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HomeMy Public PortalAbout19830307 4oi REGULAR COUNCIL MEETING, MARCH 7, 1983 Call to The regular Council Meeting was called to order at 7:30 P.M. with Order Mayor Hartsfield presiding. Prayer was offered by Rev. Kevin Gormley, St. Peter' s Catholic Church. • Roll Call Councilman Present: Blume, Borgmeyer, Davis, Gordon, • Halsey, Hequembourg, Lock, Roark and Scheulen. Councilmen Absent: Kliegel. A quorum was present. Public The first item of business was a public hearing on two rezoning H�aarings: requests: Rezoning Rezoning has been requested involving property located on the Requests southeast corner of Eastland Drive and U.S. Highway 50 from RS-2, RS-3 (single family) and PUD (Plannued Unit Development), to C-4 (Planned Commercial). No one spoke in support or opposition to the • rezoning request. Mayor Hartsfield announced that an ordinance authorizing the rezoning would be introduced later in the meeting; • • Rezoning was also requested involving property located to the north and west of the intersection of Scott Station Road and North Ten Mile • Drive, from C-4 (Planned Commercial) to RA-2 (Multiple Dwelling). No • one spoke in support or opposition to the rezoning request, and Mayor Hartsfield stated that an ordinance authorizing the rezoning would be introduced later in the meeting. Cantorum Mayor Hartsfield announced that representatives of the Jefferson City Cantorum were present and he wished to present them with a Proclamation. The Cantorum will be traveling to Ireland in latter April to perform and tour representing Jefferson City. After the proclamation was read, he presented it to Mr. Pat Henley. Mr. Lawson Phaby and Mr. Stan Grieve were also present on behalf of the Cantorum, Mr. Grieve will be representing Mayor lartsfield and presenting keys to mayors and dignitaries in Ireland on behalf of Jefferson City. Mr. Phaby announced that a "preview" of the Ireland program will be performed in Jefferson City on April 16 at Richardson Auditorium. Consent The next item of business was the Consent Agenda, which included Agenda Council Minutes of the Regular Meeting held March 7, 1983, and awarding of the following bids: • Bid No. 313 Wastewater Analysis, Public Works Bid No. 314 Print Paper, Public Works Bid No. 318 Sign Materials, Public Works The following bids were initiated for the Parks & Recreation Department and forwarded to that office for disposition: • Bid No. 310 Carpeting, Hough Park Bid No. 311 Swimming Pool Chemicals Bid No. 312 Soda Dispensers Bid No. 316 Ice Maker Bid No. 317 Two-Way Radio System HELD OVER Bid No. 302 Sale of City Hall Building Bid No. 303 Telephone System, City Hall Bid No. 275 Cole Junction Project, Public Works Bid No. 296 Uniforms, Transportation; Planning & Code • 402 • Councilman Blume requested that the minutes of the Regular Meeting • _;:: of March 7 be corrected to reflect that in the discussion regarding Bill 82-155, the DWI ordinance, that Mr. Blume spoke with "two members of Alcoholics Anonymous. . ." Councilman Blume moved that the Consent Agenda be approved showing the Minutes amended as requested, the motion was seconded by Councilman Lock, and approved. Mayor Hartsfield stated that the following minutes were received and Minutes Filed are on file in the City Clerk's Office: Board of Adjustment, 2-8-83. Intro. of Bills '. The next item of business was the introduction of bills. Bill 82-186, sponsored by Councilman Blume, entitled: 82-186 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, Rezoning AMENDING AND MODIFYING THE CODE OF THE CITY OF JEFFERSON, BY AMENDING CHAPTER 36, OF THE CODE OF THE CITY OF JEFFERSON, BY REZONING PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EASTLAND DRIVE AND U. S. HIGHWAY 50 FROM RS-2, RS-3 (SINGLE FAMILY) AND PUD (PLANNED UNIT DEVELOPMENT) , TO C-4 (PLANNED COMMERCIAL) . Bill 82-186 was read first and second time by title and ordered distributed to members of the Council. Bill 82-187, sponsored by Councilman Blume, entitled: Rezoning AN ORDINANCE OF 'I'ilE CITY OF JEFFERSON , MISSOURI , CHANGING, RQxoning • AMENDING AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, BY AMENDING CHAPTER 36, OF THE CODE OF THE CITY OF JEFFERSON, BY REZONING PROPERTY LOCATED TO THE NORTH AND WEST OF THE INTERSECTION OF sum. STAT ION ROAD AND NORTH TEN MILE DRIVE, FROM C-4 (PLANNED COMMERCIAL) TO RA-2 (MULTIPLE DWELLING) . Bill 82-187 was read first and second t tine by title and ordered distributed to members of the Council. Bill 82-188, sponsored by Councilman liequernbourg, entitled: 82 a186 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE System CODE CODE OF THE CITY OF JEFFERSON BY REPEALING SUB-PARAGRAPH Syst 11-3(g), TRANSIT SYSTEM FARES, SUBSCRIPTION SERVICE, AND Fares ENACTING IN LIEU THEREOF ONE NEW SUB-PARAGRAPH PERTAINING TO THE SAME SUBJECT MATTER. • Bill 82-188 was read first and second time by title and ordered distributed to members of the Council. Bill 82-189, sponsored by Councilman Hequembourg, entitled: 82-189 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING Purchase THE MAYOR AND THE CITY CLERK TO PURCHASE CERTAIN PROPERTY AND Property GRANTING RIGHT OF ACCESS. Bill 82-189 was read first and second time by title and ordered distributed to members of the Council. 