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HomeMy Public PortalAbout19940404 OLD COUNCIL 292 REGULAR COUNCIL MEETING, APRIL 4, 1994 -n. X11 i! The Regular Council Meeting of April 4, 1994, was called to order at 7:30 P.M. with Mayor Louise Gardner presiding. Prayer was offered by Rev. John Tarbet, followed by the Pledge of Allegiance. VAL ..... The following Council Members were present for roll call: Present: Benton, Bernskoetter, Bertel, Byrd, Estes-Benward, Green, Halsey, Nilges, Wrigley Absent: Haake A quorum was declared present. Rezoning at 2418 through 2426 E. McCarty Street: No one present wished to speak on this rezoning. Rezoning 38.64 acres on extensions of Wildwood DrIvo/Edgewood Drive: No one present wished to speak on this rezoning, Rezoning at 3012 S. Ton Mile Drive: Mr. Mike Dalton, 5140-D Woods Road, Ashland, Missouri, representing Roark Realty Company of Jefferson City, requested that the Council suspend the rules and adopt Bill 93197 which will be Introduced at tonight's meeting. He stated the reason for the request Is that the property Is currently under a pending contract for sale subject to the rezoning. It Is currently In an estate, and two of the three properties have already been sold, and they would like to close the remaining sale as soon as possible so that demolition of the condemned building located on It can begin Immediately. h Rezoning 26.48 acre tract on Wildwood Drive Extension: No one present wished to speak on this rezoning. "N' 40 Mr. Dick Moore, Chairman of the committee which reviewed the Firemen's personnel policy, explained how the Fire Personnel Board had been established and structured, 293 REGULAR COUNCIL MEETING, APRIL 4, 1994 He also detailed the work which the Board had done since its inception approximately one year ago. Mayor Gardner commended Mr. Moore and the outstanding work which the Board had done in reaching its recommendations regarding personnel policy in the Fire Department. He urged the Council to adopt Bill 93-183 which will be considered later in the meeting. Mr. Tony Hiesberger, 1034 Carousel Drive, Jefferson City, Missouri, was present to speak on behalf of a delegation from the Dulle-Hamilton Towers Residence. He explained to the Council the fears of many of the residents at the Towers due to the recent escalation of crime there, and he introduced Ms. Mary England, a resident of Dulle. Ms, England informed the Council of some of the recent crimes which had been perpetrated against seniors and disabled persons at Dulle and urged the Council to take immediate action to upgrade security there. She distributed copies of a photograph taken of the scene of a recent violent crime there. Mr. Hiesberger then suggested the following action be taken: 1) A joint approach whereby the Housing Authority, County Commission, and City Council fund an additional law enforcement officer to be present in the facility during the "roughest hours." 2) Use of one of the housing units to be used by a young, athletic officer who could take up residence at the facility. After the presentation, Councilman Halsey moved that the Council work in conjunction with the other agencies involved to find a solution to the problem, and to do so within the next three weeks at most. Motion was seconded by Councilman Bertel, and approved. Mr, David Brizendine of the Cole County Commission, Western District, spoke in favor of Councilman Halsey's motion, and stated the County Commission would do what It could to work with the City and other agencies on this problem. Councilman Halsey moved that his previous motion be amended to Include the County Commission, motion was seconded by Councilman Bertel, and approved. Councilman Halsey then moved to approve his previous motion, as amended, seconded by Councilman Bertel, and approved. Mr. Curtis E. Chick, Jr., 1902 Sun Meadow lane, Jefferson City, Missouri, President of the Local Jefferson City Building and Construction Trades Council and a business representative for the Sheet Metal Workers. Mr. Chick stated he represented over 4,000 construction workers In the Central Missouri area, many of whom live in Jefferson City, and voiced his opposition to the action taken by City staff recently in sending a letter to Senator Larry Rohrbach taking a position of non-support of collective bargaining for city employees. He felt it was wrong that the letter was sent without first being discussed by the full Council. :}OWN.:.