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Home My Public Portal About19930907 157 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 The Regular Council Meeting of September 7, 1993, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Bertel 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 THU GALLERY: Flood Victims and Pending Legislation Due to the large number of people present in the gallery interested in proposed flood legislation,Councilman Green moved to bring Bills 93.87,93-88, and 93-89 to the top of the agenda, second by Councilman Wrigley and approved. Councilman Green moved to have Bills 93.87, 93-88 and 93-89 read at this time, for discussion purposes only, that they be considered independently and that any motion pertaining to suspension of the rules be withheld until after the discussion period. Second by Councilman Wrigley and approved. Bills 93-87 through 93-89 were read by title. BILL 93-87, sponsored by Councilmen Green and Benton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS IN THE SPECIAL FLOOD HAZARD AREA. BILL 93-88, sponsored by Councilmen Green and Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION PROGRAM. BILL 93.89, sponsored by Councilmen Nilges and Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE 1992-93 BUDGET FOR THE FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION FUND. 158 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 VIRriresa- Maw City Administrator Dave Johnston reported that after meeting with State and Federal officials, staff was requesting that only Bill 93-87 be considered for passage at this time. City Counselor Allen Garner explained the options and obstacles that the residents, affected by the recent flood, are facing regarding disaster assistance from the State and Federal governments. He distributed a chart showing the different levels of assistance by City, Federal and State governments. Representative Backer from Callaway County appeared before the Council to give a report on a meeting she attended with residents of North Jefferson City and to request a 30 day moratorium on any relocation or buy-out proceedings by the City. She suggested an ad hoc committee be formed to be composed of an elected official from the City of Jefferson, Counties of Cole and Callaway, State and Federal government(or a designated representative)along with a citizen from each of the five City wards for the purpose of coordinating a comprehensive buy-out proposal based upon the final outcome of Congressman Volkmor's proposed legislation. She asked `i that a letter from Congressman Harold L. Vollmer, dated September 7, 1993, explaining his proposed legislation, be distributed to Council members. The consensus of the Council members was to honor the request for a 30 day moratorium. Bill 93-87 was road again by title, Councilman Green moved to Amend Bill 93-87 by adding a new section 2 and renumbering old section 2 to become now section 3. New ' section 2 to read as follows: Section 2„ For good cause shown, the Planning and Code Enforcement Department may waive the above moratorium on an individual building permit. When requesting a waiver, it shall be the applicant's responsibility to show good cause, which shall include but not be limited to evidence that the structure for which the building permit is sought suffered flood damage less than 20 percent of its pro-flood fair market value. In granting a waiver, the Planning&Code Enforcement Department may impose such conditions as may be necessary to insure that the waiver will not violate the intended purpose of the moratorium. Amendment was seconded by Councilman Wrigley and approved by the following roll call vote: !' Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Nilges and Wrigley Nay: Halsey Bill 93-87, as amended, was placed on final passage and passed by the following vote as Ordinance 11963: is 159 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Nilges and Wrigley Nay: Halsey Councilman Green requested that their request to suspend the rules on Bills 93-88 and 93-89 be withdrawn. Councilman Nilges concurred. souri State Highway_& Transportation Department Mayor Gardner introduced Jim Toft,District Engineer and Scott Meyer from District 6 of the Missouri State Highway Transportation Department. Mr. Toft commended Police Chief Gary Kempker, Fire Chief Robert Rennick and Public Works Director Marty Brose,along with their staff,for their efforts and cooperation during the recent flood. Mr. Meyer commented on the cooperation and expertise shown during the crisis and pledged to assist the City during the cleanup and rebuilding. Flood T-Shirts Mayor Gardner introduced Andre Pasley,representing Mariner Designs,who donated $600 to the Flood Expenditure Fund. The money was raised through the sale of t-shirts. He presented Mayor Gardner with two t-shirts. k' P 1 B it in Gary Higgins, 134 Douglas Dr., appeared before the Council in support of Bill 93-89. He asked that copies of a booklet, entitled "Respiratory Health Effects of' Passive Smoking: Lung Cancer and Other Disorders" be distributed to Council members. CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of August 16, 1993 Special Council Minutes of August 17, 1993 b) Approval of the following bids: 1408 - Pistols, Police Dept., Law Enforcement Equipment Co., Kansas City, MO 1409 - Uniform Clothing, Police Dept., to various vendors 1413 - Protective Body Armor, Police Dept., Law Enforcement Equipment, Kansas City, MO 1424 - Liquid Ferric Chloride, Public Works, Eaglebrook, Inc., Schererville, IN if 1425 - 3/4-Ton Truck, Transit Division, Joe Machens Ford, Columbia, MO 'i {? 