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HomeMy Public PortalAbout19870706 156* —REGULAR-COUNCIL -MZETZMG-r--JULY. Or low A Regular Council Meeting was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Reverend Spencer Roberts, Pastor, Second Baptist Church. The following Council Members were present: Present: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Veile and Woodman. Absent: Barnicle, Davis A quorum was declared present. ELECTION OF COUNCILMAN FROM WARD 2: Councilman Haake requested this item be dealt with at a later time. As there were only seven Councilmen present, Mr. Haake felt it would be in everyone's best interest to have as many members as possible present. If another Councilman joined the meeting later, this issue would be taken up at the close of the meeting. Otherwise, it will be dealt with at the next Council meeting. PUBLIC HEARING: The first public hearing was in regards to the rezoning of Stadium West Properties. The request was for a rezoning from RC, C-1, RA-2, RD and RS-2 to PUD. more was no present to speak either for against the rezoning. Tho next person to speak was Mr. Phil Freeman of Freeman Mortuary who spoke to the Council regarding the administrative decision to discontinue offering Police escorts for funeral service. Mr. Freeman informed the Council that those services had been greatly appreciated by all the Funeral Directors and that ho felt there would be more traffic problems in the future wore these services discontinued. Ho stated he felt the Police Department and the Funeral Directors had worked well together in the past to try and avoid traffic problems and that they had been able to establish guidelines for those escorts. Mr. Freeman stated that as there was no increase in the insurance premium for the City by offering these services, he would like to see them continue. Police Chief Gary Kempker addressed the Council to speak in favor of discontinuing the police escorts. One of the first problems is the manpower shortage in the Police Department. A funeral escort may be scheduled for a certain time, but they are not always on time. An officer who is scheduled for a funeral escort is not able to respond to other calls that come in that would prevent them from being on time to the funeral home. Secondly, there is the civil liability factor. The police car that leads the procession gives people the impression that they do not have to obey traffic signals or stop signs. This is not correct. The only way these signals can be disregarded is for the Police Department to take control of the intersection. This requires more than one officer for funeral escorts. City Counselor Allen Garner informed the Council that he concurred with the opinion issued by former City Counselor Lynn Porterfield. Mr. Garner informed the Council that the Courts have consistently ruled against cities regarding liability when 157 'Re LAR •UNCIL MEETING JULY 6 1987 .olice escorts for funerals have been involved. hen asked if he and the other funeral directors would be willing o mark all cars in the funeral procession, Mr. Freeman informed he Council he had been informed by his attorney that this would .reatly increase the liability of the funeral home and he would , ot be willing to so mark the cars. hief Kempker was informed by the Council that the route for the I•rooession was to be at the sole discretion of the Police "llepartment and that the Funeral Directors should be informed of his. fter much discussion, Councilman Halsey moved the Jefferson City '•olice Department continue to provide police escorts to funeral 1.rocessions. Councilman Veile seconded and it was approved. s•olice Chief Gary Kempker requested clarification on the procedure he Council wished him to use in handling intersections. # # # I'RESENTATZONS FROM THE GALLERI: ■ r. Kurt Long, President of Associated Industries of Missouri, addressed the Council regarding the proposed noise ordinance. Mr. Long stated that new industry does not normally build in cities that have noise ordinances. Mr. Long informed the Council he felt the restrictions on the noise levels were unrealistic and extremely limiting. He also informed the Council that a noise ordinance should not be adopted to solve problems with a single manufacturer. Mr. Long distributed and reviewed for the Council recommended changes in the noise ordinance. # # # Mrs. Cynthia Moaner of 1711 Englewood Drive addressed the Council regarding the sale of the Lincoln University farm to the State and the proposed plans to erect a Social Services complex at this site. Ms. L3losser informed the Council that this area was all