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Home My Public Portal About19940307 271 REGULAR COUNCIL MEETING MARCH 71 1994 tY •}#.}15^,• ,,,,.,:.} :rsi?, 's`/,• ••?TC:z'?'1.A>.S,siH r,,.�Fe',y;}^�f,' 9rrg ^>;err?'Y.•.v,}�;�r�,, ' `, .a n,''4�'..,,w.;:i�•.n. r i.'•;i.'. /.••,``.•~�S„}.R.:,'#r✓S�•....•.'.,#. :...y>:}/:5 ...'.,.,,:fr<: •r``!.'`:.:'2`+,. :¢<,�. hiss?:.:r:}> !/..!... : ?/ ,...1..r.:4 ..!.£;:::r,,:!:y,.:::5 f? ?#f•: .!:;!.:.:;....:1?:;a^;ts !C... .. .,,.X .i,. ..�.F.. .. .�# �h iY�?r Yn':%;°.lf•��f:�rE; 7'::G}t}:ir? �.'.,?ri.. i 4.:4.'!r!��r�'!.•`�r#.�r ,...: .. .. .. .£ ... .,.:.�;:,y.; The Regular Council Meeting of March 7, 1994, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Rev. Monte Shinkle, followed by the Pledge of Allegiance. 'L a p,QY '4Lt,? `F:'G�fi;>;4F.J'4`�yyttyy ,.?aiF�:��.°;a.. k�A'ri�? '4?j.Q. '�a?”'<:'!t:y?;'::��:,y}}}?,..xru•M.•Lav`'w�4.?.! �yv� } 2>?:y.,i.?:;:G•r }'!.,>} r;':' ?."'R :}: �• csg •.FY.!r:.}it »>::;k,�xk: x .Y... k:unG £u.Qp,2:.?JZ{?% �3>h` ?" a?z?w:.::>jv{32 Sff3? y,4<:..�.. ��i •n'+ ,r}Wr}r.43.rh•.v:Swv:r:O.JvF}R}:J:WnO?:L}JYiS :v�rri,i:ih.L + +t' :isi:} X�,:�'r�r:,n:4}}/•r:b�r The following Council Members were present for roll call: Present: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey, Wrigley Absent: Nilges A quorum was declared present. ��}'}�� I(�' g *;'�'^'"r;'."a"•h<• „:ti•Y'e>M. ;�:}MMfr'�}dNS3:�'d'.s,�:w.a tiSn'�'?h;7cau. .: n`c:k*v y'3i +n•. ..a...,.,o..)`:?.%�.'va �� `^./R;.�M�M'��..�.vq{�� 7;.�h.�.si� .y, } y� x y: •' �,v .x �n, tF'"` <. � �•t�""t r,,1 I a .yb �3 <� !1,�� ' {: }� $�v�.��`��v .�.lv��c°�'�`�Ht.�}3.L yw��,.��Y��.�'�'`k \51, ,,�•��"+`�Z• '� t� Zr y `sv ��i`c`"\`E.� }. �i 9.. t ..£, r.1.,._y..err.P,s 1''s..9' bt. }.t.�..far \,..}'y ';.•\ ..\.i . ..i•T'::\ ,. .ri Y.,r.: ir:'[h A public hearing was held on the Dix Road/Southwest Rlyd, Street Improvements. The following citizens were present to speak on the proposed improvements: Don Schnieders, 1309 Fairgrounds Road, who suggested two right-hand turn lanes as an altemative to spending the proposed figure of $600,000. Mr. Harold Butzer, 411 Schellridge Road was in favor of the project, but was concerned about the effect it would have on Wear's Creek. Dr. Jim Howard, 1122 Westwood Drive, business address 610 Dix Road, suggested approaching the affected business owners in a business-like manner instead of "nibbling away" at each of them to accomplish this project, Celeste Koon, 1017 Holly, who served on the Citizens Advisory Greenway Committee, spoke in favor of the project and she feels that a side benefit of the project would allow for continued development of the greenways in the City, Marty Brose, Director of Public Works, made a visual presentation of the project, explained details of what the project would encompass, and answered questions from citizens and Council members. A public hearing was held on Rezoning on Southwest Blvd, There were no comments on this public hearing. A public hearing was held on Rezoning on Fairgrounds Road & County Park Road. Councilman Bartel asked Keith Devault, Director of Planning & Code Enforcement, is questions regarding residential concerns connected with the rezoning. Mr. Devault stated that he has encouraged citizens in the area to attend the Board of Adjustment 272 REGULAR COUNCIL MEETING MARCH 79 1994 meeting at 7:30 a.m., March 8, to voice their opinions and ask questions on these ;! concerns. I' i A public hearing was held on Rezoning on Sunset Lake 13oad & Southridog ►give. There were no comments on this public hearing. A public hearing was held on Use of Unap ro oved Elat in Sale of_Land. Mr. Tim Reed =! spoke on behalf of Engineering Surveys & Services, 802 El Dorado Drive. Mr, Reed spoke in favor of the proposed revision to the subdivision ordinance. He stated that in April, 1993, all of the registered land