408 82-190 Z. Bill 82-190, sponsored by Councilman Borgmeyer, entitled: i �L: Purchase I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING T i Sewer Real MAYOR AND CLERK TO PURCHASE REAL ESTATE FOR THE CONSTRUCTION OF Estate A SANITARY SEWER AND TO EXECUTE NECESSARY DOCUMENTS CONNECTED THEREWITH. Councilman Borgmeyer requested that the rules be suspended and Bill 82-190 be placed on final passage for vote. Bill 82--190 was read second and third time by title, placed on final • passage and passed by the following vote as Ordinance No. 9945: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. 82-191 Bill 82-191 , sponsored by Councilman Borgmeyer, entitled: obtain AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE sanitary MAYOR AND CLERK TO OBTAIN SANITARY SEWER EASEMENTS AND TO newer EXECUTE NECESSARY DOCUMENTS CONNECTED THEREWITH. easements Councilman Borgmeyer requested that the rules be suspended and Bill 82-191 be placed on final passage for vote. Bill 82-191 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance No. 9946: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Halsey, Lock, Roark and Scheulen. Nay: None. pending The next item of business was pending bills. b1.11a 82-173 11111 82-173, sponsored by Council nut !Blume, entitled: rezoning AN ORDINANCE OF THE ( I'I'Y OF 1 EVE ER SON , MISSOURI , CHANGING, AMENDING AND MODIFYINU THE ZONING R!;5TR1( 1'IONS OF `I'II!? CITY OF JEFFERSON , By AMENDING CHAPTER 36, OF '1'H!: cm: OF THE CI'T'Y OF JEFFERSON , BY CHANGING THE RI 5! Rl( I IONS ON PROPER'T'Y LOCATE1) AT 1310 SWIFTS HIGHWAY, FROM PUD (PLANNED UNIT DEVELOPMENT) WI`I'!1 USES RESTRICTED TO RESTAURANT AND LOUNGE, TO PUT) (PLANNED UNIT DEVELOPMENT) WITH USES RESTR ICTED TO RESTAURANT, LOUNGE AND RESIDENTIAL USES UNDER CERTAIN CONDITIONS. Councilman Blume requested that Bill 82-173 be placed on the Informal Calendar to allow the Planning & Zoning Commission to do more detail work on the bill. 82-174 Bill 82-174, sponsored by Councilman Hequembourg, entitled: Reappropria- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING A Lion REAPPROPRIATION FOR CONSTRUCTION CONTRACTS IN PROCESS AND I PURCHASE ORDERS OUTSTANDING AT OCTOBER 31 , 1982. 1� Councilman Hequembourg moved that Bill 82-174 be amended to add $13,000 for codification expenses as it was omitted from the original list of outstanding purchases orders. The motion was seconded by Councilman Roark, and approved. Bill 82-174 was read third time by title, placed on final passage, and passed as amended by the following vote as Ordinance No. 9933: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. {_ 4O4 i- �3 J;^ 1 k 1i 4 _ .__. ..- ... ..... .« ... .. ...... .....__.. .mow.�.«. ...__ ..�._.. __ .. _..... _..«.. .._ _. ......_... ... .... -» Y1 , ,,'••,,,.:i;�;tl J•q ♦.te �`A '+' '4t i.'tft .. Y i .;., 82-175 '7^ ? * Bill 82-175, sponsored by Councilman Borgmeyer, entitled: Mechanical`" `' ` AN ORDINANCE OF THE CITY OF JEFFERSN MISSOURI , PROHIBITING THE •,„ Amusement -.r = PLACEMENT OR OPERATION OF MECHANICAL AMUSEMENT DEVICES ON CITY ry= ',;':n? PROPERTY. Devices >{}, : r, Prohibited Councilman Borgmeyer moved that Bill 82-175 be amended to also prohibit mechanical amusement devices in Parks and Recreations buildings. The `' ., motion was seconded by Halsey, and defeated by a 6 to 3 vote. Bill 82-175 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No 9935: '?' / Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, and Lock. ;fit 5' Na He uembour , Roark and Scheulen. -;c Bill 82-176, sponsored by Councilman Scheulen, entitled: Parkin '''-` AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE Parking CODE OF THE CI'T'Y OF JEFFERSON , BY AMENDING SECTION 23-90(a) TWO -= HOUR PARKING, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M. Councilman Scheulen moved that Bill 82-176 be amended as the ordinance introduced incorrectly omitted Monroe Street. The ordinance, as amended, would identify the affected area as follows: "STATE STREET, the north shoulder thereof, from a point nineteen Y .;.. feet west of the extended west curb of Monroe Street a distance of eighty feet east." The motion for amendment was seconded by Councilman Blume, and .'