HomeMy Public PortalAbout19810406 OLD COUNCIL 87
REGULAR COUNCIL MEETING, April 6 , 1981 ,,
(Mayor Hartsfield presided.
;,Prayer offered by Rev. Robert Baur, Central United Church of Christ.
Roll Councilmen present : Borgmeyer, Brant , Crader, Gordon , Halsey ,
Call. Kiiegel , Prenger and Whitecotton.
,Councilmen absent : Hequembourg and Wade, absent with leave.
;1 A quorum was declared present .
Exec. ':Executive Session requested by City Attorney Graham and Mr.
Session. ',Tettlebaum regarding Cable Television. Request granted and
'Councilman Borgmeyer assumed the Chair. )
p
'Regular Session resumed. 1i
Public Hearing held on the project for financial assistance from
Public .Urban Mass Transportation Administration, for construction of �
Hearing Transit-Central Maintenance Facility, in the 800 block of East
for Miller Street.
Transit- Marty Brose explained the matter and stated the facility
Central 'would be built in the 800 block of East Miller Street , bounded by
Mainte- Highway 50, Cherry Street , Chestnut and Miller Streets. The
nance Facility ;;facility will house the Transit buses and provide maintenance and 4
office space for Central Maintenance and Transit Divisions of the
City. The total federal funds involved in this project are esti- d; ,
dated - Section 3 share of the Urban Mass Transit Act - $493 ,000. ,
'Section 18 share $341 ,000. , and local funds of $396,000. There are
.=two houses still in the area and one of them is being considered
for historical investigation and report will be forthcoming at a
4ater date.
I No one else appearedI for or against the matter.
Consent 'The Consent Agenda, including approval of Minutes of Council i'
. , 26th awarding ,
Agenda. �naetin�,:� c.�i' March 16th , �,C3th i�nd 30th, and approval of z�wardi.nl, t:lu. ;�
following bids , which had previously been opened: `
55. Washing of City Vehicles - awarded to Robe , Inc. , and
Super "1:3" Wash on Wheels. ;�
Awarding 62• Fueling Station and Vehicle conversion kit and Liquid
g
Propane Fuel - awarded to Itoadygas Propane Service, Inc.
of 65. Safety Solvent , Solvent Emulsion Degreaser , Heavy Duty
Bids. Cleaner -- awarded to Reid Supply Company , Oxford Chemical
Company and Index Chemical Company. •
' 67. Photographic Supplies - awarded to W. Schiller.
' 68. Protective Clothing - awarded to Snoad' s Safety Sales.
69. First Response Kit - awarded to W. Schiller.
70. Hydrogen Peroxide - awarded to McKesson Chemical Co.
71. Oil and Grease - awarded to J.C. Oil Company
'j 73. 1981 Curb and Gutter Project , Phase I , awarded to Willard
4 Stockman Construction Company.
'Councilman Borgmeyer referred to Item (d) 55, washing of City
j;Vehicles. Do these companies carry insurance - or have the damages!
;done to Police vehicles been turned in to the Robe? Chief Patton
replied that on the police vehicles , it was not damage that occurred
one time, it is the constant damage - most of the time the red
Tights have to be re-aligned, the decals come off the doors, the
Consent untennaes are broken off or are damaged. The constant use of the
Agenda. car wash is what is damaging the cars. Mike Bates stated they had
,also suffered some problems like that - on their cars the antennaes
• were damaged and the decals. In considering the bids, we felt that
if we could utilize the Wash on Wheels , eliminate fuel consumption
and eliminate man power by having someone run the buses back and
forth, it would be a more reasonable approach. The Wash on Wheels
comes to our site and washes the vehicles on the lot.
III Councilman Borgmeyer also referred to Item (d) 62 - what
;vehicles does this pertain to and what is the purpose? Mr. Hamburg
explained there were two police vehicles and one Public Works
vehicle. It has been proven that this could be a saving in several
%areas, and propane is quite a bit less expensive than gasoline we
are using. Also it has been proven maintenance costs on vehicles y
88.
, I • O_t.cN C.IZL..b '+,£�2IN�2-s--Ap r�.a..Sl-—..�15 .�
are quite a bit lower because propane burns cleaner. We are 1, ` j'
proposing to put it on the three vehicles as a test and document I
it for the coming year, and then with those figures decide whether or not to expand the project .
Petition for street light at 705 Boonville Road referred to
Public Works Department . .
Application by Norvin and Doris Raithel , for rezoning of six :
acres of land on Goodall Lane, off Tanner Bridge Road, from RS
Residential to RA Multifamily, was referred to the Planning and
Zoning Commission.
i
Councilman Whitecotton made the motion that the Consent
!I Agenda be approved. Motion seconded by Councilman Prenger and
passed.
1 The following Minutes were received and filed :
I Board of Adjustment meeting of March 10, 1981 . Minutes
1 Annexation Committee meeting of March 26 , 1981. Filed.
Parking and Traffic Authority meeting of March 26 , 1981.
Airport Commission meeting of April 17, 1981 .
Under petitions, Mayor Ilartsfield stated he had received a number Parking '>
of letters from downtown merchants regarding parking in the down- JPetition .
town area. They also submit an alternate plan and after the matter
has been discussed by the Parking Authority it will come back to "
the Council.
