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HomeMy Public PortalAbout19880829 REGULAR COUNCIL MEETING, AUGUST 29, 1988 A Regular Council Meeting of August 29, 1988, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Randy Halsey. The following Council Members were present: Present: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, and Woodman. Absent: Davis. A quorum was declared present. PUBLIC HEARINGS: There were four public hearings scheduled for this meeting. The first public hearing was concerning the 1988 Property Tax Levy. There was no one present to speak either for or against this issue. The second public hearing concerned the rezoning of certain lots in Mall Ridge Addition, Section 2 . There was no one present to speak either for or against this issue. The third public hearing concerned the rezoning of a portion of Section 5, Township 44 North, Range 12 West. There was no one present to speak either for or against this issue. The fourth public hearing concerned the rezoning of .746 acre tract at 2815 South Ten Mile Drive. There was no one present to speak either for or against this issue. The public hearings concluded at 7:35 p.m. PRESENTATIONS PROM GALLERY: Mr. Mike Bowlby, Executive Vice President from SafeTech addressed the Council in support of the incinerator at Chamois. Mr. Bowlby presented a Resolution to Council asking them to consider approval of such which supports the concept of hazardous waste treatment facilities. Nancy McGowan, Project Engineer from SafeTech addressed the Council in support of the incinerator at Chamois. Ms. McGowan informed the Council that Missourians had a right and a responsibility to make sure our industries have a way to eliminate their waste. There were several questions from the Council as to the reason for selecting Chamois as the location for this incinerator. Ms. McGowan was asked if its location on the river had any bearing on their decision and Ms. McGowan stated that it did not Judy Warden, a resident of Herman, Missouri, and a representative of Missourians for a Safe Environment, spoke in opposition to the incinerator at Chamois. Ms. Warden announced that Mr. Seebacher was out of town and would be glad to answer any questions the Council might have at a later date. Ms. Warden stated there had been conflicting information given regarding the disposal of the waste and the construction of a landfill site. After some discussion of the Council, Councilman Feldman moved that further discussion of this project be before the Long Range Planning Committee. Councilman Halsey seconded the motion. Councilman Haake stated he felt the Council should clarify their position on this issue tonight so as eliminate further need for Council involvement. Councilman Haake went on to state that he felt this project was so far out of the area of Jefferson City that 34 4. REGULAR COUNCIL MEETING, AUGUST 29, 1988 there was no need for the Council to be involved. Councilman Haake stated he did not feel this incinerator would impact Jefferson City any more than the nuclear plant has. Councilman Mason stated his concurrence with Councilman Haake and stated he would like to see this issue settled at this meeting. Councilman Halsey withdraw his second. Councilman Feldman withdrew • his motion and made a new motion that this discussion be ended as of this evening. Councilman Haake seconded the motion. Councilman Gordon stated that Chamois was only twenty-two miles away and he would like someone to look at it very closely. Councilman Gordon sated that as there seems to be some inconsistencies in the information given, he would like a message to be sent to the Department of Natural Resources and/or the Environmental Protection Agency that the City would like this to be looked at very closely. Councilman Veile stated he felt it was mainly a Public Relations problem, however, he felt that if the hospitals and the Fire Department of Jefferson City were expected to respond and to assist in emergency situations, the City should know what was going to be required of them if something did happen. As there was no further discussion, the motion was voted upon and approved. The Mayor declared a five minute recess to allow those individuals who wished to leave to do so. The Council meeting recessed at 8: 15 p.m. The Council meeting resumed at 8:20 p.m. The Mayor stated she would like to proceed to Announcements by the Mayor and the recognition of Donald C. Roark. As there was no objection, Mayor Gardner requested Mr. Roark come forward and be presented with an Honorary Citizenship certificate and a key to the City. Earlier this year, Mr. Roark had discovered that a Mr. Kline had fallen down a bank and was holding onto vine to keep from falling onto the - railroad tracks. Mr. Roark had than called 911 and reported the emergency and then returned to Mr. Kline and had hold onto him until the rescue team had arrived, sustaining personal injury. Mayor Gardner stated the City wanted to recognize thin courageous act. CON8NMT AO NDA e The Consent Agenda consisted of the following items: a) Council Minutes of 08/01/88 b) Monthly Financial Statement c) Approval of the following bids: 1030 - Uniform Footwear, Police & Fire Depts. 