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HomeMy Public PortalAbout19810706 A ".s REGULAR COUNCIL MEETING, Jul 6 1981 .kz The regular Council Meeting was held on July 6 , 1981 , at 7 : 30 p.m. with Mayor Hartsfield presiding. Prayer offered by Rev. Larry Emerson, Church of the Nazarene . $e Councilmen present: Blume, Borgmeyer, Gordon, Halsey, Kliegel , Roll Prenger, Scheulen and Wade. Call. Councilmen absent : Brant and Hequembourg. A Quorum was declared present. The first item of business was the Consent Agenda. This included approval of the Council Minutes of June 15 , 1981 , Minutes of a Consent Special Council Meeting held June 22 , 1981 , and approval of Agenda. awarding the following bids , which were previously opened: Bid #95 : Curb & Gutter, Phase II , for Public Works- J. C. INDUSTRIES. Bid #97 : Windows for City Hall - WALLAU f, SCHNIEDERS. Bid #99 : Bullets for Police Department - TO BE REBID Bid #100 : Manhole Construction for Public Works - HELD OVER Bid #101 : Electrical Motor Contract for all City Departments - LINSENBARDT ELECTRIC. With reference to Bid #100 , Mike Bates presented a hid from Clay & Bailey, of Kansas City, Missouri , which was the low bid to supply risers to be used for overlay projects . Mr. Bates requested the Council approve awarding the bid to Clay & Bailey. Councilman Halsey moved the Consent Agenda, amended to show Clay f; Bailey awarded Bid #100 , be approved. Motion seconded by Councilman Wade and passed. The following Minutes were received and are on file in the City Clerk ' :, Office : a) Jefferson City Memorial Airport Meeting of May 19 , 1981 h) Parking and Traffic Commission Meeting of June 4 , 1981 htfmitus c) Board of Adjustment Meeting of .Tune 9 , 1981 It�einMeed d) Planning & Zoning Meeting of June ii. , 1981 $ (.deed e) Jefferson City Park Board Meeting of June 16 , 1981 f) Public Works and Planning Committee Mooting of June 22 , 198 g) lnvi.ra.umental Quality Commission Meeting of June 25, 1981 Mayor Hartsfield pointed out that on the financial statements Financial provided by the Finance Department , revenue growth for seven months Statements of this fiscal year is approximately four percent over the same period last fiscal year. Department Heads were commended for holding their expenses down and running under budget . Mayor Hartsfield reported the City had received a letter from Distribu- the Presiding Judge of the County regarding distribution of some tion of very old taxes dating back to 1966 . This was referred to the City old taxes, Counselor for his legal opinion as to : 1) the obligation of the ! City, at this point , to distribute the taxes to all jurisdictions in the County, and, 2) if the City is obligated to distribute the taxes , do we have liability back to 1966. Mayor appointed Councilman Vernon Scheulen to serve as an Appt. additional member to the Investments , Audit and Computerization Committee. He also requested the Committee discuss what banking policy the City should have. 138 ._REGULAJ. .cQUNCIL. MEETING, JULY 6 , 1981_ Mayor had appointments to make to various boards and committees . The question was raised regarding a citizen serving on more than one board or committee at a time. After discussion , Councilman Borgmeyer moved that a citizen may only serve on one board or committee at a time. Motion was seconded by Councilman Blume and passed. Councilman Borgmeyer also requested that in the future a list of outgoing citizens on a board or committee be provided to the Council as well as a list of appointments. The following appointments were then made : CENSUS AND REDISTRICTING COMMITTEE: Tom Whitecotton. Appts. PLANNING P, ZONING COMMISSION: Tripp England Pete Butler LIBRARY BOARD: Yvonne Hoard Bo Gilbert Susie Donnelly PARK BOARD: Zelma Frank John Kuebler Jim LePage AIRPORT COMMISSION: Clyde Lear, Chairman (3) Jay Osman (2) Earl Campbell (3) Bill Ferguson (3) Tony Cerra (2) Pete Dominique (.1) Lloyd Downard (1) ANNEXATION COMMITTEE: Roger Wies Richard Browniess ENVIRONMENTAL QUALITY COMMISSION: Dan Ruzic HOUSING AUTHORITY BOARD: Sam B. Cook COUNCIL REPRESENTATION: Mike Pronger - Parking and Traffic Tom Brant - Alternate John Hequembourg - Airport Vernon Scheulen - Alternate Pursuant to the above motion, Mayor Hartsfield stated he would speak with Mr. Dominique and Mr. Cook to obtain their preference as to which committee they wished to serve upon. Councilman Gordon moved the appointments