. approved. 11111 82-•176 was read third time by title, placed on final passage, and passed aas iAmended by the following vote ras Ordinance No. 9935: Aye: Blume, Borgmeyer, Davis , Gordon, Halsey , Healuc'mbourg, Lock, Roark and Scheulen. Nay: None. Bill 82-171, sponsored by Count:i Ism n Scheulen, entitled : 82-177 AN ORDINANCE OF THE CITY OF JEFFERSON , MISSODURI , AMENDING THE Parking CODE OF THE CITY OF JEFFERSON , BY REPEALING 51 C'TION 23-127 RESERVED PARKING AND ENACTING A NEW SECTION 23-127 IN LIEU THEREOF. Councilman Borgmeyer asked how many reserved parking spaces are in the parking garage. Marty Brose stated that there are 86-plus, and that the garage had been full one day in the past month. Bill 82-177 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 9936: Aye: Blume, Borgmeyer, Davis , Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. Bill 82-178, sponsored by Councilman Scheulen, entitled: Parking AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 23-79(a) PARKING PROHIBITED AT ALL TIMES AT DESIGNATED LOCATIONS, STREETS AND HIGHWAYS. Councilman Borgmeyer asked if the action being taken in Bill 82-178 had been initiated by Modern Business Systems. Mike Bates stated that it had been initiated by Public Works Department. Councilman Blume asked the distance from curb to curb, to which Mr. Bates answered it was thirty (30) feet. 405. • • 82-178 Bill 82-178 was read third time by title, placed on final passage and passed by the following vote as Ordinance No 9937: 1 Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, K= Lock, Roark and Scheulen. it Nay: None. 82-179 Bill 82-179, sponsored by Councilman Scheulen, entitled: parking AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE meter CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 23-88(a)(4) zones METERED PARKING, METER ZONES, PARKING METER ZONE D. Bill 82-179 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 9938: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. • 82-180 Bill 82-180, sponsored by Councilman Scheulen, entitled: Parking/4-hr. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 23-91 FOUR HOUR PARKING. Bill 82-180 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 9939: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, l ock, Roark and Scheulen. Nay: None. 82-181 Bill 82-181 , sponnorod by Councilman Scheulen, entitled: Parking AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE Loading/Taxi CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 23-96(a) AND (b) TAXICAB STANDS AND LOADING ZONES. Bill 82-181 was read third lime by title, placed on final puusagc, and passed by the following vote as Ordinance No. 9940: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. 82-182 13111 82-182, sponsored by Councilman Scheulen, entitled: Parking AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE loading zones CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 23-93(c) LOADING ZONES, DESIGNATED LOCATIONS, PASSENGER OR SPECIAL LOADING ZONES. Bill 82-182 was read third time by title, placed on final passage and passed by the following vote as Ordinance No. 9941 : Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. 406 82-183 Bill 82-183, sponsored by Councilman Scheulen, entitled: Parking AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE Stops CODE OF THE• CITY OF JEFFERSON, BY AMENDING SECTION 23-44(b) p DESIGNATED STOP INTERSECTIONS, OTHER SPECIFIED INTERSECTIONS. Bill 82-183 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 9942: • Aye: Blume, ..Borgmeyer,, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. • Nay: None. • Bill 82-184, sponsored by Councilman Borgmeyer, entitled: 82-184 AN ORDINANCE OF THE C CITY OF JEFFERSN MISSOURI , AUTHORIZING THE Cont sact/ Mc- MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BURNS AND Donnell l Mc- o McDONNELL ENGINEERING COMPANY , INC. , FOR A REVENUE BOND Connell FEASIBILITY STUDY. Bill 82-184 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 9942: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. The next item of business was the Informal. Calendar Informal Cal. Bill 82-155, sponsored by Councilman Scheulen entitled: 82-155 AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING CHAPTER DWI ord. 23 OF THE CI'T'Y CODE BY DEL i i'ING 5U1351ECTION 23-46.1( h) , AND BY ENACTING IN I..IIEU THEREOF ONE NEW SECTION 1'0 III KNOWN AS SECTION 23-46.2, PERTAINING TO MINIMUM PENAL'T'IES FOR DRIVING WHILE INTOX ICATED AND DRIVING WITH