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HomeMy Public PortalAbout19930607 100 REGULAR COUNCIL MEETING, JUNE 7, 1993 The Regular Council Meeting of June 7, 1993, was called to order at 7:50 P.M. with i 4 Mayor Louise Gardner presiding. 1, Prayer was offered by Councilman Bernskoetter followed by the Pledge of Allegiance. The following Council Members were present: Present: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey, 1 Nilges Absent: Wrigley } A quorum was declared present. } PRESENTATIONS FROM THE GALLERY: Lucy Sjoblom, 1307 Moreland Drive, Chairman of the Environmental Quality Commission appeared before the Council to request approval of Bills 93-27 and 93-28. Linda Landon, 611 Bolridge Drive, President of the River Bluffs Audubon Society, Jefferson City Chapter,appeared before the Council to request approval of Bills 93-27 and 93-28. Mark Towner, 826 Cari Ann Drive, Vice-President of Towner Communications, appeared before the Council to oppose Bill 93-21 on the grounds that the proposed Centrex service was not competitively bid. Councilman Halsey suggested that a Council work session be hold to discuss this complex issue and and to address Mr. �1 Towner's concerns. City Administrator Dave Johnston agreed to prepare a written report, responding to Mr. Townor's comments, for the next Council meeting. Councilman Nilges requested a seven-year projection for both United Telephone and ; Towner Communication proposals. 1 George Drake,300 Kent Street,employed by United Telephone Company,appeared before the Council to respond to some of the comments made by Mr. Mark Towner. Police Chief Gary Kempker appeared before the Council to present an appreciation 11 award to Mr. and Mrs. Gary Phillips, owners of Marvic Roller Rink, for their !; participation in the DARE Program. Er 1 101 REGULAR COUNCIL MEETING, JUNE '7, 1993 CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of May 17, 1993 Special Council Meeting Minutes of May 24, 1993 b) Approval of the following bids: Bid 1396 - Water Pipe and Accessories, Public Works to KC Winwater Works, Columbia, MO Bid 1397 - Fire Rescue Pumpers, Fire Department to Pierce Manufacturing, Appleton, WI Bid 1398 - Mulberry/Dunklin Street Stormwater Project, Public Works to J. C. Industries, Inc., Jefferson City, MO Bid 1403 - Hyde Park Brush Grinding Project, Public Works to Henley Land Management, Inc., Pleasant Hill, MO Bid 1404 - Recycling Newsprint, Planning &Code Enforcement to MRS Company, Jefferson City, MO c) Appointments to Boards and Commissions: Parks and Recreation Commission Kay Toft, reappointment, term expires 8/96 Brad Hutchison, reappointment, term expires 6/98 Eugene Bushmann, reappointment, term expires 8/96 Historic Preservation Commission Chip Buckner, reappointment, term expires 12/95 Fire Pension Board Charles Pierce, replaces Michael O'Rourke (deceased), term to expire 8/95 Planning & Zoning Commission Ken Kuster, reappointment, term expires 5/97 Janice McMillan, reappointment, term expires 5/97 Larry Kolb, reappointment as alternate, term expires 5/97 USS Jefferson City Submarine Committee a Jim Haake, term expires 4/96 t} E Cable Quality Commission Donna White, replaces Bob Hyder, term expires 6/96 1 f ,t . 102 REGULAR COUNCIL MEETING, JUNE 7, 1993 d) Renew heating, air conditioning and refrigeration service agreement with Harold G. Butzer, Inc. e) Renew lease with Missouri Dept. of Conservation for property located at the Jefferson City Memorial Airport. Councilman Nilges requested that Bid 1397 be tabled until next Council meeting. He would like a recommendation from the First Responder Committee. Councilman Byrd moved for approval of the Consent Agenda items with the exception of Bid 1397, second by Councilman Benton and approved. Councilman Bertel reported that the Appointment Review Committee met and 3 approved the above appointments and had not approved the appointments to the Fire Personnel Board and the First Responder Committee due to debate. Mayor Gardner {= pointed out to the City Clerk that the Fire Personnel Board and the First Responder } Committee appointments were erroneously left off the agenda. is MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes/roports had been received and were on file in the office of the City Clerk. Solid Waste Committee 4/8/93; Thomas Jefferson Library Board 4/20/93; !j Environmental Quality Commission 4/29/93; Public Works & Planning Committee 8/6/93; Board of Adjustment '8/11/93; Planning & Zoning Commission 6/13/93; Electrical Examiners 6/21/93; Firefighter's Retirement System Board 5/27/93 ANNOUNCEMENTS BY MAYOR: f Mayor Gardner distributed copies of the proposed Capital Improvement Budget for 1998`97. The Capital Improvement Budget for 1993-97 will be presented for Council approval at the June 21st Council meeting. Mayor Gardner distributed copies of the Council liaison appointments to boards and commissions and requested Council approval. Councilman Halsey asked to be notified prior to public announcement of his appointment. Councilman