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Home My Public Portal About19931206 220 REGULAR COUNCIL MEETING, DECEMBER 6, 1993 The Regular Council Meeting of December 6, 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. 11 The following Council Members were present: f I Present: Bernskoetter, Berle!, Byrd, Green, Haake, Halsey, Nilges, Wrigley ' Absent: Benton, Estes A quorum was declared present. II Mayor Gardner requested that, since there were recipients present for Resolutions 93- 24 and 93-25, the Council consider moving those two items up on the agenda and acting on them at this time. Councilman Halsey so moved, second by Councilman Byrd, and approved. Councilman Halsey presented Resolution RS93-24, and offered his commendation to I; Thorpe J. Gordon School for receiving the Missouri Gold Star Award for Excellence in I Education, and moved for approval. Second by Councilman Bertel, and approved. A , 1 delegation consisting of principal Beth Whitaker, teachers, and students from Thorpe • { Gordon were present to accept the award. fI Councilman Byrd presented Resolution RS93-25 recognizing the Jefferson City Jays Football coaching staff and team players for recently winning their 8th state championship, congratulated them on this accomplishment, and moved for approval. 11 Second by Councilman Bernskoetter, and approved. Coach Pete Adkins was present to accept the award. CONSENT AGENDA: Mayor Gardner stated that the approval of probationary police officers were erroneously placed in the wrong category on the agenda and requested that they be moved to item (I) under the Consent Agenda for Council approval. The Consent Agenda consisted of the following Items: a) Council Minutes of November 15, 1993 b) October Finance Report 1� c) Change Order on Wehmeyer Road Sewer Project d) Use of Right-of-Way by Milo Walz on Madison Street i • Et 221 REGULAR COUNCIL MEETING, DECEMBER 6, 1993 d) Use of Right-of-Way by Milo Waiz on Madison Street =1 e) Use of Right-of-Way by Gabbert's on Ashley Street • !i • f) Bid for sign materials - Public Works • g) Renewal of Contract with Todd Uniform Company h) Termination of Lease with A& K Construction at Airport I) Appointments: i Police Department 1. Probationary Police Officer- Steven A. Weaver 2. Probationary Police Officer- David A. Williams Discussion followed by Councilman Green regarding the Todd Uniform bid, and Councilman Nilges regarding budget overages by several City departments. Councilman Nilges requested that the reasons for such overages be explained in future reports. There being no further discussion, Councilman Green moved to approve the Consent Agenda, second by Councilman Berle!, 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: Board of Commissioners 9-30-93; Planning and Zoning Commission 10-12-93; Public Works & Planning Committee 11-18-93; City Council/Parks & Recreation Review Committee, Ad Hoc Parks & Recreation Review Committee 11-15-93; Cable Quality Commission, 10-21-93; Commission on Environmental Quality, 11-4-93. ANNOUNCEMENTS BY MAYOR: Mayor Gardner announced that Councilman Tom Benton will undergo surgery on Dec. 8, and that she and the Council would be thinking of him. • • Mayor Gardner announced she was recommending the following appointments: Police Personnel Board 1. David Brooker (R), term to expire 1-97, replaces Colleen Ossman 2. Lyn Appling (D), term to expire 1-97, replaces Reg Woods (term expired) �3 222 REGULAR COUNCIL MEETING, DECEMBER 6, 1993 Environmental Quality Commission ,_ 1. Stephen Mahfood, term to expire 11-97, replaces Herman Oligschlaeger due to non-attendance of meetings The Mayor's announcements having been concluded, Councilman Bernskoetter stated that Mr. Rick Penno of Green Horizons Garden Center was present and requested that the Council take up the matter of the contract with Green Horizons (under Unfinished Business on the agenda) at this time. City Administrator Dave Johnston first informed the Council that under current contract provisions, it costs the City about $400 for each Saturday the facility is open. Options to this arrangement were discussed as follow: Mr. Johnston suggested a Saturday-by-Saturday basis (depending on weather) throughout the winter, or not to change the contract and monitor usage through the winter. Councilman Wrigley felt it was a waste of money to keep it open in the winter because most people needing to