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HomeMy Public PortalAbout19880801 1 . 045 REGULAR COUNCIL MEETING, AUGUST 1, 1988 ,fy+. A Regular Council Meeting of August 1, 1988, was called to order at 7:30 P.M. with Mayor Louisa Gardner presiding. -.tN4 `L, ,, 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. # # if 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 1 546 ,. 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. " 847 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. • 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. 348 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. "340 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: ,s. 350 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.