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HomeMy Public PortalAbout19890403 OLD COUNCIL 1 REGULAR COUNCIL MEETING, APRIL 3, 1989 A Regular Council Meeting of April 3, 1989, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. ' Prayer was offered by Father John Fischer, Pastor, St. Peter's Church. The following Council Members were present: ' Present: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, and Woodman. Absent: Davis. A quorum was declared present. RESOLUTION R088-36: Mayor Gardner announced the Agenda would be taken out of order and that Resolution R588-36 would be considered at this time. Mayor Gardner read the Resolution honoring the Lincoln University Blue Tiger Battalion Rangers for their outstanding efforts in the regional Ranger z. Challenge competition. Councilman Feldman moved approval of RSOB-36, Councilman Gordon seconded the motion and it was approved. Mayor Gardner distributed copies of the Revolution to the Rangers present at the meeting and presented a Key to the City to Lt. Col . Linward Appiing on behalf of the Rangers. Lt.. Appiing then presented the Key to the City to Sergeant First Class Joseph Simms. MAYOR'S VETO MESSAGE ON BILL 80-179: Mayor Gardner rend her veto message on Bill 88-179: VETO MESSAGE TO: Members of City Council FROM: Louise Gardner, Mayor DATE: March 30, 1989 RE: Veto Message on 88-179 Salary Increase for Municipal Judge Under the authority vested in my office as Mayor under the Charter of the City of Jefferson, Missouri, I hereby exercise my veto power under Section 3. 11 (g) and veto Bill 88-179. As required by Charter, I am III delivering this message to the Council prior to the commencement of the meeting on April 3, 1989. The veto of this bill is based on several factors, each of which by W. � Y:w.:,'.'yi'v` 3 e,'..,: t 1"It ;:-.,,,-`; s .r :;..;-:1', ,,:‘",„g="-•;,-1 s. ::t. :i c, ;.,s>a:.. ��Sy: '`3�f''S „:4k- M1 c •;1: X,. _ ^;t. .�'"`r' :S :n ,^•u.a'i .1. .si .. ^s4a i'3:^ .'.. }t' �y�.` i�r{;:: . -::v: �'+ '1.x ;•r''+�.��,.+: �`.x. ,?.. 'i„'. �r,+. X •. t `a5 'l�. ��:: i�.t:: =�a: :wi:.'tE". i4 sr tEv:+'4...a..a^ • ;yC.a. .,r.:,x,e5'::.; .r,. .:c z:. ; .`, y - .x .M1U .-�, _€.,,i :A;.. ti.. ;�. '{'. ..,-fs�i_ c. ..'.,<::,irl. 'e: tl�s x�:: ,:i:� .++. :.s:t�`:: ,:^k �:,aa�.r '��ss�� ^K�4'S?�G"��:: ��hxs?,'3£»itit� .cis`£w:r^YMfW1dwS t ,N,..:: .. xt a...."wvc�z�Sat��..,�;a..,aiff,..:AY:, ...r^r+.;fh^S,.}:s:d.,ea'4S�w�u=.:t4...r,.cot,l �.�.,.,w.arn,i�.s...c�^'y).x't...5.sx:.z�+it�,'�ms�.t i:k.f-x.\ N:trr,.1;,?:3.a,.�'..�.��'.fi0: 2 i t: fit:: x REGULAR COUNCIL MEETING, APRIL 3 , 1989 ";,`;;r AC 'S fd: t ' Y t'"A itself would be grounds for consideration of a veto; taken }k�, collectively they overwhelmingly move me to reject this proposed J °=lt' legislations { , : xs Z' U Y,..y,Y-' F, :,! proposed legislation The first issue with this ro osed le islation which should be t. . �'.,: '' addressed is a matter of fairness between the Municipal Judge's office :r,F',x w and the City Prosecutor's office. These two positions are closely -' kg tied in terms of effort, hours, and a need for a licensed attorney to _r= ' fill the position. Historically, the salaries for the two positions t,;7,::" 4 have been identical. If the salary for one is inappropriate, it would be logical to conclude the salary for both are inappropriate. They rr tiN should be addressed at the same time. . fj The timing of this legislation is also an issue which should be , r` 4 addressed. Judge Nacy is currently unopposed for re-election on April E':`.`,' fN 4 , 1989. By waiting to introduce and pass this legislation after. the 1- filing deadline but before the general election, the legislation 4.5S1 amounts to specifying a raise. for a specific individual . if the 1) position warranted a raise, such legislation should have been proposed prior to the filing deadline for the office to afford other potential candidates the opportunity to consider the salary in their. decision -e; °'t'. p[ Y Y o ,-- to run or not to run. A;,:',4 r:y' ' i.1 To address every issue presented by Judge Nacy would require a very ,,t } } Lengthy message and would be largely redundant based on Information sn -41", ' :. "'p lt together by the Cit y Counselor's and previously l Y distributed ' : :.,p Lh to the City Council . The facts presented by the City Counselor's office refute most of the Issues raised by judge Nacy. Judge Nacy In his subsequent response attempts again to raise an Issue about the '' adequacy of facilities provided the judge and the judge' s need for r''':' certain legal support. It is not the duty of the City of Jefferson z to support Judge Nacy 's private practice nor, should any elected city official receive support for their private business. It is a qualification for this office that one be a practicing attorney. ':p'.'