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HomeMy Public PortalAbout19930503 77 REGULAR COUNCIL MEETING, MAY 8, 1995 The Regular Council Meeting of May 3, 1993, was called to order at 8:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Byrd followed by the Pledge of Allegiance. The following Council Members were present: Present: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey, Nilges, and Wrigley Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY: Jay Jordan, President of the Jefferson City Chapter of the Missouri Society of Professional Engineers, 2052 Honeysuckle Lane, appeared before the Council to request an amendment to Bill 93-4 (Reorganization of City Departments) requiring appointments to positions of Director of Community Development and Director of Public Works be professional engineers. Tom Hale, 642 Belmont, appeared before the Council as spokesman for a group of residents from Belmont Street and Glendale Street. The group wished to complain about inadequate sewage and stormwater disposal in their area. The problems of sewage backup into homes and street erosion due to inadequate stormwater provisions have been present in the area for over a year. Councilman Haake agreed to place this item on the Public Works and Planning Committee's agenda to give the Public Works Department an opportunity to investigate and report on the problem. Councilman Halsey requested that the problems be reviewed City-wide, not just in the Third Ward. CONSENT AGENDA; The Consent Agenda consisted of the following items: a) Council Minutes of April 19, 1993 b) Approval of the following bids: Bid 1391 • Allison Transmission Repairs, Transportation, to Clark Detroit Diesel, St. Louis, MO. ' Bid 1392 • Oil and Grease, Transportation, to Luebbering Oil, Cedar 11 City, MO 78 REGULAR COUNCIL MEETING, MAY 3, 1993 Bid 1393 - Fire Hose, Fire Department, to Towers Fire Apparatus, Freeburg, IL Bid 1394 - 1993 Cold Milling Project, Public Works, to Columbia Curb & Gutter Co., Columbia, MO Bid 1395 - 1993 Asphalt Overlay Project, Public Works, to Jefferson Asphalt Co., Inc., Jefferson City, MO c) Boards & Commission Appointments: Parks and Recreation Commission Kay Toft, reappointment, term to expire June, 1996 Brad Hutchison, reappointment, term to expire June, 1996 Eugene Bushman, reappointment, term to expire June, 1996 Historic Preservation Commission Chip Buckner, reappointment, term to expire December, 1995 Fire Pension Board Charles Pierce, term to expire August, 1995 Planning & Zoning Commission Ken Kustor, reappointment, term to expire May, 1997 Janice McMillan, reappointment, term to expire May, 1997 Larry Kolb, alternate, reappointment, term to expire May, 1997 USS Jefferson City Submarine Committee Jim Haake, term to expire April, 1998 Fire Personnel Board Councilman Mary Bortol Dick Moore John Kolb Barbara Rackers Jacqueline Horton Rich O'Neal Mark Boyer Terms to expire February, 1994 First Responder Ad Hoc Committee Councilman Rick Nilges Councilman Jim Haake Councilman Randy Halsey Albert Bernskoetter 79 REGULAR COUNCIL MEETING, MAY 3, 1993 Ed Reser Bob Weber Karen Pletz Terms to expire February, 1994 Library Board Larry Rushing, replaces Tina Jordan, term to expire 6/96 d) Deny request from Bibleway Church of Our Lord Jesus Christ of the Apostolic Faith, Inc. for special tax bill abatement - #14387, as recommended by Public Works & Planning Committee. Mayor Gardner announced that the Appointment Review Committee had met and approved the appointment of Larry Rushing to the Library Board. Councilman Halsey requested that the minutes of April 19, 1993 be corrected to state "Lincoln University staff'instead of"Lincoln University Extension Center" under Bill 92-164. Councilman Byrd moved for approval of the consent agenda items with the exception of item c, "Boards & Commission Appointments" but including the appointment of Larry Rushing to the Library Board. Second by Councilman Bornskoetter and approved. Mayor Gardner announced that she was withdrawing the remaining appointments. MINUTES/REPOR'I'B RECEIVED AND FILED: Mayor Gardner announced the following minutes/reports had been received and were on file in the office of the City Clerk. Housing Authority 2-11-93; Environmental Quality Commission 3-25-93; Transportation Commission 4-20-93 ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced that the 'Yard of the Month Award" was awarded to Greg and Lori Steinbeck, 1904 Vieth Drive for May, 1993. The award is sponsored by the Commission on Environmental Quality and selected by the Hawthorn Garden Club. Mayor Gardner announced that May 2-8, 1993 was proclaimed "Tourism Week." Mayor Gardner announced that May 9-15, 1993 was proclaimed "Historic 11 Preservation Week." She presented the proclamation to Mary Ann Caplinger, 11 . 