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Home My Public Portal About19901119 R 428 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 A Regular Council Meeting of November 19, 1990, was called to order at 7 :30 P.M. with President Pro Tempore Kyle Mason presiding. i Prayer was offered by Councilman Judy Owens . The Pledge of Allegiance was led by City Administrator Dave Johnston. The following Council Members were present: Present: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veile, Vincent, and Woodman. Absent: None. A quorum was declared present. PUBLIC HEARING: The first item on the agenda was a public hearing to discuss Bill 90-110 regarding the banning of the sale of tobacco products to minors . President Pro Tampon) Mason informed those present that when the Clerk called their names , they should come to the podium to address the Council . The first person to speak was Mr. Gordon Howard, American Lung Association, representing Cole County . Mr. Howard stated the American Lung Association supports this bill and supports public health. Mr. Howard presented the City Clerk with information regarding the early ages tobacco use begins for distribution to the Council . Ms. Julio Hall, 108 Forest Bill, Jefferson City, addressed the 4 Council as a concerned parent. Ms . Hall stated that as the mother of two children, one age thirteen and one ago eight, she hoped the Council would seriously consider passage of this bill . r Mr. Mark Loethen, J.C. Sunshine Distributors, stated that while they support the bill and do not want to see minors obtain tobacco products, they do not want to see vending machines banned. I Mr. John Britton, 2719 Schellridge, stated that he had some problems with an amendment he had been told would be proposed to this bill . Mr. Britton stated that some of the wording was unclear in its meaning. Mr. Britton also suggested that there be penalties assessed to minors who have possession of tobacco products, just as there are penalties for possession of alcohol products . Mr. Gary Higgins, 134 Douglas Drive, stated he was a volunteer for }. F n .r ..,..i� w .ns..en , .. �. .. ... .,.n... .. .... ....., .,.... _. t .,... .,.i. ... .. .. .. . .. -.. 5 d .._...,.,, ,.«o.,..,..S. ;r?+� ss., ..�i _ .r.:;�e1, .> �� f. ;3.,¢. 429 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 the Cancer Society and also an operating room nurse. Mr. Higgins , stated that as a parent of a teenager who has chosen to use tobacco Y products despite his best efforts, he strongly urged the Council to ;: pass this bill . Mr. Higgins stated that tobacco is the only legal ', . addictive drug when used as intended will cause death, and that ' minors can purchase the product without having to show any rw' identification. , Councilman Owens asked Mr. Higgins if he would support penalties being assessed on minors who have possession of tobacco products . Mr. Higgins answered in the affirmative. ';~ Ms . Kathleen Carico, American Cancer. Society, Jefferson City, spoke in support of Bill 90-118 informing the Council that the use of tobacco is the most devastating and preventable cause of death. Councilman Feldman asked Ms . Carico what the position of the American Cancer Society was on penalties being annenuod to minors in possession of tobacco products . Mn . Carico stated that the Society has no official position an this time. Ms . Nancy Miller, 1410 fiumney, Mi uncu ri Department of Health, upoko in favor, of the bill . Mn . Miller !Mated that thorn In an effort: to combat the nun ai ctruqu in our youth, but the firut drug that Is seed in tobacco. Ms . Mt11cr ntratc.ad that 45 status already have ,' 1.ogiu1st.ton prohibiting the male of tobacco praducLsa to minors . Mu . Miller: staged I t wan the renpunu ibil.ily of adults to protect the welfare of the children, while they are too young to have the mental capacity, wi.udom and knowledge to make vital choicon. Councilman Gordon (inked Ma . Miller her personal opinion regarding penalties asisiossod to minors in possession of tobacco products . After some discussion, Ms . Miller stated her support of this penalty. Mr. Michael Benneke, a student teacher in Jefferson City, stated his support of this bill . Mr. t3enneke stated that at the present time, the schools are the only agency which prohibit the use of tobacco products by minors . Ms. Jackie Horton, State' s Office of Minority Health, spoke in support of this bill . Ms. Horton stated she supported this bill both professionally and as a parent. Ms . Horton stated that she would like to see some other type of penalty assessed to minors other than a fine, such as having to do some volunteer work in a cancer ward in a hospital . Dr. Bynum, 1114 Vineyard Square, spoke in favor of Bill 90-118 . Dr. Bynum stated that many times politics and economics are considered instead of pure medical facts . Dr. Bynum reviewed for 1 •'�'r"h.r.:ni , .' a:•L^..'ti%v'i}42 „r k'�'.K L% w'1,K. yt'; :G'tytl": s Z;""ev3�'`:.'i'?y �*Q�sc�"'�+w�r'eet°-+.