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HomeMy Public PortalAbout19880215 27© REGULAR COUNCIL MEETING FEBRUARY 25 1988 A Regular Council Meeting was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Verne Scheulen. The following Council Members were present: Present: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile, and Woodman. Absent: None. A quorum was declared present. PRESENTATIONS FROM GALLERY: Mr. Ken Wildhaber, 1619 E. Miller, addressed the Council as a representative of the Newman Center. The Newman Center is on Marshall street and they are consistently experiencing problems with adults congregating in the street and blocking the roadway, with loitering and drinking of alcoholic beverages. Mr. Wildhaber stated he felt that the first step toward alleviating these problems would be more street lights along the street and in the park that is adjacent to the Newman Center. Mr. Wildhaber stated that the purpose of the Newman Center was to be a home away from home for the students at Lincoln University, but because of these conditions, many were afraid to come there, especially after dark. Mr. Wildhaber further stated that when the weather is warm, many of these mon will use the street for the purpose of washing and waxing their automobiles and thus block the road so no one can get through. Councilman Voile asked Mr. Wildhaber if ho was specifically asking for a street light. Mr. Wildhaber stated he felt the addition of additional street lights would be a step toward resolving the problems they are experiencing. Councilman Halsey stated the problem is that the City does not own the right-of-way for this part of Marshall Street and cannot put up street lights or patrol this section. Councilman Halsey stated that he and the City Counselor had researched this for several months and had learned this portion of the street belonged to the Community Center, a non-profit organization here in the City. Councilman Halsey went on to state that if the Community Center will not deed the right-of-way back to the City, the City will have to file suit and take it under eminent domain. Councilman Halsey stated the City does not own the property at the present time and there is nothing they can do until they obtain the right-of-way. # # # Mr. Pat Duebbert, 430 Valley View Court addressed the Council next regarding the rezoning request before the Council concerning Midwest Block and Brick Company. Mr. Duebbert gave a brief history of the Company and the events of the past few years that have brought them to the Council at this time. Councilman Mason asked Mr. Duebbert if it was the Company's contention that making the improvements they are asking to make would address the complaints of the residents. Mr. Duebbert answered to the affirmative. Councilman Mason asked if Mr. Duebbert had an estimate as to the cost of these improvements. C Mr. Duebbert stated it would coot the Company approximately $150,000 to make the desired changes. Councilman Scheulen asked if the noise problem could not be eliminated by the addition of insulation in their present building. Mr. Duebbert stated they had had numerous experts to review the operation and it was their recommendation that insulation would not stay due to the moisture in the building. Councilman Scheulen stated it was his opinion that in giving Midwest Block the zoning they requested, they were in fact giving up all future zoning. Mr. Duebbert stated it was not the intention of the Company to rebuild on this location. Councilman Scheulen questioned the requested hours of operation for the Company. Mr. Duebbert stated it was not the intent of the Company to operate until 9:30 p.m. every night, but the Company did need some flexibility in being able to compensate for down time. After further discussion, Councilman Haake asked how long it would take to fill the present kilns and the additional kiln they are wanting to build. Mr. Duobbert stated the Company would probably be able to fill all four kilns in 9 to 10 hours if they were able to run without a breakdown. Councilman Haake asked if the Company would be willing to include in their Stipulation that they run after a certain time only on an emergency basis. Mr. Duebbert stated the Company would be willing to accept this as long as they had the flexibility to run if they needed to compensate for down time. Councilman Barnicl© stated one of the biggest issues that remains between the City and Company is the hours of operation. Councilman Barniclo asked if the Council agreed to allow them to operate beyond the hours specified in the case of an emergency and report those emergencies to the City, would the Company agree to this. Mr. Duebbert stated ho would be willing to discuss this. After further discussion, Mr. Duebbert stated ho did not want to be in a position to have to obtain approval from the City to extend the bourn of operation in cane of an emergency, but would not be opposed to calling and informing the City they were going to extend the hours for that day. After further discussion an to the hours of operation and decibel levels, Councilman Voile moved the Council proceed with the Agenda. Councilman Mason seconded and the Mayor proceeded to the next item on tho Agenda. CONSENT AGENDA: a) Council Minutes of 02/01/88 b) Appointments to various Boards & Commissions Transportation Commission - Richard