Bernakoetter requested that he be replaced on the Board of Adjustment due to not being able to attend morning meetings. After discussion, Councilman Halsey moved to table the appointments until Council has had an opportunity to review the Mayor's recommendations, second by Councilman Green and approved. • 103 REGULAR COUNCIL MEETING, JUNE 7, 1998 Mayor Gardner distributed copies of the Directory of Boards and Commission for City of Jefferson, revised June, 1993, to Council members. t' t Mayor Gardner asked for approval of the Council Meeting Schedule which was distributed to Council members in the packet. Councilman Bertel moved for approval of the Council Meeting Schedule, second by Councilman Bernskoetter and approved. Mayor Gardner announced that a Council photo session is scheduled prior to the July 19th Council meeting and asked that the City Clerk send a reminder to Council I members. BILLS INTRODUCED: BILL 93-30, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR STORMWATER DRAINAGE PURPOSES ON PROPERTY LOCATED ON MISSOURI BOULEVARD AND DIX ROAD. BILL 93-31, sponsored by Councilman Haako, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN SANITARY SEWER EASEMENT ON PROPERTY LOCATED AT STADIUM BOULEVARD AND JEFFERSON STREET. BILL 93-32, sponsored by Councilman Haako, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES, INC. FOR THE MULBERRY STREET AND DUNKLIN STREET STORMWATER PROJECT. BILL 93.33, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF EL MERCADO PLAZA, A SUBDIVISION OF THE CITY OF JEFFERSON. BILL 93-34, sponsored by Councilman Bernskoetter, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MRS COMPANY FOR THE COLLECTION AND RECYCLING OF NEWSPAPER. BILL 93-35, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO M' 104 REGULAR COUNCIL MEETING, JUNE 7, 1998 PURCHASE EQUIPMENT FOR THE GENERAL PUBLIC TRANSPORTATION If PROJECT TO BE FUNDED UNDER SECTION 3 OF THE FEDERAL TRANSIT ACT, AS AMENDED. BILL 93-36, sponsored by Councilman Bernskoetter, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HENLEY II LAND MANAGEMENT INC. FOR THE COMPOST SITE BRUSH GRINDING PROJECT. Councilman Bernskoetter requested suspension of the rules for Bill 93-36 so that Henley Land Management Inc. can begin the brush grinding at the compost site as scheduled. There were no objections. Bill 93-36 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11915: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and Nilges Nay: None BILL 93-37, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ;1 THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT AID AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI HIGHWAY AND 'i TRANSPORTATION COMMISSION TO FUND AIRPORT IMPROVEMENT PROGRAM PROJECTS AT THE JEFFERSON CITY MEMORIAL AIRPORT. ij BILL 93-38, 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 4, ALCOHOLIC BEVERAGES, PERTAINING TO SUNDAY LIQUOR SALES AND 1 RELATED TOPICS. i Councilman Nilges requested suspension of the rules for Bill 93-38 so that City �1 Sunday liquor licenses can be issued to retailers immediately as allowed by State law. There were no objections. Bill 93-88 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11916: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay; None BILL 93-39, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PIERCE ff MANUFACTURING FOR THE MANUFACTURE AND DELIVERY OF TWO �; 11 105 REGULAR COUNCIL MEETING, JUNE 7, 1993 RESCUE PUMPERS. Bills 93-30 through 93-39 were read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: BILL 93-18, sponsored by Councilmen Haake and Benton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ELIMINATING THE APPOINTMENTS REVIEW COMMITTEE OF THE COUNCIL AS SET OUT IN SECTIONS 2-46 AND 2-47. Bill 93-18 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11906: Aye: Benton, Bernskoetter, Byrd, Estes, Green, Haake, and Halsey Nay: Berth! and Nilgos BILL 93-19, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED, Councilman Byrd requested that Bill 93-19 be placed on the Informal Calendar for further review by City staff. BILL 93-20, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 7- 244.K OF CHAPTER 7 AS IT PERTAINS TO THE CABLE QUALITY COMMISSION. Bill 93-20 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11907: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-21, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED TELEPHONE COMPANY FOR CENTREX SERVICE. li 106 REGULAR COUNCIL MEETING, JUNE 7, 1993 Councilman Nilges requested that Bill 93-21 be placed on the Informal Calendar for further review. BILL 93-22, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE ii CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J (PARKING PROHIBITED OF SECTION 19-401 BY ADDING A PORTION OF MILLER STREE . Bill 93-22 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11908: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None 1 j BILL 93.23, 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 G (STOP INTERSECTIONS) OF SECTION 19-401 BY ADDING ORCHARD LANE AT WESTERN AIR