��Y' . a t � .ys:. t'Sr, :°'-. -:,�.'S t • 1,1 •: .R t . j e r:A� Ss�w.r,-S2:F1:.a�:..-vz.�.. .y. ,-...3 rii�-�� t�-'�,4y,r1.-d_• #•,r� .-...�,.;r.a .. . ..t . .....,,.G.....m�............•> i o� ....a.".....,rx-,;ss..t:k .w o..,- ,.t. ,.._ ,x .;. .., .. ... - , -..<.i...t:yy 430 :" REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 j �I for parking this weekend. Mr. Lindsey stated that the Downtown i' }' Business Association had in the past paid for the City to run a shuttle service during the Christmas Season from Capital Mall to it downtown. Mr. Linds�-y stated the Association was requesting the N Council consider paying for this service this year. After some I, F discussion on the funding for this venture, Councilman Veile moved + the City Council approve the concept of the City paying for the shuttle bus service for shopping in the downtown area for the !1 Christmas Season. Councilman Scheulen seconded the motion. Marty Brose informed the Council that at the meeting of the Parking ■ Committee of the Transportation Commission, the Committee , recommended the City pay for the shuttle to the downtown area and also that no parking foes be collected for the Friday, Saturday and Sunday following Thanksgiving Day. Councilman Vincent stated that it was his understanding that when the Council lowered the amount of liquidated damages to be collected, one of the reasons giving for doing so was that revenue from parking fees collected would reimburse the City for the liquidated damages. After some discussion, Councilman Voile called for the question and Councilman lieissey seconded the call . A voice III vote proved inconclusive and a roll call, vote was called for by President Pro Tomports Meson. The call was approved by the 1 following vote: Aye: Gordon, Halsey, Masson, Schouten, Vetter, and Vincent. Nay: Feldman, lfeeko, Owens , and Woodman. rat e , The motion to approve the concept of paying for the shuttle service was approved. M8 . Shirley Crowssoy Bond stated she was speaking on her own behalf, not specifically on behalf of Reverend Larry Rico. Ms. Bond stated j that the Council had been given a problem to deal with that was not their responsibility. Mn , Bond stated that the "Church” had been given the responsibility for feeding, clothing, housing the homeless . After Ms . Bond had reviewed for the Council some of her history and experiences with homelessness, Councilman Halsey moved to have the Council take Ms . Bond' s continents into account for later ;' consideration. Councilman Veile seconded the motion and it was I approved. I CONSENT AGENDA: The Consent Agenda consisted of the following items : a) Council Minutes of 11/5/90 b) Preliminary Monthly Financial Statement - October, 1990 1 431 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 _ ammommi liawfaraaauaawaomlr► Councilman Gordon moved approval of the Consent Agenda. Councilman Halsey seconded the motion and it was approved. MINUTES/REPORTS RECEIVED AND FILED: President Pro Tempore announced the following minutes/reports had been received and were on file in the office of the City Clerk. .3. Parks & Recreation Commission 10/8/90; Parks & Recreation Commission RV Campground Ad-Hoc Committee 10/9/90; Jefferson City Board of Adjustment 10/9/90; Parks & Recreation Commission Special Meeting 10/22/90; Parks & Recreation Commission Recreation Activities Committee 10/22/90; Parks & Recreation Commission Special Meeting 10/29/90; Parks & Recreation Commission Parks Properties Committee 10/29/90; Solid Waste Committee 10/29/90 & 11/8/90; Departmental Monthly Reports BILLS INTRODUCED: Bill 90-126, sponsored by Councilman Schaulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VANLOO ELECTRIC ;, FOR ELECTRICAL SERVICES TO CITY BUILDINGS. Bill 90--126 was road first and second time by title and ordered distributed to members of the Council . Bill 90-127 , sponsored by Councilman Schoulon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FOUR SEASONS SERVICES FOR LANDSCAPE MAINTENANCE OF THE MUNICIPAL COMPLEX AND LONGVIEW CEMETERY. Bill 90-127 was road first and second time by title and ordered distributed to members of the Council. Bill 90-128, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE BUDGET OF THE CITY OF JEFFERSON, MISSOURI , BY APPROPRIATING FUNDS FROM THE GENERAL FUND TO VARIOUS CITY DEPARTMENTS. Bill 90-128 was read first and second time by title and ordered distributed to members of the Council. I 432 I REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 kVA # I ) # # Bill 