. Practicing attorney would indicate that a full range of tools necessary for the carrying on of the legal profession would already exist prior to the time the person chose to run for office. Should Judge Nacy or anyone else choose not to adequately provide for the items used in his everyday business, including such things as phones, that is the decision of that individual and does not somehow become an obligation of the City. The Judge indicates the need for such things in his office of law books, stationery, phone services, copying equipment and indicates it is not possible to use any of the same items provided through City Hall. This simply is not an accurate reflection of what is available for the judge. Two items in Judge Nacy's response deserve specific reply in this message. The judge indicates that he has been paying his own health insurance premiums. This is not correct. The health insurance .,-.,„z:ni...t:...n . ..;.. a...b_+...o-a.-....u,-4:i ...v . t..,,7„,?:;'F.. izer ;:.,,,:A:,ivA-:i«..x;a_u.,.-.... s... ._.: ;. - ,, _o.TC<'az' ,, _ ...,. ,.,, l»,d..*Vt s'3',:r":t: S dy 3 i REGULAR COUNCIL MEETING, APRIL 3, 1989 w. premium for the Judge himself is and has been paid by the City of ks Jefferson. The Judge has chosen to avail himself of an additional £= benefit available through the City by placing his family on the City's health insurance plan. He, as any other City employee, must pay for the additional premiums related to the additional individuals. *: The Judge 's out of court time needs to be addressed. The Judge has I' certain duties which he must fulfill which will occasionally involve him in activities outside of normal court hours. The activities that are appropriate for a judge are spelled out in the canons of judicial ethics and are very specific. Many of the items on the list provided by the Judge, which should be noted was two years old, are not items which a Judge must or in some cases even should engage in. The Judge's work is to be conducted in open court for the most part or '' through communications via court clerks and the burden for out of court time in our court system should rest much more heavily upon the City Prosecutor. i The final comment on the whole package as presented by Judge Nacy has to do with the fact that he must have private practice in order to make a living. At no time has it been contemplated by this City Council or any previous City Councils that this position wan to be a full.-t im(e position. Court is scheduled for Wednesday nights and two to three Friday mornings per month. This does not in any way approach a lull-Lime position and the salary should not reflect a full-time effort. f t should also be noted that Judge Nacy has on occasion cancelled court d<'aLes on (short notice at the inconvenience of parties to enable him to attend other courts. I f the City Council believes inadequacies exist in the way Court in currently being operated, rewarding the Municipal Judge seems to be a strange response. It has not been that far in the past when this Council found it necessary to pass a minimum fines ordinance in order to secure appropriate punishment for violators of our ordinances. This action was in direct response to inaction on the part of Judge Nacy. To turn around two years later and increase his salary, when no significant changes have been made in Court which were instigated by the Judge, does not make good sense. Changes in Court have been made in the last two years, several of which reduced the amount of time necessary for the Judge to spend performing his duties on behalf of the City which in effect have increased his remuneration on an hourly basis. The Judge's hourly remuneration, assuming he spends one hour out of court for every hour in court, would still place the Judge's salary at the average rate for retention of lawyers in Jefferson City. This is in spite of the fact that there is no directly attributable overhead to his practice of Municipal Judge which he would