DRIVE. Bill 93-23 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11909: Aye: Benton, Bornskoottor, Hertel, Byrd, Estes, Green, Haako, Halsey and Nilges Nay: None BILL 93-24, sponsored by Councilman Haako, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE „ CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE I H D IDRI JEOF SECTION 19-401 BY ADDING HIBERNIA ROAD AT WE Bill 93-24 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11910; I Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-26, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE II I CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE ; J (PARKING PROHIBITED) OF SECTION 19-401 BY REVISING THE NO 107 REGULAR COUNCIL MEETING, JUNE 7, 1998 PARKING ZONES ON TANNER BRIDGE ROAD. Bill 93-25 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11911: Aye: Benton, Bernskaetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-27, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 35- 81 OF CHAPTER 35 BY THE ADDITION OF A NEW SECTION (D) AS IT PERTAINS TO NON-CONFORMING USES. Bill 93-27 was read third time by title. Councilman Green read a report from Acting Planning & Code Enforcement Director Dick Preston addressing the issue of City parking lots in non-compliance of the tree planting requirement in the Code. Councilman Nilges moved to amend Bill 93.27 by changing Section 35.81,subsection D to read: D. Non-Conforming Off-Street Parking Lot. An off-street parking lot which contains more than 20 spaces and which lawfully existed prior to November 21, 1972, but which does not conform to the landscape planting requirements of this chapter is non-conforming. The structures ' served by the lot shall not be enlarged nor structurally altered nor shall any new structure be located on the premises until: (1) the non- conforming lot conforms to the landscape requirements, or (2) an amount equal to testy-pereent not less than ten percent (10%) of the costs of the proposed building improvements has been expended directly toward the installation of the trees needed to meet the landscape requirement. If the property owner can prove that these minimum planting requirements would cause an unusual economic hardship the requirements may be varied by the Board of Adjustment. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. Second by Councilman Green and approved. Bill 93-27, as amended, was placed on final passage and passed by the following IlI; vote as Ordinance 11912: 1' Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, and Halsey Nay: Haake and Nilges E f: { 108 REGULAR COUNCIL MEETING, JUNE 7, 1998 BILL 93-28, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 36- 1 64.A.9 OF CHAPTER 35 AS IT PERTAINS TO LANDSCAPE PLANTING t; REQUIREMENTS. 11 Bill 93-28 was read third time by title. Councilman Nilges moved to amend Bill 93- j 28 by changing Section 35-64.A.9.g.1 to read as follows: g. Maintenance and Enforcement Required. 1. Trees and shrubs shall be maintained in good condition and replaced where necessary to ensure the continuation of the planting or landscape plan as approved. Upon failure to do so, the Director of Planning shall have the power to prohibit parking until maintenance or replacement is completed provided that at least 45 days has elapsed since the notice of violation was sent. Councilman Nilges further moved to amend Bill 93-28 by changing Section 35- 64.A.9.g.2 to read as follows: 2. The landscape plantings shall be considered as an element of a project in the same manner as paved 1i parking, building construction and materials, storm 1 water drainage, and other elements. A Building Permit shall not be issued prior to the approval of the planting plan, [ ' approval] except a Building Permit for only the footings and foundations of a structure may be issued prior to the approval of the planting plan,provided however,no parking lot paving shall be accomplished under said footing and foundation permit and, further provided, all plantings called for in the approved planting plan shall be installed prior to the issuance of a final Certificate of Occupancy. If, at the time of the request for the certificate the plantings cannot be installed or would be jeopardized by weather, an instrument signed by the owner specifying the materials will be installed in the next planting season may be accepted to allow the issuance of a 109 REGULAR COUNCIL MEETING, JUNE 7, 1993 temporary Certificate of Occupancy. Second by Councilman Bertel and approved. Bill 93-28, as amended, was placed on final passage and passed by the following vote as Ordinance 11913: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and Nilges Nay: None BILL 93-29, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON,MISSOURI BY AMENDING SECTION 35-3 AND 35-20 OF CHAPTER 35 AS IT PERTAINS TO RECYCLING. Aye: Benton, Bernskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, and Nilges Nay: None RESOLUTIONS: II Councilman Nilges moved to approve Resolution RS93.8 pledging support for the proposed Blair Family Center