HomeMy Public PortalAbout19880801 1 . 045
REGULAR COUNCIL MEETING, AUGUST 1, 1988
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A Regular Council Meeting of August 1, 1988, was called to order
at 7:30 P.M. with Mayor Louisa Gardner presiding.
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,, Prayer was offered by Reverend Jerrol Boehmer, Pastor; First United
Methodist Church.
The following Council Members were present:
Present: Feldman, Gordon, Haake, Halsey, Mason, Owens,
Scheulen, Veils, and Woodman.
Absent: Davis.
A quorum was declared present.
PRESENTATIONS FROM GALLERY:
Mayor Gardner announced that due to the number of individuals
wishing to address the Council, there would be a limit of five
minutes.
Mrs. Mary Howerton, 3434 Hobbs Lane, spoke to the Council
concerning pornography in the City of Jefferson. Mrs. Howerton
informed the Council that her concern was not that there was a
4 great amount of pornography in the City, but that it is growing.
Mrs. Howerton stated that many business places in the City which
sell pornographic material do not have it properly covered and have
it displayed at a level that is easily visible by children. Mrs.
Howerton informed the Council that this is in violation of a state
statute passed in May of 1987. Mrs. Howerton distributed a report
from the Jefferson City Coalition Against Pornography listing
business establishments in Jefferson City in which do not properly
cover pornographic material. Mrs. Howerton asked the Council as
leaders of the City to become aware of the problem and stop it
before it grows any further.
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Mayor Gardner announced that as there were several individuals
present to address the Council on the Chamois incinerator, each
side would be allowed ton minutes.
The first individual to address the Council was Mr. Dan Soebachor
of Chamois, Missouri. Mr. Seobachor represented Missourians for
a Safe Environment and asked the City Council to Join with our
sister cities in this area in passing a resolution against the
incinerator. Mr. Soebachor stated that there wore 465 toxic
! compounds that were to be disposed in this incinerator and that
Jefferson City and Linn had been designated as the response teams
for an emergency situation. Mr. Seebacher left a packet of
information with the City Clerk for the Council to review. Mr.
Seebacher also left a video tape of the toxic plant at Calvert
City.
Mr. George Haggett addressed the Council concerning the Chamois
incinerator. Mr. Baggett stated that after several months of
investigation, he had become opposed to the building of this
incinerator. Mr. Baggett then relayed a story of a child who had
a bone marrow disease due to the toxic area in which she lived.
There were six individuals present in opposition to the
incinerator.
Representative Merrill Townley of Chamois, Missouri, spoke to the
Council in favor of the Chamois incinerator. Mr. Townley stated
that the information that had been presented had been very
generalized and that the developers of the incinerator had been
investigating a number of the problems experienced by others and
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REGULAR COUNCIL MEETING, AUGUST 1, 1988
were trying to find solutions to them. Mr. Townley stated that
this plant would assist in inducing industry to come to Missouri '`
by providing a service that is needed. Mr. Townley also stated
that the Chamois incinerator would meet the State of Missouri DNR
standards which were higher than the EPA standards.
Ma, Nancy McGowan, Project Engineer, Safe-Tech Management, Moberly,
Missouri, addressed the Council in favor of the Chamois
incinerator. Ms. McGowan stated that the DNR would be monitoring
several trial burns to ensure that the incinerator will do what it
is supposed to do. Ms. McGowan stated that this service was needed
in Missouri and would help induce industry to Missouri. Ms.
McGowan stated this was a high tech, commercial service and that
..r it would not be necessary to leave the state of Missouri to keep
the incinerator going. Ms. McGowan stated that she had given
packets of information to the City Clerk for distribution and if
any of the Council had any questions, they could contact her and
she would be glad to answer any questions they might have.
There were six present in favor of the Chamois incinerator.
CONSENT AGENDA:
a) Council Minutes of 07/18/88
b) Monthly Financial Statement
c) Approval of the following bids:
Refurbish Mack Pumpers, Fire Department
1033 - Lease Purchase Financing, Finance Dept.
d) Renewal of contract with Dullo Overhead Doors
e) Approval of Mayor's travel request
f) Approval of appointments to Boards and Commissions
Environmental Quality Commission - Larry Gala, to fill
unexpired term of Judge James Finch. Term to expire November
1988.
