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HomeMy Public PortalAbout19930719 129 REGULAR COUNCIL MEETING, JULY 19, 1993 iIi The Regular Council Meeting of July 19, 1993, was called to order at 7:30 P.M. with li P, Mayor Louise Gardner presiding. I i 1 Prayer was offered by Councilman Bernskoetter followed by the Pledge of Allegiance. i The following Council Members were present: . ti Present: Benton,Bernskoetter,Bertel,Byrd,Estes, Green,Haake,Halsey, ;I i� Nilges ! 1 I' Absent: Wrigley i !1 A quorum was declared present. {, f li Mayor Gardner introduced the Boy Scouts from Troop 2, First Presbyterian Church ii ! who were present to observe the Council meeting. ii PRESENTATIONS FROM THE GALLERY: '. Curt Chick, representing the Jefferson City Building and Construction Trades ;, Council, appeared before the Council to donate $1,000.00 to the Flood Emergency Fund proposed by Bill 93-65. Councilman Bernskoetter announced that the Lions Clubs International Foundation had voted to donate $6,000.00 to aid flood victims in the mid-Missouri area. Mayor Gardner announced that the Jefferson City Evening Lions Club had promised to donate $2,500.00 to aid flood victims in the Jefferson City area. ,; I CONSENT AGENDA: ' !, ii The Consent Agenda consisted of the following items: 1 ;i I a) Council Minutes of July 6, 1993 I` i b) Monthly Financial Statements for June, 1993 i } ii c) Approval of the following bids: ii ;i 1406 - Upgrade Scott Air Paks, Fire to Ozark Fire Extinguisher, if 111 1 Springfield, MO �+ 1407 - North Jefferson City Sewer Main Extension, Public Works to J. f ,i C. Industries, Jefferson City, MO I! I ii il i. 1 it II 111 •f it 130 REGULAR COUNCIL MEETING, JULY 19, 1998 d) Renewal of agreement with Memorial Community Hospital for Employee Assistance Program e) Change Order No. 1 for Edgewood Drive at Fairgrounds Road Project. Councilman Byrd moved for approval of the Consent Agenda items, second by Councilman Green and 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. Environmental Quality Commission, 6/24/93. li ANNOUNCEMENTS BY MAYOR: I� Mayor Gardner gave Council members and the public an update on Federal Disaster Aid available for flood victims. At this time, plans are inconclusive and awaiting action by Congress. Mayor Gardner presented the Commercial Landscape Design Award to Harold Krieger, Sr. of Krieger and Krieger, 1800 Southwest Blvd. Mayor Gardner announced that the Yard of the Month Award will be mailed to ►� Frank and Gail Rise, 1701 West Main Street, who were unable to attend this meeting. ,{ Both landscape awards are sponsored by the Commission on Environmental Quality and recipients are selected by the Hawthorn Garden Club. BILLS INTRODUCED: BILL 93-53, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING ;I CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. BILL 93-54, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNIVERSITY OF MISSOURI-COLUMBIA FOR TRAINING OF POLICE DEPARTMENT PERSONNEL. 131 REGULAR COUNCIL MEETING, JULY 19, 199$ BILL 93-55, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN SANITARY SEWER EASEMENTS ON PROPERTY LOCATED IN GORDON FOREST ESTATES. BILL 93-56, sponsored by Councilman Haake, 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 NORTH JEFFERSON CITY SEWER MAIN EXTENSION PROJECT. BILL 93-57, 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 U (SCHOOL BUS LOADING ZONES, SCHOOL ZONES. PARKING LOTS. ETC.) SUBSECTION (A) (SCH OL BUS LOQDING ZONES) OF SECTION 19-401 BY ADDING LEWIS AND CLARK MIDDLE SCHOOL. BILL 93-58, sponsored by Councilman Bernekoetter, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COMPOST OPERATION AND SERVICE CONTRACT WITH GREEN HORIZONS GARDEN CENTER, INC. Councilman Bornekoottor requested suspension of the rules so that the extended hours could begin immediately. There were no objections. Bill 93-58 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11939: Aye: Benton, Bornskootter, Bortel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-59, 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 S (LOADING ZONES) SUBSECTION (B) (PASSENGER OR SPECIAL LOADING, ZONES) OF SECTION 19-401 BY ADDING A PORTION OF MILLER STREET. BILL 93-60, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE III CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J (PARKING PROHIBITED) OF SECTION 19.401 BY ADDING A PORTION OF MILLER STREET. . . . • 132 REGULAR, COUNCIL MEETING, JULY 19, 1993 BILL 93-61, 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 U (SCHOOL BUS LOADING ZONES, SCHOOL ZONES, PARKING LOTS, ETC.) SUBSECTION (C) (NO PARKING - PUBLIC SCHOOLS) OF SECTION 19-401 BY ADDING LEWIS AND CLARK MIDDLE SCHOOL. BILL 93-62, 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 H (YIELD SIGNS) OF SECTION 19-401 BY ADDING LOCATIONS IN NORTH JEFFERSON CITY. BILL 93-63, 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 INTERSECTIONS IN NORTH JEFFERSON CITY. BILL 93-64, 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 Z, RESIDENTIAL PERMIT PARKING, OF SECTION 19-401 BY ADDING A PORTION OF CLIFF STREET. BILL 93.66, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 1992-93 BUDGET FOR FLOOD EMERGENCY EXPENDITURES. Councilman Nilges requested suspension of the rules to allow for the use of funds immediately for emergency flood expenditures. There