in the city limits and was surrounded by residential area and oho would like to see the City take a more active role in the planning of our city, especially where the need for more space for state offices is concerned. Mrs. Blooper presented the Council with a petition signed by those individuals who oppose the development of this office building in this way. # # # Mr. Joe DeLong of Datong's, Inc. , asked to address the Council regarding the proposed noise ordinance. Mr. DeLong was not on the agenda, but Mayor Gardner allowed him to address the Council with his concerns. Mr. DeLong felt the proposed noise ordinance was too restrictive and unrealistic. He believed the proposed limitations were too strict and requested the Council review them carefully before approving this ordinance. CONSENT AGENDA: Councilman Borgmeyer moved approval of the Consent Agenda which consisted of the following items: a) Council Minutes of 6/15/87 • 158 b) Awarding of the following bids: 917 - Uniforms, Police Department c) Approve Conditional Use Permit - Marilyn Street d) Approve Conditional Use Permit - Ashley Street e) Appointments to Boards & Commissions Transportation Commission - Sandra Allen (replace Bill Ferguson who resigned) Councilman Veile seconded and it was approved. MINUTES RECEIVED AND FILED: Mayor Gardner announced the following minutes had been received and were on file in the City Clerk's office: Animal Rescue Advisory Commission 6/4/87; Board of Adjustment 6/9/87; Planning and Zoning Commission 6/11/87; Transportation Commission 6/16/87; Public Works and Planning 6/28/87. ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced the naming of a Waste Water Ad Hoc Committee consisting of the following individuals: Allison, Angie Altice, Bob • Bradley, Frances Cook, Nathan (Dr. ) Couch, Johanna Cowley, John III Day, Gary Evora, Sonny Frommelt, Keith Hooker, Charles Howard, Dean Jarrett, Matt Lankford, Dave McDowell, Carolyn Owens, Judy Rushing, Larry Schepera, Larry Thompson, Bernard Thorneberry, Marc Thrash, Rick Councilman Halsey asked if there was a problem with individuals serving on more than one Committee at a time. Mayor Gardner stated this was an short term Ad Hoc Committee and there was no problem with individuals being on this Committee and also another Committee or Commission. Councilman Borgmeyer moved approval of the Waste Water Ad Hoo Committee. Councilman Veils seconded and it was approved. BILLS INTRODUCED: I Bill 87-51, sponsored by Councilman Woodman, entitled: t AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE T TAXICAB STANDS AND TAXICAB LOADING ZONES OF SECTION 18-165 OF THE CODE OF THE CITY OF JEFFERSON. i Bill 87-51 was read first and second time by title and ordered f 1 . ...,: f66 _ ... .. .. - : ; ! ► v_ • : ., - A . _ :-IMF _L.__ . -1... ---. -- _____. . . _ ...., _ _ . . distributed to members of the Council. # # # Bill 87-52, sponsored by Councilman Woodman, entitled: ;; AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE P OF SECTION 18-401 OF THE CITY CODE, TWO HOUR PARKING, BY ADDING A PORTION OF WEST MILLER STREET. Bill 87-52 was read first and second time by title and ordered . distributed to members of the Council. • # # # Bill 87-53, sponsored by Councilman Barnicle, entitled: • AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING, THE PLAT OF SYLVAN HILLS SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 87-53 was read first and second time by title and ordered distributed to members of the Council. # # # a Bill 87-54, sponsored by Councilman Barnicle, entitled: • AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF COLONIAL HILLS ESTATES, SECTION NO. 5, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 87-54 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-55, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF PAR FOUR ESTATES, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 87--55 was road first and second time by title and ordered distributed to members of the Council. # # # Bill 87-56, sponsored by Councilman Barnicle, 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 58.30 ACRES LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND PART OF THE SOUTHEAST • QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, FROM RC, C-1, RA-2, RD AND RS-2 TO PUD (PLANNED UNIT DEVELOPMENT) . Bill 87-56 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-57, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A PUBLIC ALLEY LOCATED BETWEEN INDIANA AVENUE AND MINNESOTA AVENUE. Bill 87-57 was read first and second time by title and ordered distributed to members of the Council. 