%.y•.i:.5{'•:; ::.l..r.::'5 .:}•..::.Y.:•5'n'41}x•.5;•:::r• .i}%:::ti.iY.{:{.:.%.%::::%, . :.S.:.ii..3.... $.:^:';::$:'.•.„5%.;.:...: rY.�r:i.Y:i'v;Yi;i%5: i%i}'::::{}'ri:.'f::,t<. f::;:.'f'fir•5'•},Yi tS%%'}::t': :::}r:%{{{..t...{...t:.N.:::.:t:.{v:r::::4%:i:'4:5 :;5:+::i..:'q:,+.v::::::'::._ri./.;;;..+.5,4�•:.f.Y�%fT,`>vF`+;•f,..:: �i;/•., �4 .. ..r�i 2si<;i;:^3':;:a{:`;,{„<...>::4:.:•::::::.:..:.: •>+z._.;c:::b5;;/.... :;.x•YYr.;r,:::4}i.%•`..••.}•...:r. ..�r.�^'t.,.:..C3'' }, a..•. 'Y XI•.'�'�..t,.•::...�7.f•.:....:.�6'<'"4?i:(• .r.:Nil,;:Yi.'•kv:'.'';:.is 2r'+,ats:4''<:..F:.::+/t,{.r,...{.y.4ot0.•.t4].:i.a4,:F,u:.,>.P:t{•x,tt t.}.<t�ka#aa{�.sa''•:SF::'%`sica:'E...F''<'t•e•�l`.Hyb'?,G���� The Consent Agenda consisted of the following items: 294 REGULAR COUNCIL MEETING, APRIL 4, 1994 a Council Minutes of March 21, 1994 , b Bid 1461 - Long Distance Telephone Service -All City kk� c Change Orders: 1 1. Contract with Aplex, Inc., for 1993 Major Maintenance Contract 2. Contract with Columbia Curb & Gutter for Southwest Blvd. Storm ! Drainage Improvements ' I d) Amendments to Airport Leases: 1. Dawson Management ' 2. Jefferson City Flying Service 4� 3. Central Missouri Realty j 4. Missouri Conservation Commission 5. Missouri Highway and Transportation Department 6. Missouri State Highway Patrol 7. Kenneth Wilson ! 8. J. C. Hangar Association s l 9. Fischer Farms ' 10. Lincoln University I� f e) Appointments - Cable Quality Commission: I Donna White, term to end 8-96 ' `# Councilman Nilges moved to approved the Consent Agenda with the exception of Item ,{ !! e), with that item being considered separately. Motion was seconded by Councilman Bartel. Councilman Wrigley thanked the Purchasing Department for providing information on Bid 1461, Iona distance telephone service, but stated that it did not is contain the Information which he specifically requested at the March 21 Council ? meeting. He reiterated he had requested a report regarding longg distance calls made by the City as to the majority of their locations. Councilman Wrigle then moved to ; amend Councilman Nilges' motion for approval of the Consent Agenda by also removing Item b) for consideration at a later time after information is provided to the Council as requested, motion to amend seconded by Councilman Bernskoetter, and approved. The motion to accept the Consent Agenda, as amended by the removal of t Items b) and e), was then approved. Consideration of Item e): Appointment of Donna White to Cable Quality Commission - Councilmen Nilges, Benton, Bartel and Halsey stated they felt that since Ms. White intended to run for City Council next Council year, it would disrupt the consistency of the Cable Quality Commission to approve her appointment. Councilman Wrigley spoke In favor of Ms. White's appointment because of her qualifications and her desire to serve her community, and encouraged the Council to approve anyone who had such a { desire. After further discussion, Councilman Halsey called for the question and requested a roll call vote on the appointment of Ms. White. Cali for question was approved. The appointment of Donna White was then approved by the following roll call vote: 295 REGULAR COUNCIL MEETING, APRIL 4, 1994 Aye: Bemskoetter, Bertei, Byrd, Estes-Benward, Wrigley Nay: Benton, Green, Halsey, Nilges Absent: Haake �¢ ^'S. .£>'>;x;"'•'v'Y!'yL,. 'q::`.f.L. ^:f:, £" :.r•.. ;t,i%-.f y">.r.::.:`},;�'.`-'�,'': Gi... L�iiY`r S fl• c:dll} t iS �J� .i Bid 1455 - Jet Sewer Cleaner, Public Works: Councilman Wrigley moved for approval, second by Councilman Bemskoetter, and approved. :?:.r,r "'r7 `;i"•nn?..}'C`yy:`.i��^Jf.'::3i:•`„'�',SYV:•` E�.,.:S.Ytfi3 iii>lt��'-'•Y` y,'` .�fit}�.,`r:se { .'i2 ,, h I. ::,r.t.ti-,N rax-»... .,... :.,.......:,.,,.+ .. .. .. ....,.. n�'»?.?2%::}:s. ..S.�:nL3iY'ki,.>1. '3... .7�:F,•i...,f -.a>;. ,#s. 3? Mayor Gardner stated that the following minutes and reports have been received, and are on file in the City Clerk's office: Board of Adjustment, 3-8-94; Historic Preservation Commission, 2-22-94; Planning & Zoning Commission, 3-15-94; Fire Personnel Board, 2-28-94; Commission on Environmental Quality, 3-3-94; Cable Quality Commission, 2-17-94; Public Works & Planning Committee, 3-24-94 ���([y�y/�jy�ry/� ,�yr��+M+(Yy.ya t 4 5 h.rt L{..