Powell to fill unexpired term of Bill Musgrave who resigned. Mr. Powell 's term will expire 6/88. c) Appointments to Jefferson City Police Department Steven P. Shire - Probationary Police Officer Brett A. Roberts -- Probationary Police Officer Councilman Borgmeyer moved approval of the Consent Agenda. Councilman Davis seconded and it was approved. $}' 272 LAR COU.4VC.g,_MSET.Z1W, fEaldi: ; MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes and reports ha. been received and were on file in the office of the City Clerk. Housing Authority Board 12/8/87, 1/21/88; Transportatio Commission 1/19/88; Public Works & Planning Cobgmmittee 2/1/88; Liquor Control Board 2/3/88; City Administrator's Annual Report; Staff Report on Rezoning of Midwest Block and Brick Company BILLS INTRODUCED: Bill 87-109, sponsored by Councilman Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TH: MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MILLE ' ASSOCIATES FOR THE DESIGN OF STORMWATER IMPROVEMENTS IN THE ARE OF KNIGHT VALLEY AND CIMMARON. Councilman Mason requested his name be removed as sponsor of this bill as he did not have any information regarding the bill. Councilman Borgmeyer requested his name be placed on the bill a: sponsor. Bill 87-189 was read first and second time by title and orders distributed to members of the Council. # # # Bill 87-190, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TH: MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINSENBARD1 ELECTRIC MOTOR SERVICE FOR THE SERVICE AND REPAIR OF ELECTRIO MOTORS FOR THE CITY OF JEFFERSON. 8i11 87-190 was road first and second time by title and orders, distributed to members of the Council . # # # BILLS PENDING: 8i11 87-182, sponsored by Councilman Barniole, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF LANDWEHR HILLS SUBDIVISION - SECTION 16, SUBDIVISION OF THE CITY OF JEFFERSON. Bill 87-182 was read third time by title, placed on fine passage, and passed by the following vote as Ordinance No. 10989 Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Veile and Woodman. Nay: None. # # # Bill 87-183, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING TH:- CODE OF THE CITY OF JEFFERSON BY AMENDING CHAPTER 29, ARTICLE IV ! MUNICIPAL AIRPORT, SECTION 29-46 (o) AS IT RELATES TO HANGARS AN' BUILDINGS. Bill 87-183 was read third time by title, placed on fine passage, and passed by the following vote as Ordinance No. 10990 • • Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Veile, and Woodman. Nay: None. # # # Bill 87-184, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 18-189 (PENALTY) ARTICLE VI (STOPPING, STANDING AND PARKING) AS IT RELATES TO HANDICAPPED PARKING. Councilman Woodman requested this bill be placed on the Informal Calendar. # # # Bill 87-185, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE N (PARKING METER ZONES) OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING CERTAIN 120 MINUTE PARKING METER SPACES AND ADDING 10 HOUR PARKING METER SPACES IN THE SAME AREA. Bill 87-185 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10991. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile and Woodman. Nay: None. # # # Bill 87-186, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE SCHEDULE V (HANDICAPPED PARKING SPACES) OF SECTION 18-401 OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF TWO PARKIN SPACES ON CAPITOL AVENUE. Bill 87.186 was road third time by title, placed on final passage, and paused by the following vote as Ordinance No. 10992. Aye: Barniole, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Soheulen, Voile and Woodman. Nay: None. # # # Bill 87-187, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THt 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 Barnicle stated he wished to discuss the Staff Report on Midwest Block at this time. Councilman Barniole stated the report was not exactly what he had asked for as he desired a staff report on this particular ordinance on two aspects. Councilman Barniole stated he had wanted their opinion on this ordinance from a Planning and Zoning point of view as it relates or our Comprehensive Plan and also if a block manufacturing company a permitted use of M-1. Councilman Barniole stated he also wanted a legal point of view on these issues. Councilma Barnicle reviewed the report that had been distributed in the Council packets. Councilman Barnicle stated he then reviewed the 274 `` _. _._.... __.___..... .... _ _.., .2.4444.4R same IL HEFTING, .FEBRUARY. 1 9,19RA* Comprehensive Plan of the City of Jefferson and saw where it had been approved and adopted in June of 1986. Councilman stated he was afraid the plan would become something that was only there • when it was convenient and not there when it was not convenient. • • After further discussion on the Comprehensive Plan, Councilman Barnicle asked if the Planning and Zoning Commission had referred to this Plan in making the decision to grant the zoning request. • City Planner Dick Preston stated that based upon his remembrance, he did not believe the Commission had referred to the Plan. • After further discussion on the Comprehensive Plan and the bill that is currently before Council, Director of Planning and Zoning Tom Benton was asked for his opinion regarding the requested rezoning. Mr. Benton stated that his recommendation would be not to approve the bill before the Council. • Councilman