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HomeMy Public PortalAbout19880201 68 A Regular ular Council Meeting was called to order at 7:30 P.M. wit Mayor Louise Gardner presiding. Prayer was offered by Father Westhoff of St. Peter's. 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. PUBLIC HEARING: The first item on the Agenda was a Public Hearing regarding th rezoning of property on E. McCarty from C-4 (Planned Commercial ) to M-1 (Light Industrial ) as it related to Midwest Block. The first person to address the Council regarding the issue wa.- Tom Benton, Director of Planning and Code Enforcement, Mr! Benton presented a packet of documents to the City Clerk fo1 placing into the record. Mr. Benton stated the Council hale received these documents at various times, but this would hel4 them keep them in sequence and assist in answering any question they might have. Mr. Benton stated the Council could obtaii copies of this information if they so chose. Mayor Gardner announced each side would have five minutes t!! state their opinions. Councilman Barnicle requested the time limit be extended to fifteen minutes. There was no objection tit! this, therefore the time limit for the public hearing was fiftee:! minutes per side. The next person to address the Council was Mr. Rudy Veit o, Carson, Coil, Riley, McMillin, Levine and Veit, PC. Mr. Veil informed the Council he was here representing Midwest Block anje Brick Company and also several contractors in Jefferson City whir do business with Midwest Block. Mr. Veit stated he wan aekin« the Council to approve the Bill regarding the rezoning. Mr. Voi; (stated that by rezoning this parcel of land to M-1, it would+ enable Midwest Block to make the necessary modifications to the operation and assist in eliminating the complaints regarding due and noise. Councilman Mason asked Mr. Veit if he had any figures on the cosy to the Company for these modifications. Mr. Veit stated he di + not have actual amounts, but the paving was in excess of $20,00.1 to $30,000; the silo was $15,000 to $20,000; and the kiln are12 was between $50,000 and $100,000 or more. Mr. Veit went on tss inform the Council of the improvements that need to be made an,. also the improvements the Company is currently making. Mr. Mason asked Mr. Veit if it was the contention of Midwee1 Block that these changes would address the complaints of t neighbors. Mr. Veit said these modifications would help ti• eliminate the complaints by the neighbors, but that if th:. neighbors were still not satisfied, they could proceed with their lawsuit. Mr. Veit informed the Council this rezoning would n•s change the underlying lawsuit. Councilman Haake asked Mr. Veit if the Company had signed t latest stipulation or if they intended to sign it. Mr. Veil stated he was authorized to sign the stipulation and hoped i would be possible for him to do so. f,264 REGULAR COUNCIL MEETING, FEBRUARY 1, 1988 Mr. Tom Vetter of Vetter & Doerhoff, spoke to the Council as representative of the residents in the Midwest Block area. Mr. Vetter stated he would be asking some of the residents to address the Council, but he felt the approval of this bill was bay zoning. Mr. Vetter stated he felt this rezoning would destroy C 4 zoning. Mr. Vetter then asked some of the residents to addree: the Council. The first resident to speak was Ms. Lorraine Parker, 113 Doehl= Drive, Jefferson City. Ms. Parker asked the Council to conside1 whether they felt they could responsibly and intelligently a110 a nonconforming use, out of zone, causing a nuisance, to b: rezoned. Ms. Parker stated it was her opinion they could not. Ms. Parker stated that property values in this area had decrease' and that the City was not conforming to Harland Bartholomew' : plan for unified development that they had adopted. Ms. Parke . asked the Council not to rezone the property in question. Mr. Al Tanner, 114 Doehla Drive, Jefferson City, addressed the Council stating that he felt this was a true violation of th:' City laws and could not be corrected by rezoning. Ms. Jean Duenaing, 107 Doehla Drive, Jefferson City, stated shy felt that the City officials who zoned the property the way it was now knew what they were doing and it should be left that way Ms. Duenaing stated the operation of Midwest Block was greats , affecting the quality of life and property values of thi residents in that area. Mayor Gardner gave each of the opposing aides one opportunity address comments made by those addressing the Council. Mr. Vei ' stated the rezoning had been denied by the Board of Adjustmen because they felt they were not the correct Commission to hes this proposal. Mr. Veit reiterated the fact that this rezonin' would assist in eliminating