surveyors in the State of Missouri received a letter from the state board concerning new minimum standards, and he felt that if the '! proposed revision to the city subdivision ordinance refers to the standards which have ' been promulgated by the state board, it would ensure that surveys which are performed are In accordance with state standards, Mr. Reed presented a copy of the standards language to the City Clerk. ' Councilman Green stated that it was his intention to place Bill 93-159 regarding this 'r matter on the informal Calendar so that language can be amended as it applies to commercial property. _ At this time, Mayor Gardner recognized two Boy Scout troops which were present at the i meeting, and asked their troop leaders to Introduce themselves. Troop Leader Rex �} Hall Introduced Troop 1, First United Methodist Church, Troop Leader Joe Dayringer introduced Scout Troop 333, :4 Maffilff v ♦ i. XL� &;sko P f 3-`iiJ.�C 2:i�.r``.'.t`•r .# i iv:'r,'�r:. �e The Consent Agenda consisted of the following items: S� a Council Minutes of February 21, 1994 b Conditional Use of Right-of-Way at 1510 Hayselton Drive ' c Old 1459 -West Main Street Improvements, Public Works Dept. d Appointments: Ad Hoc Charter Review Committee Clyde Lear Charles Weber Tom Rackers Steve Weber Carolyn McDowell Kenneth V. Wildhaber Councilman Tom Benton Richard J. Wilson Thomas D. Graham Councilman Jim Heake Ed Rackers Councilman Chris Wrigley Patricia Sanders Councilman Rick Nilges Paul Schieer Councilman Randy Halsey Fred Vogel i { 273 REGULAR COUNCIL MEETING, MARCH 7, 1994 Councilman Byrd moved to approve the Consent Agenda, second by Councilman Green, and approved. y► AWN.,........-.+{+.L-uF 5-':•::ti.p'1:.. .1{ iiii{....^.,f$.'.�;.{a,{::F•i{.S:i..i'>:.:"f%:':i¢•Y;.;:v{•{9.+�,r.,fr•.•.,.Xy'.,Flyh",.`r�.nSLS"J/•F:{:nui{iC{f7t?4a{:c:{.a3fa:Yi,•i<?j;$.�(�°;stJti/.'C.:+b.,Ja,•:•�f.`f2'G'•J'"•t•,yJ�,�' . Mayor Gardner 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. ,ir r.J. rriiarihfr r�iV K '•l'"a NFA34Yfr,ay. ra'.'fYG:ti:viwi"+.ir»Yi»' iYta Bill 93:1Q7, sponsored by Councilmen Benton and Bartel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON; PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Bill 93:1fil, 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 CAPITOL IMPROVEMENTS TO WEST MAIN STREET. Bill 93:J60, sponsored by Councilmen Bernskoetter and Estes-Benward, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH LAIDLAW WASTE SYSTEMS, INC., FOR COMMUNITY TRASH SERVICES, Councilman Bernskoetter explained the process by which this contract was brought to the Council. He stated that this contract will allow for a very substantial cut In rates to consumers, and that the Solid Waste Committee and other City staff who worked on this project are to be commended for their hard work. Councilman Bernskoetter answered questions from other councilmen regarding the proposed contract. 1311193-J 70, sponsored by Councilmen Haake and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING EXECUTION OF DOCUMENTS TO OBTAIN THE PROPERTY FROM HOUSING ! i3 f 274 REGULAR COUNCIL MEETING, MARCH 7, 1994 AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN ' CITY PROPERTY SURPLUS AND DIRECTING THE TRANSFER OF PROPERTY TO THE LOCAL CHAPTER OF HABITAT FOR HUMANITY. Bill 93-171, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION UPON THE ISSUE OF ALLOWING LICENSING OF EXCURSION E GAMBLING BOATS AND FLOATING FACILITIES IN THE CITY. 1; i, Bill 93-IZ2, sponsored by Councilmen Nilges and Bartel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ASSIGNING ADDITIONAL DUTIES TO CERTAIN STAFF MEMBERS AND SETTING COMPENSATION IN CONJUNCTION WITH THE ADMINISTRATION OF THE FLOOD t BUYOUT PROJECT. " Councilman Bartel stated that she had spoken to her co-sponsor, Councilman Nilges, and they both agreed that they wished to withdraw Bill 93-172 at this time. Bill 93-172 is withdrawn. $1i1-$3-11, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING SECTION 2-354(L) OF CHAPTER 2 PERTAINING TO BUDGET ADJUSTMENT REPORTING REQUIREMENTS. 