1362 - Renewal of bid for Concrete & Concrete Products, All City �' 4 160 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1998 Departments, Farmer's Concrete, Jefferson City, MO c) Appointments to Boards and Commissions: Board of Adjustment Gene Schwab, Alternate, term to expire 9/94 d) Amendment to contract with United Telephone for 9-1-1 Emergency Number Service i e) Amendment to contract with United Telephone for Centrex Telephone System. f) Approval of equipment rental agreement with Dave Sinclair Ford Leasing, Inc. g) Renew contract with Evers & Co. for audit services. h) Appointment of Keith DeVault,Planning&Code Enforcement Director Mayor Gardner requested that Item c be withheld and considered at the next meeting. Councilman Bernskootter requested that Items d and o be considered separately. Councilman Haake moved for approval of the Consent Agenda items with the exception of Items c, d and o, second by Councilman Byrd and approved. Mayor Gardner introduced Keith DeVault, newly appointed Planning & Code Enforcement Director (Item h on consent agenda). Councilman Halsey asked that Mr. DeVault seriously pursue enforcement of the Code. Mr. DeVault stated that he would if he had the support of the Council. Councilman Haake asked that Mr. DeVault come forth and advise the Council on needed Code amendments. Mr. DeVault was welcomed by Mayor Gardner and the the Council members. Councilman Green moved to approve Items d and e, second by Councilman Wrigley and approved with Councilman Bernskoetter abstaining from the vote. APPROVAL OF BIDS OVER $25,000: Councilman Haake moved to approve Bid 1411 - Heavy Duty Truck for the '; Wastewater Division to Al Scheppers Motor Co., Jefferson City, MO, second by Councilman Wrigley and approved. 161 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1998 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. Transportation & Traffic Commission 7/8/93; Housing Authority 7/16/93; Library Board 7/20/93;Cable Quality Commission 7/22/93;Fire Personnel Board 8/3/93;Police Personnel Board 8/7/93; Finance Sub-Committee 8/23/93 ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced she was recommending the following appointment: Board of Adjustment Gene Schwab, alternate, term to expire 9/94 BILLS INTRODUCED: BILL 98.82, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE FEDERAL TRANSIT ACT, AS AMENDED. BILL 93-83, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE 1992-93 BUDGET FOR THE TRANSIT DIVISION. BILL 93-84, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 13-20 OF THE PERSONNEL POLICY MANUAL AS IT PERTAINS TO SICK LEAVE. Councilman Wrigley asked that Council members wishing to discuss Bill 93-84 contact him prior to the next Council meeting as he did not wish to amend this bill. BILL 93-85, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A UTILITY EASEMENT WHICH WAS RETAINED WHEN AN ALLEY IN THE 100 =t BLOCK OF WEST ASHLEY WAS VACATED. 3 162 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 BILL 93-86, sponsored by Councilman Benton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING I PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 1994. BILLS 93-87 THROUGH 93-89 ARE DISCUSSED UNDER "PRESENTATIONS FROM THE GALLERY' IN THE MINUTES. is BILL 93-90, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE `, CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE V, FLOOD HAZARD REGULATIONS,OF CHAPTER 8,BUILDINGS AND BUILDING REGULATIONS. I; BILL 93-91, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 11 CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 35- ` 20 OF CHAPTER 35, ZONING CODE, BY THE ADDITION OF A CONDITIONAL ! USE DEFINITION FOR A RIVERBOAT CASINO COMPLEX, TO THE CLASSIFICATION RC, RURAL CONSERVATION DISTRICT. Bills 93-82 through 93-91 were read first and second time by title and ordered distributed to members of the Council. BILLS PENDING: BILL 93-69, sponsored by Councilman Bernskoetter, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE III j 1 OF CHAPTER 15 AS IT PERTAINS TO CLEAN AIR IN PUBLIC PLACES, Bill 93-69 was read third time by title, placed on final passage and defeated by the I following vote: 1! Aye: Benton, Bernskoetter, Byrd Nay: Bertel, Estes, Green, Haake, Nilges and Wrigley , Abstained: Halsey 1 BILL 93-71, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON,MISSOURI,BY THE ADDITION OF A NEW SECTION 17-32 OF CHAPTER 17 AS IT PERTAINS TO REQUIREMENT OF EVIDENCE OF WORKERS' COMPENSATION INSURANCE PRIOR TO LICENSE ISSUANCE. 