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Home My Public Portal About19940124 247 REGULAR COUNCIL MEETING JANUARY 241 1994 ;.,.....,. ... 1�► {»'r"C� OR W . The Regular Council Meeting of January 24, 1994, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Councilman Bemskoetter, followed by the Pledge of Allegiance. ftLt» "Ll The following Council Members were present for roll call: Present: Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Nilges, Wrigley Absent: Benton A quorum was declared present. PRtBENW-IONS FROM 7NE GALLERY Mayor Gardner announced that Ms. Linda Hunter, Director of the Convention & Visitors Bureau was presiant and wished to make a presentation from the gallery at this time. Ms. Hunter stated that the Kansas City Royals baseball team had recently visited Jefferson City, and that they autographed baseballs to be presented to the Mayor and each of the Council Members. Ms. Hunter presented the baseballs to the City Clerk for her to distribute. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of the Regular Council Meeting of January 10, 1994 b) Minutes of the Special Council Meeting of January 14, 1994 Councilman Green requested that the minutes of the Special Council Meeting of January 14, 1994, be amended to reflect that he stated that all correspondence from Brydon, Swearengen & England be sent to Councilman NllBes as Chairman of the Finance Committee rather than all the Councilmen. Councilman Estes-Benward then requested that the Special Council Meeting Minutes of January 14, 1994, be further amended where she was quoted concern ng the meeting of the Gaming Commission 'i Staff on January 17 to reflect the significance of the Gaming Commission Staffs authority. Councilman Wrigley moved that the minutes be amended as requested, second by Councilman Nliges, and approved. Councilman Wrigley moved to accept j i i 248 REGULAR COUNCIL MEETING JANUARY 24v 1994 - the minutes of January 10, 1994, and January 14, 1994 (as amended), second by l Councilman Halsey, and approved. 'i MINUrE R I OR78 RECEIVED ANt� 0ILtD is Mayor Gardner announced that the following minutes and reports have been received and are on file in the City Clerk's office: a Parks & Recreation Commission, 12-13-93. ' ii ±f Councilman Wrigley requested at this time that the Council acknowledge the presence ? of members of Boy Scout Troop 11, and introduced Fred Bax, Danny Jackson, C. J. Parester and Nathan Rich, who are attending to fulfill part of their Citizenship in the 3 Community requirement for Boy Scouts. Mayor Gardner welcomed the Scouts to the meeting. !i BILLS INfR'ODUCED i� !I Bill 93-144, sponsored by Councilman Nilges, entitled: ±; AN ORDINANCE OF THE JEFFERSON, MISSOURI, EXPANDING DEFENDANT ' REIMBURSEMENT FOR COST OF ARREST INVOLVING DWI AND BAC OFFENSES. Bill 93-145, sponsored by Councilman Haake, entitled: 'k AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE .s MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COLE COUNTY !} SPECIAL SERVICES FOR A GRANT TO FUND TRANSPORTATION FOR THE !I �? DEVELOPMENTALLY DISABLED. i Bill 93-146, 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 75.35 ACRE TRACT LOCATED IN THE 100, 200 AND 300 BLOCKS OF WEST MOKANE ROAD AND EXTENDING FROM THE SOUTH RIGHT-OF-WAY LINE OF WEST MOKANE ROAD TO THE MISSOURI RIVER FROM RU, RURAL, TO RC, RURAL CONSERVATION. , Bill 93-147, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF KNIPP WEST SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON. 249 REGULAR COUNCIL MEETING, JANUARY 24v 1994 Bill 93-148, 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 93-149, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH LINCOLN UNIVERSITY FOR AGRICULTURAL LAND SURROUNDING THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 93-150, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN TO INCREASE BENEFITS UNDER THE PLAN. 161LIS O NDING Bill 93-141, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 93-141 was read third time by title, placed on final passage, and passed by the following vote as Ordinance 12017: Aye: Bartel, Byrd, Estes•Benward, Green, Haake, Halsey, Nilges and Wrigley. Abstain: Bernskoetter Nay: None Bill 93-142, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PROVISIONS OF THE CITY'S HEALTH PLAN PERTAINING TO MEDICAL BENEFITS, EXCLUSIONS AND LIMITATIONS. 