A petition containing 118 signatures was also presented from rest- Petition
dents of Hamilton and Dulle Towers, expressing their support for ;'Supporting
the Housing Authority Board and the Director, Mr. Ted Herron. ; Housing
Authority
Mayor Hartsfiel.d introduced Mr. Clyde Lear, 408 Oak Valley Court ,
Chairman of the Transportation Department: of the Chamber of
Commerce.
qtr. Lear introduced Mr. Jim Baumgartner, Chairman of the
{ Bridge and Highways Sub-Committee of the Transportation Committee,
11 Mr. Jim Anderson, Executive Secretary of the Chamber, and Mr. Tom
INappy'', President of the Chamber or Commerce. Mr. Lear stated they
were here asking for the Council ' s support for an action which the 2nd
1I Board of Directors of the Chamber of Commerce has undertaken and hlridge
I approved - that is to seek a second bridge across the Missouri over
j River for Jefferson City. Mo. River.
Mr. Baumgartner passed out copies of a Resolution and copies .
of a graph showing average daily traffic over the bridge. He had
II previously spoken with Mr. Hunter - we are not trying to move the
bridge ahead of projects that have high priority, but with the
need for possible repairs on the bridge within the next few years,
Jefferson City may not be able to stand the type of congestion
iwhich might happen if we do not make effort to build another
bridge. If one lane of traffic on the bridge has to be closed
down during repairs, we could have a severe traffic problem there. .
In conversation with Mr. Hunter, we learned the design and such
II of the bridge could take eight years. We are merely asking for ;!
Iyour support by the passage of this Resolution. ;`
The following Resolution was introduced:
1 RESOLUTION
.� The members of the Council of the City of Jefferson feel that a "Resolution
second Missouri River bridge is essential for the continued growth for 2nd
E and development of Jefferson City. Bridge.
I BE IT RESOLVED, that the Council of the City of Jefferson supports
°f the efforts for the construction of a second bridge across the
Missouri River at Jefferson City.
BE IT FURTHER RESOLVED, that the City of Jefferson and the Jefferson
I
is
REGULAR COUNCIL MEETING, April 6 , 1981
City Area Chamber of Commerce jointly make a presentation before
the Missouri Highway and Transportation Commission regarding the
need for an additional Missouri River bridge at Jefferson City .
Adopted this 6th day of April , 1981.
Attest /s/ City Clerk /s/ George Hartsfield, Mayor
Councilman Whitecotton made the motion that such Resolution
be adopted. Motion seconded by Councilman Crader and passed
unanimously.
Councilman Borgmeyer requested that copies of the Resolution
be sent to the Governor , Representatives and Senators from Cole
and Callaway Counties and the State Highway Commission.
Mayor Hartsfield stated that about a year and a half ago we passed
an Ordinance to retain the one cent Sales Tax on utilities , in
Utility 1 conformity with a new State Statute that had been passed. That
Sales I Statute did not address telephone service but did address water,
Tax ,! gas and electricity. We thought we were retaining the tax on
' gas and electricity but chose to take all tax off water because of
the attitude between customers of the Water District and Capital
City Water Company , plus we were trying to make tax reductions at
that time. From reports of the Revenue Department , it appears
we did not have authority to exempt commercial and industrial
water customers. Mr. John Philliber of the Capital City Water
Company was present and stated it amounts to approximately four
hundred dollars per month but the bill from the Tax Department
amounts to eighteen thousand dollars - they have estimated it high.
He further stated the Water Company would like to ask the City to
ask the Tax Department to forgive this tax that has not been charge
in the past ; we can pick it up now and begin to charge it - we
would like to do this if it is legal or could be done. At least
drop the penalties , but we would like the entire amount dropped
by the Tax Department , if the City could see their way clear to
help UN to do that . I f that is not possible we will have to go
back and charge our .Industrial and commercial consumers , and if
we have to do that we would like to exclude penalties.
Mayor Hartsfield stated he would be happy to write the
Director or Revenue along the lines suggested -- that we seek a
waiver for the pant months and then begin collecting tax at this
time, i 1' that Is ai .iowab.l.e. Mayor stated, if agreeable with the
Council , ho and Mr. Phi .Ili.ber would draft such a letter.
Councilman Kliegel then introduced Mr. Joe Wilson , who is intorestei
in the golden glove boxing, and in our Bill 208 - he is concerned
Bill about the $50. 00 license fee mentioned in the Bill .
208 Mr. Wilson spoke on Bills 208 and 225. In no way is the
Discus- ! Capital Boxing Club involved with any typo of professional or any
Won. type of wrestling programs. We have incorporated as a non-profit
corporation , this is a Club for boys tan years old and up. They
have no expenses whatsoever -- their physicals are taken care of
, by Doctors in town who donate their services, the only thing they
have to furnish are their shoes - we furnish their trunks, robes , !
head gear, mouth pieces, hand wraps, the Gym by LaSalette Seminary
which the Housing Authority loans to us. There are over sixty
Clubs in Missouri and we travel almost every Saturday, all on a
non-profit basis, and sanctioned by the Golden Glove and A.A. U.
We do get contributions from businesses or individuals but our
main source of income is gate receipts from our home boxing matche
which we hope to hold once a month. There are about sixty boys
involved and we are open five nights a week. Their insurance and {
travelling expenses are taken care of by the Club. The boy must
maintain a "C" average. I am asking the fifty dollar fee be
deleted and also the business license, as this would have to be
111 taken care of by the boys. We do not push the "pro" concept at !
all - the number one pre-requisites of the coaches is that they
r; like to work with kids.