dispose of material would have probably done so earlier in the season. Councilman Bernskoetter suggested the possibility of utilizing a City staff person to man the facility on Saturday(s) to receive incoming material, but not is to operate any of the equipment. He asked if Mr. Johnston could get more information on that possibility and report back to the Council. Mr. Johnston asked for Council direction as to the upcoming Saturday, December 11. Councilman Bernskoetter moved that the City Council authorize City Administrator Dave Johnston to authorize Green Horizons to operate the facility up to one Saturday per month with the understanding that if it is not needed, operation should cease. Second by Councilman Green, and approved. Councilman Bernskoetter then moved that City Administrator Dave Johnston look into the possibility of a City employee manning the facility on Saturdays, second by Councilman Green, and approved. BILLS INTRODUCED: " Bill 93-124, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF MERCHANTS DRIVE. Bill 93-125, sponsored by Councilman Benton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH LINCOLN UNIVERSITY FOR OPERATION AND MANAGEMENT OF A PUBLIC ACCESS CHANNEL. Bill 93-126, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE ' MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT, • 223 REGULAR COUNCIL MEETING, DECEMBER 6, 1993 Bill 93-127, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI. Bill 93-128, sponsored by Councilmen Nilges, Green and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL. INFORMAL CALENDAR: Bill 93-101, 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 OF CHAPTER 15 AS IT PERTAINS TO CLEAN AIR IN PUBLIC PLACES. Councilman Bernskoetter asked that the bill be removed from the Informal Calendar at this time, and moved to amend the bill for purposes of discussion, as follows: Amend Section 1 of Bill 93-101 by deleting all of paragraph 0 of Article III Section 15-44 and substituting In lieu thereof the following: D. Notwithstanding any other provision of this article, a proprietor or other person In charge of a restaurant shall not be required to designate an area greater than one of sufficient size to accommodate usual and customary demand for non-smoking areas by customers or patrons, State Law Reference: Subsection 191.767(5). Second by Councilmen Halsey and Byrd. Council asked Allen Garner if the amendment would be allowed under state law, to which he replied that it would. Councilman Halsey felt the bill, if passed, would be unenforceable by the City. After further discussion, the amendment was voted on as follows: Aye: Bemskoetter, Byrd, Green, Haake, Nilges, Wrigley Nay: Bertel, Halsey Councilman Wrigley moved to amend the bill, Section 15-42, by adding (L) as follows: Notwithstanding the other provisions of this ordinance, smoking will be restricted In city hall to the large conference room on the first floor during any hours of public business, or, In the alternative, the lunchroom, as long as the person smoking is the only person in the room. Second by Councilman Haake. After a lengthy discussion, Councilman Wrigley withdrew his motion to amend. When Dave Johnston was asked by Councilman Haake why we needed another smoking ordinance when the City already has one, he replied that it was to bring the City's ordinance into compliance with state law. Bill 93-101, as amended, was then defeated by the following vote: 224 REGULAR COUNCIL MEETING, DECEMBER 6, 1893 Aye: Bemskoetter, Green Nay: Bertel, Byrd, Haake, Halsey, Nilges and Wrigley Bill 93-110, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR IMPROVEMENTS ON MISSOURI BOULEVARD, DIX ROAD AND SOUTHWEST BOULEVARD. Councilman Haake removed Bill 93-110 from the Informal Calendar. Bill 93-110 was read by title, placed on final passage, and passed by the following vote as Ordinance No. 12000: Aye: Bemskoetter, Bertel, Byrd, Green, Haake, Halsey, Nilges, Wrigley Nay: None ! Bill 93-114, sponsored by Councilmen Estes-Benward and Niles, entitled: 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF TWO NEW SECTIONS PERTAINING TO REQUIREMENTS OF EVIDENCE OF FLOOD INSURANCE PRIOR TO OBTAINING A BUSINESS LICENSE OR OCCUPANCY A ; STRUCTURE. Councilman Nilges stated he did not wish to remove Bill 93-114 from the Informal Calendar. i' Bill 93-121, sponsored by Councilman Haake, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, t