8111,93:1 ZA, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A POSITION CLASSIFICATION AND PAY PLAN STUDY. Bill 93.175, sponsored by Councilmen Haake and Bartel, entitled: I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF COLORADO STREET EXTENDING BETWEEN MYRTLE AVENUE AND PIKE STREET. ft(I v �'` a+ir.;• a ai ;`>'•..�w.� �.4, r}i`� t3. �� ?iy£,z'' .ru.2,,�9,.:rFfi%'' H`>vv,?SY.,„�w t`M.>TrS r&;fiiY..l,:v:•g::: ri<.SifF �f Y `Y' 'qi 5' Y .;'t'i 1.! 5 .c. j }s, :. y''lf-s�t>.:-cjy. yq € a2,2{.>.i.'?C;^•:.,::«e .':i.s,;¢r;`•.%.S �;� - `'� i �� . � � � �' ��'�� .��.�� •:.fix«:c;>:.x;.:<;;M:..;,.�z � Bill 23-15 , sponsored by Councilman Green, entitled: j 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 ,AF LAND. i �I 275 REGULAR COUNCIL MEETING, MARCH 7, 1994 Councilman Green requested that Bill 93-159 be placed on the INFORMAL CALENDAR Rill 91, sponsored by Councilman Green, entitled: 3 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, I PLANNED UNIT DEVELOPMENT i Bill 93-160 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12034: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and Wrigley Nay: None Rill M:161, 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 10 ACRE TRACT AT THE NORTHEAST CORNER OF FAIRGROUNDS ROAD AND COUNTY PARK ROAD FROM PUD, PLANNED UNIT DEVELOPMENT,TO C-2, GENERAL COMMERCIAL. Bill 93-161 was read third time by title, placed on final passage and passed by the following vote as QrdinOnce 12035; Aye: Benton, Bemskoetter, Bertei, Byrd, Estes, Green, Haake, Halsey, and Wrigley Nay: None Bill 61302 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 93-162 was read third time by title, placed on final passage and passed by the I ! following vote as Qfd([)aoce 12036: ;c II If 276 REGULAR COUNCIL MEETING, MARCH 7, 1994 Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and i Wrigley {� Nay: None f �I j ill 93-164, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE {` a OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE J, (PA_. RKING PBOH19ITED) SUBSECTION (A) (STREETS AND HIGHWAY0 OF SECTION 19401 ! 1 BY THE ADDITION OF A PORTION OF SOUTHWEST BOULEVARD. ; j Bill 93-164 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12037: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Haake, Halsey, and Wrigley Nay: None Bill 23165, 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 i# FOR ENGINEERING SERVICES FOR THE FORCE MAINS UNDER THE MISSOURI P' RIVER. Councilman Haake requested that Bill 93-165 be placed on the Informal Calendar. I $lll ga:.166, sponsored by Councilman Nilges and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE I MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A GRANT RELATED TO FLOOD 4 BUYOUT. Councilman Bertel moved that Bill 93-166 be amended to reflect the changes which she distributed to Council members at the beginning of the meeting. Those changes i would change the word "Agreement" in the title to "Document"; change the word H "Agreement" in Section 1 to "any and all documents."; change the language of the last �I sentence of Section 1 to read "The Initial grant amount is $1,500,000.00,0; change the word "agreement" In Section 2 to "documents," Motion to amend was seconded by Councilman Byrd, and approved. Bill 93-166 was read third time by title, placed on final passage and passed by the following vote, as amended, as Ordinance 12n.14A; 4 277 REGULAR COUNCIL MEETING, MARCH 7, 1994 Aye: Benton, Bertel, Byrd, Estes, Green, Haake, Halsey, and Wrigley Nay: Bemskoetter d exC /, s gX3f33 Elam�NY3. 4<i64 •i ` y. " ! 4,• } ., .., }S .,,.•,::i.:..-.,• ✓a' .. .,. ::•.r5."tr?.:?i.:i; %3, . .GnSi i .