not have as a practicing attorney. Mayor Gardner then read the question, "Shall the ordinance take 4 REGULAR COUNCIL MEETING, APRIL 3, 1989 effect despite the disapproval of the Mayor?" and instructed the ;Council to vote "yes" if they wish to override the veto, and "no" if ;they wish to sustain the veto. The Mayor's veto of Bill 88-179 was sustained by the following roll ' ball vote: t;1 Aye: Feldman, Gordon, Halsey, Mason, Owens, and Voile. Nay: Haake, Scheulen and Woodman. MAYOR'S VETO MESSAGE ON BILL 88-154: Mayor Gardner read her veto message on Bill 88-154 : VETO MESSAGE !TO: Members of City Council OROM: Louise Gardner, Mayor DAM March 30, 1989 1E2 Veto Mon -sage -- 88-154 Establishing Prasidont'a Day an a City Holiday Under the authority vested in my office as Mayur under the Charter of the City of Jefferson, Missouri, I hereby exorcise my veto power under Section 3 . 11 (g) and veto Dill 88-154 . Aa required by Charter, I am delivering this message to the Council prior to the commencement of the meeting on April 3, 1989. This piece of legislation has had an interesting run through the legislative process. A bill which provided an additional holiday for pity employees was amended immediately before passage to a bill ,trading one holiday (Truman'a Birthday) for another holiday ;;(President's Day) after spending four weeks on the informal calendar. ;day the change at the last minute, the input of City employees was ipegated. What started out as an additional benefit to our City employees turned into a trade with which they do not necessarily agree. While it is often difficult to speak for a group, immediately pn learning of the passage of this legislation City employees contacted me and circulated petitions amongst themselves opposing this bill. pity employees rightly point out that a holiday currently occurring d in May is being traded for a holiday in February. As most of us <i ;would, they prefer warmer weather for holidays giving them greater 5 REGULAR COUNCIL MEETING, APRIL 3, 1989 flexibility in the activities in which they may choose to participate. In order to provide all City employees with some input on the subject, a survey was sent out offering them three options which reflect discussion on the Council floor. These options were to add an additional holiday, to trade Truman's Birthday for President' s Day or simply leave the current schedule of holidays intact. As could be anticipated, the additional holiday was the first choice, the second choice was to leave the holidays alone and the last option was trading. While the City Council is the policy-making body for the City of Jefferson, it should remember that part of policy-making decisions is to consider the effect on individuals and groups affected by the policies adopted. The policy the City was considering directly related to employees, yet their input was neither sought or utilized in arriving at a decision. The seasonal differences between Truman's Birthday and President's Day concerns me from a financial standpoint. It is very unlikely we will have occasion on Truman's Birthday to ever need to call out City employees to provide street work due to a snowstorm. This is not the case on a February date. The additional costs should be taken into consideration. While the motive of the Council in wanting to recognize President's Day is a fine one and one which may be applauded, whenever considerations are being) given for additional holidays which constitute an employee benefit a true financial picture should be prepared and a report used as a basis for maki ng this decision. Considering the timing of thin legislation and the delayed effective date until 1990, I would urge the Council to sustain the veto of this legislation and take the opportunity to seek input from City employees, to obtain detailed financial information and obtain a recommendation from the City Administrator and his staff on how best to proceed. Councilman Voile stated he felt the City could be likened to a ship with the Mayor being the Captain, the Council the officers and the employees the crew. Councilman Voile stated he felt the "Captain" was allowing the "crew" to make the decisions. Councilman Voile stated that policy was to be set by the "Captain" and the "Officers", not the "crew" . Councilman Voile stated the holiday was designed to honor special individuals, and the fringe benefit was a day