BY ADDING A NEW SECTION 29-30 PERTAINING TO INSTALLATION OF AND REIMBURSEMENT FOR BACKWATER VALVES. Councilman Haake asked the Bill 93-121 be removed from the Informal Calendar for purposes of discussion. Councilmen Green and Wrigley stated they did not want this !' ordinance to impose heavy costs or "harassment" of citizens due to non-compliance. City Counselor Allen Garner recommended that the bill be changed if the Council plans to change the BOCA Code and the way the Inspector enforces it. Councilman Wrigley requested that Mr. Garner provide the Council with the language necessary to address the concerns of the Council members. Councilman Haake then requested that Bill 93- 121 be placed back on the Informal Calendar. it Ij 225 . REGULAR COUNCIL MEETING, DECEMBER 6, 1993 RESOLUTIONS: Councilman Haake moved for approval of Resolution RS93-26, Release of Funds for Transportation Enhancement Project ISTEA 1991, second by Councilman Wrigley, and approved. Councilman Bertel moved for approval of Resolution RS93-27, Flood Buyout Program and Hazard Mitigation Grant Application, second by Councilman Halsey, and approved. NEW BUSINESS: Councilman Halsey moved to approve the renewal of contract with the Chamber of Commerce for Convention Business Bureau Services, second by Councilman Green, and approved. Councilman Green moved to approve the 1994 Convention and Business Bureau Budget, second by Councilman Halsey. Councilman Nilges stated he would like to see the contract coincide with the City's budget year, Councilman Wrigley suggested that an opportunity for dialogue be opened up between now and the next contract year, and Mr. Plummer of the Chamber of Commerce stated it would not be a problem for their contract to parallel the City's budget in the future. The motion to renew the contract was approved, with Councilman Bartel absent during the vote. Councilman Bemskoetter moved that the RFP for solid waste disposal contract which was sent out be amended to extend the location for a transfer station to one and one- half (driving) miles beyond the city limits, and to extend the deadline to February 1. Motion was seconded by Councilman Green, and approved, with Councilman Wrigley absent during the vote. Councilman Halsey asked Keith DeVault to comment on what seems to him an apparent deterioration of some of the neighborhoods in the City. Mr. DeVault stated that City staff is In the neighborhoods on a daily basis, and that most of the complaints followed up on are from the staff workers themselves. He stated that he would redouble his efforts to make sure the P&Z staff continues to do as Mr. Halsey requested in addressing the situation. Councilman Haake asked Mr. DeVault to make sure that his staff knows what ordinances the City has so they can be properly enforced. Councilman Wrigley stated there is some concern by parents regarding children who are being "hassled"as they walk to their bus from the YMCA. He asked Marty Brose to 226 REGULAR COUNCIL MEETING, DECEMBER 6, 1993 check into the routing and bus schedules to see what can be done to alleviate this problem. EXECUTIVE SESSION: Councilman Green moved for Council to go into Executive Session to discuss litigation and personnel, second by Councilman Bertel, and approved by the following vote: Aye: Bemskoetter, Bertel, Byrd, Green, Haake, Halsey, Nilges, Wrigley Nay: None ADJOURN: There being no further business, meeting adjourned at 10:35 p.m. ACTION TAKEN IN EXECUTIVE SESSION: A motion was made by Councilman Green to approve the payment of $50,023.23 to settle the disputed payroll amounts to members of the Fire Department. The terms of the agreement shall not include the payment of any attorney fees. Motion was Ij seconded by Councilman Wrigley, and approved unanimously. A review of the performance of Acting Public Works Director Marty Bross was conducted following a six-month period. City Administrator Dave Johnston recommended that Mr. Brose be appointed Public Works Director and that ho be given a 3% meritorious increase. Councilman Green moved to accept the recommendation, second by Councilman Halsey, and approved unanimously. The annual performance review of Fire Chief Robert Rennick was conducted, and Mr. is Johnston recommended no meritorious increase. Motion was made by Councilman Green to accept the recommendation, second by Councilman Halsey, and approved unanimously. s ±i I�}I} t