Mayor Hartsfield stated when the Bills come up we can discus
90
REGULAR COUNCIL MEETING, April 6 , 1981
possibilities of an amendment , or there could be a license or r} y
permit without a fee, it could be a license or fee for professional Y
use only
•
Mayor Hartsfield nominated Ella Mae Flippin as a member of the Appt . to
Animal Control Advisory Commission, replacing Bill Reichard. Animal
Motion made by Councilman Gordon that such appointment be approved.Control
Motion seconded by Councilman Whitecotton and passed. (Commission
Mayor Hartsfield nominated Jim Hook as a member of the Jefferson
City Industrial Commission, replacing Jim McHenry. Motion made Appt . to
by Councilman Whitecotton that such appointment be approved. J.C. In-
Motion seconded by Councilman Prenger and passed. dustrial
:T4
Commission
Mayor Hartsfield stated that several weeks ago Mr. Scott of
Missouri Power and Light Company left a copy of Downtown Electric
Underground System Study and the same is available for anyone to
look at in the City Clerk' s Office. We have until the 1st of May lo. Power ~`f
and if agreeable I will have Gary write Mr. Scott and ask for a Light
schedule for the area for the twenty-year plan.
You have recently received a copy of Personnel Rules and Regulatio►s
from Gary. We would like for you to read them and mark any corn- I Rules &
ments or questions you may have and submit to Gary by next Monday Regulations
night.
Mr. Hamburg stated they had tentative plans, if any of the Council
men are interested, to take a brief tour around to accessible City
Tour of
Halls in the mid-Missouri area, so that when the architect pre-
sents the preliminary design to you for review you will. have some i City
ideas about what you will want in the plan or what you would not 11 Ilrt l7.rs .
want in the plan. We would like to have a feed back from Council. f
members as to who would be interested in taking a day for visiting !
two or three City Halls and taking a brief tour of the facilities.
Mayor suggested Mr. Hamburg pick a date and several location
and give the Council two or three weeks notice to determine who
can make the tour.
Hill No. 21.3, introduced by Councilman Ilequembourg , entitled :
"An Ordinance of the City of Jefferson , Missouri , accepting and '3111 213
approving the plat of Orchard Lane Addition, a Subdivision of the {3lat of
City of Jefferson , Missouri , as herein described. " rchard
Bill No. 21.3 read first and second time by title and ordered Lane
distributed to remembers of the Council .
Bill No. 214, introduced by Councilman Ifequembourg, entitled:
"An Ordinance of the City of Jefferson , Missouri , accepting and 111 214
approving the plat of Mall Ridge Addition , Section Two, a subdi- lat of
vision of the City of Jefferson, Missouri , as herein described. " all
Bill No. 214 read first and second time by title and ordered idge
distributed to members of the Council.
Bill No. 215, introduced by Councilmen Borgmeyer and Kliegel ,
Bill 215
entitled: Liquor
"An Ordinance of the City of Jefferson , Missouri , amending the License
Code of the City of Jefferson, 1978, by repealing Section 5-21 License
relating to revocation of intoxicating liquor license, by re- { even.
pealing Section 5-34 relating to revocation of nonintoxicating
beer license and enacting new section 5-21 and 5-34 relating to
the same in lieu thereof. "
Bill No. 215 read first and second time by title and ordered
distributed to members of the Council.
91 ,'
m
} REGULAR COUNCIL MEETING April 6 1981
r
;r fiti.{:v
. ';r Bill No. 216 introduced by Councilman Brant entitled : � �
� y 44,1 4,
t5 Bill t'ik..
{� 16 "An Ordinance of the City of Jefferson, Missouri , authorizing and -.:.
Cole Cty directing the Mayor and Clerk of the City to execute a written q
Mental contract with the Cole County Mental Health Services.
Health
Bill No. 216 read first and second time by title and ordered
r distributed to members of the Council.
: . Services. :;_
Bill No. 217, introduced by Councilman Brant , entitled:
Bill 217 "An Ordinance of the City of Jefferson, Missouri, amending Ordi-
City nance No. 9543, by the deletion of the existing entry for the
Clerk position of City Clerk and substituting therefor a new entry for
Position the position of City Clerk. "
Bill No. 217 read first and second time by title and ordered
distributed to members of the Council .
I- Bill No 218, introduced by Councilmen Prenger, Wade, and
-,. Bill 218
?: Whitecotton, entitled:
Parkin :,i:_;
"- & Traffic "An Ordinance of the City of Jefferson , amending the Code of the
City of Jefferson , 1978, by repealing Sections 23-5 through 23-14 kt`
r regarding creating a Parking and Traffic Authority and enacting :;7
`' new Sections 23--5 through 23-10 creating a Parking and Traffic
Commission. " ='
Bill No. 218 read first and second time by title and ordered
distributed to members of the Council . '2`
Ix;
Bill. No. 219, introduced by Councilmen Prenger, Wade , and ``"
Bill 219 Whitecotton, entitled : SMF
Dept. of "An Ordinance of the City of Jefferson , Missouri , repealing Ordi- "<F'
I Trans- nance No. 9460, which created a Department of Transportation withi
Y'.rS
portal-ion and for the City or Jefferson , Missouri , and substituting a new
Ordinance therefor. " :
13111 No. 219 read first and second time by title and ordered _
distributed to members of the Council . ;; '
131.11, No 220 , introduced by Councilmen Prenger , Wade , and `:,4
Bll1. 22() Whitecotton , entitled :
Parking ! "An Ordinance of the City of Jefferson , Missouri. , amending the
Division Code of the City of Jefferson, 1978 , by deleting the current
Fund Section 23--10. 1. , Parking and Traffic Authority Fund, and t-bubst.itut
ing a new Section 23-11 , Parking Division Fund. "
13111 No. 220 read first and second time by title and ordered
distributed to members of the Council. .