off, but it was not the sole purpose for a holiday. Councilman Owens stated she had supported the original bill, but was not in favor of the amended version. Councilman Owens stated that by eliminating Truman' s Birthday and declaring President's Day, certain individuals are all meshed together with no emphasis on anyone individual . Councilman Owens stated she would vote to sustain the veto. 6 REGULAR COUNCIL MEETING, APRIL 3, 1989 ME ! "Shall Gardner then read the question, Shall the ordinance take !1 effect despite the disapproval of the Mayor?" and instructed the '1Council to vote "yes" if they wish to override the veto, and "no" if they wish to sustain the veto. The Mayor's veto of Bill 88-154 was sustained by the following roll call vote: Aye: Feldman, Gordon, Halsey, Mason and Veile. Nay: Haake, Owens, Scheulen and Woodman. PUBLIC HEARING: There was a Public Hearing to discuss voluntary annexation of property belonging to Scholastic, Inc. There was no one present to speak either for or against the annexation. The Public Hearing concluded at approximately 8: 02 p.m. PREBENTATIONB FROM GALLERY: Mr. Mike Fritz President of Capital SkyFair, Inc. , addressed the Council regarding the ai.rnhaw presently being planned for August 26 and 27 , 1989. Mr. Fritz informed the Council that Capital SkyFair, Inc. , in a non-profit organization designed to promote the Jefferson City Memorial airport. Mr. Tony Winkloman also addressed the Council concerning the proposed air show. Mr. Winkleman informed the Council of some of the events planned for this airshow and requested the Council endorse this event and their efforts to make this an annual event. After further discussion, Councilman Feldman moved approval of Resolution RS88--35. Councilman Scheulen seconded the motion and it was approved. Councilman Owens questioned the City's liability for any accidents that might occur at the airshow. Mr. Fritz informed the Council that Capital SkyFair, Inc. , was fully insured. ; CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of 03/20/89 b) Rejection of following bids: Bid No. 1078 - Computerized Digital Dictation System (Police) c) Appointments to Boards and Commissions: it 7 REGULAR COUNCIL MEETING, APRIL 3, 1989 =ill Juvenile & Family Affairs Advisory Commission - Thomas J. Brown, III (Replaces Dick Naumann who resigned) Term to expire • 9/90. Animal Rescue Advisory Commission - Dr. Greg Popp; John Dewar and Denise Sone (Reappointments) Councilman Scheulen informed the Council the Appointments Review Committee had met and recommended approval of the proposed appointments. Councilman Haake moved approval of the Consent Agenda. Councilman Gordon seconded the motion and it wan approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes had been received and were on file in the office of the City Clerk: Parks and Recreation Commission 2/21/89 ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced copies of the Chamber of Commerce Audit and the Chamber of Commerce Board Minutes were on file in her office if anyone wished to coo them. BILLS INTRODUCED: Councilman Feldman requested Bill 88--196 be read at this time as there were a number of individuals in the audience who were present to show support of this bill. Councilman Feldman requested those present stand and be recognized. There was no objection to this bill being read at this time. Bill 88-196, sponsored by Councilmen Halsey, Feldman, Gordon, Mason, Owens, Veile and Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET OF THE CITY OF JEFFERSON BY APPROPRIATING FUNDS FROM THE GENERAL FUND TO THE PURCHASE/IMPROVEMENTS LAND/BUILDING FUND. Bill 88-196 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-188, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND , .3i`s F.-f.4. w-c..as ....u..... ........... ._ .. ......-.>. ... ...,... ......_... .. .... .._z ..r..,..- ........ ., ..�. ,...�- ..t......:..., ti: ,._ •. ` ., ,.. ... ._..... .�'...,.... :... 8 REGULAR COUNCIL MEETING, APRIL 3, 1989 ----... .. - --._', - _ - -. -.- .