Councilman Schaulon informed the Council that the Appointments
Review Committed had reviewed the appointment of Larry Gale to the
Environmental Quality Commission and were recommending approval.
Councilman Schoulon stated the Committee had also reviewed the
appointments of Michael O'Rourke for one year; Willard Heine for
two years, and Clyde Angle for three years to the Firemen's Pension
Fund Board that were listed under Announcements By Mayor.
Councilman Schoulen moved these appointments be moved to the
Consent Agenda and recommended for approval. Councilman Hooke
seconded the motion and it was approved.
Councilman Halsey moved to have item (e) Approval of Mayor's travel
request referred to the Finance Committee along with the request
for the Council 's travel. Councilman Gordon seconded the motion
and it was approved.
Councilman Owens moved approval of the Consent Agenda as amended.
Councilman Scheuien seconded the motion and it was approved.
ANNOUNCEMENTS BY MAYOR:
Mayor Gardner read two of the memorandums that she had distributed
to the Council before the meeting. The first memorandum was
regarding Article 2-53 of the Code of the City of Jefferson which
states:
"When a member is speaking, other members shall not hold
private discourse, pass between the speaker and the
chair, or in any other manner interrupt the speaker. "
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REGULAR COUNCIL MEETING, AUGUST 1, 1988
The second memorandum was regarding the Council meeting scheduled
for August 15. Mayor Gardner and Present Pro Tempore will both be
out of town and unavailable for the August 15 meeting and an
alternate date of August 29 is proposed. This date would also
serve as the first meeting in September as that meeting falls on
Labor Day.
Councilman Veile moved to postpone the second meeting in August
until August 29 and that this would also serve as the first meeting
in September. Councilman Gordon seconded the motion and it was
approved.
BILLS INTRODUCED:
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 road first and second time by title and ordered
distributed to members of the Council.
# # #
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 r`
EXECUTE NECESSARY DOCUMENTS CONNECTED THEREWITH.
Bill 88--55 wag road first and second time by title and ordered
distributed to members of the Council.
# # #
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 OF LAW ENFORCEMENT PERSONNEL.
Bill 88-56 was read first and second time by title and ordered
distributed to members of the Council.
44 # #
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.
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Bill 88-57 was read first and second time by title and ordered
distributed to members of the Council.
# # #
Bill 88-58, sponsored by Councilman Gordon & Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF WESTWOODRIDGE SUBDIVISION, SECTION NO. 8, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Bill 88-58 was read first and second time by title and ordered
distributed to members of the Council. Councilman Scheulen
requested the a suspension of the rules on this bill. There was
no objection and Bill 88-58 was read third time by title, placed
on final passage, and passed by the following vote as Ordinance No.
11076.
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REGULAR COUNCIL MEETING, AUGUST 1, 1988
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile 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 first and second time by title and ordered
distributed to members of the Council.
# # #
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.
Bill 88-60 was read first and second time by title and ordered
distributed to members of the Council.
# # #
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 first and second time by title and ordered
distributed to members of the Council.
# # #
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 road first and second time by title and ordered
distributed to members of the Council.
# # #
BILLS PENDING:
Bill 88-49, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HAROLD G. BUTZER,
INC. , FOR PLUMBING SERVICES FOR CITY BUILDINGS.
Bill 88-49 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11070.
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile and Woodman.
Nay: None.
# # #
Bill 88-50, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE
J PARKING PROHIBITED OF SECTION 18-401 BY ADDING A PORTION OF ADAMS
STREET.
Bill 88-50 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11071.
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REGULAR COUNCIL MEETING, AUGUST 1, 1988
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Veils and Woodman.
Nay: None.
# # #
Bill 88-51, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
BUDGET BY APPROPRIATING FUNDS FROM THE STREETS CAPITAL PROJECTS
FUND AND BY INCREASING ESTIMATED REVENUES FROM LOCAL GRANTS FOR
THE WEST MAIN STREET PROJECT.
Bill 88-51 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11072.
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile and Woodman.
Nay: None.