1034 - Audit, Finance Dept. 1036 - Renovations, Interior Police Dept. 1039 - Sanitary Sewer, Phase Is Public Works 1040 - 1988 Curb & Gutter; Public Works 1041 - Sign Materials, Public Works 1045 - Liquid Calcium Chloride, Public Works d) Approval of Mayor's travel to Boston for NLC Conf. - December e) Renewal of Bid 945 - Drum Turning, Central Maintenance Mayor Gardner requested Item (d) Approval of Mayor's travel to Boston for NLC Conf. - December be removed from the Consent Agenda at this time. Councilman Haake moved approval of the Consent Agenda as amended. Councilman Woodman seconded the motion and it was approved. REGULAR COUNCIL MEETING, AUGUST 29, 1988 Mayor Gardner stated she had distributed a summary of her travel budget for the remainder of the year and requested the Council approve her proposed trip to Boston for the National League of Cities Conference in December. Councilman Halsey stated the • Finance Committee had met on Thursday and deferred action on this item until the budget review process. Councilman Halsey moved approval of the Council's and the Mayor's travel requests for the Missouri Municipal League Conference in Kansas City. Councilman Gordon seconded the motion. There was some discussion as to the fiscal advantage to paying the registration early and the need to proceed with the travel arrangements for this proposed trip. Councilman Gordon stated he would like to see the City Administrator possibly attend this meeting and would also like to see some reports brought back to the Council as to the value of the information obtained at these meetings. Councilman Gordon further stated that he felt the City Administrator deals daily with problems and would benefit from these meetings. Mayor Gardner stated that City Administrator Dave Johnston had attended the NLC meeting last year in Las Vegas and that she has brought back reports from the meetings she attends and has passed along information obtained to the appropriate Department Directors. Mayor Gardner further stated there is a written report on file with the city Clerk. There was some confusion as to the motion that was on the floor, and for clarification, Councilman Halsey restated his motion. Councilman Halsey stated that last Thursday the Council, as a whole, in the Finance Committee agreed to approve the travel of the Council and the Mayor to the MML Conference in Kansas City and to place the Boston trip on hold. Councilman Owens moved for a division of the question. Councilman Scheulen seconded the motion and it was approved. Councilman Halsey moved that the travel of the Council and Mayor for the MML Conference in Kansas City be approved. Councilman Gordon seconded and it was approved by the following roll call vote: Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Schoulen, Voile, and Woodman. Nay: None. Councilman Halsey moved the Mayor's travel to Boston be deferred. Councilman Gordon seconded the motion and it was approved by the following roll call vote: Aye: Feldman, Gordon, Halsey, Mason, and Voile. Nay: Haake, Owens, Scheulen and Woodman. Mayor Gardner wished to state for the record that delaying action would cost the taxpayers more money, it is a waste of this money and she disapproves. BIDS/PROPOSALS OVER TWENTY-FIVE THOUSAND DOLLARS: Councilman Voile moved approval of Bid 1030 - Chemicals, Public Works. Councilman Halsey seconded the motion and it was approved. Councilman Haake moved approval of Bid 1046 - Sodium Chloride, Public Works. Councilman Scheulen seconded the motion and it was approved. Councilman Halsey moved approval of Bid 1048 - Hydrated Lime, Public Works. Councilman Gordon seconded the motion and it was 356 REGULAR COUNCIL MEETING, AUGUST 29, 1988 approved. MINUTES/REPORTS RECEIVED AND PILED: Mayor Gardner announced the following minutes and reports had been received and were on file in the office of the City Clerk. Housing Authority Board of Commissioners 7/7/88; Police Personnel Board 7/7/88, 7/12/88, 7/13/88; Transportation Commission 7/19/88; Equal Employment Opportunity Committee 7/21/88; Jefferson City Cable Quality Commission 7/8/88; Parks & Recreation Commission 6/28/88 & 7/26/88; Parks & Recreation Activities Committee 7/20/88; Board of Adjustment 8/9/88; Departmental Monthly Reports Reports: Public Service Commission response - Capital City Water & Water District No. 2. ANNOUNCEMENTS BY MAYOR: Mayor. Gardner announced a Special Council meeting to present the budget to the Council on Friday, September 2, 1988, at 8:00 a.m. Mayor Gardner announced that Mr. Dave Mason had withdrawn his name from nomination of the Cable Quality Commission. Mayor Gardner announced that Mr. Brad Hutahs.son was being recommended to the Parks and Recreation Commission to fill the unexpired term of Charles Jackson who was being removed for lack of attendance. Councilman Halsey stated that he did not object to the candidate that was being proposed to this position nor did he object to the Mayor replacing individuals who did not attend meetings. Councilman Halsey went on to state his objection to the Mayor not appointing a now representative to the Transportation Commission after the Council had denied her first