�V f 4 Dy'S ^:' �7^ lj '`X�•,+R 5't Y �3�'k .R.7,lRS�S'7S 7f:T:�eTlT1RT fi-*: �..=,:�/;��:!'./• ..>.,. 49.e:t:->.xG..,,r:...}..,.TS,>,ia»,'>>�rx.t�i.l.:'§`rtin Rritt..�it�fiy 'knT»Y i ki.i''�S.t�`!. �� . Mayor Gardner stated she had received photographs of the riverboat which is currently under construction by Becker Gaming. She passed the photographs around to members of the Council and stated if anyone else wished to view them they would be available after the Council meeting. Appointments: Ad Hoc Charter Review Committee Clyde Lear Patricia Sanders Tom Rackers Paul Schleer Carolyn McDowell Fred Vogel Councilman Tom Benton Charles Weber Thomas D. Graham Steve Weber Ed Rackers Kenneth V. Wildhaber Richard J. Wilson Councilman Bemskoetter moved for approval of the appointments, second by Councilman Byrd, and approved. '"f.>RYM)/tt�33rrf; f}'.`-i' •r�':�°i.;' .?r. 4 y,�•' c ry`eP'44:Yti"F' 'ik96`a'; hv- 'k•' ' s Lsri .si'`F,i;' 'S:,J .,�.•' ,��.i`'y, �•• •lx. /si�l�+ G;lff,.ut .tf ��'� 1911190, sponsored by Councilmen Benton and Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING PARAGRAPH A OF SECTION 7-242 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CONCERNING THE NUMBER OF MEMBERS FROM THE SAME WARD SERVING ON THE CABLE QUALITY COMMISSION. 296 REGULAR COUNCIL MEETING, APRIL 4s 1994 Councilmen Benton and Bertel explained that they felt this bill was necessary in order to make it possible to appoint people wishing to serve on the Commission without the j restriction of ward residency. Bill 93-Ifll, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH S & V '! !? CONSULTANTS, INC. FOR 1994 STORMWATER MODELING AND ANALYSIS j i PROJECT. ' IBM 93-192, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A STORM, UTILITY AND SANITARY SEWER { EASEMENT. I ; I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE $11123-1m, sponsored by Councilman Haake, entitled: j MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BRYAN AND j ASSOCIATES CONSULTING ENGINEERS, INC. FOR 1994 STORMWATER !I IMPROVEMENT PROJECT. [Jill 23-114, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF MEADOWS PLACE SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. 11111 2349t, 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 2418 THROUGH 2426 EAST MCCARTY STREET FROM C-2, GENERAL COMMERCIAL, TO RD, TWO FAMILY RESIDENTIAL.., Bill 93-,32A, 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 'I JEFFERSON, BY REZONING 38.54 ACRES LOCATED ON THE NORTHWEST SIDE OF ! THE EXTENSIONS OF WILDWOOD DRIVE/WEST EDGEWOOD DRIVE FROM RA-1 AND RA-2, MULTIFAMILY RESIDENTIAL, TO C-0, OFFICE COMMERCIAL, AND C4, PLANNED COMMERCIAL. l � 297 REGULAR COUNCIL MEETING, APRIL 4, 1994 Bill 233,127, 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 3012 SOUTH TEN MILE DRIVE FROM RS-1, SINGLE FAMILY RESIDENTIAL, TO C-2, GENERAL COMMERCIAL. Councilman Green requested that the rules be suspended and Bill 93-197 placed on final passage. Councilman Wrigley stated he objected to the request for suspension of the rules. After further discussion, Councilman Wrigley withdrew his objection. Councilman Benton then stated he objected to the request for suspension of the rules. Since there were no other Councilmen objecting to suspension of the rules, Bill 93-197 was read third time by title, placed on final passage, and approved by the following vote as Ordinance No. 12060: Aye: Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: Benton Absent: Haake 8111..83-110, sponsored by Councilman Halsey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION UPON THE ISSUE OF ALLOWING LICENSING OF EXCURSION GAMBLING BOATS AND FLOATING FACILITIES IN THE CITY. - $, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING FOR EMERGENCY REPAIR TO INDUSTRIAL DRIVE. Councilman Bemskoetter asked that his name be placed on Bill 93-199 as a co- sponsor with Councilman Haake, and requested that the rules be suspended and Bill 93-199 placed on final passage. There were no objections to the request for suspension of the rules. Bill 93-99 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12047: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake ii : 4t } C 4 3 298 REGULAR COUNCIL MEETING, APRIL 4, 1994 e `.n ;: v, # °. x�'.