and the City's intention to commit$200,000 toward the construction of the County's juvenile attention center, second by Councilman Halsey. Councilman Bernskoetter asked for assurance from the County Commission, or whoever is responsible, that adequate insurance coverage is provided for the new facility. Councilman Halsey reported that the County had a governing board that oversees the operation of the juvenile attention center. Councilman Green reported that he had reviewed the plans and specifications for the new juvenile attention center with the contractor and found that the plans were not extravagant. He further stated that the high cost per square foot was due to State and Federal regulations for this type of facility. Councilman Haake moved to approve Resolution 11893 9 authorizing the City to accept from the City of St. Joseph, Mo. the Federal interest in two 1985 Bluebird Buses, second by Councilman Halsey and approved. UNFINISHED BUSINESS: jvlosauito Control Councilman Bertel requested that north Jefferson City be treated for mosquito control ii due to large amount of rainfall and standing water. If i, f 110 REGULAR COUNCIL MEETING, JUNE 7, 1993 ! Councilman Bernskoetter moved that the compost site be closed to the public from June 18 to June 25, inclusive, and reopen. on June 26 under the auspices of Green Horizons with City staff to make appropriate press releases to notify the public of the closing, reopening and hours of operation. Second by Councilman Green and approved. Miller Street Facility Councilman Halsey asked that the City's property on Miller Street be inspected for unsightly conditions and exposed equipment. Weeds, Councilman Halsey asked that City crews responsible for cutting weeds service both the front and back of lots. Unsightly Buildings ? Councilman Halsey asked that the closed service station on Cherry Street and a building on Moreau Drive be inspected for possible Code violations and pursue their removal or renovation. Moreau Drive. Councilman Halsey asked that the a mooting be sot up with residents of Moreau Drive who have requested that the deteriorated sidewalks and curbs be replaced. Councilman Halsey asked the status of the education project for the grocery store regulation ordinance that was passed recently. Charles Lansford reported that City Community Sanitation staff had met with Lincoln University stafl'and had jointly set goals for the implementation and education of the grocery store ordinance. City Manag n ont Organi ation Councilman Halsey recognized City Administrator Dave Johnston who recently was t elected President of the Missouri City Management Association. ?! Missouri Police Chiefs Association, Mayor Gardner recognized Chief Gary Kempker who is currently serving as President of the Missouri Police Chiefs Association. ouattere in Vacant Buildings Councilman Haake asked Chief Kempker to investigate unauthorized people living in vacant buildings in the 1100 block of St. Mary's Blvd. Councilman Halsey asked the same for property located on Chestnut Street. i3 Ij i 111 REGULAR COUNCIL MEETING, JUNE 7, 1998 ! NEW BUSINESS: i1 ' Ple�nning and Zoning Commission Alternate 1' Councilman Green nominated Councilman Nilges for the Planning and Zoning Commission alternate Council liaison. Second by Councilman Halsey and approved. ! County Board of Equalization ?' Mayor Gardner announced that two representatives from the City were needed to it serve on the County Board of Equalization. Councilman Benton nominated Bette 1 Wordelman, City Finance Director and Jim Jenkins from the Housing Authority. Second by Councilman Byrd and approved. Councilman Halsey moved for both individuals to serve on the Cole County and Callaway County Boards of Equalization. Second by Councilman Green and approved. APPROVAL OF EXECUTIVE SESSION MINUTES: !+ i` Councilman Green moved for approval of the Executive Session minutes of June 7, 1993, second by Councilman Halsey and approved. Councilman Benton asked what procedure was used to post action taken in executive sessions. City Counselor Allen Garner stated that action taken in executive session in required to be posted within 72 hours indicating the person making the motion, the . motion made, the second to the motion, and the vote recorded by person, with the exception of pending real estate negotiations and pending litigation which are posted after the transaction or case is finalized. EXECUTIVE SESSION: ` Councilman Green moved for Council to go into Executive Session to discuss . personnel and real estate. Second by Councilman Bornskoetter and approved by the following roll call vote: Aye; Benton, Bernskoettor, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges If Nay: None is i ADJOURN: " i i '.-; j There being no further business to come before Council, meeting adjourned at ;; 1: approximately 10:30 p.m. I. ACTION TAKEN IN EXECUTIVE SESSION: City Administrator Dave Johnston was awarded a $500 annual bonus. Vote was 8 ii to 1 with Councilman Benton voting nay. ii ti ii ,i i i ii N 3 ;i i? I r