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Home My Public Portal About19900319 251 REGULAR COUNCIL MEETING, MARCH 19, 1990 . A Regular Council Meeting of March 19, 1990, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Marvin Feldman. �' The Pledge of Allegiance was led by City Administrator Dave Johnston. The following Council Members were present: . ; Present: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Voile, and Woodman. Absent: Davis, Haake. ;a A quorum was declared present. • . PUBLIC HEARING: :i The first item on the agenda was a public hearing to discuss the Gross Receipts Utility Tax Roll Back. Mr. Gilbert Schanzmeyer, 416 Scholiridgo, said he felt the tax structure on the utility tax should be loft intact. This tax structure is designed to be synonymous with utility cost increases and that it would be in the best interests of the City and the taxpayer as a whole if it was not disrupted at this time. PRESENTATIONS FROM GALLERY: The first item on the agenda under presentations from the gallery was Thomas Reichard, 1021 Tanya, concerning the stop sign at Tower 'Drive and Tanya Lane. Mr. Reichard stated residents have requested that the City put up a 4-way stop sign at the intersection. There are a number of problems with this intersection, including sight distance, children crossing the street, left turns going either way and cars using the bumps in the street in particular going west on Tower, to see how high up in the air they can go. Mr. Reichard rotated these problems occur particularly after school. it xn view of the fact that a number of residents were in attendance (concerning this bill, Councilman Feldman moved that this bill be removed from the Informal Calendar and considered at this time. 11 (Councilman Mason seconded the motion and it was approved by the *ollowing roll call vote: ;; Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Voile and Woodman. s Nay: None. Bill 89-187, sponsored by Councilman Haake, entitled: ') . !AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE �E ;t II 252 REGULAR COUNCIL MEETING, MARCH 19, 1990 OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE G (STOP INTERSECTIONS) OF SECTION 19-401 BY ADDING TOWER DRIVE. Bill 89-187 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11390. Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Veile Woodman. Nay: None. # # # The next item on presentations from the gallery was ACCESS JC Guide and three people requested to speak on this matter. Richard Powell, 2325 Tanner Bridge Road asked for council support; Nan McDowell, 2909 Melody Lane, Columbia, Mo. speaking as a representative of Still Hospital Rehabilitation Center asked for the Council 's vote of confidence for this project; and Jim Casey, 1112 Moreau Drive, representing Cole County Residential Services Inc. , said there were some real benefits to providing this service to Jefferson City and he looked forwarded to cooperation with the City of Jefferson. Councilman Feldman requested that Resolution 89-36 be considered for passage at this time. As there was no objection, Councilman Feldman moved approval of Resolution 89-35 regarding the support for approval of the Acclj 5_.•s/JS..:.. 01DE by the Tourism Commission. Councilman Mason seconded the motion and it was approved. CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of 3/5/90 b) Monthly Financial Statement c) Approval of Mayor's Travel for Mayors of State Capital Cities Conference - May d) Approval of Mayor's Travel Request for U.S. Conference of Mayors - June e) Approval of the following bids: 1157 - Additions to Animal Shelter, Planning & Code Enforcement i Councilman moved for approval of the Consent Agenda. Councilman Halsey seconded the motion and it was approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes/reports had been received and were on file in the office of the City Clerk. 253 REGULAR COUNCIL MEETING, MARCH 19, 1990 _______7.________________.. ___ ...... . .. ____ _ ______ __ • barks & Recreation Commission 1/30/90; Planning & Zoning Commission ;I 2/8/90; Board of Adjustment 2/13/90; Traffic Safety Commission ,/8/90; Planning & Zoning Commission 3/8/90 .. Reports: Departmental Monthly Reports; City Administrator's Annual Report f ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced her intent to make the following appointment: a) Appointments to boards and commission: Animal Rescue Advisory Commission - Geneice Snow; Term to expire January 1993 ; Replacement for Irma Canada BI ,LB INTRODUCED: II Bill 89-195, sponsored by Councilman Owens, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF HOWERTON COURT, A SUBDIVISION OF THE CITY OF • JEFFERSON. Bill 89-195 was road first and nucond time by title and ordered distributed to members of the Council. # # # Bill 89-196, sponsored by Councilman Owens, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF GORDON FOREST ESTATES, A SUBDIVISION OF THE .CITY OF JEFFERSON. Bill 89-196 was read first and second time by title and ordered tfliatributed to members of the Council. Ii # # # j . till 89-197, sponsored by Councilmen Feldman & Haake, entitled: N ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 11,7, + - ' : . . • ► ; , , v __: ► • - : - • ► : , OF THE . ;CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING SECTION 17-207, NNUAL REVIEW OF LEVY, AND ENACTING A NEW SECTION 17-207 IN LIEU �I ,HEREOF. I .1 Bill 89-197 