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HomeMy Public PortalAbout19870504 120 • REGULAR COUNCIL MEETING, MAY 4, 1987 A Regular Council Meeting was called to order at 7:30 P.M. with t` Mayor Louise Gardner presiding. .. Prayer was offered by Reverend Jack Sullivan, Jr. ; Pastor Second Christian Church. The following Council Members were present: Present: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Absent: Davis. A quorum was declared present. PUBLIC HEARING: A Public Hearing was held to discuss the Cable Television ordinance. Councilman Voile explained to the Council and those present in the Gallery that this ordinance regulated all future franchises with cable television companies and that the discussion should be on the ordinance only, not complaints against the current company. There was no one present to speak in favor of the ordinance; nor anyone present to speak in opposition to the ordinance. Mr. Morrie Trout addressed the Council stating he was neither for or against, but he had some questions as to the leverage the Council had in getting the cable company to add Channel 25 and any other future channels of thin sort; a public access channel; and a Superatation. Councilman k' Voile informed Mr. Trout that the current federal regulations prohibit the regulation of programming. There being no further discussion, this concluded the Public Hearing. CONSENT AGENDA: The Consent Agenda consisted of Council Minutes of 4/20/87; the awarding of bids: 899 -- Floorcoveringe, Police Department 906 - Corrugated Metal Pipe, Public Works 908 - L3attories, DOT 909 - Building Materials, Fire Department and the renewal of the following contract: Jeffson Industries, D/B/A Royal Cleaners, Uniforms; All City. Councilman Gordon moved approval of the Consent Agenda. Councilman Scheulen 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: Board of Adjustment 4/14/87; Traffic Safety Commission 4/16/87; Police Personnel Board 4/2/87 & 4/16/87; Parks & Recreation Commission 2/24/87 & 3/24/87; Sr. Citizens Advisory Commission 4/28/87; Planning & Zoning Commission 4/9/87 { 121' F. ANNOUNCEMENTS BY MAYOR: Mayor Gardner informed the Council she wished to make the following appointments of Councilmen to the various committees: PLANNING AND ZONING REPRESENTATIVE 1. Tony Barnicle TRAFFIC SAFETY COMMISSION 1. Jim Naake 2. Steve Nelson (Alternate) TRANSPORTATION COMMISSION 1. Jim Woodman 2. Vern Scheulen (Alternate) PUBLIC WORKS AND PLANNING 1. Vince Borgmeyer, Chairman 2. Craig Davis 3. Steve Nelson 4. Darrel Gordon. 5. Vern Scheulen Councilman Halsey expressed his disappointment at not bein appointed to a committee and asked Mayor Gardner to reconside her appointments. There was no action taken at this time. BILLS INTRODUCED: Bill 87-8, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE' MAYOR AND CITY CLERK TO EXECUTE A DEED TO LINCOLN UNIVERSITY To CORRECT A SURVEYOR'S ERROR IN THE ORIGINAL DEED. Hill 87-8 was road first and second time by title and order°. distributed to members of the Council. Bill 87-9, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING TH' CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING SECTION 7 19 WHICH ADDED A NEW SECTION 1716.11 TO THE BUILDING CODE OF THE' CITY OF JEFFERSON, RELATING TO SMOKE DETECTORS IN LEASED 0'• RENTAL UNITS AND ENACTING A NEW SECTION 7-19 RELATING TO THE SAME' SUBJECT. Bill 87-9 was read first and second time by title and ordere•, distributed to members of the Council. Bill 87-10, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING TH: BUDGET BY APPROPRIATING FUNDS FROM THE SEWER CAPITAL IMPROVEMENt FUND AND BY INCREASING ESTIMATED REVENUES FROM FEDERAL AND STAT: GRANTS FOR THE ROCK BEACON SEWER PROJECT. 122 REGULAR-.COUx Y_A Bill 87-10 was read first and second time by title and ordered distributed to members of the Council. Bill 87-11, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KOLB & LUECKENOTTE FOR THE TREATMENT AREA ADDITION AT THE ANIMAL SHELTER. Bill 87-11 was read first and second time by title and ordered distributed to members of the Council. Bill 87-12, sponsored by Councilman Borgmeyer, entitled: F_ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR ALL OF DON RAY DRIVE WEST OF THE WEST RIGHT-OF-WAY LINE OF SHAWN DRIVE IN WESTWOODRIDGE SUBDIVISION. Bill 87-12 was read first and second time by title and ordered distributed to members of the Council. .yF Bill 87-13, sponsored by Councilman Haake, entitled: ='a AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE J OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON rr" PROHIBITING PARKING ON A PORTION OF TANNER BRIDGE ROAD. Bill 87-13 was read first and second time by title and ordered distributed to members of the Council. Bill 87-14, sponsored by Councilman Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 24 BY AMENDING SECTION 24-41 AND BY REENACTING SECTIONS 24-27 AND 24-46, PERTAINING TO THE POLICE PERSONNEL BOARD PROCEDURES, ORGANIZATION AND RESPONSIBILITIES. Bill 87-14 was read first and second time by title and ordered distributed to members of the Council. Bill 87-15, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE UTILITIES EASEMENTS TO UNION ELECTRIC COMPANY, UNITED TELEPHONE COMPANY, AND T . C. I . CABLEVISION, INC. FOR THE CAPITAL DISTRICT-REGIONAL WEST, DOWNTOWN UNDERGROUNDING PROJECT AND TO EXECUTE THE NECESSARY DOCUMENTS CONNECTED THEREWITH. Bill 87-15 was read first and second time by title and ordered distributed to members of the Council. Bill 87-16, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE JEFFERSON CITY HOST LIONS CLUB FOR A SECTION OF THE CITY PARKING GARAGE. Bill 87-16 was read first and second time by title and ordered distributed to members of the Council. RE4UIAILS• . . .. u...' . c ►c. 4 _ • : BILLS PENDING: Bill 87-1, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF MISSOURI TO CONVEY CITY PARKING LOT #17. Councilman Voile expressed concern regarding the wording in the contract which stated there was a "goal" of five hundred parking spaces. Councilman Voile was concerned that the State could appropriate the money for 250 spaces and the contract would still be valid and this is not what the City desires. Councilman Haake expressed his concern also, and said he felt the wording could be more forceful. After some discussion, it was decided not to place this bill on the Informal Calendar, but to amend the contract. By consent of the City Council, this bill was passed over to allow City Counselor Allen Garner time to draft an amendment that would reflect the concerns of the Council. Bill 87-2, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE PROVIDING FOR ACCEPTANCE BY THE CITY OF JEFFERSON, STATE OF MISSOURI, OF A CERTAIN STORMWATER DRAINAGE EASEMENT GRANTED BY UNION ELECTRIC COMPANY. Bill 87-2 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10817. Aye: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Soheulen, Voile and Woodman. Nay: None. Bill 87-3, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON HAULING & DISTRIBUTING FOR STORAGE SILO. Bill 87-3 was read third time by title, placed on final passage, and paused by the following vote as Ordinance No. 10818. Ayo: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Bill 87-4, sponsored by Councilman Borgmeyer, 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 1987 STORMWATER DRAINAGE PROJECT, PHASE 1. Bill 87-4 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10819. Aye: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Veile and Woodman. Nay: None. 124 - t `: REGULAR Cf1S1N�I+_MEE�'ZNS�.._�M1'�X.��.� Bill 87-5, sponsored by Councilman Woodman entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI REPEALING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 87-5 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10820. Aye: Barniole, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Bill 87-6, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI CHANGING, AMENDING AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, BY AMENDING ORDINANCE 9598 BY ZONING PROPERTY LOCATED IN THREE RECENTLY ANNEXED AREAS. Bill 87- 6 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10821. Aye: Barniole, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Hill 87-7, sponsored by Councilmen Voile, Gordon, Davis, Halsey, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING CHAPTER 8 PROVIDING FOR THE GRANTING OF ti.. FRANCHISES AND FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF CABLE COMMUNICATIONS SYSTEMS WITHIN THE CITY OF JEFFERSON, MISSOURI, AND FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THE FRANCHISES, AND ENACTING IN LIEU THEREOF A NEW CHAPTER 8 RELATING TO THE SAME SUBJECT. Councilman Voile asked that this bill be placed on the Informal Calendar. Bill 87-1 was again taken up for final action at this time. City Counselor Allen Garner recommended the contract be amended by inserting the following paragraph: It is further understood by the parties that the City's willingness to convey the property as sot out herein is contingent upon the sufficiency of the State appropriation to substantially meet the terms on which the parties have agreed and the contract shall be subject to ratification by the City Council after review of the actual final appropriation, if any, to determine its adequacy. Councilman Halsey moved approval of the amendment, Councilman Haake seconded and it was approved. Hill 87-1 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10816. Aye: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. ii.1 1 t i x2 5 ' REGULAR COUNCIL W TING, MAY 43_ 1987 _._....