-142, sponsored by Councilmen Woodman and Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE COLE COUNTY GROUP HOMES BOARD FOR THE DEVELOPMENTALLY DISABLED FOR WHEELCHAIR LIFT- EQUIPPED BUS SERVICE. Bill 89-142 was read first and second time by title and ordered 'I distributed to members of the Council. Councilman Woodman requested ) a suspension of the rules for this bill. councilman Mason asked ifii this was a financial matter and needed to have the rules suspended. Mr. Marty Brose, Director of Transportation, informed the Council the Board would begin to pay the City for these services when this bill is approved. There was no objection to the suspension and Bill 89 142 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11341. Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile and Woodman. Nay: None. ;: i 1 179 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 # # Bill 89-143, sponsored by Councilman Owens, 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 THE PROPERTY BOUNDED BY. WOODLAWN, MONROE, STADIUM AND MADISON FROM RS-4, SINGLE FAMILY RESIDENTIAL, TO C-O, OFFICE COMMERCIAL. Bill 89-143 was read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: Bill 89-132, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JOHNSON, BRICKELL, MULCHAY & ASSOCIATES, INC. , FOR THE DESIGN OF STREET AND PARKING LOT LIGHTING FOR THE DOWNTOWN AREA. Councilman Voile questioned what specifically this contract would provide. Director of Public Works Mike Bates stated this contract would provide the final plans for Phase 1 of the downtown street lighting project. Councilman Voile stated he was opposed to this contract. Councilman Voile stated that on this agenda alone, four of the five contracts were for engineering firma that were going to tell the City what to do. Councilman Voile stated that every year the Council spends thousands of dollars on contracts with engineers and consultants and while some of those are very necessary, ho felt others could be done by City staff. Councilman Mason asked Mr. Bates if his staff was qualified to do this type of work, or if they had the manpower to do this type of project. Mr. Bates stated that most of the expertise in the Engineering Department is for the design and construction of stormwater drainage and streets. Mr. Bates stated that the Engineering Department does not have anyone specifically experienced in street lighting. As there was no further discussion, Bill 89-132 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11336. Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Scheulen, and Woodman. Nay: Owens and Veile. f Bill 89-135, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUCHER WILLIS & RATLIFF, CONSULTING ENGINEERS, PLANNERS AND ARCHITECTS FOR THE PREPARATION OF AN AIR SERVICE DEMAND ANALYSIS AND TRAVEL AGENT SURVEY. milimmillimmilimmimmill 1»st[i1 Ca c..,..:u s.krvs.... ., _.. .v...,.. ...-...5. . .. .,,... ,. ... -} ....,. ...,t:t. ..,_ ,... «... .r. ,.:E ..2`e,. 80 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 I Councilman Feldman asked if all of the money was in place for this contract. Mr. Marty Brose explained to the Council that the contract is contingent upon obtaining a grant from the State. Mr. Brose IIstated that if this grant was not received, then the contract would have to be renegotiated or a new company chosen for the project. Bill 89-135 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 1:1337 . Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, and Woodman. Nay: Veile. i # # # !� Bill 89-136, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THEM MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LAKE OF THE OZARKS ASSOCIATION FOR A PORTION OF THE COSTS FOR AN AIR SERVICE DEMANDS ANALYSIS AND TRAVEL AGENT SURVEY. Bill 89-136 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11338 . Aye: Davis, Feldman, Gordon, Haako, Halsey, Mason, Owens, Scheulen, I Voile and Woodman. Nay: None. l � 1 # # # I i. �� Bill 89-137, sponsored by Councilman Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINCOLN UNIVERSITY FOR THE OPERATION OF A PUBLIC ACCESS CHANNEL. Bill 89-137 was read third time by title, placed on final passage, i1 and passed by the following vote as Ordinance No. 11339. Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veils and Woodman. Nay: None. # # # Bill 89-138, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLIAMS-KEEPERS CERTIFIED PUBLIC ACCOUNTANTS FOR THE AUDIT OF CITY RECORDS. Bill 89-138 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11340. Aye: Davis, Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, 181 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 Veile and Woodman. Nay: None. RESOLUTIONS: Mayor Gardner announced that Resolution 89-23 would be held over until the next meeting as some members of the Rangers could not be present at this meeting. Councilman Mason moved approval of RS89-24 which approved participation in the Revolving Loan Program with the State of Missouri for sewer projects. Councilman Scheulen seconded the motion and it was approved. Councilman Haake moved approval of RS89-25 which approved the submission of an application for funding of a household hazardous waste collection project. Councilman Halsey seconded the motion. Councilman Owens stated she was very proud to be the sponsor of this Resolution and requested Charles Lansford, Community Sanitation Supervisor to explain what this project would entail. Mr. Lansford briefly described this project and its funding to the Council . As there was no further discussion, RS89-25 wan approved. UNFINISHED BUSINESS/NEW BUSINESS: After making reference to a letter received from TCI, in which they announced a delay in the proposed rate increase, Councilman Gordon moved to have Mayor Gardner write a letter of appreciation to ;senator Danforth for introducing his bill regarding cable television. Councilman Gordon encouraged the citizens to continue to contact their elected representatives to encourage support of thin bill . Councilman Mason seconded the motion and it was approved. Councilman Halsey stated that he felt the letter from TCI was very misleading. Councilman Halsey stated that the contract had not been changed since its passage, but TCI had implied that the rate increase was due to items demanded by the City. Councilman Halsey stated he felt this was very misleading and moved that Mayor Gardner write a letter to the TCI office here in Jefferson City, the Regional Office and the Corporate Headquarters in Colorado and clarify the items that were distorted by the letter received from TCI. Councilman Gordon seconded the motion and it was approved. Councilman Veils stated that his opinion of the letter is that TCI is contradictory. They stated in their letter that because of ':deregulation they have been able to offer the Public Access Channel, ':etc. , but then they said that because of these items, it is necessary ';to raise the rates. Mayor Gardner announced that Senator Danforth will be in Jefferson City next week and the City Administrator along with others will be .,q Lam'r t }' . .. !; v ' .4.. 1r.. {+ f"t' sy. '•!'s�.y� ..,,ti.« � z .s G. c Z-"4,.'.�qa" wfi .r. S"� .'r-.a.`x°`r21�u,�..t2t�� r. :A" ^r a'�L 'Y �.:w e..s. . F� '�.`��, �`e.4T;a 1x k'«. ,,�jj;; � >~Y t:.n alp., ,��.}4. - :'t �`i ,.;.,.,,...�,.3.1'.,� ��::��4 c�ie� �';.z� , ..a �+C�.v.tel t=; k -.%-",t,. 1:�.�.!t,+ 3 d+ �v. ��J.u� 'tiN'+.«+},��h�'��'�"�'� °7. ,�.,,�.��•�:�-y,+�f r��t� �{ i..s `(.4..� y�SF' 1' wa C .. .A34. S ,' a - , ti av 'i s v a° ,,�.S-z r- z - .:�ta,•'M�, -igko -' +�-,2� , d yC 7y:,... sY z' '1 *•»'''k,..-�.. �- <;..., C; . ,...� .� ?'r7�'`Gk��..2. dt y1. C ir.xzk.,.-w-'" « 3sk4 »`. "n'��a :'.e' 'cam". v' e:ract^:+e r' u.. �.?.�.•.,;3. gOct . '1"..6, REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 I ■ �r Iii meeting with him and will reiterate the City' s position on cabl e+ .� !j television. N. +: At the request of Councilman Owens, City Counselor Allen Garner �,` '. `� ,, summarized the explanation he had prepared on the smoking ordinance ,' w .� =..° I' and clarified some of the terms that had been set forth. z' Councilman Halsey stated that he had read the letter sent to the ttfe. r:} 1 Council from Representative Al Nil es concernin g the need for better �:},,,-, City Halsey;.. Ii communications between the Cit and State. Councilman Halse x expressed the need for a long range planning committee that would 4, i P c g g P 9 z,i 1 review the master plan for the City of Jefferson and would be able `.0, to tell State government what the City can offer them now and in the '=}+t t; future. Councilman Halsey stated that several years ago the State {rP ,. purchased some property from Lincoln University and are now in the .<..,. ' process of selling this land to private developers and the City has =,-A,; no voice in how this land is going to be developed. Councilman �Y ^ Halsey stated that the City needs to move ahead in the developing of� F Y Y P ! , .. j a Master plan. ; F (! Mayor Gardner stated she had met with Mr. Al Nilges and had had a if rather lengthy discussion with him and she felt it had been a very ,3x i positive meeting. ,. 