-. _=_: . _ _te _ _ 'DISCONTINUING A PORTION OF THE ASHLEY STREET RIGHT OF WAY AND THE iWALNUT STREET RIGHT OF WAY. Bill 88-188 was read first and second time by title and ordered t distributed to members of the Council. # # # `$ Bill 88-189, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING MINIMUM REGULATIONS GOVERNING THE DESIGN, CONSTRUCTION, ALTERATION, ENLARGEMENT, REPAIR, DEMOLITION, REMOVAL, MAINTENANCE AND USE OF ALL ._` BUILDINGS AND STRUCTURES; PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES, MAKING OF INSPECTIONS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; TO BE KNOWN AS THE BUILDING CODE; REPEALING ORDINANCE 10397; REPEALING SECTIONS 7-6, 7-18, 7-38, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI AND ENACTING TWO NEW SECTIONS IN LIEU THEREOF. Bill. 80--189 was read first and second time by title and ordered distributed to members of the Council . Bill 80-190, sponsored by Councilman .;eheu1on, entitled: AN ORDINANCE OF THE CITY OF :JEFFERSON, MISSOURI , PRESCRIBING A NATIONAL PLUMBING CODE, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF, CREATING THE OFFICE OF PLUMBING INSPECTOR, PROVIDING FOR THE APPOINTMENT, TERM OF OFFICE, QUALIFICATIONS, BOND, POWERS, AND DUTIES THEREOF, THE ISSUANCE OF LICENSES TO PLUMBERS, EXAMINATIONS THEREOF, CREATING A PLUMBING BOARD OF REVIEW, REGULATING ALL, PLUMBING WORK AND THE INSPECTION AND MAINTENANCE IN BUILDINGS OF ALL PLUMBING SYSTEMS, PROVIDING FEES TO BE CHARGED, PROVIDING A PENALTY FOR VIOLATIONS, PROVIDING AN APPEALS PROCESS, REPEALING ORDINANCE NO. 10398, RIPEALING SECTION 7-5 OF THE CITY CODE AND ENACTING A NEW SECTION IN LIEU THEREOF. Bill 88-190 was read first and second time by title and ordered distributed to members of the Council . # # # ;Bill 88-191, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE ;MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL ;PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR 'SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND 'FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY; ESTABLISHING POWERS AND DUTIES 9 REGULAR COUNCIL MEETING, APRIL 3, 1989 OF THE CODE OFFICIAL AND HIS DESIGNATED HOUSING INSPECTOR(S) AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Bill 88-191 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-192, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FOR USE IN CONJUNCTION WITH THE SEVEN HILLS ROAD PROJECT INCLUDING THE USE OF THE POWER OF EMINENT DOMAIN. WHEREAS, THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, HAS ADOPTED A PLAN FOR THE ACQUISITION OF CERTAIN PROPERTIES HEREINAFTER LEGALLY DESCRIBED, FOR STREET AND UTILITY PURPOSES, AND FOR THE PAYMENT OF THE SAME. Bill 88-192 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-193, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF FOXBORO SUBDIVISION, SECTION 5, A SUBDIVISION OF THE CITY OF JEFFERSON. Dill 80.193 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88--194 , sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 11120 ADOPTING THE BUDGET FOR FISCAL YEAR 1988-89 BY INCREASING REVENUES, EXPENSES AND AUTHORIZED PERSONNEL IN THE PUBLIC WORKS DEPARTMENT, WASTEWATER DIVISION. Bill 88-194 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 88-195, sponsored by Councilman Owens, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VON HOFFMAN PRESS, INC. , . RICHARD S. GRONER, JOANN C. GRONER, BERNARD J. GRONER, DONNA J. GRONER AND JOHN W. GRONER FOR A BOUNDARY LINE ADJUSTMENT. Bill 88-195 was read first and second time by title and ordered 10 REGULAR COUNCIL MEETING, APRIL 3, 1989 MM distributed to members of the Council. # # # ; Councilman Scheulen requested City Counselor Allen Garner write a detailed report indicating any and all changes made in the proposed codes to be adopted and the prior codes. HILL; PENDING: Bill 88-182, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR THE ADMINISTRATION OF A LODGINGS TAX FUND. Bill 88-182 was road third time by title, placed on final passage. Councilman Halsey moved to amend the contract to read as follows: . . . Following approval by the City, adjustments within the total amount approved may be made of a minor nature with the approval of the Advisory Board appointed by the Chamber, provided that if adjustments in major categories, i.e. , Administration, Operations and Programs, exceeds ten percent (10%) it shall not be made prior to receiving the approval of the City Administrator who shall inform the Mayor and city Council of the change in the budget. Councilman Haake seconded the motion and it was approved. Bill 88-182 and passed as amended by the following vote as Ordinance No. 11199, Aye: Feldman, Gordon, Haake, Halsey, Mason, Scheulen, Veile and Woodman. Nay: None. pp �{ it{ R # # „Bill 88-183, sponsored