__ _._._._..._ ___._ Informal Calendar: Councilman Borgmeyer requested 86-208 regarding the improvements to Peach Tree Drive be removed from the Informal Calendar and amended at this time. Councilman Halsey requested the bill remain on the Informal Calendar at this time. In the absence of Councilman Davis, it was determined the bill must remain on the Informal Calendar at this time and may not be amended. Councilman Nelson requested 86-211 regarding the lease between Cole County and the City for parking lot #4 remain on the Informal Calendar at this time. Resolutions: RS87-4 regarding the name change of School Street to Grove Court. Councilman Halsey moved this resolution be denied. Councilman Halsey had contacted several of the citizens in this area and they were opposed to changing the name of the street. Rather than go to the expense and publish the Resolution in the paper for prescribed period of time and place the burden of objection upon the majority, Councilman Halsey felt it would be in the best interest of all concerned to defeat this resolution. Councilman Barnicle seconded the motion and it was denied. Councilman Nelson requested that an ordinance be drafted which will set out some specific guidelines for Council action on these types of resolutions. This ordinance is to be introduced at the next Council meeting. RS87-5 through R887-8 regarding the change of signatures of the legal documents affecting the City. Councilman Soheulon moved approval of these resolutions, Councilman Voile seconded and they were approved. 8887-9 regarding a traffic light at the intersection of Route 179 and South Country Club. Councilman Hooke moved approval of this resolution, Councilman Gordon seconded and it was approved. RS87.10 regarding the Bi-Centennial celebration. Councilman Barnicle requested the Resolution be amended to delete all references to the renaming of the drive around the Capitol "Constitution Square" . Councilman Barnicle moved approval of the Resolution as amended, Councilman Scheulen seconded and it was approved. Unfinished Business: Councilman Haake requested Mr. Ed Hackers, Wastewater Utilities Superintendent, to inform the Council and those present the status of the sewer problems in the 1400 block of McCarty Street. Mr. Hackers reviewed the progress to date and the problems they had encountered. Mr. Backers informed the Council and those present the repairs should be completed by this summer. New Business: Councilman Borgmeyer stated he had received numerous complaints regarding the letter issued by the Department of Planning & Code Enforcement to the newly annexed areas concerning trash pickup. r { I i _ 14 126 • • . 1e • He stated he did not feel the letter gave the residents enough • ' time to make the necessary change and felt in future they should be given six months to make this change. Councilman Scheulen stated there had been considerable vandalism on the east end this past weekend. There were a number of tires • slashed on Riverside Drive. Councilman Soheulen stated the residents felt the police should patrol the residential areas more and not spend so much time on Missouri Boulevard. He felt the Council should keep this in mind at the next budget meetings • and see if more officers were needed to provide better protection for the citizens. Executive Session: There being no further business, Councilman Gordon moved the • Council adjourn to Executive Session for the purpose of discussing pending litigation. Councilman Halsey seconded and it was approved by the following vote: Aye: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Nelson, Soheulen, Voile and Woodman. Nay: None. • At approximately 9:40 p.m. the City Council reconvened in open session to vote to return to closed session under the provisions of Ordinance No. 10640. Councilman Gordon moved the Council reconvene in closed session. Councilman Halsey seconded and it was approved by the following vote: Aye: Borgmeyer, Gordon, Baake, Halsey, Nelson, Voile and Woodman. Nay: Barniclo and Scheulen.