1 : After further discussion, Councilman Haake stated he felt we flooded to encourage the State to lot the City know what they are desiring C to do in the way of land use and to let us know what they are wonting ^' from the City by way of assistance. ,I S9,z' Councilman Scheulen stated he felt the City needed to make every effort to keep the lines of communication open with the State on thin ''; issue. After further discussion, Councilman Feldman moved to have the Mayor. write a letter to Mr. Gary Plummer at the Jefferson City Area Chamber ` ' of Commerce asking him to identify what is being done at this time to communicate with the State and for a response to be given to the 1 Council in an appropriately brief time frame. Councilman Halsey, seconded the motion. After some discussion, Mayor Gardner stated she felt the timing for this motion was not the best. The Mayor further, stated that she felt that a response after the first of the year would be better. Councilman Feldman amended his motion to allow for II a response after the first of the year. Councilman Halsey seconded, the amendment. The amendment was approved and the motion as amended! was approved. II 1 Councilman Owens informed the Council that the City Flag Committee had net and were in the process of advertising the contest and would be submitting to the Council the three top entries for their (; decision. Ii Councilman Mason expressed his displeasure at the letter received by1 Dr. Pemberton from the principal of Lee's Summit school stating how • 183 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 "bad" the Jefferson City fans are. Councilman Mason stated he felt that Jefferson City fans were the best ever and that the conduct of two to four individuals should not reflect on the whole City. Councilman Mason also stated he did not feel the Jefferson City Police Department should be expected to ect as ushers at the football games. Councilman Mason stated if the Jefferson City public schools wanted to use the Police Department in this way, they could hire the reserve officers. Chief of Police Gary Kempker stated that he had investigated the complaint expressed in the letter and informed the Council of the information he had obtained. EXECUTIVE SEBBION: Councilman Feldman requested the Council discuss item (d) from the Consent Agenda in open session at this time. After some discussion, Councilman Haake moved item (d) of the Consent Agenda be discussed in open session following the Executive Session. Councilman Voile seconded the motion and it was approved with Councilman Feldman casting the only dissenting vote. As there was no further business to come before the Council, Councilman Owens moved the council go into Executive Session to discuss Real Estate as provided for in RSMo. 610. 025 (1) ; Litigation as provided for in RSMo. 610.025 (1) ; and Personnel as provided for in RSMo. 610. 025 (3) . Councilman Haake seconded the motion and it wan approved by the following roll call vote: Aye: Davis, Feldman, Gordon, Haako, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: Nona. The Council went into Executive Session at approximately 9:20 p.m. The Council reconvened in open session at approximately 10:45 p.m. City Clerk Brenda Cirtin called the roll and a quorum was declared present with the following members being in attendance: Present: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, and Voile. Absent: Davis and Woodman. Councilman Haake moved approval of Item (d) Approve acceleration agreement with J. C. Industries and Wal-Mart Stores, of the Consent Agenda. Councilman Scheulen seconded the motion. Councilman Feldman wished to go on record as voting in favor of this item only because of the information that had been given to the Council during the ;; Executive Session. As there was no further discussion, the motion `: was approved. Councilman Gordon moved the Council go into Executive Session for the purpose of discussing Personnel as provided for in RSMo. 610. 025 (3) . Councilman Halsey seconded the motion and it was approved by the following roll call vote. 184 REGULAR COUNCIL MEETING, NOVEMBER 20, 1989 Aye: Gordon, Haake, Halsey, Owens, Scheulen, and Veile. Nay: Feldman and Mason. Absent: Davis and Woodman. ACTION TAKEN IN EXECUTIVE SESSION: Councilman Halsey moved to approve the City Administrator's recommendation for no meritorious increase for Fire Chief Robert Rennick. Councilman Gordon seconded the motion and it was approved by the following roll call vote: Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, and Vielo. Nay: None. Absent: Davis, Woodman. 1