13111 221 13111 No. 221 , introduced by Councilmen Prenger, Wade , and '
Parking Whitecotton, entitled:
Meters. "An Ordinance of the City of Jefferson, Missouri , amending the
Code of the City of Jefferson, 1978, by repealing Section 23-15. 1 ,
Same - Reserved Parking Meters , and substituting therefor a new '
Section 23-15. 1. "
Bill No. 221 read first and second time by title and ordered
distributed to members of the Council .
Bill 222 Bill No. 222 , introduced by Councilman Gordon , entitled :
Parking "An Ordinance of the City of Jefferson, Missouri , amending the
& Traffi Code of the City of Jefferson , 1978, by amending Section 23-79,
relating to parking prohibited at all times at designated location- w
by adding a portion of Oberman Place under Sub-Section ( a) .
Bill No. 222 read first and second time by title and ordered
distributed to members of the Council.
Bill No. 223, introduced by Councilman Gordon , entitled:
IIIBill 223 "An Ordinance of the City of Jefferson, Missouri , repealing Ordi-
Parking , nance No. 9584, and enacting a new Ordinance in lieu thereof ,
& Traffic amending the Code of the City of Jefferson , 1978, amending Section
1. i` .. ., .. .. .. : . ... - .. .... ... ..... .. . ... _ ... .. .. .. .., .. ,. . ,. ..
!:7: :
REGULAR COUNCIL MEETING, April 6 , 1981
' 23-79, parking prohibited.
s +Bill No. 223 read first and second time by title and ordered `'``' E;,.x
distributed to members of the Council. per'
7
`tee Bill No 224, introduced by Councilman Gordon , entitled; S: s
:Ctyg "An Ordinance of the City of Jefferson , Missouri, amending Ordi- Bill 224
nance 9583, Section 1, amending the Code of the City of Jefferson , Parking sw�
1978, Section 23-95 (d) , relating to no parking zones. & Traffic
Bill No 224 read first and second time by title and ordered '•-
distributed to members of the Council. f.;-.
r.
': '> Bill No. 225, introduced by Councilman Kliegel , entitled:
g
ill 225 ''
"An Ordinance of the City of Jefferson , Missouri, amending the � ;Fr:;
} Code of the City of Jefferson, 1978 , by amending Chapter 22-7 Business
'a entitled "Business Licenses Based Upon Set Fees" by changing the ' icense „:
` boxing or wrestling fee. " Fee. -_
1 Bill No 225 read first and second time by title and ordered
.'4 distributed to members of the Council. '"'
-:- si
Tf%.,
i
Bill No 226, introduced by Councilman Whitecotton , entitled :
"An Ordinance of the City of Jefferson , Missouri , authorizing and gill 226
directing the Mayor and City Clerk on behalf of said City to < b.
Real. �n:
execute a deed to certain real property. " Estate Y° '
Bill No 226 read first and second time by title and ordered
- distributed to members of the Council.
t=:
13i11 No 200, introduced by Councilman Wade, entitled : •
..s`: . "An Ordinance of the City of Jefferson , Missouri , repealing ±;.x
' Article III , Section 6 of Ordinance No 9503 , relating to fines Bill 200 �
for violation of the provision', regarding the keeping of dogs , Animal
`;, cats and other domestics animals , and enacting a now Article III
R ,G • tT Control : . g;.<
--.:i Suction (3, relating to the same subject . " t_;:
Bill No 200 read the third time by t, i t.1o , placed on final
;-: passage and was passed by the following vote 'u> Ordinance No 9601
,, s,:
Councilmen t t ix ( r i t I ' (
4. . K 1 1 v°1. , Prenlrcrr• anti Wh i tecot:ton .
e
.)j* ( ount mtn vontay : Graer "
:::- Councilmen abbsent, lbb(uembourr and Wade. _
131l.l. No. 201 , introduced by Councilman Wade , entitled :
: An Ordinance or the City of Jefferson , Missouri , amending U r di -
.
Bill 2O1
nance No. 9122 , commonly referred to as the Litter Ordinance, by ; Litter c
changing the penal ty for violation thereof. " s Ord i nance
Councilman Borgmeyer made the motion tlii(t the minimum fiti(. E
of $25. 00 be changed to $50.00. Motion seconded by Councilman )
Gordon and passed.
Bill. No. 201 , as amended, was then read the third time by
title, placed on final passage and was passed by the following '
vote as Ordinance No. 9602 :
Councilmen voting Aye: Borgmeyer, Brant , Gordon , Halsey,
Kliegel , Prenger and Whitecotton.
Councilman voting Nay : Crader.
Councilmen absent Iiequembourg and Wade.