was read first and second time by title and ordered !I ',distributed to members of the Council. Councilman Scheulen moved that Bill 89-197 be amended to stipulate that the public hearing be ;i held before the Finance Committee, not the City Council. Councilman I' Feldman seconded the motion and it was approved. i. fi !f 254 REGULAR COUNCIL MEETING, MARCH 19, 1990 # # Bill 89-198, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE A (G) (SPEED LIMITS) OF SECTION 19-401 BY DELETING A PORTION OF EAST ELM STREET. Bill 89-198 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 89-199, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 10722 AMENI.:ING SCHEDULE G (MCP INTERSECTIONS) OF SECTION 19-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REMOVING STOP INTERSECTIONS WHERE HOBBS LANE AND OAK VALLEY INTERSECT COUNTRY CLUB DRIVE. Bill 89-199 was read first and second time by title and ordered distributed to members of the Council. Councilman Halsey moved that Bill 89-199 be amended by eliminating Section 2 and renumbering the subsequent section. Councilman Scheulen seconded the motion and it wan approved. # # Bill 89-200, sponsored by Councilmen Voile & Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 10722 AMENDING SCHEDULE G (; 'i,'Q,2. l'i'd . ;.Q,.LIQ ) OF SECTION 19-401 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REMOVING STOP INTERSECTIONS WHERE HOBBS LANE INTERSECT COUNTRY CLUB DRIVE AND PROVIDING FOR THE INSTALLATION OF A TRAFFIC CIRCLE ON COUNTRY CLUB DRIVE. Bill 89-200 was read first and second time by title and ordered distributed to members of the Council. # # # Bill 89-201, sponsored by Councilmen Halsey & Mason, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARRY CONSTRUCTION COMPANY, INC. , FOR THE ADDITION TO THE CITY ANIMAL SHELTER. Bill 89-201 was read first and second time by title and ordered distributed to members of the Council. Councilman Halsey requested a suspension of the rules for this bill . As there was no objection to the suspension, Bill 89-201 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11391. Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Veile and 255 REGULAR COUNCIL MEETING, MARCH 19, 1990 Woodman. Nay: None. SILLS PENDING: Bill 89-191, sponsored by Councilman Feldman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING SECTION 17-212 ENTITLED GROSS RECEIPTS UTILITY LEVY ROLLBACK. Bill 89-191 was read third time by title, placed on final passage. Councilman Feldman requested this bill be withdrawn. # # # Bill 89-192, sponsored by Councilman Halsey, 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 THE LEGAL DEPARTMENT. Bill 89-192 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11387 . Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Voile and Woodman. Nay: None. # # # Bill 89-193, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 11310 ADOPTING THE BUDGET FOR THE FISCAL YEAR 1989-90 BY AMENDING THE AUTHORIZED PERSONNEL CLASSIFICATION IN THE FIRE DEPARTMENT. Bill 89-193 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11388. Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Veile and Woodman. Nay: None. # # # Bill 89-194, sponsored by Councilman Scheulen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, GRANTING THE CITY pOUNSELOR AND CITY ADMINISTRATOR AUTHORITY TO SIGN RELEASES ON BEHALF OF THE CITY FOR CLAIMS UP TO TEN THOUSAND DOLLARS. I! ' pill 89-194 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 11389. Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Veile and { 256 REGULAR COUNCIL MEETING, MARCH 19, 1990 Woodman. Nay: None. RESOLUTIONS: Councilman Veile moved approval of Resolution 89-34 regarding adoption of a Safety Promotion Program. Councilman Halsey seconded the motion and it was approved. Councilman Veils moved approval of Resolution 89-36 regarding the support of opposition to use of Federal Highway Funds for deficit reduction or other non-highway purposes. Councilman Halsey seconded the motion and it was approved. UNFINISHED BUSINESS: There was some discussion on the proposed drafts of ordinances by Planning and Code Enforcement addressing housing concerns. Councilman Halsey expressed concern as to the need for those additional ordinances since the City already had ordinances to deal with these problems and if the problem wee one of enforcement of the existing ordinances. Planning and Coda Enforcement Director Tom Benton wan asked by the Council to address the questions on those drafts. Mr. Benton indicated there was a real need for these in that the proposed ordinances would strengthen existing ordinances and supplement what Planning and Code Enforcement is trying to do without additional staff. There was some additional discussion regarding the problem of vacant buildings and situations that can arise when buildings are boarded up. Councilman Scheulen stated that the Council members run into a lot of questions from their constituents about what is considered acceptable community standards. He indicated that there were two items he felt needed to be dealt with: 1) Control blighting in older neighborhoods, and 2) Community standards dealing with aesthetics. He said he felt there was a need to set some sort of standards, but not get too dictatorial on the issue. He asked Mayor Gardner if she would appoint a committee from all socio-economic backgrounds in the City to make some recommendations to the Council