Barnicle stated his desire to reiterate the fact that the real issue is the right to do business in the City of Jefferson and the right to live in peace in our homes. Councilman Haake asked if the stipulation had been signed. City • Counselor Allen Garner stated he did have a copy signed by Pat Duebbert. Councilman Veils stated he would like to see the bill held over until after Executive Session and brought up for a vote at that time. Mayor Gardner stated she would have a ruling on that after' the discussion had been completed. Councilman Halsey stated he was not ready to vote and would like to see the bill placed on the Informal Calendar. Councilman Halsey stated if the Council wished to bring it up after the Executive Session, he would agree to this. There being no further discussion, Mayor Gardner stated she was taking the Chair's prerogative and deferring action on this bill until after Executive Session. # # # Bill 87-188, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THI MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI BUILDERS, INC. , FOR MAINTENANCE AND REPAIR OF ROOFS ON CITY BUILDINGS. Bill 87-188 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10993. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey„ Mason, Scheulen, Veile and Woodman. Nay: None. INFORMAL CALENDAR: Councilman Voile requested Bill 87-164 be removed from the Informal Calendar and considered for final passage at this time Bill 87-164, sponsored by Councilmen Voile, Davis, Gordon, Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, AS IT PERTAINS TO CABLE TELEVISION. . �r 276 is • ►r u ► . : Councilman Voile informed the Council that this particular bill would make some amendments to the ordinance passed by Council a few months ago that would bring the ordinance into compliance with the franchise agreement. Councilman Voile urged passage of this bill. Bill 87-164 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 10994. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Veile and Woodman. Nay: None. # # # Councilman Voile requested Bill 87-165 be removed from the Informal Calendar and considered for final passage at this time. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF JEFFERSON AND TCI CABLEVISION OF MISSOURI, INCORPORATED, AS IT RELATES TO CABLE TELEVISION. Councilman Voile stated this bill would approve the franchise agreement which had been developed through negotiations with TCI Cablevision, Inc . , of Missouri and the Cable Committee. Councilman Voile stated the Bill was being amended to show the effective date of the franchise to be February 1, 1988, and this would cause the actual franchise period to be about ten years. Councilman Voile thanked the Cable Committee for their hard work and introduced the members of the Committee, Councilman Gordon, Councilman Davis, Councilman Halsey, Director of Planning and Code Enforcement Tom Banton and City Counselor Allen Garner. Mr. Voile wont on to state this was a non-exclusive franchise and he felt the best monitor for TCI would be competition. Councilman Voile stated the Cable Quality Commission wen eatablishod to monitor the problems with TCI and that if citizens are having problems they should first cell TCI and if they can not got the matter resolved with them, then call the Cable Commission. Councilman Hernial° expressed his concern about who is going to be in charge of the Public Access channel. Councilman Barnialo expressed his concern over the control of this channel being taken away from the Council. Councilman Voile stated the Cable Quality Commission is guided by the same rules an the other Commissions and they are subject to the wishes of the Council. Councilman Scheulen questioned what the ordinance said about the burying of cable and what the penalties were if this was not done. Councilman Voile stated there were certain monetary penalties that could be levied against the Company if certain infractions occur and the burying of cable is covered in the ordinance. Councilman Voile stated he thought he fine that could be levied for this particular infraction was $100 per day. Councilman Halsey stated he was not in agreement with the Company in levying a 14$ increase in subscriber' s fees. Councilman Halsey stated he did not feel the customers were getting their money's worth from the Company. He further stated he thought the service was still deplorable and the management was inadequate. Councilman Halsey stated the Company has come a long way, but he is still not pleased with their service and would be voting "NO" on this bill. There being no further discussion, Bill 87-165 was read third REGULAR COUNCI MEET NG, FFBR ARY 15, time by title as amended, placed on final passage, and passed b the following vote as Ordinance No. 10995. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Mason, Scheulen, and Veile. Nay: Halsey, Woodman. Mayor Gardner thanked the Cable Committee for their service t. the City of Jefferson under the leadership of Councilman Stev= Voile. Mayor Gardner announced the dissolution of the Cabi; Committee and that Steve Voile would remain the Counci Representative to the Cable Quality Commission. Mayor Gardner recognized Kevin Kelly and Morrie Trout from the Cable Qualit Commission and also Doug Nix from TCI. RESOLUTIONS: RS87-31 Regarding the approval of the Adult Basic Literac ,, Education application for grant from Neighborhood Assistanc: Program. Councilman Haake moved approval, Councilman Borgmeye . seconded and it was approved. UNFINISHED BUSINESS/NEW BUSINESS: Councilman Barnicle asked Director of Housing Authority AUUe Pollock what progress had been made on the City's application fo' the Community Development Block Grant. Mr. Pollock stated th.' City had not received any word from the State as to the status o ,{ this application. # # # Councilman Sahoulon stated the Company hod been allowed address the Council concerning Midwest Block and he would like th=e residents to have an opportunity to address the Council. The only rosidant present who addroasad the Council was Lorraint Parker of 113 Doehla Drive. Ma. Parker stated she had lived neat Midwest Block for nearly 27 years and had not complained. Ma , Parker stated that since 1985 the conditions had becom = unbearable asked the Council not to approve the rezoning. # # # Councilman Borgmeyer moved to request the Mayor to write the Poet Master requesting the mail drops be reinstated on Washingto ' Street. The motion died for lack of a second. Councilman Haake stated the reason the mail boxes had bee removed was for safety reasons. There had been some neat accidents involving mail carriers trying to empty the boxes. Th:t Post Master had said the only way the boxes would be returned we.: if the City would build an raised island with some safet ! features for these mailboxes. Councilman Soheulen moved to request Mike Bates to prepare a pia. to build the island the Post Office requests for Council approval at the next Council meeting. Councilman Gordon seconded th:' motion and it was approved. # # # 277 REGULAR COUNCIL MEETING FEBRUARY 15, 1988 Councilman Barnicle moved to censor the Planning & Zoning Staff and censoring the Planning and Zoning Commission and admonishing them in future to follow the City's Comprehensive Plan and if %t they depart from it to give reasons to the Council as to why they did so. Councilman Scheulen seconded the motion. Councilman Veile asked exactly what this meant and what the Council was doing with this action. City Counselor Allen Garner stated a censor was a reprimand. Councilman Davis requested a roll call vote for this motion. Councilman Borgmeyer requested a roll call vote. A roll call vote was taken with the following results: Aye: Barnicle, Gordon, Halsey, Mason, Scheulen Nay: Borgmeyer, Davis, Haake, Voile, Woodman. The roll call vote was a tie vote and Mayor Gardner was called upon to break the tie. Mayor Gardner voted "NO" and the motion failed. APPROVAL OF EXECUTIVE SESSION MINUTES: Councilman Halsey moved approval of the Executive Session Minutes. Councilman Haake seconded and it was approved. There being no further business, the Council moved to go into Executive Session at approximately 9:30 p.m. by the following roll call vote: Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Voile and Woodman. Nay: None. At approximately 10:40 p.m. the Council reconvened in open session. City Counselor distributed to the Mayor and Council the copies of the Stipulation that Midwest Block and Brick had agreed to sign. The Council reviewed these documents and Councilman Barnicle+ distributed copies of the Stipulation to the residents that wore present. Mr. Pat Duebbert was waked to step to the microphone again and state whether or not the Company agreed to this proposal. Mr. Duebbert stated yen, the Company had agreed to thin stipulation. Councilman Voile asked Mr. Duebbert if he had any special time frame in mind for the passage of this bill. Councilman Voile asked if passage of the bill was delayed until the next Council meeting, would the Company still agree to the Stipulation. Mr. Duebbert stated they had been told if the Company agreed to the Stipulation, the bill would be passed tonight. Mr. Duebbert went on to say that yes, the Company would agree to the Stipulation in three weeks. Mr. Duebbert stated the Company is wanting to put this behind them and got on with making the changes that need to be made to alleviate the complaints of the residents. Mayor Gardner removed Bill 87-187 from the table at this time. Bill 87-187, 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 TRACT OF LAND AT 2203 EAST MCCARTY STREET FROM C-4 ( PLANNED COMMERCIAL) TO M-1 (LIGHT INDUSTRIAL) . Councilman Barnicle requested this bill be placed on the Informal Calendar. Councilman Davis moved the Council vote to bring the bill off of the Informal Calendar. Councilman Haake seconded the motion. Councilman Halsey stated he was pleased with the , 278 • T _.__. �_._.., • agreement and agreed with it, but he was voting "NO" gimps because he felt the sponsor of a bill should be able to plac= that bill on the Informal Calendar. Councilman Veile stated h� agreed with the agreement and was pleased with it also, but di. not feel the delay would make all that much difference. Councilman Voile stated he too felt the sponsor should have th- right to place a bill on the Informal Calendar. There being n. further discussion, the motion failed by the following roll cal vote: Aye: Horgmeyer, Davis, Gordon, Haake, Woodman. Nay: Barniole, Halsey, Mason, Scheulen, Veile. There being no further business, Councilman Horgmeyer moved th= meeting be adjourned, Councilman Davis seconded the motion and i • was approved. The meeting adjourned at approximately 11:00 p.m.