Bill No. 202, introduced by Councilman Borgmeyer, entitled:
"An Ordinance of the City of Jefferson , Missouri , changing, Bill 202
amending and modifying the zoning map of the City of Jefferson , , Planning
by amending Chapter 36 , of the Code of the City of Jefferson, by & Zoning
rezoning property located in the 800 Block of Ohio Street , from
RS-4 (Single Family) , to RD (Duplex) . "
Bill No. 202, read the third time by title, placed on final '
passage and was passed by the following vote as Ordinance No. 9603!;
Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon, ;,
Halsey, Kliegel , Prenger and ►I
Whitecotton. (,
Councilmen voting Nay: None. It
Councilmen absent Hequembourg and Wade. 1
i
1
93 .yT
REGULAR COUNCIL MEETING, April 6, 1981
- :°s- Bill No 203, Introduced by Councilman Prenger, eItitled:
"An Ordinance of the City of Jefferson Missouri , changing, amondinh ''
` Plat ing and modifying the zoning of the City of Jefferson , by amending k'
Planning Y g g map
_: & Zoning Chapter 36 of the Code of the City of Jefferson , by rezoning
property located in the 2000 block of Tanner Bridge Road, from RS-2
` (Single Family) to RA (Multiple Dwelling) . " ,,,
Tom Benton stated he had discussed the Bill with one of the
property owners and informed him that the petition did meet the
ten percent property requirement. We did not have time to call a
meeting of the property owners but at that time he agreed if the
Council saw fit to place the Bill on the Informal Calendar and
hopefully next week we will be able to arrange the meeting. I also
understand Mike Bates has received a reply from the Highway Depart-
ment on the Route B connection - it would not be allowed, so it
r would increase the concern of the people on Tanner Bridge Road. Mr
- Otke is agreeable to meet with them to pursue alternatives and .
provide buffers, etc. `'
1 Councilman Prenger requested that the Bill be placed on the 1 '`Y
Informal Calendar and this was agreeable.
j'Bill No. 206 , introduced by Councilmen Crader and Borgmeyer,
' entitled:
Bill 206 "An Ordinance of the City of Jefferson , Missouri , authorizing and
., Federal directing the Mayor and City Clerk to execute the Third Supplementa
, Aid Federal Aid Urban Program Agreement with the Missouri State Highway =a;.
Urban Commission. "
Program Bill No. 206 , read the third time by title, placed on final ,
Agree-
passage and was passed by the following vote as Ordinance No. 9604 : f,;;
mont . Councilmen voting Aye : Borgmeyer, Brant , Crader, Gordon ,
Halsey , Kliegel , Prenger and
Whitecotton.
Councilmen voting Nay : None.
Councilmen absent : Iioquembourg and Wade.
;Bill No. 207, introduced by Councilman Crader , ant i t l tad:
Bill. 207 ; "An Ordinance of the City of Jefferson , Missouri , authorizing the SLV,
Horner & Mayor and Clerk of they Ci.Ly to execute an agreement with Horner &
Shif'rin ' Shi Erin, Inc. , Consulting Engineers , 5200 Oakland Avenue, St. Louis
Agree- ! Missouri , 03110. " > i
meant: . Bill read.11 No. 207 rd they third time by title , placed on final
^`} Ipunnage and wan passed by the following vote as Ordinance No. 9605 :
Councilmen voting Aye: Borgmeyer, Brunt , Crader, Gordon ,
, Halsey, Kliegel., Prenger and ,
Whitecotton.
Councilmen voting Nay : None. ;;
Councilmen absent Hequembourg and Wade.
I h
Bill No. 208, introduced by Councilman Kliegel , entitled:
Bill 208 "An Ordinance of the City of Jefferson , Missouri , amending the Code
Boxing & of the City of Jefferson, 1978, by adding a new Section 26-63
Wrestling relating to regulation of boxing and wrestling. "
{ Councilman Kliegel inquired of the City Attorney if this
would require an amendment to exclude the group Mr. Wilson had
talked about . The City Attorney and the Mayor stated if they were
recreational , civic , community , etc. , if they have applied for a
I501C3 Exemption they would qualify and would be exempt from paying
' the fee,
Bill No. 208, read the third time by title, placed on final
passage and was passed by the following vote as Ordinance No. 9606 :
Councilmen voting Aye: Borgmeyer, Brant , Crader, Halsey ,
Kliegel , Prenger and Whitecotton.
Councilman voting Nay: Gordon.
Councilmen absent Hequembourg and Wade.
III
94
REGULAR COUNCIL MEETING, April 6, 1981
Bill Na. 209, introduced by Councilman Whitecattan entitled: `}`,
"An Ordinance of the City of Jefferson , Missouri , amending Ordi- 1311.1 209, .:#t
nance No. 9576, by the deletion of the existing Section 1 of said City r4;.:, ,..
. Ordinance and the substitution therefor of a new Section 1. " Counselor
Mr. Tom Hearne, Attorney, appeared and discussed the Resolu- A`
tion. He stated he was interested in the application process for X
the position of City Counselor. His wife is an applicant for the .
position and if she has a chance to be interviewed for the position ,
he felt the Mayor, Administrator and Council will judge her quali-
fications on her merits. The position was originally advertised
in the range of $21,000 to $28,000 and several applications were
filed. He knows two of the applicants and feels they are able and
qualified and the most important thing, they were willing to work,
on a full time basis, under this range. It seems this body is
foreclosing themselves and is not pursuing a very wise fiscal
policy when it acts to increase the salary range when it has not ,,
properly screened the applications already filed for the position.
Mayor Hartsfield responded - we said we would readvertise
and then start the selection process. I will personally give
preference to a local person, but this City is wise to get the
most for the money it can get - someone with experience in Municipal
Law that can begin performing and producing, is worth more than
someone who cannot, regardless if they are local or non-local.
Mayor further stated if the Council wanted to interview, as
a panel , or as a Committee-of-the-Whole, or if you want Gary and I
to interview and recommend three. We have used various processes
in the past and we would like to hear from you along that line.
Bill No. 209, read the third time by title, placed on final
passage and was defeated by the following vote :
Councilmen voting Aye : Brant , Gordon , Pr. onger and Whitecotto .