concerning aesthetics and community standards. Mayor Gardner said she thought = it was a good idea and she would appoint a variant of people to comprise this committee. # # # Dave Johnston advised the Council that April 1, 1990, is the anniversary date of the City's acquisition of the Gray's Creek 257 REGULAR COUNCIL MEETING, MARCH 19, 1990 _____i_. portion of the Regional Sewer District and the agreement stated the rates would not be affected for one year. Effective April 1 the ` rates in the Gray's Creek portion that is now administered by the City would be the City's rates which are already on the books. There Will be a rate change. The impact is a reduction for probably 99% of the customers in that area. Councilman Voile expressed his concern that the people in the City limits would be paying one rate and the people outside the City limits would be paying another rate. He also expressed concern of dealing with a lot of people hooked up to the system who were not in the City limits and the possible decrease in revenue each year to the City. Dave Johnston indicated the City was going to a uniform rate for all customers. Councilman Scheulen said the Council should proceed forward with this change and moved to approve the sewer user rates. Councilman Gordon seconded the motion and it as approved, with Councilman Voile cast the only dissenting vote. NEW BUSINESS: IIICouncilman Macon indicated he wan in favor of waiving the special tax lion as per the request of the Diblaway Church. Councilman Mason stated that ho felt to do no would net a precedent the city might not want to follow. Councilman Marion then moved that the tax lien not be waived but that the church pay back the City the amount owed on an interest-free basin over a ton year period. Councilman Feldman seconded the motion. councilman Voile asked if this would be setting a precedent and Dave , Johnston said it would be. Councilman Mason said that in the spirit of compromise the Council should pasta the motion. City Counselor Allen Garner advised this rained some legal questions, concerning constitutional problems with governmental aid to a religious organization. Councilman Halsey requested the matter be tabled until the Legal Department has researched the issue. Councilman Mason withdrew the motion for discussion at the next Council meeting and pending research by the Legal Department. Council Feldman withdrew his second. # # # City Counselor Allen Garner recommended the City file an intervention and participate in the Public Service Commission Certificate of III ' Necessity case for former RSD area. Mr. Garner indicated this case included all of Cole County and part of Callaway County. Councilman Halsey made a motion to accept the City Counselor's recommendation and to proceed with filing an intervention in this case. Councilman Woodman seconded the motion and it was approved. # # # 258 REGULAR COUNCIL MEETING, MARCH 19, 1990 . Councilman Feldman said he thought there was a need for serious . discussion on stop signs in the Public Works Committee and also a need to discuss the entire issue of traffic control. Councilman ' Feldman then made a motion to have a meeting of the Public Works , Committee to discuss traffic safety. Councilman Scheulen seconded the motion and it was approved. # # # Councilman Halsey expressed his concern with the petition process . and how it should be handled. He asked City Counselor Allen Garner '. to prepare a "petition process" for all forms of petitions, outlining who the petition goes to and how it should flow through the system. # # # Councilman Halsey asked Public Works Director Mike Bates to caution Public Works to remind contractors working on City projects to clean up after themselves after they pull out of a muddy area and onto the • City streets. Councilman Halsey thanked City Administrator Dave Johnston for talking to the Council candidates and for inviting them to the Council meeting. APPROVAL OF EXECUTIVE BEBBION MINUTES: Councilman Voile moved to approve the Execution Session Minutes of February 5, 1990. councilman Mason seconded the motion and it was approved. 11 I jt4 3; ij ri 259 REGULAR COUNCIL MEETING, MARCH 19, 1990 j�:�Y3CUTIVE 8E381ON: 11 iI !! :Council Gordon moved the Council go into Executive Session to discuss •as provided for in RSMo. 610.025 (1) . Councilman Halsey rpeconded the motion and it was approved by the following roll call Vote: !i Aye: Feldman, Gordon, Halsey, Mason, Owens, Scheulen, Veils and Woodman. ' Nay: None. RETURN TO OPEN SEBBION: Councilman Hooke who had been unable to attend the first session of the Council meeting arrived at 9:30 p.m. and requested the Council go back into open session after the conclusion of the Executive Session. At 9:35 p.m. the Council went back into open session. Councilman Haako stated that it was his desire to express his displeasure concerning Bill 89-187, which he sponsored, being pulled off the Informal Calendar and voted on in his absence. Ho indicated the Bill was put on the Informal Calendar for a specific reason and • that he had obtained additional information of which the Council was not aware of at the present time. AD1OURN: As there was no further business to come before Council, Councilman Halsey moved the mooting be adjourned. Councilman Mason seconded the motion and it was approved. They Council mooting was adjourned at approximately 9:40 p.m. 1S t3 ! li