were no objections. Councilman Nilges explained that the emergency flood funds were to be used for clean-up in flooded areas, trash pickup, mosquito control, etc. and not for individual victims of the flood. Councilman Halsey suggested that City Administrator Dave Johnston negotiate with Laidlaw for free service or reduced rates for flood victims. Councilman Haake stated that since flooding began,very little trash pickup had been conducted in the flooded areas and suggested that this fact be used in negotiations with Laidlaw. • pi i� ti 44t it f 133 REGULAR COUNCIL MEETING, JULY 19, 1998 Bill 93-65 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11938: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-66, 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 J P KING OF SECTION 19-401 BY ADDING A PORTION OF Bill 93-53 through 93-66 were read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: BILL 93-47, sponsored by Councilman Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 34- 27 OF CHAPTER 34 AS IT PERTAINS TO TRANSIT SYSTEM FARES. Bill 93-47 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11934: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-48, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL AS ADOPTED BY ORDINANCE 11835 AS IT PERTAINS TO NOTICES OF RESIGNATION AND FAILURE TO GIVE REQUIRED NOTICE. Bill 93-48 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11935: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-49, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 134 REGULAR COUNCIL MEETING, JULY 19, 1993 I CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 2 BY THE ADDITION OF A NEW SECTION 2-293 AS IT PERTAINS TO TEMPORARY ABSENCE OF THE CITY ADMINISTRATOR. Bill 93-49 was read third time by title. Amended copies Bill 93-49 were distributed to Council members in their packets. Councilman Green moved to amend Bill 93-49 by adding, "In the absence of the City Administrator, the job of temporary or assistant City Administrator is not activated until a department director requests assistance, and then only that request is to be acted upon and then the procedure reverts back to the City Administrator position being vacant." Second by Councilman Byrd for discussion. Councilman Halsey stated that Mr. Johnston had been away from the office longer than a week recently and had not notified the Council members. In his absence,Police Chief Kempker had been left in charge. Councilman Halsey would like a clear chain of command for future absences. Councilmen Bernskoetter and Benton spoke in opposition to Bill 93-49 and 93-50, stating that the City Administrator should have the discretion to appoint any department head to servo in his absence, however, Council should be informed of absences and who is Acting City Administrator. After further discussion,Councilman Green withdrew his motion and Councilman Byrd withdrew his second. Councilman Haake stated that as policy makers, the Council should make the decision who will serve as Acting City Administrator at the time of his absence and ho opposed Bill 93-49. Councilman I3ornskoottor called for the question, second by Councilman Benton and approved. Councilman Halsey objected before roll call was taken and moved to request Council's consent to place Bill 93-49 on the Informal Calendar, second by Councilman Bortel and defeated by the following vote: Aye: Berta', Halsey and Nilgos Nay: Benton, Bernskoetter, Byrd, Estes, Green and Haake Bill 93-49 was placed on final passage and was defeated by the following vote: Aye: Bede!, Halsey and Nilges } Nay: Benton, Bernskoetter, Byrd, Estes, Green and Haake BILL 93.50, 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 2 I BY THE ADDITION OF A NEW SECTION 2-293 AS IT PERTAINS TO TEMPORARY ABSENCE OF THE CITY ADMINISTRATOR. i+ Councilman Nilges requested Bill 93-50 be placed on the Informal Calendar. If BILL 93-51, sponsored by Councilman Nilges, entitled: fl AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 135 REGULAR COUNCIL MEETING, JULY 19, 1998 CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE X OF CHAPTER 2 PERTAINING TO THE FINANCE DEPARTMENT TO PROVIDE FOR A DEBARMENT PROCEDURE AND TO REPEAL ORDINANCE 11532. Bill 93-51 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11936: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None BILL 93-52, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING AND AMENDING CHAPTER 19,MOTOR VEHICLES AND TRAFFIC,OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO AMEND ARTICLE IV, VEHICLE OPERATION GENERALLY, BY CREATING A NEW SECTION 19-128 PROHIBITING DRIVING WITHOUT A VALID OPERATOR'S LICENSE. . Bill 93-62 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11937: Aye: Benton, Bernskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey and Nilges Nay: None RESOLUTIONS: Resolution RS98.10, adopting the Capital Improvements Program, was recommended for approval by the Finance Committee at its July 13, 1993 meeting after amendments were approved. Councilman Nilges clarified to the Council that the Capital Improvements Program as adopted can be amended in the future as priorities and circumstances change, especially in view of damage caused by flooding of the Missouri River and its tributaries. City Administrator Johnston agreed that the Capital Improvement Program is the official plan by which the Engineering Division plans and schedules projects, however, it can be amended by Council action at any time. Councilman Benton asked for the cost figures on item #2, signalization of the intersection of Stadium Drive and Satinwood Drive and flashing yellow beacons in school zones. Dave Johnston estimated the cost at $100,000. Councilman Haake moved for approval of Resolution RS93-10, as amended, second by Councilman Green and approved. Councilman Haake moved for approval of Resolution RS93.16,authorizing transfer to the City of Excelsior Springs, Missouri, the Federal interest in a 1985 GMC- AMTRAN bus. Second by Councilman Green and approved. 