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HomeMy Public PortalAbout19880321 '285 REGULAR COUNCIL MEETING, MARCH 21, 1988 A Regular Council Meeting was called to order at 7:30 P.M. with N° Mayor Louise Gardner presiding. . Prayer was offered by Councilman Voile. The following Council Members were present: Present: Barnicle, Borgmeyer, Davis, Gordon, Halsey, Mason, Scheulen, Voile, and Woodman. Absent: Haake*. A quorum was declared present. x. *Councilman Haake arrived at the meeting at 7:50 p.m. PRESENTATIONS FROM GALLERY: Councilman Barnicle introduced Dorothy Bolden and Debbie Green. from the Constitution Bicentennial Committee who presented th= Mayor and Council with a scrapbook of the celebration festivitie: that occurred in September. Councilman Barnicle announced the 4; entire committee will be present at the next Council meeting foe the Council to publicly recognize. Mayor Gardner thanked the committee for the scrapbook and state• it would be on display in the case in the foyer of City Hall. CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of 03/7/88 b) Financial Statement for January and February, 1988 =' ca) Approval of the following bids: 1 . Bid No. 1001 Tandem Dump Truck ( Public Works) Councilman Gordon moved and Councilman Mason seconded approval o q the Consent Agenda. Councilman Borgmoyor requested clarificatio on the purchase of the dump truck. City Administrator Dav:1 Johnston stated this was being on a lease/purchase arrangement,' part of the purchase would be made from this year's budget an part from next. Councilman Barnicle requested the minutes be amended to reflect, the results of the roll call vote that was taken on item (d under unfinished business. This would then read as follows: d) Councilman Harnicle moved that the tapes of City Council meetings be available to the members of the Council or the public upon request and that a reasonable fee be charged, if necessary, for a transcript and that the tapes be available until the minutes are approved. Councilman Gordon seconded the motion and it was approved by the following roll call vote: Aye: Harnicle, Gordon, Halsey, Mason, Veils. Nay: Horgmeyer, Haake, Woodman. The Mayor expressed disapproval of the action taken by the City Council. Councilman Halsey requested the minutes be further amended by the I 4 i a 286 REGULAR COUNCIL MEETING, MARCH 21, 1988 • addition of the names of the Councilmen who seconded motio . City Counselor Allen Garner informed the Council that there h d been some problems with the transcription of the minutes as t e tape had become entangled in the transcription machine and h d been destroyed. Mr. Garner further stated there would be o problem with these corrections. There being no further comments, the Consent Agenda was approve . MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes and reports hied been received and were on file in the office of the City Clerk: Transportation Commission, February 23 Animal Rescue Advisory Commission, March 9 Clean City Committee, March 9 Traffic Safety Commission, March 10 Departmental Monthly Reports Report on Proposed Lodging Tax Legal Opinion on Appointing Authority Mayor Gardner asked City Administrator Dave Johnston to rev w his report on the proposed lodging tax. Mr. Johnston stated t s report had been included in the Council packets, briefly revie d it and asked the Council if they had any questions. There w e no questions from the Council. Mayor Gardner asked City Counselor Allen Garner to review is report on the appointing authority of the Mayor and Council. r. Garner stated the Charter provides for the Mayor to have e authority to appoint individuals to various committees. r. Garner stated the proposed lodging tax bill would need to be amended to conform to the Charter. There wore no questions f om the Council . ANNOUNCEMENTS 4Y MAYOR: Mayor Gardner reminded the Council they had been invited t. a dinner meeting by the Parks and Recreation Commission .n Thursday, March 24 at 6:30 p.m. in McClung Park. The Ma or encouraged the Council to attend if at all possible. The Mayor informed the Council that helmets from previous w rs had been placed in the display case in the foyer and that {rt work had been hung in the lower hall and encouraged he Councilmen to enjoy this display. Mayor Gardner announced her intent to appoint a committee to study the feasibility of a lodging tax and its advantages for ,he City, The Mayor stated this committee would consist of members from the City Council, members from the Chamber of Commerce any a member from the hotel/motel business. Mayor Gardner stated 'he wished to appoint Councilman Davis, Councilman Woodmen, Councilman Haake and Councilman Borgmeyer as the Council representatives to the Committee. Councilman Gordon asked if this committee would be duplicat ng the efforts of the task force established by the Chamber lof Commerce. Mayor Gardner stated the task force was no loner meeting to discuss this issue. Councilman Halsey asked if the task force had been disband d. Mr. Carl Vogel from the Chamber of Commerce was present at 'he meeting and stated the task force had not been disbanded, but as I, 1 f317 ,,,,,.