160 c. y t t # lr y,�1 # Bill 87-58, sponsored by Councilman Halsey, entitled: <£ fr AN ORDINANCE OF THE CITY OF JEFFERSON MISSOURI AUTHORIZING THE fi - MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLIAMS-KEEPERS CERTIFIED PUBLIC ACCOUNTANTS FOR THE AUDIT OF THE CITY RECORDS FOR THE YEAR ENDING OCTOBER 31, 1987. Bill 87-58 was read first and second time by title and ordered distributed to members of the Council. Bill 87-59, sponsored by Councilmen Gordon, Voile, entitled: AN ORDINANCE OF THE CITY OP JEFFERSON, MISSOURI, PROVIDING FOR THE IMPROVEMENT OF SCOTT STATION ROAD FROM NORTH TEN MILE DRIVE Yuap TO THE CITY LIMIT BY CURBING AND GUTTERING WITH PORTLAND '` CONCRETE. Bill 87-59 was road first and second time by title and ordered "' distributed to members of the Council. • •. '1'1 Ito BILLS PENDING: Bill 87-38, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CAPITAL MALL GENERAL GROWTH MANAGEMENT FOR "CAPITAL MALL PARK AND RIDE BUS SERVICE. Councilman Woodman requested this bill be placed on the Informal Calendar. # # # Bill 87-39, sponsored by Councilman Henke, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE J OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING PARKING ON A PORTION OF WEST MAIN AND RAILTON ROAD. Bill 87-39 was read third time by title, placed on final passage, and paused by the following vote as Ordinance No. 10853. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Voile and Woodman. Nay: None. # # # Bill 87-40, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE J OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING PARKING ON A PORTION OF HIGHWAY 94. Bill 87-40 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10854. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Voile and Woodman. Nay: None. _ 1 bill'. e AR—COUN.0 v k e 1/ mwAmmumarimWMUMWM:NI I-1 IL.::U1`IW!LJ*mc aI::1•MI:\/ I Mt Alla/:I'll'MVSILWI i # # # Bill 87-41, sponsored by Councilman Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING NEW SECTION 17-154 RELATING TO A CURFEW FOR PERSONS UNDER SEVENTEEN. Councilman Gordon requested this bill be placed on the Informal Calendar. # # # Bill 87-42, sponsored by Councilmen Davis & Halsey, 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 1987 CURB AND GUTTER PROJECTS, PHASE 1. Bill 87-42 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10855. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Veile and Woodman. Nay: None. # # # Bill 87-43, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF OLD SOUTH COUNTRY CLUB DRIVE. Bill 87-43 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10856. Aye: Borgmeyer, Gordon, Haake, Halsey, Sohoulen, Voile and Woodman. Nay: None. # # # Bill 87-44, sponsored by Councilman Fiorgmoyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF HARRISON STREET AND WEST MILLER STREET. Bill 87-44 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10857. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Voile and Woodman. Nay: None. # # # Bill 87-45, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR SPRUCE STREET. Bill 87-46 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10858. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Veile and Woodman. Nay: None. # # # vat 182 „, ttt?rxttt.nw nntt�t • • : Bill 87-46, sponsored by Councilman Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 21-1 TO PROHIBIT THE OPERATION AND RIDING OF CERTAIN VEHICLES IN CERTAIN AREAS OF THE CITY PARKS. Bill 87-46 was read third time by title, placed on final passage, and passed by the following vote ae Ordinance No. 10859. Aye: Borgmeyer, Gordon, Haake, Halsey, Scheulen, Veile and Woodman. Nay: None. # # # Bill 87-47, sponsored by Councilman Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A NEW SECTION PROHIBITING THE OPERATION OR RIDING OF CERTAIN UNLICENSED MOTOR VEHICLES ON THE SIDEWALKS, STREETS AND ROADWAYS IN THE CITY. Bill 87-47 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10860. Aye: Borgmeyer, Gordon, Hooke, Halsey, Scheulen, Voile and Woodman. Nay: None. # # # Bill 87-48, sponsored by Councilman Gordon, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 24-62 RELATING TO POLICE RESERVES AND BY ENACTING ONE NEW SECTION TO ESTABLISH A SPECIAL INACTIVE POLICE COMMISSION. Bill 87-48 was road third time by title, placed on final passage, and peeped by the following vote as Ordinance No. 10861. Aye: Borgm©yor, Gordon, Henke, Halsey, Scheulen, Voile and Woodman. Nay: None. # ft # Bill 87-49, sponsored by Councilman Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TO AMEND THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO REQUIRE THE WEARING OF SAFETY BELTS OR CHILD