appointee. Councilman Halsey moved to table the appointment of Brad Hutchison to the , Parks and Recreation Commission until action has been taken on the Transportation Commission. Councilman Gordon seconded the motion. Councilman Mason stated he also had some concerns about the situation with the Transportation Commission and is going to vote in support of Councilman Halsey's motion. Councilman Mason further stated he supported Mr. Hutchison for the Parka and Recreation Commission. Councilman Voile stated he was opposed to the motion. He supported the appointment of Brad Hutchison and he felt the Council should take action concerning the Transportation Commission, but that this was not the action to take. Mayor Gardner stated she would fill the vacancy as soon as she finds the person she feels will be dedicated and will do the job. She stated she would not recommend the appointment of anyone just to fill a position. Councilman Woodman stated he felt the two issues were totally unrelated and the Mr. Hutchison should not be penalized for something that is occurring in the Transportation Commission. Councilman Scheulen stated he agreed with Councilman Veile and further stated he felt it would be the Council's responsibility to determine what would be a reasonable amount of time. Councilman Halsey called for the question and the motion was approved by the following roll call vote: •Sgl REGULAR COUNCIL MEETING, AUGUST 29, 1988 Aye: Feldman, Gordon, Halsey, Mason, and Owens. Nay: Haake, Scheulen, Voile and Woodman. Councilman Haake introduced Joey Owens who was in attendance at the meeting. Mr. Owens is a Boy Scout working on his Civic badge. HILLS INTRODUCED: Bill 88-63, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT FOR UTILITIES TO UNION ELECTRIC COMPANY FOR A GAS PIPELINE, AND TO EXECUTE THE NECESSARY DOCUMENTS CONNECTED THEREWITH. Bill 88-63 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-64, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD STOCKMAN CONSTRUCTION CORPORATION FOR THE 1988 CURB & GUTTER PROJECT, JAYCEE DRIVE. Bill 88-64 was read first and second time by title and ordered distributed to members of the Council. Councilman Mason requested a suspension of the rules for this bill. There was no objection and bill 88-64 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11085. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-65, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND VAUGHAN CONSTRUCTION COMPANY, INC. , FOR THE 1988 SANITARY SEWER PROJECT, PHASE I. Bill 88-65 was read first and second time by title and ordered distributed to members of the Council. Councilman Mason requested a suspension of the rules for this bill. There was no objection and bill 88-65 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11086. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # • Bill 88-66, sponsored by Councilman Halsey, 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 88-66 was read first and second time by title and ordered distributed to members of the Council. Councilman Scheulen questioned the fact that the contract was for a period of three years and wanted to know if this was legal. City Counselor stated this was a three year pricing but that if the Council failed to appropriate the necessary funds, there would not be a contract. 358 REGULAR COUNCIL MEETING, AUGUST 29, 1988 Councilman Feldman questioned the whether or not the company was retained because of price or because of the feeling they would perform a superior service. City Administrator Dave Johnston stated that the recommendation was based on both factors. The firms bidding were two local firms and the City had had experience with both firms and had been pleased with the service Williams- Keepers offered. After further discussion, Councilman Feldman moved to table this bill until the Council had had opportunity to review the proposals and determine what recommendation was appropriate. Councilman Feldman was informed his motion was improper at this time as this was the first reading of this bill. # # # Bill 88-67, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROY A. SCHEPERLE CONSTRUCTION COMPANY, INC. , FOR RENOVATIONS TO THE INTERIOR OF THE JEFFERSON CITY POLICE DEPARTMENT. Bill 88-67 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-68, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING THE INTENT TO ANNEX AN UNINCORPORATED AREA DESCRIBED HEREIN, OF THE CONTIGUOUS BOUNDARY WITH THE LENGTH OF THE PERIMETER OF THE UNINCORPORATED AREA, ADOPTING A PLAN OF INTENT, REQUIRING A PUBLIC HEARING, AND ESTABLISHING THE EFFECTIVE DATE OF SUCH ANNEXATION. Bill 88-68 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-69, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 , AS AMENDED. Bill 88-69 was read first and second time by title and ordered distributed to members of the Council. Councilman Woodman requested the rules be suspended for this bill. There were no objections and bill 88-69 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11087. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-70, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING SECTION 153 ( I 1F gu S im 5. ETC, ) OF CHAPTER 18 (J4OTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF JEFFERSON AND ENACTING A NEW SECTION 153 IN LIEU THEREOF. Bill 88-70 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-71, sponsored by Councilman Mason, entitled: a5o. REGULAR COUNCIL MEETING, AUGUST 29, 1988 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES AT ONE ELM PLAZA IN JEFFERSON CITY, MISSOURI. Bill 88-71 was read first and second time by title and ordered distributed to members of the Council. Councilman Mason requested the rules be suspended for this bill. There was no objection and • bill 88-71 was read third time by title, placed on final passage, • and passed by the following vote as Ordinance No. 11088. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile and Woodman. Nay: None. # # # Bill 88-72, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE DEDICATION OF HOBBS ROAD AS A PUBLIC STREET. Bill 88-72 was read first and second time by title and ordered distributed to members of the Council. # # # • Bill 88-73, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET BY APPROPRIATING FUNDS FROM THE STREET RESURFACING ACCOUNT FOR THE IMPROVEMENTS TO HOBBS ROAD. Bill 88-73 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-74, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET BY APPROPRIATING FUNDS FROM THE ILS GLIDE SLOPE ACCOUNT TO COMPLETE THE INSTRUMENT LANDING SYSTEM. Bill 08.74 wan read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-75, 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 ALL OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 44 NORTH, RANGE 12 WEST, FROM RS-1, SINGLE FAMILY RESIDENTIAL, TO RS-2, SINGLE FAMILY RESIDENTIAL. Bill 88-75 was read first and second time by title and ordered distributed to members of the Council. • # # # Bill 88-76, 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 .746 ACRE TRACT AT 2815 SOUTH TEN MILE DRIVE FROM RS-1, SINGLE FAMILY RESIDENTIAL, TO C-2, GENERAL COMMERCIAL. Bill 88-76 was read first and second time by title and ordered distributed to members of the Council. # # # 3.6o REGULAR COUNCIL MEETING, AUGUST 29, 1988 Bill 88-77, 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 CERTAIN LOTS IN MALL RIDGE ADDITION, SECTION TWO, FROM RS-1, SINGLE FAMILY RESIDENTIAL, TO RA-2, MULTIPLE FAMILY RESIDENTIAL. Bill 88-77 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-78, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET BY APPROPRIATING FUNDS FROM THE PARKS AND RECREATION FUND BALANCE FOR THE McKAY PARK PROJECT. Bill 88-78 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-79, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 88-79 was read first and second time by title and ordered distributed to members of the Council. Councilman Halsey requested the rules be suspended for this bill. There were no objections and bill 88-79 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11090. Aye: Feldman, Gordon, Hooke, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-80, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVE THE PLAT OF COUNTRY CLUB ESTATES, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 88-80 was read first and second time by title and ordered distributed to members of the Council. Councilman Scheulen requested the rules be suspended for this bill. There were no objections and bill 88-80 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11091. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veils and Woodman. Nay: None. # # # Bill 88-81, sponsored by Councilmen Voile, Gordon, Halsey, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING ARTICLE IV OF CHAPTER 16 AND ENACTING A NEW ARTICLE IV WHICH LEVIES A LICENSE TAX ON CERTAIN GROSS RECEIPTS OF HOTELS, MOTELS AND SIMILAR PLACES OF BUSINESS TO BE USED TO PROMOTE CONVENTIONS AND VISITORS; ESTABLISHING A CONVENTION AND VISITORS FUND; PROVIDING FOR THE COLLECTION OF THE LICENSE TAX; AND PROVIDING FOR THE KEEPING OF A REGISTER AND THE NUMBERING OF ROOMS. Bill 88-81 was read first and second time by title and ordered distributed to members of the Council. # # # REGULAR COUNCIL MEETING, AUGUST 29, 1988 BILLS PENDING: Bill 88-54, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI, FOR THE YEAR 1988. Bill 88-54 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11077. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-55, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO OBTAIN SANITARY SEWER EASEMENTS AND TO EXECUTE NECESSARY DOCUMENTS CONNECTED THEREWITH. Bill 88-55 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11078. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-56, 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 UNIVERSITY OF MISSOURI-COLUMBIA LAW ENFORCEMENT TRAINING INSTITUTE FOR THE TRAINING OP LAW ENFORCEMENT PERSONNEL. Bill 88-56 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11079. Aye: Feldman, Gordon, Husks, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-57, 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 ALEXIS FIRE EQUIPMENT COMPANY FOR THE REFURBISHING OF MACK PUMPERS. Bill 88-57 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11080. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile and Woodman. Nay: None. # # # Bill 88-59, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A PUBLIC ALLEY. Bill 88-59 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11081. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Nay: None. Voil and Woodman. e i 1 _ 36'2 REGULAR COUNCIL MEETING, AUGUST 29, 1988 # # # Bill 88-60, 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 FIRST CONTINENTAL FINANCIAL CORPORATION FOR EQUIPMENT LEASE/PURCHASE. Councilman Gordon moved to amend this by substituting Central Trust Bank for The First Continental Financial Corporation. Councilman Halsey seconded the motion and it was approved. Bill 88-60 was read third time by title, placed on final passage, and passed as amended by the following vote as Ordinance No. 11082. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-61, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT TO PURCHASE REAL ESTATE FOR THE WIDENING OF CEDAR STREET. Bill 88-61 was read third time by title, placed on final passage, and passed by the following vote as ordinance No. 11083. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 88-62, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, LEVYING AND ASSESSING A SPECIAL TAX BILL AGAINST THE LOTS OR TRACTS OF LAND FRONTING AND ABUTTING SCOTT STATION ROAD IN THE CITY OF JEFFERSON, MISSOURI, FOR THE IMPROVEMENT OF SAID ROADWAY. Bill 88-62 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11084 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. INFORMAL CALENDAR,: Bill 88-44, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO PURCHASE REAL ESTATE FOR RIGHT-OF-WAY FOR HIGHWAY 179 CORRIDOR. Councilman Mason requested this bill be held over on the Informal Calendar. RZBOLUTIONC t Councilman Scheulen moved to amend RS88-11 to reflect the action taken earlier by the Council and to change First Continental Financial Corporation to Central Trust Bank. Councilman Haake seconded the motion and it was approved. Councilman Veils moved approval of RS88-11 as amended. Councilman Halsey seconded the motion and it was approved. Councilman Veils moved approval of RS88-12 concerning the adoption of the 1987 BOCA Fire Code. Councilman Haake seconded the motion REGULAR COUNCIL MEETING, AUGUST 29, 1988 .___.•and it was approved. Councilman Owens moved approval of RS88-13 regarding the directing construction and acquisition of a Sanitary Sewer Easement. Councilman Halsey seconded and it was approved. UNFINISHED BUSINESS: Councilman Gordon asked if the Mayor had received a response from the Highway Department in response to the request for signalization at 179 and Country Club Drive. The Mayor indicated that she had not received a response and Councilman Gordon requested that she contact them again. Mayor Gardner requested updated information from Police Chief Gary Kempker regarding accidents and injuries at this intersection. Councilman Feldman requested clarification as to whether Frog Hollow was still the number one priority for annexation or if Cedar City was now the number one priority. City Administrator Dave Johnston stated that Frog Hollow was still a number one priority for annexation and that Cedar City was a consolidation, which is a different process. Councilman Gordon requested some investigation be done into a cost effective means of repairing the shoulders of Country Club Drive which is repeatedly washed away by heavy rains. NEW BUSINESS: Councilman Feldman stated that he had been contacted by many constituents regarding activities at the Animal Shelter and because of the seriousness of the charges, moved that a committee of three members be appointed, consisting of Councilman Feldman, Councilman Mason and Councilman Owens, to investigate the operations of the Animal Shelter and make recommendations to the Council based on those hearings. The investigation should include public hearings, access to all records of the Animal Shelter. If, in fact, what is alleged seems to bo true, the findings shall be given to the County Prosecutor, and because of the seriousness of allegations, no further actions on contracts between the City and County at this time. Councilman Owens seconded the motion. After some discussion, Councilman Feldman amended the motion to include Councilman Woodman who is the Council Representative to the Animal Control Advisory Commission. Councilman Mason seconded the amendment and it was approved. IAfter much discussion, City Counselor Allen Garner advised Council that they were encroaching on areas that could place them in a 1 precarious legal situation and encouraged them to withdraw the motion and go into Executive Session for the purposes of discussing the problem. After further discussion, Councilman Halsey called for the question and requested a roll call vote be taken. The Mayor agreed to the roll call vote, but stated that she felt that as the City Administrator was in charge of personnel, it was only fitting that he be included in this investigation. The motion was approved by the following vote: Aye: Feldman, Gordon, Halsey, Mason, and Owens. 