__________.__..._.__._._ ______... -..__.._....._........ _ _ . . ,• VAR-COUNelb-MBf I3 G -MARCH 21, l' : : inactive awaiting a Chamber Board decision on diabandin! , reorganizing or continuing. Councilmen Davis asked if there was a timetable for the rep•, t from the Mayor's proposed feasibility committee. Mayor Gardner stated she would rather they take two months and •o a good job than to be given a deadline of thirty days and •t have a thorough report. The Mayor stated it was her intent o chair this committee and after they had met and reviewed • e material, they would have a better idea of when a report to • e Council would be feasible. Councilman Barnicle questioned why Councilman Gordon had not b:-=n included in this committee as he is the sponsor of the bill -Oat was possibly being considered for passage at the meeting and lad spent so much time working on this issue. Mayor Gardner stated Councilman Gordon had been appointed Chairman for a public works subcommittee long range plannl g committee and she did not wish to overburden any one Councilm={n. Councilman Barnicle asked the Mayor if she had asked Council :an Gordon if he felt overburdened. Councilman Gordon stated he dad lots of time. The Mayor stated the committee had been appointed. The Mayor asked City Finance Director Bob Cox to distribute »he City Audit. Councilman Barnicle questioned whether or not the Council needed to approve the committee. Councilman Hal:1ey stated that as he was standing he had the floor. The Mayor stated she had already asked Mr. Cox to distribute the audit fnd would recognize Councilman Halsey later. Councilman Hal ='ey questions the Mayor recognizing a staff member before a Councilman. Mr. Cox distributed the City Audit and stated the auditors wo id be at the next Council meeting to review the audit and answer = ny questions the Council might have. Councilman Halsey asked why the audit had not been included in the packets and Mr. Cox stated that not all of the nec©se ry documents had been received from the auditor before the pack;its had been distributed. Councilman Barnicle asked for a point of order as to he privilege of the Council to vote to approve the Council momb;lra the Mayor had appointed to the feasibility committee. City Counselor Allen Garner stated the Council did have right to vote to approve the appointments to this committee. Councilman Halsey requested this be done by a roll call vote. *Councilman Haake entered the meeting at this time (7:50 p. i . ) and asked who was on the committee. Mayor Gardner restated 4,er intent to appoint a committee to study the feasibility of :he lodging tax and what it would mean for Jefferson City. he stated her intent to appoint Councilman Davis, Council an Borgmeyer, Councilman Haake and Councilman Woodman Jas representatives of the Council to work with members of •he Chamber of Commerce and an individual from the hotel/mo !el business on this committee. Councilman Scheulen questioned the need for Council to approve the committee as not all of the individuals had been named to the committee. Mayor Gardner stated the Council was approving ler Council appointments to this committee. Councilman Scheulen stated his intent to vote against the Council members the Mayor recommended and would like to se© at a minimum Councilman Gordon 2 • • REGULAR COUNCIL MEETING, MARCH 21, 1988 serve on this committee as he has been very active in the stud of this issue. The Mayor stated that Councilman Gordon had been appointed a: Chairman of a long range planning subcommittee and it wa: necessary to utilize the expertise of all of the Council members, and not play political games. Councilman Scheulen stated tha • three to one in the Mayor's favor was the playing of games on he . part. Councilman Scheulen stated he felt that it was rationa for Councilman Gordon to serve on this committee regardless o . his political affiliation and would not vote to approve thi: committee unless he was appointed. At this time the Mayor calla• for the vote to be taken. The appointments were defeated by the following roll call vote: Aye: Borgmeyer, Davis, Haake, Woodman. Nay: Barnicle, Gordon, Halsey, Mason, Scheulen, and Veile. The Mayor stated she would not be appointing the committee t• conduct the feasibility study. BILLS INTRODUCED: Bill 87-201, sponsored by Councilman Mason and Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THs MAYOR AND CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION AS IT PERTAINS Ts EASTLAND DRIVE/HIGHWAY 50-63 INTERCHANGE. Bill 87-201 wan road first and second time by title and ordere+ distributed to members of the Council. # # # Hill 87-202, eponuorod by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TH={ MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRIC ► NO. 2 FOR BILLING AND COLLECTING SEWER USER'S FEES. Sill 87-202 was reed first and second time by title and ordere. distributed to members of the Council. # # # Bill 87-203, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THt; MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN