HomeMy Public PortalAbout19940221 REGULAR COUNCIL MEETING, FEBRUARY 21, 1994 263
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The Regular Council Meeting of February 21, 1994, was called to order at 7:30 P.M.
with President Pro Tempore Chris Wrigley presiding.
Prayer was offered by Councilman Bartel, followed by the Pledge of Allegiance.
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The following Council Members were present for roll call:
Present: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake,
Halsey, Nilges, Wrigley
Absent: None
A quorum was declared present,
Miss Whitney Ambrose, 1001 Fairmount, Jefferson City, voiced her concern about
Jefferson City as a safe place in which to live if riverboat gambling is present.
Mr. Bill Galloway, 808 Clark Street, Jefferson City, Missouri, spoke about the problem
of vandalism in the city. Councilman Green asked Mr. Nathan Nicholas, City
Prosecutor, to detail how the City currently deals with vandalism, and his opinlon(s)
regarding whether more effective methods or tools are needed to deal with the
problem. Council members asked Mr. Nicholas and Police Chief Gary Kempker to be
sure and inform them if there is anything the Council can do which would aid them in
addressing this issue,
The Consent Agenda consisted of the following items:
a Council Minutes of February 7, 1994
b Change Order for Wastewater System Improvements Project
c Bid 1453 - Sewer Video Inspection System, Public Works
d Bid 1454 - Street Marking Paint, Public Works Dept. i t
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264
REGULAR COUNCIL MEETING, FEBRUARY 21, 1994
e) APPOINTMENTS: Plumbing Board of Review& Examiners
l Ronald L. Boyce - Reappointment; Term to end 12-96 !i
j Alfred H. Schmitz - Reappointment; Term to end 12-96
j, Pat E. Schulte - Reappointment; Term to end 12-96
James F. Luetkemeyer, Appoint to replace Jerry Kramp whose
term expired; Term to end 12-96
Councilman Green moved to approve the Consent Agenda, second by Councilman
Bartel, and approved.
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President Pro Tempore Wrigley stated that the following minutes and reports have
been received, and are on file in the City Clerk's office:
Historic Preservation Commission, 1-25-94, Board of Adjustment, 2-8-94; Parks &
Recreation Commission, 1-10-94; Parks & Recreation Park Properties Committee,
1/27/94; Parks & Recreation Activities Committee 1-18-94- Transportation &Traffic
Commission, 2-10-94; Cable Quality Commission, 1-20-94 & 12-16.93; Cable Quality
Commission Subcommittee on Franchise Extension, 1-19-94, 1.12-94, 12-16-93 & 12-
15-94.
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Bill 23-152, 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 I SECTION 33-3
OF CHAPTER 33 AS IT PERTAINS TO USE OF UNAPPROVED PLAT IN SALE OF
LAND,
Bi11.QU60, 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 AN 8.2 ACRE TRACT LOCATED TO THE REAR OF 817-
919 SOUTHWEST BOULEVARD FROM RA-2, MULTI-FAMILY RESIDENTIAL, TO PUD,
PLANNED UNIT DEVELOPMENT r
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13111.83-M, sponsored by Councilman Green, entitled:
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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 10 ACRE TRACT AT THE NORTHEAST CORNER OF
FAIRGROUNDS ROAD AND COUNTY PARK ROAD FROM PUD, PLANNED UNIT
DEVELOPMENT, TO C-2, GENERAL COMMERCIAL.
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265
REGULAR COUNCIL MEETING FEBRUARY 219 1994
Bill 93i162, 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 .86 ACRE TRACT LOCATED AT THE NORTHEAST
CORNER OF SUNSET LAKE ROAD AND SOUTHRIDGE DRiVE FROM RS-2, SINGLE
FAMILY RESIDENTIAL, TO C-0, OFFICE COMMERCIAL.
Bill 99&1 f, sponsored by Councilmen Nilges and Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF
MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A CDBG GRANT
RELATED TO FLOOD BUYOUT.
Councilmen Nilges and Bertel requested suspension of the rules on Bill 93-163.