80 REGULAR COUNCIL MEETING, MAY 3, 1993 ( � Chairman of the Historic Preservation Commission. BILLS INTRODUCED: is BILL 93-10, sponsored by Councilman Haake, entitled: ? AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 1993 OVERLAY PROJECT. ii BILL 93-11, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLUMBIA CURB AND GUTTER, INC. FOR THE 1993 COLD MILLING PROJECT. 1 1 BILL 93-12, sponsored by Councilman Nilges, entitled: }! AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 7 AS IT PERTAINS TO BOARDS AND COMMISSIONS BY ADDING VOTING MEMBERS WHO ARE COUNCIL MEMBERS. I` Councilman Nilges requested that Bill 93-12 bo included on the agenda for the Council work session scheduled for May 10th. BILL 93-13, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBSTITUTE AGREEMENT WITH ICMA RETIREMENT CORPORATION FOR A DEFERRED COMPENSATION PLAN. BILL 93-14, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING i THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED LEASE WITH FISCHER GRAIN FARMS TO LEASE CERTAIN AGRICULTURAL PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT, I! a BILL 93-16, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED LEASE WITH LINCOLN UNIVERSITY TO LEASE CERTAIN AGRICULTURAL PROPERTY AT i THE JEFFERSON CITY MEMORIAL AIRPORT. BILL 93-16, sponsored by Councilmen Nilges and Bernskoetter, entitled: - i 81 REGULAR COUNCIL MEETING, MAY 8, 1998 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 11813, THE 1992-93 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY CHANGING, ADDING AND DELETING CERTAIN POSITIONS PERTAINING TO THE PUBLIC WORKS AND THE PARKS AND RECREATION DEPARTMENTS WITHIN THE PERSONNEL SCHEDULE OF FULL TIME POSITIONS. Councilman Halsey requested that the sponsors of the bill consider reclassification of the entire staff which the Council has comtemplated for the last few years. Councilman Bernskoetter explained that the bill was drafted due to current vacancies and the repositioning of staff in those departments. BILL 93-17, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH HOWARD CERINI, CERINI INVESTMENTS DMB/A HERTZ RENT-A-CAR LICENSEE. Bills 93-10 through 93-17 were read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: BILL 93-1, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE UTILITIES EASEMENTS TO UNION ELECTRIC COMPANY, UNITED TELEPHONE COMPANY AND TCI CABLEVISION, INC. FOR THE CAPITAL DISTRICT-REGIONAL WEST, DOWNTOWN UNDERGROUNDING PROJECT AND TO EXECUTE THE NECESSARY DOCUMENTS CONNECTED THEREWITH. Bill 93-1 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11889: Aye: Benton, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: None Abstained: Bernskoetter BILL 93-2, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR REPAIRS AND IMPROVEMENTS AT THE JEFFERSON CITY " MEMORIAL AIRPORT. 82 REGULAR COUNCIL MEETING, MAY 8, 1998 Bill 93-2 was read third time by title, placed on final passage and passed by the 11 following vote as Ordinance 11890: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley !' Nay: None BILL 93-3, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF COLONIAL HILLS ESTATES, SECTION 6, A ; SUBDIVISION OF THE CITY OF JEFFERSON. Bill 93-3 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11891: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None 1. BILL 93-4, sponsored by Councilman Bertel, entitled: !! AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 2 AS IT PERTAINS TO ADMINISTRATION. Councilman Bertel requested that Bill 93-4 be placed on the Informal Calendar and • that a work session be called to discuss the reorganization plan, Councilman Bornakoettor objected to the