the complaints regarding dust an» noioo. Mr. Veit also stated thin rezoning did not affect the underlying lawsuit and that the citizono could proceed with thoii lawsuit if they felt the problems wore not rectified. Mr. Vetter stated the noighborn had agreed to the final stipulation the City had proponed for the settlement of th, lawsuit. Mr. Vetter stated the residents did not like some o the items included in the proposal, but wore willing to uncap them if it would improve the current situation. Councilman Barnicle asked Tom Benton for a synopsis of thi information he had distributed earlier. Mr. Benton gave a brief' review of the events and correspondence that had taken plac prior to tonight's public hearing. Councilman Barnacle asked Mr! Benton if the staff had prepared a position paper on the rezonin- of this property. Mr. Benton stated that staff had not bee' asked to prepare a policy paper and had not done so. Councilman Barnicle moved that staff examine the proposal an. return at the next Council meeting with a full policy statement{ Councilman Halsey seconded and it was approved. There were no more questions from the Council and this conclude. the Public Hearing. CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of 01/11/88 i 1 ��: 2e 5 • REGULAR COUNCIL MEETING, FEBRUARY 1, 1988 +,j+y.. b) Awarding of the following bids: Bid No. 985 - Fire Apparatus, Fire Department Bid No 991 - Used Forklift, Public Works Bid No. 992 - Electric Motor Repairs, All City Bid No. 996 - Three/Four Wheel Vehicle, DOT (Parking) c) Appointment of Bonnie Schroder as Deputy City Clerk d) Elected Officials Expense Reports e) Appointments to Boards and Commissions Animal Rescue Advisory Commission - Annette Ciar � (reappointment) is currently filling an unexpired term The new term will expire in January 1991. Environmental Quality Commission - Dr. Byron Watts Robert Simonds. Both are currently serving on th:i . _ committee and are eligible for another term. Thos: terms will expire in November of 1992. Councilman Haake asked Chief Rennick for some backgrounr information on the fire apparatus bid (No. 985). Chief Rennie explained what had transpired in bidding for the new equipment. Councilman Veile moved the Council Minutes of 1/11/88 be amends;' to reflect that Councilman Davis was the Councilman voting "Nor regarding Bill 87-163, not Councilman Veile. Councilman Maso . seconded and it was approved. Councilman Mason asked Chief Rennick where the fire apparatus w being purchased from, Chief responded it was coming from a dealt' here in Missouri. - Councilman Haake moved approval of the Consent Agenda as °monde• , Councilman Scheulon seconded and it was approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes had been receiv; d and were on file in the office of the City Clerk: 1 Commission on Environmental Quality 11/19/87; Board of Adjuotmeit 1/12/88; Planning and Zoning 1/14/88; Bicentennial Committ : e 1/5/88 & 1/26/88; Liquor Control Board 1/26/88; Parka 1& Recreation Commission 12/21/87; Senior Citizen Advisory Commission 1/26/88; Police Personnel Board (various meetings) Councilman Haake requested the Police Personnel Board rte encouraged to be more punctual in providing the Council with t o minutes from their meetings. Councilman Meeks stated th4t reading a years worth of minutes time consuming and confusing. ANNOUNCEMENTS BY MAYOR: Mayor Gardner asked Councilman Barnicle to distribute the lai l pins for the United States Constitution Bicentennial to • e Councilmen. Councilman Barnicle distributed the pins and informed the Coun. 1 the Constitution Bicentennial Committee was currently consider g their future role as a Committee. i 1 j , 266 BILLS PENDING: Bill 87-177, sponsored by Councilman Borgmeyer, entitled: • AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING T E MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.C. KIRKW D AND ASSOCIATES, P.C. , FOR THE ELECTRICAL IMPROVEMENTS A D TELEMETRY SYSTEM FOR THE PUMP STATION. Bill 87-177 was read third time by title, placed on fin 1 passage, and passed by the following vote as Ordinance No. 1098 . Aye: Barniole, Borgmeyer, Davis, Gordon, Haake, Heise , Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-178, sponsored by Councilman Haake, Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING T E MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT IF NEEDED, WI H UNION ELECTRIC COMPANY FOR THE RELOCATION OF OVERHEAD ELECTRIC L LINES AS IT PERTAINS TO IMPROVEMENTS FOR WEST MAIN STREET A D AUTHORIZING PAYMENT FOR THE RELOCATION. Bill 87-178 was read third time by title, placed on fin 1 passage, and passed by the following vote as Ordinance No. 1098 . Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Habse , Mason, Schouten, Veile, and Woodman. Nay: None. # # # Bill 87-179, sponsored by Councilman Borgmeyer, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING E MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BURNS & MCDONNELL, ENGINEERS/ARCHITECTS/CONSULTANTS, FOR MODIFICATIONS 0 THE WASTEWATER TREATMENT PLANT. Bill 87-179 was read third time by title, placed on fi al passage, and paused by the following vote as Ordinance No. 109 5. Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Hale , Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-180, sponsored by Councilmen Barniole, Borgmeyer, Dav , Gordon, Haake, Halsey, Mason, Scheulen, Voile and Woodm , entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZ C PRESENTATION TO THE VOTERS OF THE CITY OF JEFFERSON A PROPO D AMENDMENT TO SECTION 6.4 OF THE CHARTER OF THE CITY OF JEFFERS , MISSOURI. Bill 87-180 was read third time by title, placed on fi 1 passage, and passed by the following vote as Ordinance No. 109 . Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Hals , Mason, Scheulen, Voile, and Woodman. Nay: None. # # # Bill 87-181, sponsored by Councilmen Barnicle, Borgmeyer, Dav 267 Gordon, Haake, Halsey, Mason, Scheulen and Woodman, 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 T' PROMOTE CONVENTIONS AND TOURISM; ESTABLISHING A CONVENTION A TOURISM FUND; PROVIDING FOR THE COLLECTION OF THE LICENSE TA (I ADDING A NEW DIVISION TO CHAPTER TWO ESTABLISHING A CONVENTIII, AND VISITORS COMMISSION; AND PROVIDING FOR THE KEEPING OF i REGISTER AND THE NUMBERING OF ROOMS. Bill 87-182, was read third time by title, and placed on fin: 1 passage. Mayor Gardner asked for any discussion. Seeing Councilman wished to discuss the issue, Mayor Gardner requested roll call be taken. City Clerk Brenda Cirtin began to call t t roll beginning with Councilman Halsey who voted "No" . At th time, Councilman Haake asked to be recognized and was recogniz• • by the Chair (Mayor) . Councilman Haake stated he had so problems with this bill and felt it was too involved and detail for what he had understood the bill was to do. Councilman Haa stated he had understood this bill was to place the issue befo•r the voters in April. Mr. Haake stated that in its present fo1 he did not feel he could sponsor this bill and asked his name f » removed from sponsorship. Councilman Scheulen stated he had some questions regarding th s bill and would like the opportunity to have a public hearing .n this issue. Mr. Scheulen stated he felt it was necessary to gibe both sides an opportunity to express their views. Mr. Scheulen stated he felt he needed more information before votin., specifically, the addressing of the issues that were raised ,n the media. Councilman Halsey requested the roll call vote continue. M, . Halsey stated once a roll call vote had been called for a,d started, it must be continued. Mayor Gardner asked City Counselor Allen Garner for a legal opinion on the matter. M . Garner stated he believed Councilman Halsey to be correct and tie r: vote must be continued. Mayor Gardner concurred with thin decision and apologized o Councilman Haake and Councilman Sohoulon for not having seen their hands before calling for the roll call vote. City Cle:k Brenda Cirtin proceeded with the roll call vote and Bill 87-1;1 was defeated by the following vote: Aye: Borgmeyer, Davis, Woodman Nay: Barniolo, Gordon, Haake, Halsey, Mason, Schoulo Abstain: Voile INFORMAL CALENDAR: Councilman Voile requested Bill 87-164 concerning the amendm- t of Chapter 8 of the Code of the City of Jefferson as it parts ' e to the Cable Television Franchise be held over on the Infornl. 1 Calendar. Councilman Voile requested Bill 87-165 concerning the Ca. o Television Franchise be held over on the Informal Calendar. Councilman Borgmeyer requested Bill 87-176 concerning t e contract with Union Pacific Railroad for rubberized crossing �•n Industrial Drive and Jaycee Drive be removed from the Infor : 1 Calendar and considered for passage at this time. Bill 87- ► 6 was read third time by title, placed on final passage, and pas= -d 268' • • .....javiasaiiiikmimesi, FEBRUARY 1, 1988 • by the following vote as Ordinance No. 10988. ,.? Aye: Barnicle, Borgmeyer, Davis, Gordon, Haake, Halsey, Mason, Scheulen, Veils and Woodman. Nay: None. RESOLUTIONS: Councilman moved approval of RS87-29 regarding the Neighborhoo. Assistance Program for "Capitol City Uptown Development Program" . • Councilman Haake seconded and it was approved. Councilman Voile moved approval of RS87-30 regarding the application for Child Safety Seat Grant by the Jefferson Cit • • • Police Department. Councilman Haake seconded and it we: approved. UNFINISHED/NEW BUSINESS: Councilman Haake stated he wished