be approved. Motior seconded by Councilman Prenger and passed. Bill No. 81- 24 , introduced by Councilman Wade entitled: Bill 81-24 "AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE Parkin CODE OF THE CITY OF JEFFERSON, 1978, BY AMENDING SECTION 23-44 Traffic. RELATING TO DESIGNATED STOP INTERSECTIONS BY ADDING "NORTHBOUND ON CHESTNUT AT FAIRMONT". Bill No. 81-24 read first and second time by title and ordered distributed to members of the Council . Bill No. 81- 26 , introduced by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE Bill 81-26 MAYOR AND CLERK OF THE CITY OF JEFFERSON TO EXECUTE AN AMENDED Amended CONTRACT WITH THE URBAN MASS TRANSPORTATION ADMINISTRATION OF Contract THE DEPARTMENT OF TRANSPORTATION OF THE UNITED STATES ON PROJECT UMFA NO. MO-03-008 A GRANT FOR THE ACQUISITION OF TRANSIT EQUIPMENT". MO-03-008 Councilman Borgmeyer requested that the rules be suspended and taken up for third reading. Bill No. 81- 26 read third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9643: Councilmen voting Aye : Blume, Borgmeyer, Gordon, Halsey, Kliegel , Prenger, Scheulen and Wade. Councilmen voting Nay: None. Councilmen absent Brant and Hequembourg. 1 L7 ! REGULAR COUNCIL MEETING, JULY 6, 1981 Bill No. 81- 27 , introduced by Councilman Borgmeyer, entitled: ':';: Bill No. "AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING 81-27 THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH J . C. Contract INDUSTRIES, P.O. BOX 1264 , JEFFERSON CITY, MISSOURI". J.C. In- 1 Councilman Prenger questioned the Maywood project included in dustries. this bill. Mr. Hamburg replied that there are a number of streets that were in the original project to be completed this year. Mr. Bates has grouped them logically as to which ones should be bid ' . together. Maywood fell in with these and there are two others , Overlook and Sun valley, which will be bid together and will be in the next fiscal year, although work will probably begin at the end of this fiscal year. Councilman Borgmeyer requested that the rules be suspended and taken up for third reading. Bill No. 81-27 read third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9644 : Councilmen voting Aye: Blume, Borgmeyer, Gordon , Halsey , Kliegel , Scheulen and Wade. Councilmen voting Nay: Prenger. Councilmen absent Brant and Hequeml,ourg. Councilman Brant arrived at the meeting. Bill No. 81-25 , introduced by Councilman Brant , entitled: Bill 81-25 "AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE Amendment CODE OF THE CITY OF JEFFERSON, 1978 , BY REPEALING SECTION 33-22 to Litter (a) OF SAID CODE AND ORDINANCE NO. 9422 AND ENACTING A NEW SECTION ' Control 33-22 (a) IN LIEU THEREOF" . Ord. Dr. Giuliano , 417 Brookwood Ct , appeared in opposition to the proposed amendment to the litter control ordinance . He questioned the wording "normal extension" used in the ordinance . No where in the ordinance is the word normal extension defined. He feels the = City should maintain property belonging to it especially the large footage areas of city property . Councilman Gordon stated he wished the ordinance would return to the way it was done previously . He stated there are some areas of land which is cli fficult to cut and he felt the City should I provide that service. Mayor Hartsfield stated that the litter control ordinance was designed originally to deal with litter and he was not aware , and was sure that some of the Councilmen were not aware , that such a radical change was being made to the City ' s obligation to maintain public property. It was suggested that perhaps the City could specify in the ordinance a square footage limit that a person must maintain. After further discussion, Councilman Gordon moved that the proposed ordinance be amended by striking the bracketed language which reads : "and when any property owner is required to control the growth of weeds and grass in accordance with existing City ordinances and is doing so with conventional methods (lawnmower, tractor and mower, or hand held mowing devices) , the property owner shall be responsible for mowing of the right-of-way as a continuation of his efforts with the -following exceptions : 1) where construction of the existing roadway has created a vertical rock exposure ; or, 2) where the slope of the embankment (cut or fill) exceeds a 111. 