163 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 Bill 93-71 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11954: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-72, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE V OF CHAPTER 32 AS IT PERTAINS TO EXCAVATIONS. Bill 93-72 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11955: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-74, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING A 1.7 ACRE TRACT OF LAND LOCATED IMMEDIATELY SOUTH OF 219 SCHUMATE CHAPEL ROAD FROM RS-2 SINGLE FAMILY RESIDENTIAL,TO C-1, NEIGHBORHOOD COMMERCIAL. Bill 93-74 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11956: Aye: Benton,Bernskoetter,Bartel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-75, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING PROPERTY AT LOT 2, TANNER ' BRIDGE ESTATES, FROM RA-2, MULTI-FAMILY RESIDENTIAL, TO PUD, PLANNED UNIT DEVELOPMENT. Bill 93-75 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11957: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None 164 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 BILL 93-76, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROMISSORY NOTE IN FAVOR OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR ENERGY CONSERVATION PROJECTS. Bill 93-76 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11958: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-77, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 93-77 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11959: Aye: Benton,Bernskootter,Bertel,Byrd, Estes, Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-78, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STEINNIETZ AUTOMOTIVE,INC. FOR AUTOMOTIVE TRANSMISSION REPAIRS. Bill 93-78 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11960: Aye: Benton,Bernakoetter,Berth!,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None BILL 93-80, 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 SOUTHWEST BOULEVARD STORM DRAINAGE IMPROVEMENTS PROJECT. Bill 93-80 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11961: • ti 1 165 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1993 Aye: Benton, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges and Wrigley Nay: Bernskoetter BILL 93-81, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC COMPANY, INC. FOR THE STADIUM BOULEVARD/SATINWOOD DRIVE SIGNAL PROJECT. Bill 93-81 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11962: Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None INFORMAL CALENDAR: BILL 93-60, 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 BY THE ADDITION OF A NEW SECTION 2-293 AS IT PERTAINS TO TEMPORARY ABSENCE OF THE CITY ADMINISTRATOR. Councilman Nilges requested hill 93-60 remain on the Informal Calendar. 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 MUMM ) OF SECTION 19-401 BY ADDING LOCATIONS IN NORTH JEFFERSON CITY. Councilman Haake requested Bill 93-62 remain on the Informal Calendar. 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 0 arDEINTEaggagn OF SECTION 19-401 BY ADDING INTERSECTIONS IN NORTH JEFFERSON CITY. Councilman Haake requested Bill 93-63 remain on the Informal Calendar. BILL 93-64, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE • 166 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1998 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. Councilman Haake requested Bill 93-64 remain on the Informal Calendar. RESOLUTIONS: ,; Councilman Nilges moved for approval of Resolution RS93-20,readopting the City's Affirmative Action Plan, second by Councilman Haake and approved with Councilman Halsey voting nay. Councilman Halsey asked that the City review its policy and conscience with regard to hiring minorities. UNFINISHED BUSINESS: Finance Sub-Committee Mary Bertel announced that the Finance Sub-Committee meeting for Public Safety and Parka & Recreation is scheduled for Wednesday, September 8 at 7:00 p.m. Public Work % Planning Committee Councilman Haake announced that a Public Works & Planning Committee meeting is scheduled for Thursday, September 23 at 7:30 p.m. Citizens' Particinmtion - Non-Agondn k m Councilman Nilges requested that a bill bo drafted to allow citizen participation(non- agenda items) to be moved up on tho agenda, Neighborhood Improvement Districts Councilman Nilges asked for the status of neighborhood improvement districts as it relates to sidewalks on Vieth Drive. City Counselor Allen Garner stated he would forward information to him in the near future. Councilman Halsey asked for a work E' session on the concept of neighborhood improvement districts. Lewis & Clark Drive Councilman Bernskoetter wished to thank staff for their work on the Lewis & Clark Drive improvements for the new Lewis & Clark Middle School. Councilman Benton concurred and asked that a 20 mph speed zone for the new Middle Schools be investigated by the Transportation & Traffic Commission. NEW BUSINESS: Gerbes $user Store Bill Buschman, Manager of Gerbes Super Store, requested in writing that Council is j4 ii tt�! 167 REGULAR COUNCIL MEETING, SEPTEMBER 7, 1998 consider a request for a roof-mounted sign that was denied by the Planning& Zoning • Commission. Councilman Benton moved to refer this request back to the Planning & Zoning Commission for reconsideration, second by Councilman Bernskoetter and approved. APPROVAL OF EXECUTIVE SESSION MINUTES: t; ;i ' Councilman Green moved for approval of the Executive Session minutes of August 19, 1993, second by Councilman Bertel and approved. EXECUTIVE SESSION: {i t 1 ;, Councilman Wrigley moved for Council to go into Executive Session to discuss ;} personnel, litigation and real estate, second by Councilman Bartel and approved by the following roll call vote: , Aye: Benton,Bernskoetter,Bertel,Byrd,Estes,Green,Haake,Halsey,Nilges and Wrigley Nay: None '' ADJOURN: There being no further business to come before the Council, meeting adjourned at 10:30 p.m. , ACTION TAKEN IN EXECUTIVE SESSION: Councilman Green moved and Councilman Wrigley seconded a motion to approve the City Administrator's recommendation for a 2% meritorious increase for Police Chief Gary Kempker. Motion was unanimously approved. ip 'd 1{ . f 1 11 t Ii ii 1