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HomeMy Public PortalAbout19870316 101.'" REGULAR COUNCIL MEETING, MARCH 16, 1987 A Regular Council Meeting was called to order at 7:00 P.M. with Mayor George Hartsfield presiding. The following Council Members were present: Present: Barnicle, Borgmeyer, Davis, Haake, Halsey, Nelson, Scheulen, Veile, and Woodman. Absent: Gordon A quorum was declared present. Motion was made by Councilman Nelson and go into Executive Session and seconded by Councilman Veile. Motion was approved. Recess The open session of the Regular Council Meeting was called to order at 7:45 P.M. by Mayor Hartsfield. Prayer was offered by Councilman Halsey. The following Council Members were present: Present: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile, and Woodman. Absent: None. A quorum was declared present. PRESENTATIONS FROM GALLERY: Opposition to Liquor Control Board Decision on Mel's Hideaway. Mr. Nelson Perry spoke to the Council on behalf of his aunt, Mrs. Crane. Mrs. Crane originally donated the land in question to the City and is the closest resident to the establishment. Mr. Perry stated that this type use of the land was not Mrs. Crane's intent when she donated the land and she feels the location of this typo establishment decreases the value of her property. Mr. Morris Trout, Plant Manager of Maytag, told the Council that Maytag prefers this typo business not be in the same area as their plant. Mrs. Linda Koch, spokesperson for citizens of Schollridge, gave the Council a brief review of the actions they had taken against the liquor license to this point, including appearing before the Liquor Control Board and presentation of a petition to the Board. At her request, citizens in the gallery stood who were opposed to the operation of Mel' s Hideway in its present location. Ms. Loraine Rowland pointed out to the Council that the residents of Schellridge were originally told the establishment would be a restaurant, not a bar. Attorney Michael P. Riley, representing the owner of Mel's Hideway, pointed out to the Council that there was only one property owner within the specified 600 feet of the establishment who was entitled to protest the liquor license. He noted that the appeal could only be against the unlawful issue of the liquor license since the land was properly zoned. Councilman Veile stated that City ordinance does allow Council action in this type matter and stressed that the quality of life for the residents should be a consideration. He made a motion that the decision of the Liquor Control Board issuing a liquor license to Mel Eaton be held by the City Council to be improvidently granted and not in compliance with Chapter 4 of the 102 REGULAR COUNCIL MEETING, MARCH 16, 1987 '-t Code of the City of Jefferson, Missouri. Motion was seconded b 1 Councilman Gordon. Councilman Halsey pointed out that the City's professional staf ; k t had reviewed and approved the issuance of the license based o•; ordinance requirements. He offered a suggestion to the resident.; of Scheliridge that they pool their funds and purchase thI property from Mr. Eaton. He stated that unless that were th:. case, the residents had no right to attempt to override professional decisions made by City officials. Councilman Gordon explained that he felt the establishment was no : '' right for the area and that it was the Council's prerogative ti vote against the issuance of the liquor license. He urged th: Council to do so. Councilman Nelson asked Tom Benton if the establishment met al standards and requirements for licensing. Mr. Benton replied tha it had with the expection of the parking lot, which the owner ha : agreed to surface within six months. City Counselor Allen Garne ; . stated that he had reviewed all documents and that they had beet scrutinized very carefully because of anticipated controversy over the location. 1 Councilman Scheulen asked City Counselor Garner to brief the _` Council on their discretionary powers under ordinance. Mr. Garne ; quoted Section 4. 2(e) of the Code of the City of Jefferson' Article 5, Section 22, of the Missouri Constitution; and Sectio 536.150 of the Revised Statutes of the State of Missouri. Who ' asked if the petition was correctly filed within a ton day perio.; after the issuance of the license, Mr. Garner responded that it was filed within the time limit and had at least one vali4 signature. Vote on Councilman Voile' s motion was: Aye: Gordon, Voile. Nay: Barnicle, Borgmeyor, Davis, Haako, Halsey, Nelson Scheulen, and Woodman. Midwest Block: Attorney Rudy Veit, representative of Midwest Block, spoke to the Council concerning proposed ways to resoly the current litigation involving the City and Midwest Block. Thl,• issues he felt uppermost were dust and noise. Midwest Block i1= proposing that a system designed by their engineer to collect th(( dust be implemented and a layer of pea gravel with oil spraying b:. utilized on the driveway in the summer to help control dust. Mr! Veit requested guidelines from the Council on what level and typ1 of noise is acceptable, both during normal work hours and afte working hours. He mentioned possible solutions to the nois:. problem, including overhead doors and an exit tunnel for trucks! Mr. Veit pointed out that Midwest Block has been at its presen location for 40 years and employs 27 people, and is willing t. work with the