0111 93-142 was read third time by title, placed on final passage, and passed by the following vote as Ordinance 12418: Aye: Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey, Nllges and Wrigley. Nay: None G Ij 250 REGULAR COUNCIL MEETING,JANUARY 24, 1994 Bill 93-143, sponsored by Councilmen Green and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY LIBRARY BOARD TO PETITION THE COUNTY COMMISSION FOR THE FORMATION OF A CITY/COUNTY LIBRARY BOARD. i. Bill 93-143 was read third time by title, placed on final passage, and passed by the following vote as Ordinance 12019: Aye: Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Nilges and Wrigley. Nay: None INPOAMAL CALENDAR Bill 93-129,'sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE CITY OF JEFFERSON TO PROVIDE SEWER SERVICES TO COMMAND WEB OFFSET MISSOURI, INC. Councilman Nilges requested that Bill 93-129 remain on the Informal Calendar. Bill 93-140, sponsored by Councilmen Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITOL UTILITIES FOR THE OPERATION OF A PACKAGE PLANT. Councilman Nilges requested that Bill 93-140 remain on the Informal Calendar. ,COUNCIL,REPRESENTATIVES TO BOARDS & COMMISSIONS ((4 Councilman Bernskoetter reminded the Council that February I is the date the solid waste contract bids are due. On February 15, City Staff will entertain verbal P from each of the bidders, and the session Is expected to last most of the day. Councilman Bemskoetter plans to attend, and he Invited anyone else Interested 11 0 to attend. Councilman Bartel reported that at the last Cable Quality Committee meeting, a quorum il was not present. The original target date for sending a recommendation on the TCI franchise extension to the Council was the second Council meeting In February. The Committee has rescheduled that target date for the second meeting in March. REGULAR COUNCIL MEETING, JANUARY 241 1994 251 tC�r„!f `tC�NB Resolution RS93-33, Section 18 Application for Public Transportation Project, sponsored by Councilman Haake. Councilman Green stated he felt this resolution should be placed on the informal Calendar until more information can be provided to the Council, and requested a presentation from the Staff. Marty Brose, Director of Public Works presented the background information he had available, and answered questions from the Council regarding this resolution. Councilman Halsey requested that Mr. Brose do a study to determine the cost of the City's making public transportation available on Saturdays and provide that information to the Council for its consideration. After further discussion and concerns expressed by Council members regarding the lack of information they have on this matter, it was determined that Mr. Dale Adkinson of the Sho-Me Coach Lines, Inc., be present at a future Council meeting to answer questions and present any information he might wish to, and that Marty Brose compile more financial information on the proposed subsidy and provide it to the Council. Mr. Brose responded that he would comply with Council's requests, but encouraged the Council to go ahead and approve Resolution RS93-33 so that necessary application paperwork can be done before impending deadlines. He stated that approving the resolution was not binding upon the City in any way; any actual subsidies would have to be passed by Ordinance in the future. Council members also requested that Mr. Brose look into the possibility of other cities who benefit from the bus services helping in the subsidy. Councilman Haake stated that he wished to go ahead and place the Resolution for approval so that the application paperwork can begin, but that he also feels the Council needs to receive more information on the matter before it makes any future decisions. He asked Mr. Brose to Include in the information the difference in the rent and what it would actually cost the City. Councilman Haake moved to approve RS93-33, second by Councilman Bertel, and approved, UNFINISHED BUSINESS , Mayor Gardner announced that she had received a call earlier In the day from Governor Carnahan's office informing her of the approval of funds for buyout in the Cedar City area of Jefferson City, and for the homes south of the river as well. She felt it was a very positive step in the direction of being able to meet the needs of the citizens needing this assistance, and urged City staff to expedite its part in seeing this program Implemented. Councilman Green complimonted the Council on its recent action to send representation to the January 17 meeting before Mr. Tom Irwin and Mr. Mel Fisher of the Gaming Commission. He felt the City's attendance was a positive step and that the 252 REGULAR COUNCIL MEETING, JANUARY 24, 1994 Gaming Commission appreciated receiving the information which the City fumished at that meeting. Councilman Bertel asked City Administrator Dave Johnston for clarification of the administration of the buyout, the percentages of damages Involved, and what impact the buyout would have on the citizens. Mr. Johnston replied It Is still too early to know all the details, but did explain the differences as seen by the CDBG and the Hazard Mitigation concerning the damage requirements. Councilman Bertel also asked City Administrator Dave Johnston if he was aware of any building that might be going on In the North Jefferson City area without permits. Mr. Johnston stated he was not aware of any construction that would warrant a building permit, and that people may still obtain permits if the reqylrements of the flood plain management are