Discussion on Bill 93-163 was as follows: Councilman Hooke stated he felt that people
who had paid premiums on flood insurance should be given the same consideration in
the buyout as people who had no Insurance. City Counselor Allen Garner stated that
an amendment to Bill 93-154 (which would be pending for vote later on the agenda)
would address that concern, Councilman Bemskoetter reminded the Council that the
buyout is still costing the taxpayers money even though the City is receiving money
from other governmental sources. Councilman Halsey asked what portion of the
buyout would Involve the City's own half-cent sales tax. City Administrator Dave
Johnston explained that the sales tax would be utilized in a "circuitous" way in various
aspects of the) buyout. Councilman Halsey stated he felt a public hearing should be
held before the City committed to spend the $300,000 involved and allow the public an
opportunity to voice its opinion. President Pro Tempore Wrigley stated that capital
Improvements was an Issue on the agenda for the February 24 Public Works meeting,
and suggested that might be the best avenue to discuss the utilization of the half-cent
sales tax. After further discussion, Councilman Halsey called for the question, and the
call was approved. Bill 93-163 was read second and third time by title, placed on final
passage, and passed by the following vote as QrdinAnc;e 12033:
Aye: Benton, Bertel, Byrd, Estes, Green, Hooke, Halsey, Nilges, and Wrigley
Nay: Bemskoetter
1311,83-,164, 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, (PARKING
PROHIBITED SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19401
BY THE ADDITION OF A PORTION OF SOUTHWEST BOULEVARD.
266
REGULAR COUNCIL MEETING, FEBRUARY 21, 1994
Bill 93�1_B5, sponsored by Councilman Haake entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BLACK AND VEATCH
FOR ENGINEERING SERVICES FOR THE FORCE MAINS UNDER THE MISSOURI ,
RIVER.
Bill 93-166, sponsored by Councilman Nilges and Bartel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR A GRANT RELATED TO FLOOD
BUYOUT.
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Bill 83.151, 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, (PARKING '.
PROHIBITED) SUBSECTION (A) (STRBETg ANN. HIGHW yS) OF SECTION 19401
BY THE ADDITION OF A PORTION OF COTTAGE LANE.
Bill 93-151 was read third time by title, placed on final passage and passed by the
following vote as
i Aye: Benton, Bemskoetter, Bertei, Byrd, Estes, Green, Haake, Halsey, Nilges, f
and Wrigley
Nay: None
Bill 21-152. sponsored by Councilman Byrd, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
E OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING SECTION 23-3 OF
I CHAPTER 23 OF THE CODE ENTITLED"FEES FOR USE OF GOLF FACILITIES."
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Bill 93-152 was read third time by title, placed on final passage and passed by the
following vote as Ordln n e 12026
Aye: Benton, Bemskoetter, Bartel, Byrd, Estes, Green, Haake, Halsey, Nilges,
and Wrigley
Nay: None
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REGULAR COUNCIL MEETING, FEBRUARY 2111 994
$11193,153, sponsored by Councilman Wrigley, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
2-73 OF CHAPTER 2 OF THE CODE OF THE CITY OF PERTAINING TO LIMITS ON
CONSENT AGENDA BY THE ADDITION OF REQUIREMENT OF FIVE BUSINESS
DAYS NOTICE TO COUNCIL OF ALL BIDS OVER $25,000 WHICH DO NOT
INVOLVE CONTRACTS.
Bill 93-153 was read third time by title, placed on final passage and passed by the
following vote as Qgdil3lipg 12029:
Aye: Benton, Bemskoetter, Bertei, Byrd, Estes, Green, Hooke, Halsey, Nilges,
and Wrigley
Nay: None
Bill 93-30, sponsored by Councilman Nilges and Bartel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE
1993.94 BUDGET FOR THE FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION
VOLUNTARY ACQUISITION PROGRAM.