EXCESSIVE BLOOD ALCOHO1. CONTENT. Councilman Scheulen asked Lyn Porterfield , City Counselor, to read and explain changes in some of the wording pertaining to Chapter 23-46.2(d) . The change would allow the Judge to suspend more than $50 of the fine if the defendant agreed to attend a drug and alcohol program. Mr. Scheulen stated that he believed this would eliminate the inclination by sonic defendants to pay the extra $50 and not attend a program. If the Judge were authorized to suspend more than $50 for attending such a program, he could then raise the fine by the larger amount and suspend that larger amount if the defendant attended a program. Councilman Halsey stated that he felt the Council should wait until the state passed their DWI legislation before taking any action. Councilman Hequembourg stated that if all DWI cases were referred to the Circuit Court, the state would be lia1Te for legal assistance, and it would then be considered a state offense. Councilman Scheulen stated he wished to withdraw Bill 82-155 if a motion were adopted which would refer all city DWI and DAC cases to the Circuit Court. Councilman Hequembourg so moved, Councilman Blume seconded the motion, and it was approved. Bill 82-155 is withdrawn. 82-171 Bill 82-171, sponsored by Councilman Scheulen, entitled: Appropriation AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE APPROPRIATIONS PROVIDED FOR THE CITY OF JEFFERSON, MISSOURI , FOR THE FISCAL YEAR 1982-83. Councilman Hequembourg stated that he had spoken with Mr. Brose and his questions raised in the previous Council meeting had been answered to his satisfaction. Mr. Brose explained to other members of the Council that the scale of the plans were in error, thus the contractors' bids 1 ' 407 were not accurate. When it was obvious that extra materials would be _+5 ': needed, the error in the plans were discovered and additional appropriation was requested. 1 . rz Bill 82-171 was read third time by title, placed on final passage, and §; passed by the following vote as Ordinance No. 9944: • • Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, Lock, Roark and Scheulen. Nay: None. • J` Resolutions: The next item of business was Resolutions. Sty Lights * The following Resolutions were presented to the Council for adoption: RS82-37 * RS82-37, RS82-38, RS82-40 and RS82-41 . All the Resolutions pertained to ;'- RS82-38 * street lights. Councilman Scheulen requested the record to reflect that he :. RS82-39 - gran. wished to abstain from RS82-40. Council Member Lock moved that the r RS82-40 * Resolutions be approved, it was seconded by Councilman Roark, and ;` RS82-41 * approved with Councilman Scheulen abstaining from RS82-40. RS82-39, Community Development Block Grant was presented for approval. Councilman Roark moved that the Council adopt the Resolution, Councilman Blume seconded, and it was approved. • ,. Unfinished The next item of business was Unfinished Business. Business A report by the Solid Waste Committee was submitted to the Council. Solid Waste Mayor liartnfieid stated that the State required an answer from the City C..4.ittee by June 1 and suggested that. the Committee submit its recommendation prior to that time. Lyndel U. Porterfield reported on progress made on codification. The Codification "proofs" should be here by approx lam tely May 15; by contract the company' s delivery date is mid--August , plus the length of time it taker, to review the proofs. For instance, if the review time is thirty days, we should have final , printed books by mid-Sept embeer. A detailed let ter will be bent from the company ox pia in trig all t he changes, and should Itcc.ompatay the proofs. . Spec. Bus. Mayor Harisfield stated that since Mr. Porterfield' s memo explaining a District, change in t he Special Business District taxation, the survey which had been planned will be delayed until Council decides how to proceed. Since the Council took a position of not favoring the taxation of . residential property in the outset of the project , it was felt that the Council should not pursue the subject any further until an alternative to residential taxation could be presented by the proponents of the District. Councilman Roark moved that the Council withdraw its decision to do a survey, the motion was seconded by Councilman Scheulen, and approved. adjournment Upon motion by Councilman Roark and second by Councilman Blume, the . Council adjourned to Executive Session to discuss two matters of real estate, two matters of litigation and one matter of personnel, by the following vote: Aye: Blume, Borgmeyer, Davis, Gordon, Halsey, Hequembourg, . Lock, Roark and Scheulen. Nay: None.