to clarify his vote on Bill 87 181. He informed the Council that he thought the only its before the Council was whether or not it should be placed on tht ballot. Councilman Haake stated he felt it was an item the . should be 'voted on by the people and if it is reconsidered fo .1 future elections, it should be strictly whether or not it shoul•i be placed on the ballot. Councilman Masson stated he was in support of the lodging tax, bu . • as it was presented it would have been defeated by the voters Councilman Mason stated ho felt this issue might have been rushee into and there wan too much emphasis on having it placed on th=I April ballot. Councilman Schoulon stated he would like to see the Chamber g+ back and regroup and take a fresh look at thin issue and not lei it die. Councilman Scheulen oteted he would like an opportunit to hear both sides of the issue. Councilman Davis stated that as a voter he would like to have the knowledge of whore the money wan going and who was going to be ii charge of administering the program before he cast his vote, no after. # # # Director of Planning and Code Enforcement Tom Benton requests• the Council pay particular attention to the minutes from th. Liquor Control Board. Mr. Benton informed the Council the Boar, was in the process of developing rules and regulations and were becoming stricter in their enforcement of these rules an. regulations. Mr. Benton asked the Council to contact the Boar. if they had any suggestions or comments. # # # It was decided to have the Public Works and Planning Committe , meeting following the Council meeting, before the Executiv=� Session. # # # 1 Councilman Woodman presented the City Clerk with a petition fo . extra street lights on Country Ridge Drive. 280 REGULAR COUNCIL MEETING, FEBRUARY 1, 1988 • # # # Councilman Voile questioned the use of the right-of-way for a right turn lane at the corner of Stadium and Missouri Blvd. Public Works Director, Mike Bates stated that there was not sufficient right-of-way for a right turn lane and the use of the shoulder had been creating problems. The right-of-way has now been marked with yellow paint to warn motorists not to use it for a right turn lane. Police Chief Gary Kempker stated there had been a number of accidents at this intersection due to the use of • the right-of-way as a right turn lane. Chief Kempker stated the Police Department would continue to monitor the situation. # # # Mr. Duane Schreimann, a representative from TCI Cablevision of Missouri, Inc. addressed the Council regarding the franchise agreement. Mr. Schreimann stated TCI had attended the meeting with the understanding the agreement would be approved at this meeting. Mr. Schreimann asked the Council to state why these ordinances had been left on the Informal Calendar. Councilman Voile stated a bill may remain on the Informal Calendar for three meetings. He went on to state the proposed franchise is a lengthy document and the amendments were complex and felt it was warranted to wait another two weeks. Mr. Schreimann stated that it had been his understanding that until Monday morning, February 1, 1988, at approximately 9:00 a.m. , this agreement was going to be approved at this meeting. Mr. Schreimann stated he had obtained information that there was going to be a rate increase go into effect on April 1, 1988. After the disclosure of this information it was determined the bill would not be presented this evening. Mr. Schreimann stated that both parties had worked long and hard at obtaining this i agreement and he did not like to see it jeopardized by something the Council had no jurisdiction over. Mr. Schreimann stated he and the Company were disappointed at not entering into the agreement at this meeting. Councilman Voile stated ho did learn of the proposed rate increase by TCI . Councilman Voile stated his shock and dismay at the audacity of the Company to propose a rate increase on the day the agreement was scheduled to be approved. Councilman Voile reiterated his statement that the bill is complex and he felt the Council should take every opportunity to examine it carefully and make sure everything was in order. Mayor Gardner announced the Council would recess at this time and reconvene in open session following the Public Works and Planning Committee meeting. The Council returned to open session at approximately 8:40 p.m. and Councilman Woodman moved to go into Executive Session. Councilman Halsey seconded the motion and it was approved by the following vote: Aye: Barnicle, Borgmeyer, Gordon, Haake, Halsey, Mason, Scheulen, Voile and Woodman. Nay: None. Absent: Davis At approximately 9:50 the Executive Session ended. There being no further business, the meeting was adjourned.