# # #
Bill 88-52, sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
BUDGET BY INCREASING APPROPRIATIONS IN THE STREETS CAPITAL PROJECTS
FUND AND BY DECREASING APPROPRIATIONS IN THE STORMWATER CAPITAL
PROJECTS FUND.
Bill 88-52 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11073.
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile and Woodman.
Nay: None.
# # #
Bill 88-53, sponsored by Councilman Halsey, 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 CONSTRUCTION OF A NEW FIRE STATION.
Bill 88-53 wan read third time by title, placed on final peonage,
and panned by the following vote as Ordinance No. 11074.
Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen,
Voile and Woodman.
Nay: None.
INFORMAL CALENDAR:
Bill 88-42, sponsored by Councilman Scheulen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE 9598 AND ALL AMENDMENTS THERETO, THE ZONING ORDINANCE,
AND ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT.
Councilman Scheulen moved this bill be removed from the Informal
Calendar and considered for passage at this time. Councilman
Scheulen moved that Hill 88-42 be amended in the following manner:
To substitute the corrected version of the Zoning
Ordinance distributed 7/18/88 for the original one with
the amendments to it made at the Council meeting of July
18, 1988, which read:
Amend Article IV, Section 31-20 (3) Conditional Uses by
the addition of "(e. ] Day Care Center when operated by
a church on church premises" and amend Article V, Section
31-30 (b), (2) to read as follows:
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REGULAR COUNCIL MEETING, AUGUST 1, 1988
In the C and M Districts, appurtenances such as
mechanical equipment, elevator bulkheads and cooling
towers, which extend above the roof of a building may
project not more than ten (10' ) feet above the district's
maximum height limit, provided that such appurtenances:
(1) occupy no more than thirty (30%) percent of the area
of the roof, and (2) are located at least twenty (20' )
feet from the perimeter of the roof.
I move to further amend the Zoning Ordinance as follows:
Section 31-81. Non-Conforming Uses Are Regulated, shall be
amended by the deletion of subsections (2) and (4) and new
subsections (2) and (4) shall be enacted in lieu thereof. The
new subsections shall read as follows:
(2) Alteration will ensure compliance with the health
and safety requirements of the City, but such
alteration shall only be permitted to the extent
minimally necessary to bring the structure into
compliance with the health and safety regulations.
(4) Repairs and non-structural alterations may be made
to a non-conforming building.
Section 31-81. Non-Conforming Uses Are Regulated, shall be
further amended by the addition of now subsection (8) which
shall read as follows:
(8) Nothing contained in exceptions 1 through 7 above
shall be construed to permit an enlargement of a
non-conforming building.
Councilman Owens seconded the motion and wished to thank City
Counselor Allen Garner for all of his hard work. The motion was
approved.
Bill 88-42 was read third time by title, placed on final passage,
and passed by the following vote as Ordinance No. 11075.
Aye: Feldman, Gordon, Hank°, Halsey, Mason, Owens, Schoulon,
Voila and Woodman.
Nay: None.
# # #
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.
RESOLUTIONS:
Councilman Mason moved to approve Resolution 88-9 regarding the
intent of the City to participate in the Cash Management Program.
Councilman Halsey seconded and it was approved.
Councilman Haake asked City Administrator Dave Johnston who had
initiated Resolution 88-10 regarding the investing of City funds
into escrow to assist in the establishing of Missouri Sky Airlines
as a Commuter service for the Jefferson City Memorial Airport. Mr.
Johnston informed the Council that this Resolution had come from
the Department of Transportation at his request. Councilman Halsey
requested Mr. Johnston to provide background information on this
REGULAR COUNCIL MEETING, AUGUST 1, 1988
request. After some discussion on this Resolution and its merit,
Councilman Voile moved this Resolution be referred to the
Transportation Commission and the Airport Support Group for their
recommendations. Councilman Gordon seconded the motion and moved
to amend the motion by requesting that they explore all other
commuter airline services in this area, including TWA, to see if
they are interested in servicing Jefferson City. Councilman Halsey
seconded the amendment. The motion as amended was approved.
UNFINISHED BUSINESS:
Councilman Haake moved to accept the Board of Adjustment's
recommendation and deny the request to construct a tower at 621
Clark Avenue. Councilman Voile seconded the motion and it was
approved.