Councilmen voting Nay : Borgmeyer, Cruder, Halsey and Kliegel
Councilmen absent : llequembourg and Wade
Bill No. 212 , introduced by Councilman Cruder , entitled :
"An Ordinance of the City or Jefferson , Missouri , authorizing and 13111 212
directing the Mayor and Clerk to execute a written agreement on Booker &
behalf of the City with Booker Associates , Inc. , for architectural 580c1.
and engineering services. " greement
Bill No. 212 read the third time by title , placed on final
pu.UNago and wan panned by the fo] lowing vole au Ordinance No. 0607 :
Councilmen voting Aye : Brant , Cruder , Gordon , Halsey ,
Prenger and Witi teooL ton.
Councilmen voting Nay : Borgmeyer and Ku ego]
Councilmen absent : Itequembourg and Wade
The following street light Resolution was introduced:
RESOLUTION
BE IT HEREBY RESOLVED by the City Council , City of Jefferson , Resolution
Missouri, that the Missouri Power and Light Company install street Street
lights in accordance with recommendations presented to the City Lights.
Council by the Missouri Power and Light Company and adopted by
said City Council on April 6, 1981.
1. Install one 6800 lumen light with fiberglass pole at
the south property line of 504 Schellridge Road. ,,
2. Install one 6800 lumen light with fiberglass pole at
the property line between 419 and 501 Schellridge Road.
Approved: 4-7-81 /s/ GeorMayor
Councilman Gordon made the motion that such Resolution be
adopted. Motion seconded by Councilman Borgmeyer and passed.
The following Resolution was introduced:
RESOLUTION
WHEREAS, the City Council of the City of Jefferson , Missouri,
did adopt Ordinance No. 9523 on October 20, 1980, which establishe
the office of City Counselor, and
WHEREAS, the City Council has passed the appropriate ordi-
I
9 J $
REGULAR COUNCIL MEETING, April 6, 1981
r'`" nance establishing the pay range and ,fob description for the posi- ''°
;Resolu- tion of City Counselor, ''!
nselor .j
,f _,-• tion b.
City WHEREAS, it is the intention that this position be a regular ,,
Counselor full-time position. _,
`'' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE :r0
CITY OF JEFFERSON, MISSOURI , that the requirements of the position
of City Counselor are such that :
1. The person hired to fill the position shall keep regular
forty hour per week office hours at City Hall during the
hours which City Hall is open for business , and
2. That person shall be required to attend all City Council
meetings unless specifically excused by the City Admini-
strator, and shall attend other City meetings as required.
Adopted this 6th day of April , 1981 . F.
ATTEST:Js/ City Clerk Js/ George Hartsfield, Mayor
Councilman Gordon made the motion that such Resolution be ,,
adopted. Motion seconded by Councilman Whitecotton and passed.
The following Resolution was introduced:
RESOLUTION
Resolution authorizing the filing of an application with the ?'
Resolu- Department of Transportation, United States of America, for a grant
tion under the Urban Mass Transportation Act of 1964, as amended.
Grant WHEREAS, the Secretary of Transportation is authorized to
Urban make grants for mass transportation projects ;
:" Mass WHEREAS, the contract for financial assistance will impose
Trans-
certain obligations upon the applicant , including the provision by
ortation
Act. it of the local share of project costs ;
WHEREAS , it is required by the U.S . Department of Transpor-
tation In accord with the provisions of Title VI of the Civil ltights
Act of 1904 , that, In connection with the .filing of an application
for assistance under the Urban Mass Transportation Act of 1904 , as
amended, the applicant give an assurance that it will comply with
Title VI of the Civil Rights Act of 1004 and the U.S . Department or .'
Transportation requirements thereunder ; and
WHEREAS, it is the goal of the Applicant that minority busi-
ness enterprise bo utilized to the fullest extent possible in con-
nection with this project , and that definite procedures shall be
established and administered to ensure that minority businesses
shall have the maximum feasible opportunity to compete for contracts
when procuring construction contracts, supplies , equipment contract
or consultant and other services :
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Jefferson , Missouri :
1. That the Mayor is authorized to execute and file an application
on behalf of the City of Jefferson with the U.S. Department of
Transportation, to aid in the financing of a Transit/Central
Maintenance facility.
2. That the Mayor is authorized to execute and file with such
application an assurance or any other document required by
the U.S. Department of Transportation effectuating the purposes
of Title VI of the Civil Rights Act of 1964.
3. That Martin A. Brose, P.E. , Director of Transportation , is
authorized to furnish such additional information as the U.S.
Department of Transportation may require in connection with
the application or the project.
4. That the Mayor is authorized to set forth and execute affirma-
tive minority business policies in connection with the project '
procurement needs.
CERTIFICATE
The undersigned duly qualified and acting Mayor of the City of
Jefferson certifies that the foregoing is a true and correct copy
96
REGULAR COUNCIL MEETING Apriil 6, 1981
of a resolution, adopted at a legally convened meeting of the City _ �t
Council of the City of Jefferson held on April 6 , 1981.
ATTEST /s/ City Clerk /s/ George Hartsfield, Mayor
Councilman Brant made the motion that such Resolution be
adopted. Motion seconded by Councilman Whitecotton and passed.
The following Resolution was introduced:
RESOLUTION
Resolution authorizing the filing of an application for an
amendment to project No. MO-03-008 with the Department of Trans- •esolution
portation, United States of America, for a grant under the Urban Dept, of
Mass Transportation Act of 1964, as amended, i'ranspor-
WHERf'AS, the Secretary of Transportation is authorized to Cation.
make grants for mass transportation projects;
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant , including the provision by
it of the local share of project costs;
WHEREAS , it is required by the U.S. Department of Transpor-
tation in accord with the provisions of Title VI of the Civil Right.
