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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.