1 slope limit". He felt that with the deletion of this language the property owner would still take care of the small areas between the curb and his yard, which they have done previously. Motion was seconded by Councilman Kliegel . REGULAR COUNCIL MEETING, JULY 6 , 1981 Councilman Brant felt the wording of the ordinance was bad 4 and that the word sidewalk should not be included in the wording of the ordinance. Mr. Benton replied that the terminology of sidewalk and median strip should not lend confusion to the ordi- ?i nance as the sidewalks are always on city right-of-way property. Mr. Utterback, City Counselor, suggested the following word ' changes to the ordinance : under (a) each person in the City should be changed to read "each person owning or having interest in property within the City limits" ; language could also be added r'" after the bracketed language to read: "and shall also keep any public easement or right-of-way on any person' s improved and sub- '! divided lot free from filth, debris , trash , litter and weeds". After further discussion, a voice vote was called on the motion made previous by Councilman Gordon. The motion passed. However, there was some confusion as to the issue being voted on. Councilman Brant thought the vote was on the motion made by Councilman Gordon together with the changes as suggested by Mr, Utterback. Upon learning that this was not the case and , after further discussion , Councilman Brant withdrew the Bill . 1 Councilman Scheulen suggested the Council send the ordi.- I ` nance back to the Public Works Department for further revision. I Mayor Hartsfield then instructed the Public Works Department '` to handle the right-of-way mowing situation in the same manner as v it was handled last year for the remainder of this season or until a new ordinance is drafted which is workable. a 4` Bill No. 81- 19 , introduced by Councilman Gordon, entitled: "AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , CHANGING, Bill 81-19 AMENDING, AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, Rezoning 7 BY AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF JEFFERSON BY Mall Ridge ° REZONING PROPERTY LOCATED IN MALL RIDGE ADDITION , SECTION TWO, FROM RD (DUPLEX) TO RA- 2 (MULTIPLE DWELLING)" . Bill No. 81- 19 road third time by title , placed on final passage and was passed by the following vote as Ordinance No. 9645 : Councilmen voting Aye : Blume , Borgmeyer, Brant , Gordon , Halsey , K1. i ef;e:l. , Prenger, Scheulen _i. and Wade . Councilmen voting Nay : None. Councilmen absent : Hequembourg. Bill No. 81- 21 , introduced by Councilman Brant , entitled : "AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE ill 81-21 CODE OF THE CITY OF JEFFERSON, 1978, BY AMENDING SECTION 32- 52 , Violations RELATING TO VIOLATIONS, BY ADDING SUI3-SECTION (0 ". Bill No. 81- 21 read third time by title , placed on final passage and was passed by the following vote as Ordinance No. 9646 : Councilmen voting Aye : Blume , Borgmoyer , Brant , Gordon, Halsey , Kliegel , Prenger, Scheulen and Wade. Councilmen voting Nay: None. Councilmen absent : Hequembourg. Bill No. 81-22 , introduced by Councilman Brant, entitled : "AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING Bill 81-22 ORDINANCE NO. 9519 BY DELETING THE CURRENT SECTION 32-54 (A) , Sewer Use SECTION 32- 55 (D) AND SECTION 32-65 AND ENACTING NEW SECTION 32- 541 (A) , SECTION 32- 55 (D) AND SECTION 32-65, PRESCRIBING AND FIXING ' RATES AND CHARGES FOR THE USE OF PUBLIC SEWER" . Mike Bates amended this ordinance with the following changes Section 1 , paragraph three, the words "of which 38t is for i operation, maintenance and replacement" was added to the end of I� the paragraph. I 1I ,� !� 1 1 {. " .. : 4 REGULAR COUNCIL MEETING, JULY 6 , 1981 - ' Section 1 , paragraph 5 , the figure $182 . 26 shall be changed to read $69. 00 and the figure $58 . 25 shall be changed to read , Te ,x; I $77. 00. i_. i The final change would be the attachment of Exhibit "B" to i the ordinance. ;' Councilman Scheulen moved the amendments to the bill be adopte . Motion seconded by Councilman Blume and passed. `' Bill No. 81- 22 , as amended, read third time by title , placed on final passage and was passed by the following vote as Ordinance No. 9647 : Councilmen voting Aye : Blume , Borgmeyer, Brant , Gordon, Halse , i Kliegel , Prenger, Scheulen and Wade. Councilmen voting Nay: None. Councilmen absent Hequembourg. + a;, Vi:: Resolution A Resolution was presented approving , accepting and authorizing irk' } Housing execution of Community Development Block Grant Agreement for Small i v:,, , ~ Authority Cities Discretionary Funding. Councilman Wade moved that the ., Resolution be adopted. Motion seconded by Councilman Blume and i ..