136 REGULAR COUNCIL MEETING, JULY 19, 1993 --- � UNFINISHED BUSINESS: Flooding Problems Councilman Halsey requested that stormwater flooding and sewer backup complaints be investigated all over the City. City Administrator Dave Johnston reported that 80 complaints had been received thus far from residents. Councilman Green complimented Public Works Director Marty Brose and his staff for their efforts in helping to control sewer backups due to flooding in his Ward. Councilman Green expressed appreciation to Senator Kit Bond and Congressman Ike Skelton for spending time in Jefferson City to view flood damaged neighborhoods. Councilman Bertel asked what the guidelines would be for Laidlaw to pick up carpet, ; siding, etc. damaged by flood waters. Charles Lansford reported that the same • guidelines used for spring cleanup would be used with some exceptions and those will be publicized. Councilman Bertel asked if building inspections and/or permits would be required before residents could rebuild or repair their structures. Dick Preston informed her that standard inspections would be required. Passing During Vote Councilman Halsey reported that City Counselor Allen Garner had issued a preliminary opinion on the question of passing during roll call votes, stating there is no provision to prohibit passing. Copies of the opinion were distributed to Council members. Pending Requests Councilman Bernskoetter requested from City Counselor Allen Garner a status report on a blasting ordinance, a smoking ordinance and the solid waste contract. Mr. Garner reported that the blasting and smoking ordinances were drafted and in the process of being reviewed and the solid waste contract was an on-going project. Mosquito Control Sanitation Supervisor Charles Lansford reported that extra chemicals had been ordered to help alleviate the mosquito problem caused by flooding. He asked residents to assist by removing standing water in puddles, use personal insect repellents and to contact the Planning & Code Enforcement Department if spraying is required. 11 I I j 137 REGULAR COUNCIL MEETING, JULY 19, 1998 li Council Guests ''Councilman Halsey asked that the Council rethink the practice of having guests "speak at the end of the agenda on non-agenda items. The practice appears to be an ',inconvenience to citizens wishing to address the Council. I NEW BUSINESS: Tir�nsit Consultant +Councilman Halsey requested that City Administrator Dave Johnston prepare a ` report to the Council on the details and events that led to the hiring of Mr. Richard ?(Powell as a consultant for a transit study. ,s ;'Finance Committee, Councilman Nilges announced the following dates for Finance Committee meetings to review the 1994 budget: Monday, August 9, Finance Committee Tuesday, August 10, Sub-Committee to Review Administration Budgets Tuesday, August 17, Sub-Committee to Review Public Works Budgets ' Monday, August 23, Sub-Committee to Review Public Safety Budgets ; Monday, September 13, Finance Committee Tuesday, September 14, Finance Committee (if needed) 11aiyeruity Extens ear Councilman Bernakootter introduced Mike Forck, Chairman of the Cole County Extension Council, who appeared before the Council to request finding for a new Extension Center building. Mr. Forck introduced Chris Bouchard, Business & Industries Specialist,who explained the role of the Extension Center,funding sources and services provided. He stated over 55,000 hours of volunteer service was provided to Cole County in the last year alone. The following individuals appeared before the Council to relate their experience with the Extension Center: Wayne Bernskoetter, a local contractor; Laura Frasher, a 4-H officer; Alice Longfellow, a small business owner and Eva Pratt, Co-Chairman of the ,, Extension Building Committee. Mrs. Pratt stated the University Extension Center has been providing service to Jefferson City for over 75 years. The University Extension Center Building Committee is requesting$25,000.00 from City funds. Rick Clark, County Program Director, answered questions from Council members ', regarding current funding sources, ;' ;! Councilman Green moved to place the University Extension request on the Finance ,' Committee agenda, second by Councilman Nilges and approved. It i• ti i; .• . . . . . „ 138 REGULAR COUNCIL MEETING, JULY 19, 1993 EXECUTIVE SESSION MINUTES: Councilman Green moved for approval of the Executive Session Minutes of July 6, i• 1993, second by Councilman Bertel and approved. • I; ADJOURN: There being no further business to come before the Council, meeting adjourned at • approximately 9:15 p.m. !I ;1 i• 1 • 1! 111