1 Nay: Haake, Scheulen, Veile and Woodman. There was further discussion on the need for an Executive Session and if there was just cause for calling an emergency Executive ' Session. Councilman Halsey stated his belief that if a majority of the Council wished to call for an emergency Executive Session they could. Councilman Randy Halsey requested a five minute recess. The Mayor granted this request and the meeting was recessed at t. 364 REGULAR COUNCIL MEETING, AUGUST 29, 1988 approximately 9: 15 p.m. The meeting resumed at 9:20 p.m. and Councilman Halsey informed the Council that City Counselor Allen Garner was investigating the legal standing for calling for an emergency Executive Session. Mayor Gardner suggested that the Council proceed with the Agenda and return to this item later in the meeting. City Administrator Dave Johnston stated that additional petitions for voluntary annexation in the Mall Ridge Addition had been received and should be referred to the Planning and Code Department for further action. Mr. Johnston stated it was further recommended that the date of the public hearing on these petitions be set for September 19, 1988. Mr. Melvin Rodgers of 1018 E. Dunklin addressed the Council as the Chairman of the Transportation Commission. Mr. Rodgers introduced Mr. Russ Butler who is the Chairman of the City Airport Support Group. Mr. Butler discussed the findings of the Airport Support Group that had been distributed in the Council packets and reviewed the four items the Airport Support Group felt were very important to the development of the airport. After some discussion on the report submitted to the Council, Councilman Voile moved that the recommendations made by the Airport Support Group be referred to the Long Range Planning Sub-Committee for further study and action. Councilman Haake seconded the motion and it was approved. City Counselor Allen Garner reported back to the Council regarding the legality of calling for an Emergency Executive Session. Mr. Garner's recommendation was that if the criteria could be met, the Council adjourn and call for an emergency meeting, which could be posted and notice given as to the purpose for the emergency meeting. Councilman Feldman moved he would like the council to make an investigation into the operation of the Animal Shelter. There was no second and the motion died. After further discussion, Mayor Gardner requested the Council allow Mr. Johnston to investigate the allegations and report back to the Council on his findings. Councilman Voile stated he felt this was a good idea, but thought it might be too late for that at this time and felt it was imperative that all of the Council know what allegations have been made. Councilman Voile moved to adjourn into Executive Session to discuss possible items of Personnel and Litigation. Councilman Halsey seconded the motion. After further discussion, City Counselor Allen Garner recommended the Council call a Special Emergency Meeting as opposed to an Executive Session. Mayor Gardner restated for the record that she felt the proper procedure to this action would be to give the City Administrator the opportunity and the time to investigate hearsay and report back to the council. Councilman Voile withdrew his motion and Councilman Halsey withdrew his second. Councilman Haake moved to adjourn. Councilman Owens seconded the motion and it was approved. The meeting was adjourned at approximately 10:25 p.m. s 3eg SPECIAL EMERGENCY MEETING, AUGUST 29, 1988 A Special Emergency Meeting of the City Council of the City of Jefferson, Missouri, of August 29, 1988, was called to order at 10:30 P.M. with Mayor Louise Gardner presiding. The following Council Members were present: Present: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile, and Woodman. Absent: Davis. A quorum was declared present. Councilman Veile moved to waive the 24 hour notice required for calling a Council meeting. Councilman Gordon seconded the motion and it was approved by the following roll call vote: Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile and Woodman. Nay: None. Councilman Voile moved to go into Executive Session for the purposes of discussion of litigation as provided for in RSMO 610.02 (1) and for the purposes of discussion of personnel as provided for in RSMO 610.02 (1) . The nature of the good cause justifying the failure to post notice 24 hours beforehand is the unexpected receipt of information concerning possible improprieties of a serious nature, including possible criminal charges, in the operation and conduct of the City Animal Shelter. Councilman Halsey seconded the motion and it was approved by the following roll call vote: Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, and Voile. Nay: Haaka and Woodman. At approximately 11:20 p.m. the Council reconvened in Open Session. Councilman Feldman moved to disregard the motion made at the previous meeting regarding a Committee to investigate the operation of the City Animal Shelter and that the City Administrator be directed to conduct a quick and thorough investigation, utilizing whatever City resources and personnel necessary, and bring the results to us as soon as possible. Councilman Owens seconded the motion and it was approved. Councilman Haake moved to adjourn. Councilman Gordon seconded and it was approved. The meeting was adjourned at approximately 11:23 p.m.