met. Councilman Halsey thanked Director of Planning Code Enforcement Keith Devault for I the report submitted to the Council concerning the older neighborhoods In the City, and encouraged him to continue to perform the application work, and also to keep the lines of communication open by submitting bi-monthly reports. ii Councilman Estes-Benward recommended that the Staff write a letter to the Corps of Engineers regarding the riverboat casino development agreement reminding them that the City has already addressed the Issue of the flood plain level so that can be taken Into consideration when they make their decision on Becker's application. City Administrator Dave Johnston explained that the letter from FEMA Included In the - packet Informs the City that It Is obligated to obtain a no rise certificate from the developer's engineer to address the Issue of water displacement caused by the underwater construction pillars. The resolution passed by Council directed Staff to pursue a variance to that no-rise certificate, and they are now negotiating options with FEMA on that Issue, Mr. Johnston assured Councilman Estes-Benward that the City Is In touch with the Corps of Engineers regarding her concern. Councilman Nilges stated that, as Finance Chairman, he would appreciate It In the future if any "finance" news of the magnitude of the buyout grant be relayed to him personally rather than him learning about It In the news media, N Councilman Wrigley stated he wished to make a motion, and stated that Article III of the City Charter, Section 3.11(b) provided the authority for his motion. That Article reads as follows: Is REGULAR COUNCIL MEETING JANUARY 241 1994 253 Rules and Journals. The Council shall determine its own rules and order of business. It shall cause a Journal of its open proceedings to be kept and this journal shall be open to public Inspection. Councilman Wrigley's motion was as follows: There is hereby created a parliamentary committee composed of the Mayor Pro Tern and two most senior-sitting Council persons. They (the three) shall elect the chairman of the parliamentary committee, and they shall be empowered to review and rule on the adequacy of any ruling of the Chair. Motion was seconded by Councilman Green. Mayor Gardner stated she had letters from both the City Counselor and an outside attomey stating that for the Council to Infringe upon the Mayor's power of appointment by stipulating who should be appointed Is not permitted. Councilman Wrigley stated that his motion specifically addressed "any ruling of the chair,"not appointments. Mayor Gardner stated she did have Mr. Garner's letter available for anyone who wished to see it, and opened the motion for discussion. After discussion, Councilman Wrigley moved the question. The question was approved unanimously. The motion was then approved unanimously. Councilman Wrigley then made the following motion: If a Councilman asks a question of another Councilman, the other Councilman Is allowed to respond to the question at length as long as they do not return the Inquiry of the original Councilman. Motion was seconded by Councilman Halsey. Councilman Wrigley explained that the motion would allow that if Councilman "A" asks Councilman "B" a question, Councilman "B" has the right to answer the question at length without any interruption by the Presiding Officer. If at the time that the returning Councilman asks a question that is an inquiry, they are not allowed to do that—they only are allowed to respond to a question, and to do so at length. Councilman Wrigley stated that his motion was also Intended to provide that the Councilmen stay on the point of the question. Motion was then approved unanimously. Councilman Wrigley requested the City Administrator to ask the City Counselor to deliver to the City Council by the February 7, 1994, Council meeting an opinion on the first motion which he made conceming the establishment of a parliamentary committee and the structure of said committee. He requested that the opinion be delivered to the Council Members first. Councilman Nilges asked for clarification of the validity of their recent actions in specifying membership of the City Charter ad hoc committee. Councilman Wrigley 254 REGULAR COUNCIL MEETINGS JANUARY 24t 1994 stated he understood that the Council was permitted to establish the quallficatlons of committee members, and spacificaily In the ease of the City Charter ad hoc committee, the Council members themselves who would serve on the committee. He stated he would like to see In writing some legal opinions) regarding this matter. Mayor Gardner stated she did have such information she would make available to the Council. Councilman Wrigley asked that copies of that Information be mailed to the Council j members, There being no further business, Councilman Wrigley moved to adjourn, second by Councilman Green, and approved. The meeting was adjourned at 8:30 p.m. 1 I k r