` , ' passed. `. , Resolution A Resolution was presented regarding a street light on Woodridge ,..1,, Street Drive. Councilman Scheulen moved that the Resolution be adopted. : Q- Light ` Motion seconded by Councilman Blume and passed. 43, Resolution A Resolution was presented amending Project Grant No MO-03-0008. ff I� .Y': Grant Councilman Wade moved the Resolution be adopted. Motion seconded t' Mr)�-03-0°°8 by Councilman Blume and passed. 3 g- Mayor Hartsfield asked Mr. Benton what: the status was of the tinter! Woody's t ot► Sunset Lake. Mr. Renton replied that on June 22 ,, 1981 , the r Liquor Control Board sent Mr. Taggert a notice informing him that I'arvt±rtt +� the City i nt.ene.led to revoke his City liquor license effective ii ,1 July 1. 2 , i91 . He was also informed t.haat•. he had ten days try file i 1� for a hearing. He did file his request for a hearing with the i i; Clerk. Mr. Benton stated he had spoke with Mr, lit torback and a public hearing would be held before either the Liquor Control Board or a hearing examiner to accept testimony from Mr. Taggcrt i and surrounding property owners . Mr. Benton also stated that he ! i had been in touch with the State Liquor Control Board throughout j � the whole procedure. Mr. Taggart is faced with multiple counts 1� from the State Liquor Control Board and they have notified him i that they were revoking his license. He has applied for a hearing before the State Liquor Board and Mr. Benton has been informed l ; that the hearing process can take anywhere from two to fourteen . . months at the state level although they felt the attorney general ' } office was going to request an early hearing date on this matter. . It was suggested that the ordinance be revised deleting the • City Attorney from the Liquor Control Board and substituting the °{ City Counselor in lieu thereof. I. Mr. Hamburg spoke concerning the selection process of the Data data processing equipment. He stated the RFP was structured as Processing an open ended process and was based on the City 's needs . Ten bids } were received based upon the RFP. Out of the ten bids received, seven were of a purchase or lease rent nature and three were of ::: I a nature of being service bureau type of proposal . In the review I j of the proposals it became evident that the purchase lease option I was more desirable to the City for a couple of reasons . First , �' the cost on those proposals were less than the service bureau type;; • I of proposals and, secondly, after a period of time the City would I have tangible assets which could be built upon and used for an • I extended period of time with no further cost other than mainte- nance contracts . After the proposals were reviewed, they were 142 REGULAR COUNCIL MEETING, JULY 6 , 1981 narrowed down to four firms to be interviewed. From the four firms, two firms were rated highest from a technical point of view and which would meet the City's needs . During the process , site visits were made to view the hardware and software. From the review process and site visits, the Committee would like to recommend the firm of Microdata, Inc. and would request authori- zation to proceed with contract negotiations. After discussion, Councilman Wade moved that we proceed to negotiate a contract with Microdata, Inc. Motion seconded by Councilman Prenger and passed by the following roll call vote : Councilmen voting Aye: Brant , Gordon, Kliegel, Prenger, and Wade. Councilmen voting Nay: Blume, Borgmeyer, Halsey, Scheulen. Councilmen absent : Hequembourg. Councilman Blume then moved that the Council adjourn into executiv Executive session to discuss a personnel matter. Motion seconded by Council Session. man Prenger and passed. The Council then went into executive session regarding the cable television suit. Upon returning to regular session, Councilman Executive Brant moved that the City Counselor notify TCI and the Court that Session the City is extending the franchise for another three months. Cable The motion was approved. This extension was granted because it TV appears evident the Court would not have a ruling on the pending litigation prior to the current extension expiring on July 21 , 1981. Meeting adjourned.