90-129, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE I ;L MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FAMILY LIFE I BENEFIT INSURANCE FOR THE PURCHASE OF REAL ESTATE FROM THE CITY OF !I, JEFFERSON. is Bill 90-129 was read first and second time by title and ordered 11 distributed to members of the Council . # # # I(, Bill 90-130, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING SECTION �� 1I1 7-242 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI , BY REVISING 'I THE MEMBERSHIP OF THE CABLE QUALITY COMMISSION. Bill 90-130 was road first and second time by title and ordered distributed to members of the Council . # H # CBill 90-131, sponsored by Councilmen Meson, Halsey entitled: +1 AN ORDINANCE OF '!'UE CITY OF JEFFERSON, MISSOURI , AMENDING CHAPTER (1 26 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI , BY THE ADDITION 1' OF A NEW ARTICLE WHICH SHALL BE ENTITLED, `. IN .I' L` '_`.1.1t4I M.,RD ' . 1 Bill 90-•131 was road first and second time by title and ordered distributed to members of the Council . BILLS PENDING: Bill 90-115, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI , BY AMENDING SECTION 22-74 OF 3! CHAPTER 22 (P R I G TA DIN T PPINC) AS IT PERTAINS TO PARKING FEES. 1 Bill 90-115 was read third time by title and placed on final passage. Councilman Woodman requested this bill be withdrawn. # # # �. Bill 90-116, sponsored by Councilman Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 , SECTION 2-46 AND 2-47 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CONCERNING LEGISLATIVE COMMITTEES OF THE COUNCIL. 433 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 Bill 90-116 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11505 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Veils, Vincent, and Woodman. Nay: None. President Pro Tempore Mason read a letter that had been written by Mayor Gardner announcing her intent to appoint Councilman Feldman, Councilman Owens, Councilman Scheulen and Councilman Vincent to the Solid Waste Committee. # # # Bill 90-117, sponsored by Councilmen Voile & Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE DEBARMENT OF BIDDERS FOR PUBLIC WORKS IN ACCORDANCE WITH CERTAIN STANDARDS HEREINAFTER SET FORTH. Bill 90-117 was read third time by title and placed on final passage. Councilman Voile requested this bill be placed on the Informal Calendar. # # # Bill 90-118, sponsored by Councilman Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING CHAPTER 18 (U MIL #i._ . j ) THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO INCLUDE A NEW SECTION TO BE ENTITLED, mut PE' TQJ.ACCO TO MXNORO; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Bill 90-110 was road third time by title and placed on final passage. Councilman Feldman requested this bill be placed on the Informal Calendar. Councilman Feldman also requested a special work session by the Council to review this bill and to discuss the implementation of this bill . It was determined this would be discussed later in the meeting under New Business . # ## # Bill 90-119, sponsored by Councilmen Woodman & Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN CAPITAL ASSISTANCE GRANT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE PURCHASE OF THREE 17 PASSENGER WHEELCHAIR LIFT-EQUIPPED MINI BUSES AND SIX BUS STOP BENCHES. J Bill 90-119 was read third time by title, placed on final passage, H 434 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 and passed by the following vote as Ordinance No. 11506 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, Vincent, and Woodman. Nay: None. # # # Lail 90-120, sponsored by Councilman Woodman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE V (HANDICAPPED PARKING SPACES) OF SECTION 19-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI , BY THE ADDITION OF A PORTION OF WEST DUNKLIN STREET. 1 Bill 90-120 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11507 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, Vincent, and Woodman. Nay: None. # # # Bill 90-121 , sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , RELINQUISHING A CERTAIN EASEMENT FOR STORMWA'I'ER PURPOSES OVER LAND LOCATED IN WESTWOOD SUBDIVISION AND IN SWIFT AND THOMPSON SUBDIVISION, IN JEFFERSON CITY, MISSOURI . Bill 90-121 was road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11508 . Aye: Feldman, Gordon, Haako, Halsey, Mason, Owens, Schoulen, Voile, Vincent, and Woodman. Nay: None. I� # # # Bill 90-122, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE CONSTRUCTION OF FIRE STATION 5 . Bill 90-122 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11509 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, Vincent, and Woodman. Nay: None. # # # 435 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 Bill 90-123, sponsored by Councilman Veils, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED GRANTING A PERMANENT EASEMENT TO THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A PORTION OF WASHINGTON PARK. Bill 90-123 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11510. Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, Vincent, and Woodman. Nay: None. # # # Bill 90-124, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH I .A.F.F. LOCAL 671. Bill 90-124 wan road third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11511 . Aye: Feldman, Gordon, Hanko, halsey, Mason, Owens, Scheaulon, Voile, Vincent, and Woodman. Nay: None. # # # Bill 90-125, opont:orod by Councilman Schoulon, untitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT. Bill 90-125 wan read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11512 . Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Scheulen, Voile, Vincent, and Woodman. Nay: None. UNFINISHED BUSINESS: Councilman Owens questioned the City Counselor, Allen Garner, as to whether or not he had obtained an answer to the issue of the homeless selling their newspaper on a door-to-door basis and ; whether or not this required any type of permits. Mr. Garner stated that his office had done some research on this 'i *, _ .,:id'k�"v•S. :u�',+....'5, S, � t i.; ;ti+'- K r ,qu hEea��=a x^v�y l L�i':1.��tt,a n-� 9,•e:y.zt�:t r±:?:r'"fii.t t i n ah 7-5t�N?''.Y7` ti � 'i 9 �hy.. � I�: z,%:..L,,.b, } t m.rt ,.,,..:..�C�S�'J.ti N "':..`-.;...;.e'• �Y� � i � A ' d.,,g_. '. .? �' yi , ,.. -tat4'k, .h Y`*a.zt R ' ` Dy ti ?�a:,vn: ;i'alV5 A'\* a t "+ _i t,r tiei u 1 . -v,- " . . - i r< _ „-.,, 1436 a 1 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 iY '. hr } issue and that two factors were involved. The content of the h newspaper and disturbing the peace. Mr. Garner stated that more i� z x,. ,. information would to be obtained before a final determination could I 4:2:: be made. %=s I k:•3 :r .4 Councilman Feldman reviewed for the Council recent activities of i ` l , the Solid Waste Committee. Councilman Feldman stated there had 1 ' been some questions by the Committee as to the role of the ;; • t nit Consultants and their duties . Councilman Feldman stated that the ; ''; ! Committee had met with the Consultants to review and clarify the ,J M responsibilities of the Consultant . Councilman Feldman stated that ' Faf -,,I j a letter from the Consultant had been distributed prior to the Council Meeting and requested the Council accept the letter and direct the Consultants to proceed. Councilman Vincent seconded the motion and it was approved. 1r r NEW BUSINESS : 0,1:, I 3r;., Police Chief Gary Kompker reviewed for the Council. the report he ?, Ytit.tiY H had distributed regarding his meeting with Lincoln University to t 1 disscusss boundaries and the limitation of authority by Lincoln University Safety 0fficern . Chief Kempkor stated the meeting had b 11 een very positive and ho believed everyone involved was aware of �_ .•icy :, :i..'. ``` t:ho boundaries and limitations . �' y3.. City Adm.EninIrator Dave .Johnston was directed to select a mutually -^ ' • agreeable date, after the I tree of the year, for the work session t j, to discuss the reasst.rictisay of the sale of tobacco products to minors . Mx. Johnston is to present, thin date at. the) December 10 :;" Council meeting for appr,•ovai by the Council . 1I ` APPROVAL OF EXECUTIVE SESSION MINUTES: • Councilman Halsey moved approval of the Executive Session Minutes j'! of November 5, 1990 . Councilman Voile seconded the motion and it f� was approved. Ili I EXECUTIVE SESSION: 'I lj . 1 As there was no further. business to come before the Council, H Councilman Veile moved the Council go into Executive Session to i discuss Personnel as provided for in RSMo. 610 . 025 (3 ) . Councilman Halsey seconded the motion and it was approved by the following roll call vote: j{ 31 Aye: Feldman, Gordon, Haake, Halsey, Mason, Owens, Veile, 4' Vincent and Woodman. ;4 i 2 . .fi • 437 REGUALAR COUNCIL MEETING, NOVEMBER 19, 1990 Nay: Scheulen. ACTION TAKEN IN EXECUTIVE SESSION: ' 1111 Councilman Halsey moved to approve the City Administrator's �� recommendation of a 2% meritorious increase for Fire Chief Bob 1 Rennick. Councilman Gordon seconded the motion. After discussion !� as to the merit system and its purpose, Councilman Vincent moved the motion be amended to approve a 1% meritorious increase. 1 Councilman Feldman seconded the amendment. The amendment was approved by the following vote: 11, Aye: Feldman, Gordon, Haake, Owens, Scheulen, Veile, Vincent. ��! Nay: Halsey, Mason. Absent: Woodman. The motion as amended was approved by the following vote: E j Aye: Feldman, Gordon, Haake, Mason, Owens, Scheulen, Voile, and Vincent. �1 Nay: Halsey. 1! 1 1 1 1 1 11 •