Act of 1964, that in connection with the filing of an application
for assistance under the Urban Mass Transportation Act of 1964, as
amended, the applicant give an assurance that it will comply with
Title VI of the Civil Rights Act of 1964 and the U.S. Department
of Transportation requirements thereunder ; and
WHEREAS, it is the goal of the Applicant that minority busi-
ness enterprise be utilized to the fullest extent possible in con-
nection with this project, and that definite procedures shall be
established and administered to ensure that minority businesses
shall have the maximum feasible opportunity to compote for con-
tracts when procuring construction contracts , supplies, equipment
contracts, or consultant and other services :
NOW, THEREFORE, DE IT RESOLVE!) by the City Council of the
City of Jefferson , Mimeour 1
1. That the Mayor Ili authorized to execute and rile an appli-
cation for an amendment on behalf of the City of Jefferson
with the U.S. Department of Transportation , to aid in the
financing of a Transit:/Central Maintenance facility.
2. That the Mayor is authorized to execute and file with such
application an assurance or any other document required by
the U.S. Department of Transportation effectuating the pur-
poses of Title VI of the Civil Rights Act of 1964 .
13. That Martin A. Drone, P.E. , Director of Transportation, is
authorized to furnish such additional information as the U.S.
j Department of Transportation may require in connection with
the application or the project.
4. That the Mayor is authorized to set forth and execute affirmaar
tive minority business policies in connection with the project '
procurement needs.
CERTIFICATE
The undersigned duly qualified and acting Mayor of the City
of Jefferson certifies that the foregoing is a true and correct
copy of a resolution, adopted at a legally convened meeting of the
1 City Council of the City of Jefferson held on April 6, 1981.
Attest /s/ City Clerk /s/ George Hartsfield, Mayor.
1 Councilman Brant made the motion that such Resolution be adopted.
! Motion seconded by Councilman Whitecotton and passed.
i{t
1
1
97
-J
,i
REGULAR COUNCIL MEETING Aril 6, 1981
1;>: The following Resolution was introduced by Councilman Borgmeyer : s.
RESOLUTION ';'
WHEREAS , the City Council of the City of Jefferson, Missouri ,
has heretofore approved the plat of the Corps of Engineers to -"=
Resolu- control the flooding of Wears Creek by means of placing it under-
tion ground; and
Wears
Creek WHEREAS, funding such project by the Corps of Engineers has
not yet been provided; and
WHEREAS, there are proposals now pending in Congress for the
authorization and subsequent funding of such project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JEFFERSON, MISSOURI , AS FOLLOWS :
1. That the City Council reaffirms its support of the Closed
Channel treatment of Wears Creek.
2. That the City Council agrees to abide by and to assume
its share of the costs under the Statutory Cost Sharing wr.
Guidelines in effect in 1973.
3. That the City Council rejects any revision in the sharing
of costs whether those revisions affect the City of
Jefferson , Missouri. rr.
4. That the City Council feels that alternate means of com-
pleting the project should be seriously pursued if the
United States Congress does not fund this project by
September 30, 1982.
5. That copies of this Resolution shall be forwarded to
SOfators Danforth and Ea.gleton and to Congressman Bailey.
6. That copies of this Resolution shall be forwarded to
State Senator Ralph Uthlaut , Jr. , and State Ropresentativ
James R. Strong and Carrel J . McCubbin.
Adopted this day of April , 1981 .
ATTEST____ City Clerk Mayor
Councilman Halsey discussed the franchise involved in Capitol.
Wont - he stated the utilities are all involved.
The Mayor stated the Franchise with Missouri Power and Light
Company - and the same basic language IN in other utility franchise :
- requires Utilities to pay their own underground costs even though
the City requests them to go underground and relocate , Sc) we have
no liability where Utilities are concerned.
Councilman Hulsey responded that in the recent Memo he sent:
out there were letters from the Utilities and also from the office
of Administration - there is a possibility of a conflict here , and
I would like an opinion from the City Attorney as to whether or not
as you removed yourself from Cable Television , would you consider
this likewise?
Mayor responded that his answer was "no" and he would not
remove himself.
City Attorney Graham stated the way the present project was
set up, it is a fifty-fifty cost-sharing with all the Utilities.
That is my understanding not withstanding the new Franchise Agree-
ment with Missouri Power & Light Company , we are still on a fifty-
fifty basis with the Truman Building, I believe.
Mayor Hartsfield interrupted and stated that for the Truman
Building the costs for relocation were paid for exclusively by the
State.
Graham went on to say - the way it was his understanding that
if this project were to be amended in some form, in such manner
that the Housing and Urban Development , or the Corps of Engineers
would terminate the Project , rather than Congress terminating it ,
then any expense of relocation would be borne by the City or the
State, again depending on what the Franchise arrangements are with
IIIthe respective Utility Companies. At the present time the Telephone
Company's and City' s Franchise does call for a fifty-fifty cost-
sharing. Without this Grant Assistance it could be an expensive
project for somebody.
I
98
4
REGULAR COUNCIL MEETING, April 6 , 1981
Councilman Prenger inquired if we had not already sent a } ''
• Resolution to Washington in support of this project . Mayor replied
~`T this had been done and thought it was about January of 1980 , and
this would be a reassurance. Councilman Borgmeyer stated the
• Resolution was asked for by the Housing Authority but he thought
we should wait for the Congress, Corps of Engineers and HUD to
make the next move. Let them come back to us with a revised plan
rather than trying to do this with City and State money.
City Attorney Graham stated we could get a copy of the ori-
ginal Resolution, passed in 1979 or 80 , attach it to a letter
saying that as far as the City is concerned it still stands.