AGREEMENT WIT G. W. SERVICE CORPORATION (D/©/A CAPITAL CITY WATER COMPANY REGARDING BILLING AND COLLECTING SEWER USER'S FEES. Bill 87-203 was read first and second time by title and ordere• distributed to members of the Council. # # # Bill 87-204, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AN' APPROVING THE PLAT OF CHULA VISTA HILLS SUBDIVISION - SECTION 2 A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 87-204 was read first and second time by title and ordere• distributed to members of the Council. # # # E3 REGULAR COUNCIL MEETING, MARCH 21, 1988 Bill 87-205, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AMENDMENT NO. 1 TO THE FAA GRANT AGREEMENT FOR AIR PROJECT 3-29-0036-01. Bill 87-205 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 87-206, sponsored by Councilman Mason and Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A LEASE-PURCHASE AGREEMENT WITH IBM, INC. FOR A SYSTEM 36 MINI COMPUTER AND ACCESSORIES. Councilman Mason requested his name be removed as sponsor of this bill. Bill 87-206 was road first and second time by title and ordered distributed to members of the Council. # # # BILLS PENDING: Bill 87-191 , sponsored by Councilman Davis and Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF TH CITY OF JEFFERSON, BY REZONING A TRACT OF LAND AT 2203 EAS McCARTY STREET FROM C-4 (PLANNED COMMERCIAL ) TO M-1 (LIGH INDUSTRIAL) . Councilman Scheulen read a prepared statement that was addresse ' to the all of the citizen° of Jefferson City expressing his concern for the welfare of the City if this rezoning request was• }. passed. This statement will be kept on file in the office of th City Clerk. Councilman Barnicle read from a latter from State Represontativ= Morrill Townley expressing his concern at the proposed rezoning. Councilman Barnicle urged the Council to vote their conscience o this bill . Councilman Borgmeyer called the question and the Mayor instruct°. the Clerk to call the roll . Bill 87-191 was read third time b title, placed on final passage, and passed by the following vot as Ordinance No. 10999. Aye: Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Voile, and Woodman. Nay: Barnicle and Scheulen. # # # Bill 87-192, sponsored by Councilman Gordon, entitled: AN ORDINANCE OP THE CITY OF JEFFERSON, MISSOURI, REPEALINe ORDINANCE 10787 PERTAINING TO THE RULES AND REGULATIONS FOR THy POLICE PERSONNEL BOARD AND ENACTING NEW ORDINANCE IN LIE THEREOF. Bill 87-192 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11000. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. t 290 # # # At approximately 8:10 p.m. the Mayor declared a five minut: recess. The Council reconvened at 8:15 p.m. Bill 87-193, sponsored by Councilman Mason, entitled: AN ORDINANCE RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWE' PURPOSES IN SCHOTTHILL WOODS SUBDIVISION, SECTION 2, IN JEFFERSO CITY, MISSOURI. Councilman Mason requested this bill be placed on the Informa Calendar. # # # Bill 87-194, sponsored by Councilman Mason, entitled: AN ORDINANCE RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWE* PURPOSES IN LANDWEHR HILLS SUBDIVISION IN JEFFERSON CITY, MISSOURI. Bill 87-194 was read third time by title, placed on fins passage, and passed by the following vote as Ordinance No. 11001. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Veils, and Woodman. Nay: None. # # # Bill 87-195, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING . CERTAIN EASEMENT FOR UTILITY PURPOSES OVER LAND LOCATED I WESTWOODRIDGE SUBDIVISION, SECTION 7, IN JEFFERSON CITY, MISSOURI. Bill 87-195 was road third time by title, placed on fine passage, and paused by tho following vote an Ordinance No. 11002 Aye: Hernial°, Borgmeyer, Davis, Gordon, Henke, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-196, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING Atilt DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF A RESERVED TRAC + IN WALINKO PLACE SUBDIVISION IN THE CITY OF JEFFERSON, MISSOURI. Bill 87-196 was read third time by title, placed on fine passage, and passed by the following vote as Ordinance No. 11003. Aye: Barniole, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-197, sponsored by Councilman Davis and Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, LEVYING • ASSESSING A SPECIAL TAX BILL AGAINST THE LOTS OR TRACTS OF L .11 FRONTING AND ABUTTING TANNER BRIDGE ROAD IN THE CITY 0 ' JEFFERSON, MISSOURI, FOR THE IMPROVEMENT OF SAID ROADWAY. Bill 87-197 was read third time by title, placed on fine passage, and passed by the following vote as Ordinance No. 11004. 291. REGULAR COUNCIL MEETING, MARCH 21, 1988 Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-198, sponsored by Councilman Barnicle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING A 1.2 ACRE TRACT OF LAND WHICH IS PART OF OUTLOT NOS. 74 AND 75, TOWNSHIP 44 NORTH, RANGE 11 WEST, FROM RS-3 TO PUD. Bill 87-198 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11005. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-199, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT SUPPLEMENT AMENDING CONTRACT NO. DTFA09-85-L-10177 DATED APRIL 9, 1985, FOR THE MASTER SITE LEASE BETWEEN THE CITY OF JEFFERSON, MISSOURI, AND THE U. S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION. Bill 87-199 was road third time by title, placed on final passage, and passed by the following vote an Ordinance No. 11006. Aye: Barnicle, Borgmeyer, Davin, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Nay: None. it # # Bill 07-200, sponsored by Councilman Gordon, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING ARTICLE IV OF CHAPTER 16 AND ENACTING A NE ARTICLE IV WHICH LEVIES A LICENSE TAX ON CERTAIN GROSS RECEIPT OF HOTELS, MOTELS AND SIMILAR PLACES OF BUSINESS TO BE USED P. PROMOTE CONVENTIONS AND TOURISM; ESTABLISHING A CONVENTION AND TOURISM FUND; PROVIDING FOR THE COLLECTION OF THE LICENSE TAX; ADDING A NEW DIVISION TO CHAPTER TWO ESTABLISHING A CONVENTIO AND VISITORS COMMISSION; AND PROVIDING FOR THE KEEPING OF REGISTER AND THE NUMBERING OF ROOMS. Councilman Gordon requested this bill be placed on the Informal Calendar so the Council might have time to review and study thi: issue and resolve all of the areas of concern. Councilman Haake stated his intent to request staff to researc the feasibility of a department of the City overseeing thi: lodging tax and also economic development. Mayor Gardner stated she would like to refer to an editorial tha • appeared in the News Tribune dated March 4, 1988, entitled, Who' - He Kidding?, after the Mayor had read a portion of this article, Councilman Gordon asked what the article was referring to. Councilman Mason asked what this article was applying to. Mayo Gardner began to read the entire article for the Council a . Councilman Mason's request. Councilman Mason stated he ha• already read the article but was confused as to what relevance i • had to the lodging tax. 292 REGULAR COUNCIL MEETING, MARCH 21, 1988 Councilman Barniole stated he had some concerns regarding th lodging tax and would like to have it brought up for discussio at the next Council meeting so that it could be discussed in ope forum. INFORMAL CALENDAR: Councilman Barniole requested Bill 87-187 regarding the rezonin request for Midwest Block be removed from the Informal Calenda and considered for approval at this time. Councilman Borgmeye question the legality of this as the Council had already approve a bill that approved the rezoning. City Counselor Allen Garne stated that while this was irregular, there was no law agains ' having two ordinances exactly the same on the books. Bill 87-18 was read third time by title, placed on final passage, and passe, by the following vote as Ordinance No. 11007. Aye: Borgmeyor, Davis, Gordon, Haake, Halsey, Mason, Veile, and Woodman. Nay: Barnicle and Scheulen. UNFINISHED/NEW BUSINESS: Councilman Mason stated that there had been some insinuation a., the meeting that the long range planning committee that is subcommittee of the public works and planning committee wa=! formed along the lines of playing political games and as th= Chairman of the Public Work and Planning Committee, he too : offense to this. Councilman Mason further stated the subl committee was formed with the intent of developing the goals an' direction the City is going to take and to work with the Mayo 1 and her policiea. Councilman Mason concluded his remarks b stating these two entities should work together, not apart. 11 Councilman Scheulen asked the Council no to what their foelin ; was concerning the enforcement of the parking in Handioappe Parking by the Police Department. Councilman Scheulen stated h felt it was necessary for the Council to give the Polio Department some direction ae to how they wish thin to be enforce and where they wish it to be enforced. Police Chief Gary Kempke stated that the Police Department is caught in a bit of a dil©mm in that some of the owners of private businesses what th handicapped parking enforced and others do not. Chief Kempke • went on to state that he did not feel the Department ha• sufficient manpower at this time to patrol all of the privat=� lots. Councilman Scheulen stated he thought the City might wish t• place an ad in the paper notifying the citizens of Jefferson City that the Council takes this ordinance very seriously and th. Police Department will begin writing tickets for this violation Mayor Gardner reminded the Council they had been invited to breakfast by the Chamber of Commerce on Friday, March 25 at 7:31` a.m. Councilman Scheulen requested there be more advertisement on the city-wide spring clean up this year. He stated that last year h=� had been contacted by several individuals on the east end who di. not know the days for the trash pickup until after it was over. APPROVAL OF EXECUTIVE SESSION MINUTES: III g98 REGULAR COUNCIL MEETING MARCH ' J. ouna m . . .r • 1 r . . * • 4 . • • 1 • n .. . - - ,..._,, + of March 7, 1988. Councilman Davie seconded and it was approved. There being no further business, Councilman Scheulen moved the meeting be adjourned. Councilman Halsey seconded and it was approved. The meeting was adjourned at approximately 9:15 p.m. ;Ya i IAA