Bill 93-154 was read third time by title. Councilman Hooke made a motion to amend
Bill 93-164 by adding people who have paid for flood insurance up to not longer than
tan years by reimbursing them for the amount of premiums they have paid. Motion was
seconded by Councilman Byrd. After discussion, Councilman Hooke withdrew his
motion to amend, and Councilman Byrd withdrew his second. Councilman Hooke then
moved to amend Bill 93-154 by adding people who have paid for flood insurance up to
not longer than five years by reimbursing them for the amount of premiums they have
paid. The motion was seconded by Councilman Byrd, and failed. Bill 93-154 was then
passed by the following vote as Q(dInancej2o30:
Aye: Benton, Bartel, Byrd, Estes, Green, Hooke, Halsey, Nilges, and Wrigley
Nay: Bemskoetter
Bill 9&355,, sponsored by Councilman Bartel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING SECTION 20-28(D)3 OF
CHAPTER 20 PERTAINING TO DISTRIBUTION OF FUNDS TO SHELTERS FOR
BATTERED PERSONS.
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268
REGULAR COUNCIL MEETING, FEBRUARY 21, 1994
Bill 93-165 was read third time by title, placed on final passage and passed by the
following vote as QLdli3ange 12031,
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges,
and Wrigley
Nay: None
Hill 93 J ffl. sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 1
11 MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI
NATIONAL GUARD FOR USE AND OPERATION OF LAGOONS.
Bill 93-156 was read third time by title, placed on final passage and passed by the
following vote as QrdjLjU0r& 120:32;
Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, Nilges,
and Wrigley
Nay: None
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sponsored by Councilman Halsey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION
UPON THE ISSUE OF PERMITTING LOTTERIES, GIFT ENTERPRISES, AND OTHER
GAMBLING GAMES ON RIVERBOATS AND WATER-BASED FACILITIES IN THE CITY.
Councilman Halsey requested that Bill 93-157 be placed on the Informal Calendar until
the Council can see what outcome the current Legislative session has on this Issue.
sponsored by Councilman Wrigley, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON BY THE ADDITION OF LANGUAGE TO CHAPTER 2,
SECTIONS 2-46, REGULAR OR STANDING COMMITTEES, 2-47, DUTIES OF
COMMITTEES, AND 2.72, ROBERTS RULES OF ORDER, TO PROVIDE FOR A
STANDING PARLIAMENTARY COMMITTEE OF THE COUNCIL AND ESTABLISHING
ITS DUTIES.
Councilman Wrigley requested that Bill 93-158 be placed on the Informal 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
REGULAR COUNCIL MEETING, FEBRUARY 21, 1994 269
JEFFERSON TO PROVIDE SEWER SERVICES TO COMMAND WEB OFFSET
MISSOURI, INC.
Councilman Nilges requested that Bill 93-129 remain on the Informal Calendar.
Eli11,93-JN, sponsored by Councilman 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.
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, sponsored by Councilman Wrigley, pertaining to the establishing
a policy on use of excessive force during nonviolent civil rights demonstrations,
Councilman Nilges moved to approve RS93-36, second by Councilman Halsey, and
approved.
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Councilman Bertei reported that at the last Cable Quality Commission meeting, It was
determined that the FCC has not given clear direction to cable operators concerning
Issues such as rates, cost of service, and a la carte. Therefore, the question of TCI's
franchise has been tabled until those directions come from the FCC, and that probably
there wouldn't be anything to report on concerning the franchise agreement for quite
some time.
Councilman Benton thanked Councilman Bartel for her help in filling In for him on the
Cable quality Commission during his recent absences,
Councilman Benton voiced his agreement with Councilman Nilges's request at the last
meeting in which he asked that more reporting be required on budget items,
Councilman Benton stated a constituent had contacted him regarding the City's
ordinance on auto-dial burglar alarms. Police Chief Gary Kempker explained that the
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REGULAR COUNCIL MEETING, FEBRUARY 21, 1994
reason such an ordinance is needed is to prevent the 9-1-1 lines from being
overloaded by false alarms triggered by auto-dial burglar alarm systems.
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Councilman Bemskoetter asked Chief Kempker to explain how the City Police handle (�
complaints about persons who smoke in local establishment non-smoking areas. Chief i
Kempker stated that the City Police will take a formal complaint, then refer it on to the `
County Prosecutor for further action. 4
Councilman Halsey moved to go into Executive Session for the purpose of discussing
litigation, motion was seconded by Councilman Estes-Benward, and approved by the
following vote at 9:20 P.M.:
Aye: Banton, Bernskoetter, Bertel, Byrd, Estes-Benward, Green, Haake,
Halsey, Nilges and Wrigley.
Nay: None
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