delay on behalf of the Planning & Code Enforcement Department staff members who have been without a director for four months. He stated it is not fair to staff to cause further delays in hiring a replacement. Mayor Gardner stated a work session would be held on Monday, May 10th, to discuss reorganization. BILL 93-5, sponsored by Councilmen Bernskoetter and Benton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7, BOARDS AND COMMISSIONS, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ELIMINATION OF CERTAIN BOARDS AND COMMISSIONS, COMBINING CERTAIN ONES AND PROVIDING FOR DESCRIPTIVE DUTIES AND AMENDING SECTIONS 8-3.E AND 8-5.J OF CHAPTER 8 AS THEY PERTAIN TO THE ELECTRICAL BOARD AND PLUMBING ; I BOARD, RESPECTIVELY. A...mm[1 1 � l � 83 REGULAR COUNCIL MEETING, MAY 8, 1998 Councilman Nilges moved to amend Bill 93-5 by amending Section 6 as follows: DIVISION 6. TRANSPORTATION AND TRAFFIC COMMISSION Sec. 7-92. Members and chairman. A. The Transportation and Traffic Commission shall consist of ten(10) members all of whom will be residents of the City of Jefferson, one of whom is to be a member of the City Council. He further moved to amend Bill 93-5 by amending Section 7 to read as follows: DIVISION 19. BOARD OF LICENSE EXAMINERS AND REVIEW Section 7-301. Members,qualifications,appointment,terms and officers. The Board shall consist of eight (8) seven-(7-) members: the Electrical Inspector of the City of Jefferson; the Plumbing Inspector of the City of Jefferson; the Director of Community Development; two individuals engaged in contract work involving either electrical or plumbing work; a journeyman electrician; and a master plumber or journeyman plumber; and one member of the City Council. The Board shall be appointed by the Mayor with the consent of a majority of the members of the City Council for a term of three (3) years and shall serve until their successors are duly appointed and shall be qualified. The appointments of the Board members shall be made every three (3)years and they shall servo without pay. The members of the Board shall choose the Chairman of the Board from those persons confirmed as regular members by the City Council. The Chairman shall serve for a one-year term. Tho Chairman shall be a voting member although he is not permitted to make motions. The Board may pick a Vice Chairperson and any other officers they deem necessary. Motion to amend Bill 93-5, as road by City Clerk, was seconded by Councilman Bernskoetter. Councilman Halsey requested that Bill 93-5 be placed on the agenda for the upcoming Council work session for reorganization. Councilman Benton requested Bill 93-5 be placed on the Informal Calendar and placed on the agenda for the Council work session on May 10th. Motion to amend Bill 93-5 was withheld from consideration. BILL 93-6, sponsored by Councilman Haake, entitled; ; AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND s i DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF WEATHERED 11 ROCK DRIVE AND STATE ROUTE B. • . .84 REGULAR COUNCIL MEETING, MAY 3, 1993 -- 1 Bill 93-6 was read third time by title, placed on final passage and passed by the I following vote as Ordinance 11892: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-7, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING ! A UTILITY EASEMENT WHICH WAS RETAINED WHEN AN ALLEY RIGHT-OF- WAY RUNNING EAST FOLLOWING STADIUM BOULEVARD AND THEN SOUTH AWAY FROM STADIUM BOULEVARD WAS VACATED. Bill 93-7 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11893: jj Aye: Benton,Bernskoetter,Bartel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93.9, sponsored by Councilman Bernskoetter, entitled: I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GREEN i; HORIZONS GARD EN CENTER, INC. •, 1 Bill 93-9 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11894: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Hanko,Halsey,Nilges and Wrigley Nay: None UNFINISHED BUSINESS: f n ne Councilman Halsey asked the purpose of the visit to Jefferson City by the Army Corps of Engineers. City Administrator Dave Johnston reported that the Corps would be conducting a meeting on May 25th to obtain input from residents and I property owners on the levy project. Hwv. 