by Councilmen Woodman and Haake, entitled: ''AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 1,TRANSPORTATION OF'THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE (ADDITION OF AN ARTICLE PERMITTING COMMERCIAL ADVERTISING ON BUSES UNDER CERTAIN CIRCUMSTANCES. Bill 88-183 was read third time by title. Councilman Veile informed the Council he had some serious concerns about some of the provisions of the bill and the restrictions placed on advertisers. Councilman Veile voiced his objections to many of the subsections under the Jules, section of this bill, and stated he felt Council should carefully look F'; at this bill. ii 11 REGULAR COUNCIL MEETING, APRIL 3, 1989 Councilman Owens stated her objection to subsection (k) which prohibits the advertisement of tobacco products, alcohol products or sexual activity. Councilman Owens state these three items should not be linked together and that "sexual activity" was too vague a phrase. Councilman Woodman requested this bill be placed on the Informal Calendar to give the Council time to voice their concerns. Councilman Haake agreed to the placing this bill on the Informal Calendar but requested the Council continue to discuss their concerns so that staff had some guidelines for proceeding. Councilman Halsey stated his concurrence with some of the concerns expressed by Councilman Veile and questioned City Counselor Allen Garner whether or not staff had obtain information from other cities the size of Jefferson City. Mr. Garner stated staff had requested information from cities who allow advertising on buses, regardless of the size of the City, as many cities still do not allow such advertising. Mr. Garner informed the Council that this was deliberately drafted to be restrictive. Mr. Garner stated that once this area has been declared to be public forum, then restrictions cannot be imposed. Mr. Garner stated the time to establish the rules and regulations is before it is placed into effect. These rules can be made more lenient, but very seldom is a city successful in making them stricter. # # # Bill 88-184 , sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERMUNICIPAL AGREEMENT WITH THE CITY OF ST. MARTINS FOR THE PROVISION OF SEWER SERVICES. Bill 88-184 was read third time by title and placed on final passage. Councilman Halsey requested this bill be placed on the Informal Calendar. INFORMAL CALENDAR: Bill 88-174, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENERGY MASTERS CORPORATION FOR COMPREHENSIVE ENERGY MANAGEMENT SERVICES. Councilman Halsey requested this bill remain on the Informal Calendar. # # # Bill 88-175, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PHILLIPS PIPELINE COMPANY 12 REGULAR COUNCIL MEETING, APRIL 3, 1989 _.._ _. •w OR WORK IN CONNECTION WITH THE RELOCATION AND REIMBURSEMENT CONNECTED HEREWITH OF THE PIPELINE IN CONJUNCTION WITH THE SEVEN HILLS ROAD ROJECT. ,' ouncilman Halsey requested this bill remain on the Informal Calendar. ' # # # Bill 88-176, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PUBLIC WATER SUPPLY DISTRICT NUMBER 2, FOR THE COST SHARING OF RELOCATION EXPENSES ASSOCIATED WITH THE CONSTRUCTION OF SEVEN HILLS ROAD. Councilman Halsey requested this bill remain on the Informal Calendar. BBOLUTIONB Councilman Gordon moved approval of RS88-34 authorizing the Director 'Of Transportation to request technical assistance from the U.S. Army Corps of Engineers for flood control in Cedar City and the airport rea. Councilman Feldman seconded the motion and it was approved. Councilman Feldman moved approval of RS88-37 approving Cedar City executing an Urban Agreement with the State of Missouri in conjunction with the now Missouri River Bridge. Councilman Gordon seconded the motion and it was approved. Councilman Schoulon moved to require all resolutions to have a sponsor and a brief history outlining the purpose of the resolution. Councilman Mason seconded the motion and it was approved. UNFINIUHED BUBINE88t City Counselor Allen Garner reviewed for the council his memorandum regarding the status on the intervention and the reports from Water District No. 1 and No. 2 . Mr. Garner stated he had just received the '.sport from Capital City Water Company and had not had opportunity to l eview it as of yet. Mr. Garner informed the Council he would be ;copying most of the report for their review. Mr. Garner informed the Council he had not yet received the requested report from Water Oistrict No. 2 . , ity Counselor Allen Garner the report and recommendations prepared y staff on Marshall Street. Councilman Haake stated he felt the uggestions from staff were a step forward and he moved for Council to direct staff to proceed with the implementation of phase 1. S' ouncilman Veile seconded the motion. , r. Homer Cavett of 320 E. Dunklin addressed the Council expressing `! 