City and its neighbors. When Councilman Barnicle stated that the original problem was that Midwest Block was operating outside the proper zone, Mr. Veit responded that it was his understanding that Midwest Bloc had been grandfathered in when the City limits were expanded t'. include it. There was discussion on whether Midwest Block shoal; be negotiating with its neighbors, and Mayor Hartsfield state; that it was logical for Midwest Block to come to the Council since= the City initiated the suit against Midwest Block. Attorney Tom Vetter, representing the citizens on Dahlia Drive, Il made the points that his clients are not insisting Midwest Block :101..) REGULAR COUNCIL MEETING, MARCH 16, 1987 leave the neighborhood and that his clients are expending a large • share of expenses and still putting up with noise and dust. He had only recently received his copy of a proposed ordinance relating to noise and was not prepared to comment on it. He asked for time at a later date to make a proposal. • Attorney Michael P. Riley pointed out that Midwest Block had been issued all necessary permits to perform business at its present location. Mr. Riley felt the noise had not increased in the past three years and that Midwest Block has offered possible solutions to the problems and would like to move forward with implementing the solutions. He mentioned that this controversy could influence industry considering a move to the area. CONSENT AGENDA: Councilman Gordon moved approval of the Consent Agenda which consisted of the Council Minutes of March 2, 1987; the Financial Statement: and the awarding of the following bids: 860 - Long Distance Telephone Service; All City 866 - Protective Clothing; Fire Department 883 - Landscaping Chemicals; PW/DOT 889 - Traffic Signal Parts; Public Works 890 - Truck, Dump; Public Works 891 - Used Tractor with New Mower; DOT 892 - Concrete & Concrete Products; Public Works Councilman Haake seconded and it was approved. MINUTES RECEIVED AND FILED: Mayor Hartsfield announced the following Minutes had been received and were on file in the City Clerk's office' Animal Rescue Advisory Commission, 2/25/87: Traffic Safety Commission, 3/5/87; City Administrator and Departmental Monthly Reports. APPOINTMENTS BY MAYOR: Mayor Hartsfield appointed a special temporary committee on Tax Increment Financing to work with Allen Garner. The Committee is composed of Allen Garner: Councilmen Haake, Scheulen, and Nelson; Tom Benton; and Bobby Cox. Mayor Hartsfield appointed a committee to look into elected officials' salary composed of Dave Johnston; Allen Garner: and Councilmen Gordon, Halsey, and Davis. If the committee recommends increasing the salary of any elected officials, the increase will not be effective until 1989. BILLS INTRODUCED: Bill 86-198, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED OCTOBER 31, 1986, WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Bill 86-198 was read first and second time by title and ordered distributed to members of the Council. • 104 Bill 68-199, sponsored by councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. , FOR DESIGN OF THE SEVEN HILLS ROAD PROJECT. Bill 86-199 was read first and second time by title and ordered distributed to members of the Council. Bill 86-200, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE .CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE A(g) , ( 20 MPH SPEED ZONE) OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CHANGING THE SPEED LIMIT ON A PORTION OF MONROE STREET AND FAIRGROUNDS ROAD. Bill 86-200 was read fIrst and second time by title and ordered distributed to members of the Council. Bill 86-201, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE S (LOADING ZONES) OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING A LOADING ZONE ON CAPITOL AVENUE. Bill 86-201 was read first and second time by title and ordered distributed to members of the Council. Bill 86-202, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING SCHEDULE J OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON PROHIBITING PARKING ON A PORTION OF SOUTH TEN MILE DRIVE, AND FLORA DRIVE. HOGAN Bill 86-202 was read first and second time by title and ordered distributed to members of the Council. MO Bill 86-203, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING THREE ( 3) NEW SECTIONS, TO BE KNOWN AS SECTION 17. 166, SECTION 17. 167 AND SECTION 17. 168, RELATING TO OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE. Bill 86-203 was read first and second time by title and ordered ' distributed to members of the Council. Bill 86-204, sponsored by Councilman Halsey, entitled, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , REPEALING ORDINANCE 9626, 9785, 10028, 10062, 10093, 10294, 10476, 10673, and 10709 PERTAINING TO PERSONNEL RULES AND REGULATIONS AND ADOPTING A NEW SET OF PERSONNEL RULES AND REGULATIONS. Bill 86-204 was read first and second time by title and ordered distributed to members of the Council. 4 A REGULAR COUNCIL MEETING, MARCH 16, 1987 BILLS PENDING: Bill 86-190, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH STEVE HOWARD TO LEASE CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 86-190 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10794. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile and Woodman. Nay: None. Bill 86-191, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, NAMING A PART OF THE SOUTH OUTER ROADWAY OF U.S. HIGHWAY 50 WEST HORNER ROAD. Councilman Borgmeyer suggested Public Works write the County and request they also rename the continuation of U.S. Highway 50 West to Horner Road. Bill 86-191 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10795. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile and Woodman. Nay: None. Bill 86-192, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , REPEALING ORDINANCE 9404, AND ALL AMENDMENTS THERETO, THE FLOOD HAZARD ORDINANCE, AND AMENDING THE CODE OF THE CITY OF JEFFERSON BY ENACTING A NEW ARTICLE V, FLOOD HAZARD REGULATIONS, TO CHAPTER 7 OF THE CODE OF THE CITY OF JEFFERSON AND REPEALING SECTION 7-4 OF THE CODE. Bill 86-192 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10796. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Bill 86-193, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR UTILITY PURPOSES OVER LAND LOCATED IN THE CITY OF JEFFERSON, MISSOURI. Bill 86-193 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10797. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile and Woodman. Nay: None. 86-194, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BAUMGARTNER GENERAL CONTRACTORS FOR THE RETAINING WALL AT DELONG'S 100 aa .. ., •• - INCORPORATED. -:` Bill 86-194 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10798. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile and Woodman. Nay: None. Bill 86-195, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HAROLD G. BUTZER, INC. , FOR MAINTENANCE AND SERVICE OF HEATING AND AIR CONDITIONING EQUIPMENT. Bill 86-195 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10799 . Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Bill 86-196, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE PAYMENT OF A CLAIM FOR SERVICES RENDERED BY CENTRAL MISSOURI PROFESSIONAL SERVICES Bill 86-196 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10800. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. Bill 86-197 , sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET BY APPROPRIATING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. Bill 86-197 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10801. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Voile and Woodman. Nay: None. { INFORMAL CALENDAR: Councilman Borgmeyer requested bill 86-180 be amended by substituting a new Attachment A as distributed to the Council and put it forward for vote. Bill 86-180, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH THE STATE OF MISSOURI ACTING BY AND THROUGH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, FOR THE REALIGNMENT AND IMPROVEMENT OF CERTAIN STREETS IN CONJUNCTION WITH THE CONSTRUCTION OF THE NEW MISSOURI RIVER BRIDGE. 1'01 REGULAR COUNCIL MEETING, MARCH 16, 1987 Bill 86-180 was read third time by title, placed on final passage, and passed by the following vote as Ordinance 10802 . Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Nelson, Scheulen, Veile, and Woodman. Nay: None RESOLUTIONS: RS86-48. Installation of street light on Ryans' Road. Councilman Halsey moved for approval, Councilman Borgmeyer seconded, and the motion was approved. RS86-49. Support of gas tax. Councilman Haake raised several questions concerning how the proposed gas tax will be divided among the various uses, such as road work, salaries, etc. Mike Bates explained that its passage would mean an additional $180,000-190,000 to Jefferson City and that there is a specific list of projects targeted for central Missouri. He went on to clarify that although the federal funds for the Missouri River Bridge have been targeted, the state must come up with matching funds before the bridge can be started. The gas tax would be essential in raising the matching funds. Councilman Halsey moved the resolution be approved, Councilman Nelson seconded, and the motion was approved. Councilman Veile abstained from voting on the motion. mvo Ow .0 OM UNFINISHED BUSINESS/NEW BUSINESS: Councilman Nelson asked if a public hearing had been scheduled in response to the proposed renaming of West Main Street to West Capitol. Tom Benton responded that the resolution was adopted at the last Council meeting and is being published during a four week waiting period to allow for dissention. If 51% of the property owners along the street object, the Council cannot change the name. If less than that number object, an ordinance will be introduced to change the name. Councilman Nelson asked about the appeal process and Mr. Benton told him that a petition signed by property owners can be turned in at the City Clerk' s office. Mr. Garner clarified that each joint property owner has a vote, but each owner must sign his or her own name on the petition. Mr. Benton pointed out to Councilman Nelson that the property owners still have two weeks to sign a petition and turn it in to the City Clerk' s office. Councilman Borgmeyer announced that a Public Works Committee meeting was scheduled for Monday, March 23, at 7: 30 p.m. Councilman Veile announced that a Cable TV Committee meeting was scheduled for Thursday, March 19, at 7:30 p.m. EXECUTIVE SESSION: There being no further business, Councilman Halsey moved Council adjourn to Executive Session, Councilman Nelson seconded, and it was approved by the following vote: Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Scheulen, and Woodman. III Nay: Veile. I