RESTRAINTS BY DRIVERS OF AND PASSENGERS IN CERTAIN MOTOR VEHICLES. There was some questions from the Council regarding the necessity for and enforcement of this ordinance. Police Chief Gary Kempker and City Counselor Allen Garner informed the Council this would prevent the officers from having to appear in two separate courts. If an officer cited an individual for other municipal violations and also for this violation, all of the charges could be handled in the Municipal Court. This would prevent the citizens from having to appear in two separate courts and would save the citizen from paying two court costs. After much discussion, Bill 87-49 was read third time by title, placed on final passage, and defeated by the following vote. Aye: Gordon, Voile and Woodman. Nay: Borgmeyer, Haake, Halsey, and Scheulen. # # # • REGULAR COUNCIL MEETING, JULY 6, 1987 Bill 87-50, sponsored by Councilman Voile, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY AMENDING SECTION 18-153 OF THE CODE IN ORDER TO PROHIBIT THE PARKING OF CERTAIN MOTOR VEHICLES ON PRIVATE RESIDENTIAL PROPERTY. Councilman Voile requested this bill be placed on the Informal Calendar. INFORMAL CALENDAR: Bill 87-26, sponsored by Councilman Halsey, to amend Chapter 5 of the Code of the City of Jefferson by adding new Section 5-24 relating to number of animals permitted at residence in the city remained on the Informal Calendar at Councilman Halsey's request. Bill 87-36, sponsored by Councilman Scheulen, to amend the Code of the City of Jefferson by regulating the amount of noise within the city limits remained on the Informal Calendar at Councilman Scheulen's request. RESOLUTIONS: RS87-16 declaring July to be Parks and Recreation Month. Counoilman Haake moved approval of this Resolution, Councilman Woodman seconded and it was approved. RS87-17 designating a specific area to be Constitution Square for the Bicentennial Celebration. Councilman Scheulen moved approval, Councilman Haake seconded and it was approved. Mayor Gardner informed the Council that street signs had been posted prior to the approval of Council and this had created some confusion for citizens. Mayor Gardner had instructed the Street Department to remove those signs and they had done so. Councilman Halsey asked how the signs had been put up without approval and was informed the Street Department had put them up at the direction of a Councilman. Mr. Halsey said ho felt this would need to be discussed in Executive Session. UNFINISHED BUSINESS/NEW BUSINESS: Councilman Voile stated he wished to discuss an item that had come to the attention of the Council through the news media. The Housing Authority had filed a lawsuit against certain businesses in the downtown area regarding sandwich board signs. Councilman Voile reminded the Council they had ruled on this topic approximately six months ago in the form of an ordinance setting forth guidelines for such signs. Councilman Voile stated he felt there were some definite conflicts that needed to be resolved and moved that the Housing Authority delay any further legal action against any downtown businesses in regard to sandwich board signs and that the Housing Authority staff meet with the Planning and Code staff of the City to reconcile differences between the City ordinance and the Housing Authority's urban renewal plan. This motion was seconded by Councilman Haake. Mr. Allen Pollock, Director of the Housing Authority and Mr. Joe DeLong, a member of the Housing Authority, were present in the meeting and answered questions from the Council and explained the position of the Housing Authority and the Urban Renewal Plan. 164 Councilman Halsey requested that in the future the Housing Authority inform the Council of such action, in order that the Council not have to learn of this through the media. After much discussion, the motion was passed unanimously. # # # Councilman Halsey suggested that in the future when we send letters to the State expressing our appreciation for action they have taken, that correspondence be addressed to the individuals responsible. Mr. Halsey stated he did not feel the Office of the Governor and Office of Administration were the appropriate places to send letters of appreciation for the new parking garage when it was the Senate Appropriations Committee that actually pushed for the garage. There being no further business, Mayor Gardner called for an Executive Session on real estate acquisition and personnel aotion and it was approved by the following vote: , Aye: Borgmeyer, Gordon, Haake, Halsey, Soheulen, Voile and Woodman. Nay: None. Meeting adjourned. fi { t t { s 3 fj� I ; - t