1 is .; . tip .} ...r� .5 . tit 13 REGULAR COUNCIL MEETING, APRIL 3 , 1989 his concern over the lack of involvement he and other individuals with interest in this area had been allowed. After some discussion, Mr. Cavett stated he had not seen the report and would like to review it before Council took any action. Councilman Haake withdrew his motion and Councilman Veile withdrew his second. Mayor Gardner instructed Mr. Cavett and those present with him to review the recommendations of staff and come back into the meeting with their comments. # # # Councilman Scheulen expressed his displeasure at the number of discussions and conversations that were taking place outside Council Chambers which involved decisions to be made by the Council . Councilman Scheulen stated there were certain items that gave the impression the deals were cut and dried before the issue ever reached the Council floor. Councilman Scheulen stated that in the past when there were pressing issues to be discussed, a special meeting was called or a work session was scheduled. Councilman Scheulen stated that felt it was the responsibility to see that all business that was conducted was done openly and in a forthright manner. Councilman Ilaake stated he agreed with the statements Councilman Scheulen made. Councilman Ilaake stated he had been upset the see an article in the paper which gave the impression he was against an issue of which he had not been made aware. Councilman Haake stated the Council Chambers wan the place whore items needed to be discussed in open forum with everyone involved. After further discussion, Councilman ;,choulen stated ho wan not opposed to a particular issue, but was opposed to the process being used by other Councilmen. Councilman Scheulen stated he resented not being a part of the process by which certain decisions were made. # # # Mayor Gardner asked Mr. Cavett if he was ready to discuss the proposed plans for Marshall Street. Mr. Cavett stated he accepted the street lights, would like to see more trash cans and restrooms in the park, but was not in favor of a fence being constructed around the area or the hours of the park being changed. Councilman Voile moved that phase 1 be adopted and staff be instructed to look into the feasibility of additional trash cans and restrooms in the park. Councilman Haake seconded the motion. After further discussion on the reason for constructing the fence and the hours of the park, Councilman Mason called for the question. Councilman Halsey seconded the call and it was approved with Councilman Feldman casting the only dissenting vote. The original motion was unanimously approved. 14 REGULAR COUNCIL MEETING, APRIL 3, 1989 # # # k' W BUSINESS: om Benton, Director of Planning & Code Enforcement, announced that channel 15 would be carrying the coverage of the election results for the Council and the School Board. Councilman Feldman informed the Council that the Cable Quality Commission did not have an operating budget of its own. Councilman Feldman stated there was a very important conference in St. Louis on Cable television and the Commission would like to send Mr. Bob Weber and Mr. Morris Trout. Councilman Feldman moved the Council approve he attendance of Mr. Weber and Mr. Trout at the conference with :expenses not to exceed $550.00. Councilman Halsey seconded the motion and it was approved. li City Administrator Dave Johnston questioned whether or not April 10, 1989, was an acceptable date for a work session. After some 'discussion, the work session was rescheduled for 7.30 p.m. on April '25, 1989. EXECUTIVE SESSION MINUTES: councilman Gordon moved approval of the Executive Session Minutes of March 20, 1989. Councilman Voile seconded the motion and it was approved. Mere being no further business to coma before the Council, Councilman 'Make moved to adjourn. Councilman Mason seconded the motion and it '$ias approved. Meeting adjourned at approximately 9: 15 p.m. 111 • tI Ij i7 '1f ii