Councilman Voile moved to accept the Board of Adjustment's
recommendation and approve the request to construct a tower near
Schott Road. Councilman Haake seconded the motion and it was
approved.
NEW BUSINESS:
City Administrator Dave Johnston reviewed a request before the
Council from the Family Mental Health Center for an increase in
funding. After some discussion, Councilman Woodman moved the
Council defer any action on this request and refer it to the
Finance Committee. Councilman Halsey seconded the motion and it
was approved.
# # #
Councilman Halsey moved adoption of the following Resolution and
that it be delivered to Councilman Davis at the hospital:
Be it resolved this lot day of August, 1988, that the
City Council of the City of Jefferson wishes a very
speedily return to good health to Councilman Craig Davis.
Councilman Gordon seconded the motion and it was approved.
# # #
Councilman Halsey requested the Council adopt a procedure whereby
material will be distributed to them via the City Clerk. The City
Clerk will distribute all mail, handouts, reports, etc. , to the
Council and will mark who they were received from.
Councilman Halsey requested City Counselor Allen Garner update the
Council on what was happening in the investigation by the Public
Service Commission of Capital City Water. Mr. Garner stated a
letter had been sent to the Public Service Commission and that
their testimony in the rate case would be submitted August 17,
1988. After further discussion, Councilman Halsey moved to direct
the City Counselor to draft a letter to Water District #1 and Water
District #2 to obtain information regarding their capabilities and
performance. Councilman Scheulen seconded the motion and it was
approved.
Councilman Halsey moved that the future meetings and investigations
regarding the Cedar City annexation be referred to the Public Works
and Planning Committee and the Long Range Planning Committee.
Councilman Gordon seconded the motion and it was approved.
# # #
REGULAR COUNCIL MEETING, AUGUST 1, 1988
Councilman Owens requested Chief of Police Gary Kempker relate the
procedure for skateboard violations. Chief Kempker informed the
Council that skateboarding was prohibited in the downtown business
district and also on all City streets. Chief Kempker did state
that skateboarding was permitted on sidewalks in residential areas.
Chief Kempker stated that skateboarding violations are turned over
to the Juvenile authorities and their procedures were followed.
Chief Kempker stated that when skateboards were confiscated, they
were usually kept for thirty days. Councilman Owens stated she
understood that the Council had investigated the possibility of
providing a place for skateboarding, but had been told that the
liability factor was too great. Councilman Owens requested that
the Council investigate the possibility of providing a place for
skateboarding one more time.
# # #
Councilman Mason moved that the representatives from the City to
the Leadership group that was formed by Mayor Hartsfield and
continued by Mayor Gardner, be the Mayor and the President Pro Tem
of the City Council. Councilman Mason stated that this would not
preclude other representatives of the City, such as the City
Administrator or other Department Directors, from attending with
the invitation of the Mayor or President Pro Tem. Councilman
Halsey seconded the motion. Mayor Gardner corrected the statement
that this group was under the Mayor's leadership. She stated that
it was an independent group and when they were invited, she and the
City Administrator attended. The motion was approved.
Mayor Gardner stated for the record that she was sorry to see the
Council take this action in forming a policy of inviting themselves
to private breakfasts. She felt like it was a presumptuous action.
# # #
Director of Planning & Code Enforcement Tom Benton requested the
Council direction in scheduling the public hearing on the Frog
Hollow annexation. Mr. Benton stated that there were time tables
that must be followed and notices that must be posted and citizens
notified. Mr. Benton stated that the public hearing could be
conducted at a regular council mooting, or at a separate meeting,
whichever the Council preferred. Mr. Benton did state that there
were over seven hundred lettere that would be mailed to the
residents in that area and there would probably be a number of
individuals attend the public hearing. After further discussion,
the public hearing was scheduled for September 26, 1988.
APPROVAL OF EXECUTIVE SESSION MINUTES:
Councilman Haake moved to approve the Executive Session Minutes of
July 18, 1988. Councilman Halsey seconded the motion and it was
approved.
There being no further business to come before the Counoil,
Councilman Halsey moved to adjourn. Councilman Gordon seconded the
motion and it was approved. The Council meeting adjourned at
approximately 9:20 p.m.