63/50 Median Barrier Councilman Halsey asked the status of the request for a median barrier between the eastbound and westbound lanes of Hwy. 63/50. Public Works Director Chan Russell agreed to follow-up on the request with the Missouri Highway and Transportation Department and to report back to the Council, 85 REGULAR COUNCIL MEETING, MAY 8, 1998 1101•. • ____ -- piscrimination. Allegations, Councilman Halsey stated that the letters of March 12 and April 15, 1993, charging discrimination, had not been responded to by the Mayor and that Bill Wickam of the Justice Department was becoming involved in the dispute. Councilman Halsey made a motion that the Council, with the City Administrator and signed by the Mayor, answer the letters of March 12 and April 15, 1993, identifying problems and/or justifying the City's position. Councilman Bernskoetter seconded the motion for discussion. Mayor Gardner stated that she had invited Mr. Steward, the spokesman for the group, to meet with her and he had refused. She further stated that she would be willing to sit down with him to discuss the problems and accusations and to clarify the facts from misinformation. Councilman Halsey stated that a formal letter, signed by fifteen different group representatives in Jefferson City, had been received and he felt the letter deserved to be responded to in writing. Councilman Green agreed that the letters should be answered in writing,however,Mr. Steward showed bad faith by not meeting with the Mayor when invited to do so. Councilman Green asked if the Mayor would invite Mr. Steward to meet with her again and that she send the invitation in writing by certified mail. Mayor Gardner agreed. Motion by Councilman Halsey was approved by the following roll call vote: Aye: Benton,Bernskoetter,l3ortol,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None Mayor Gardner stated that the City Administrator would draft and sign the letter since the separation of power prohibits the Council from giving orders to the Mayor. iverboat Gambling Councilman Benton asked if representatives from FEMA or the Army Corps of Engineers would be available at the upcoming Finance Committee meeting when Riverboat Gambling Proposals will be discussed. He voiced concern over flood plain problems and the riverboat proposals. City Administrator Dave Johnston stated that he had a report from the Army Corps of Engineers and it would be included in the packet for the Finance Committee meeting. He doubted if a representative of the Corps or FEMA would be present at the meeting, Mayor Gardner read a report entitled "Gaming and Gambling: Playing to Win"which ;; she had written after attending a forum on gambling conducted by the Conference of Mayors on April 29-May 1, 1993 in New Orleans, LA. A copy of the report was • 86 REGULAR COUNCIL MEETING, MAY 3, 1993 distributed to Council members. Councilman Nilges and Councilman Green stated that the concerns expressed by the Mayor had been discussed and considered during I the Riverboat Gambling Committee meetings. Councilman Benton and Councilman Haake requested that Dick Preston, City { Planner, attend the Finance Committee meeting to answer any questions the !, Committee may have about the flood plain problems and current regulations. Mr. • {I Preston agreed to attend. Councilman Bemnskoetter requested that City staff members be invited to attend the t: Finance Committee meeting so that their input could be obtained on riverboat j!3 gambling issues. NEW BUSINESS: a 'I I{ Falling Rock Barricade on Hwy. 60/63 I Councilman Halsey and Councilman Benton asked if the barricade erected on Hwy. !I 60/63 on the eastend was temporary or permanent. It is unsightly and looks temporary. Public Works Director Chan Russell agreed to investigate and report back to the Council, } EXECUTIVE SESSION: `' Councilman Wrigley moved for Council to go into Executive Session to discuss real estate acquisition. Second by Councilman Bornskoottor and approved by the following roll call vote: Aye: Benton, Bernskoettor, Bortol, Byrd, Estes, Green, Haake, Nilges and Wrigley r Nay: Halsey ' ADJOURN: There being no further business to come before the Council, meeting adjourned at approximately 10:16 p.m. I