`.:. ;.tii�: �.iO '.s 5 ''•:o- '.itiY. i::} $3;,x,57, 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 stated that he was concerned about the fact that minutes of the Finance Committee meetings at which the Riverboat Gambling issue was discussed and acted upon do not exist. City Administrator Dave Johnston stated that since the meetings were duly constituted Finance Committee meetings, there should be written minutes on record, and he stated that those minutes would be reconstructed from media and notes available. Councilman Halsey also suggested that the Council review before voting on Bill 93-171 at the next meeting the Riverboat Gambling contract, section 9.6, pertaining to "Frustration of Purpose," Councilman Bernskoetter agreed with Councilman Halsey that committee meeting minutes needed to be provided in a timely manner. Councilman Halsey then requested that Bill 93-157 remain on the Informal Calendar. Hill 83-151 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, ROBERT'S RULES OF ORDER, TO PROVIDE FOR A STANDING PARLIAMENTARY COMMITTEE OF THE COUNCIL AND ESTABLISHING ITS DUTIES. . Councilman Wrigley requested that 811193-158 remain on the informal Calendar. RS93-37, sponsored by Councilman Nilges, Bertel and Halsey, pertaining to Funding Support for Capitol City Council on the Arts, Councilman Bertel moved that RS93-37 be approved, second by Councilman Halsey, and approved with Councilman Wrigley j voting "Nay." I� i� `t Y� 278 REGULAR COUNCIL MEETING, MARCH 79 1994 RS93-38, sponsored by Councilman Nilges and Benton, pertaining to Community Development Block Grant for Housing Rehabilitation. Councilman Benton moved that is RS93-38 be approved, second by Councilman Wrigley, and approved. I ii V wwwm-,W-- S Councilman Green asked for the reason that Bill 93-165 (force mains under Missouri River) was placed on the Informal Calendar. Public Works Director Marty Brose stated that the City was waiting until after a meeting with FEMA which was scheduled for March 14. Councilman Green cautioned against procrastinating In this matter. Councilman Halsey reminded the Council that he had asked for a study report on the bus service in the City several meetings ago. He asked staff to furnish him with Information which he requests In a timely manner and not withhold it until it Is ready to be acted on by the Council. r— RIA Councilman Halsey stated that he has had several calls within the last few weeks from citizens who fool that certain areas around the City are being neglected (i.e. McKay Park, streets, Infrastructures) while time Is being spent on other Issues such as Riverboat Gambling and the flood. Councilman Halsey stated that several months ago he had asked for an estimate of the cost of the Infrastructure to the north side of Jefferson City if Riverboat Gambling comes to the City. Also, If all the families In north Jefferson City do not wish to sell, k would the City be responsible for the cost of the Infrastructure? He stated he Is still waiting for that estimate, and he would like to have some Information on that before the next meeting. Councilman Green stated that he had requested some Information of Police Chief Gary Kempker regarding businesses which stay open past 10:00 p.m. lie stated avenues are being explored which could deter violent crimes In businesses (i.e. convenience stores, etc.) such as occurred recently In Columbia, Missouri, where three convenience store workers were brutally murdered. He requested that Chief Kempker provide this Information to the other Council members. 279 REGULAR COUNCIL MEETING, MARCH 7. 1994 There being 'no further business to come before the Council, Councilman Wrigley moved for adjournment, second by Councilman Halsey, and approved. The meeting was adjourned at 8:45 P.M. i ii i1 I� t� i , ,tt ' f s� i� `cI . i r� �. ft i' �� Ik Fi j+ � S y