After further discussion, Councilman Brant made the motion
that the Resolution be amended by changing the date "September 30,
1982" , appearing in Sub-section 4, to "December 31 , 1981" . Council
man Prenger seconded the motion and by a voice vote the Mayor r:
ruled that the motion passed.
Councilman Borgmeyer then requested that such Resolution be
withdrawn and there was no opposition.
S '9'
Mayor Hartsfield presented the report of James M. Weber, Supervisor
of Building Regulations, regarding the exitways at City Hall and
• costs of correcting the same. Mr. Benton was asked for his recom- Work
mendation and he stated that in view of the fact that we probably on
would be occupying this structure for at least another two years , Current
and considering the large meetings held on the third floor and City
more offices occupying the third floor , and after consulting with Hall
the Fire Chief, it would take the three proposals - for a total of
{,, $7, 750.00 - to put the building in proper shape. They would con--
`= tact the people next door and hope they would participate.
Councilman Borgmeyer made the motion that we authorize Mr.
Benton to proceed with the total proposal - tho sum of $7 ,750. 00 -
and since this is not a budgeted item that the amount; be taken out
of Revenue Sharing. Motion seconded by Councilman Prenger and
passed.
.~t
.y.r Mayor Hartsfield stated that, Dick Hayes was again present regarding, Employment
the Employment Assistance Program. Mr. Mayer; answered a few Assistance
e
quest ions and , a f i;or d.Iscuss I on , Councilman liorgmeycr made the Program
motion that the matter be tabled at this time . Motion t-joeoncled by
Councilman Wh.itocot;ton and passed.
Councilman Brant stated he had a bill from Mr. Tott;lebaum in the
Legal
amount of $2, 867.40. The previous bill was in the amount of fees
$1 ,680. 00. Those expenditures have previously been approved to be
paid out of the Cable Television Fund.
Councilman Crader introduced his oldest son , Mike, who has attende,
several meetings - he was given an ovation by the Council and
audience.
Councilman Borgmeyer presented a petition opposing the proposed
rezoning of property at 901 Swifts Highway , from single dwelling Petition
to multi-family dwelling. Copy to be sent to Mr. Benton for pre- Rezoning
sentation to Planning and Zoning Commission.
The following Resolution was introduced:
RESOLUTION
RESOLVED, that on April 22, 1981 , Chris Graham be retained as
special counsel for cable television to represent the City of
Jefferson in the litigation styled "T. C. I . CABLEVISION INC. vs.
{ THE CITY OF JEFFERSON , MISSOURI" .
99
REGULAR COUNCIL MEETING, April 6, 1981
Agreed upon rate: Attorney' s time - $50.00 per hour not to exceed
One Thousand Two Hundred
Dollars ($1 ,200.00) per month,
plus out-of-pocket expenses.
Resolu-
Itemized statements shall be submitted at each regular Council
tion Meeting.
in ADOPTED THIS 6th day of April, 1981.
Graham
on TCI ATTEST: /s/ City Clerk /s/ Mayor Pro Tem
Case. Councilman Halsey made the motion that the Resolution be adopted.
Motion seconded by Councilman Kliegel and passed.
Considering the fact that the Resolution has to do with Cable
Television, Mayor Hartsfield will not sign the Resolution , it will
be brought before the Council at the next meeting when Councilman
Hequembourg is presiding.
Mayor Hartsfield retired and Councilman Borgmeyer took the Chair.
The following Resolution was introduced by Councilman Whitecotton :
RESOLUTION
WHEREAS , the license of Telecommunications, Inc. , (TCI) for
the provision of cable television service within the City of
Resolu- Jefferson will expire on April 21 , 1981 ; and,
tion WHEREAS, the cables of TCI by agreement are attached to the
TCI lines and poles of utilities licensed by the City of Jefferson City
90 day to utilize the right of way adjacent to the streets and alleys of
Extensio the City of Jefferson; and,
WHEREAS, the said utilities may not permit unlicensed persons
to utilize the lines and poles of the utilities; and,
WHEREAS, the parties to the case of TCI v. City of Jefferson
City, presently pending in the United States District Court for
the Western District of Missouri have agreed that the City of
Jefferson City will not award a license for cable television
service until the Court has ruled upon the City ' s pending Motion
to Dismiss ; and,
WHEREAS , the City of Jefferson is willing to permit TCI to
continue to operate its cable television service within the City
under proper license for a sufficient period of time to permit the
possible resolution of the issues pending in the aforementioned
case;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF JEFFERSON , MISSOURI , AS FOl LOWS
1. The cable television non-exclusive franchise which expires
April 21, 1981 , shall be extended for a period of ninety (90) days
from the date of acceptance of such extension in writing by TCI
filed with the City Clerk , such written acceptance of extension to
be filed on or before the 21st day of April , 1981 .
2. The extension of cable television non-exclusive franchise
in no way binds the City to any additional extensions and the City
specifically reserves the right to terminate the non-exclusive
franchise at the end of such extension or any additional extension
granted subsequent thereto.
ADOPTED and approved this 6th day of April , 1981.
ATTEST:/s/ City Clerk /s/ Vincent F. Borgmeyer , Acting Mayor Pro
Tem
City Attorney Graham stated we have indicated to the Court the
City is willing - has extended this offer - they do not have to
accept it , but we want to give them the opportunity to either accep
it or reject it .
Councilman Whitecotton made the motion that such Resolution be
adopted. Motion seconded by Councilman Gordon and passed.
Meeting adjourned.