•' `3 :',• ;Sit`f•,.�'yil •,,y ;, fyr' %iz•7??�,£:::w11$..k ;'4i t�� S:iS$,>;�i,>r3�ka::>'•i3.s f;'S,t)t':l.'•,.S,.t%>�•"tE%:t,>.�3SSf','S,,':r1:'� .: . `s��� t.;r:k•`.t•1,r.. 6�tc•..!r;t3:i .:!:,:>.�S �t:.�i%rl2x�k':�::t,,.,csctt7o;::�>':<.'::%{::i•.t u:�.:tnt.t.b:•;Y� tsl... k..Ji;4h%. ,:5.;:;:...•'.Citr.. i 1311123-176, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE j OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE A, (SPEED I 11ja SUBSECTION (G) (TWENTY MILES PER HOUR) OF SECTION 19401 BY THE DELETION OF REFERENCE TO MONROE STREET FROM EAST MCCARTY I TO THE EXPRESSWAY. t :t Bill 93-176 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12048: j Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None i Absent: Haake Ella-177, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND THE GROUND LEASE AGREEMENT WITH 13 THE MISSOURI DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL AT THE ' JEFFERSON CITY MEMORIAL AIRPORT. Bill 93-177 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12049: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges r and Wrigley Nay: None i Absent: Haake �i Bill 23:1i«, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A SECTION 18(1) GRANT FOR INTER-CITY BUS SERVICE. Bill 93-178 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12060: yy I 299 REGULAR COUNCIL MEETING, APRIL 4, 1994 (i Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges f ! and Wrigley Nay: None i Absent: Haake �i 81119,_3�7g, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUCHER, WILLIS, AND RATLIFF FOR PROFESSIONAL SERVICES FOR IMPROVEMENTS AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 93-179 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12051: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges :i and Wrigley Nay: None Absent: Haake sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR EASTLAND INTERCHANGE SANITARY SEWER RELOCATION. Bill 93-180 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12052: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None t Absent: Haake sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY OF A PORTION OF SCHUMATE CHAPEL k ROAD. Bill 93-181 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12053: i if;!f SO 0 REGULAR COUNCIL MEETING APRIL 4, 1994 Aye: Benton, Bemskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None = Absent: Haake Bill 22-182, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VISU-SEWER i CLEAN AND SEAL, INC. FOR HIGHWAY 54 SEWER REPAIR PROJECT. y Bill 93-182 was read third time by title, placed on final passage and passed by the I following vote as Ordinance 12064: Aye: Benton, Bemskoetter, Bertei, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None ' Absent: Haake ii !� 11111 23 j sponsored by Councilman Benton and Nilges, entitled: �I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE DEPARTMENT EXAMINATION AND SELECTION PROCEDURES. Councilman Nilges requested that Bill 93-183 be placed on the Informal Calendar, (� Councilman Benton reminded the Council that any bill on informal Calendar will have to be acted upon at the April 18 Council Meeting since it is the last meeting of the Council year, Ij ;4 sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH 1i LDDS/METROMEDIA FOR LONG DISTANCE TELEPHONE SERVICES. Councilman Nilges requested that Bill 93-185 be placed on the Informal Calendar. 93-188, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHO-ME COACH LINES FOR INTER-CITY BUS SERVICE. Bill 93-186 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12055: 301 REGULAR COUNCIL MEETING,APRIL 4t 1994 Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake Bill 9�3-187x, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE REPLAT OF PART OF BLOCK 19 OF WASHINGTON PARK ADDITION WITH ADJOINING PARCELS INCLUDED, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Green moved to amend Bill 93-187 to reflect the corrected legal description of the affected property, and distributed copies of the proposed correction. Motion to amend was seconded by Councilman Wrigley, and approved. Bill 93-187 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12468: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake Bill-23-16A, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF CREEKVIEW SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 93-188 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12087: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL TRUST BANK FOR EQUIPMENT LEASE/PURCHASE, 4 f3 i� �S Sr i ii �} 302 REGULAR COUNCIL MEETING, APRIL 4, 1994 Councilman Wrigley moved to amend Bill 93-189 by the addition of a now Section 4 which shall specify that any vehicle that is a pumper truck shall bear a prominent logo on each door, passenger and driver, that it is a Rescue Pumper In three-inch white letters. Motion was seconded by Councilman Nilges. Councilman Benton moved to amend the amendment by making the ney/ language Section 3 rather than Section 4, and renaming the currently existing Section 3 as Section 4. Motion to amend the amendment was seconded by Councilman Bertel, and approved. Discussion on the amendment, as amended, followed. After discussion, Councilman Wrigley stated he wished to change his amendment to specify that It shall apply to the two vehicles being purchased by the authorization of this bill, that the logo shall appear on the driver's door and most forward door on the passenger right-hand side, and that the lettering shall be required to be "conspicuous" rather than "white" and shall match the type style of existing lettering on the vehicles. The amendment was then approved. Bill 93-189 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12058: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake 23-187, 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. Bill 93-157 dies on the Informal Calendar. 23-158, 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 246, REGULAR OR STANDING COMMITTEES, 247, DUTIES OF COMMITTEES, AND 2-72, ROBERTS RULES OF ORDER, TO PROVIDE FOR A STANDING PARLIAMENTARY COMMITTEE OF THE COUNCIL AND ESTABLISHING ITS DUTIES. Bill 93-168 dies on the Informal Calendar. 303 REGULAR COUNCIL MEETING, APRIL 4, 1994 gill ;x,59, 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. Councilman Green requested that Bill 93-159 be removed from the Informal Calendar and placed on final passage. Councilman Green moved to amend Bill 93-159 by inserting a new section which shall be Section 2, that shall read as follows: The outcome of any action now pending before the Board of Adjustment or in Circuit Court shall not be affected, now or in the future, by this ordinance. Motion to amend was approved by Councilman Bertel, and approved. Bill 93-159 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12059: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes, Green, Halsey, Nilges and Wrigley Nay: None Absent: Haake 811 :1Z3, 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. Councilman Nilges requested that Bill 93-173 remain on the Informal Calendar. � t 01).�•�v 3l".f.:;Y�':;.,YrSr:w'::3,p.?.+x.:4�mo;,•,,¢•;,.y<''o�?`';`�z'>.$r>s?j 4• >".;:5:'#:r3:>�3•'{T.A,v`$rf,s.'*.irq..�#.'n^•.,x,..,:i5�3t:ns's f#':s.3°'#{;3 z`'vS;c#�.9'3�.'f s:f`.i:,:�f y 3y•?;')"`S;;'3,r,3-y,s:st C,i..sn'.x+:•r.,..y/,i>�•3..�.},.:,?y�.C'':'•,r.�°{"f�,•.s.y#y.,'r�`k•�.rf�+nt'• f �STl:W,�i.'i24.WiC�:L:•Ty�'•y'J� . G'Fi>��l.��.4F�?�FC.9'��'N�i.i%:r'Y.i fl/�5Y.4Yi.•fd:^.}' RS93-46, Declaring property right-of-way and naming Cooper Drive, sponsored by Councilman Haake. Councilman Bertel moved that RS93-46 be adopted, second by Councilman Byrd, and approved. ssg. w• ..�,;y;5'. ~•'.<••y .oi",• •c;:;r.f;.. >:�'dsb' s'i" rr`:;<;;4`;$:g%' �.. q{.':3 S•'.2> 5 'y'6' i . rv, ($7 .5■T' %TC} ��'5�k �,'/ xY::'�»�5: �C��I`k '/`r' ,...:N..v+'.•r:F ..s{,�x S awff w f."�MFy. ?L; �:t# i'".Niy,'�+�<t�'7,`��� r�Sbi": j?�;'� ��'.'Jr�rYSii•.:J4h� .`•� �• ,.s......, � i.' h'�$��:.sx .l<u.,w...;.. .'b;�.'fa{;L:�i� Ti'a%»�`,s�/.xs3'x,4ob.[ >•� . ' Councilman Bernskoetter reported that the April 7 meeting of the Environmental Quality Commission has been postponed and new meeting date will be announced when " scheduled. f a, 304 REGULAR COUNCIL MEETING, APRIL 4, 1994 a t 1W Councilman Nilges referred to a March 31, 1994, memorandum from Mayor Gardner i! which required City Staff to "please advise this office before any action takes places in the Flood Account No. 1993." Councilman Nilges asked that the staff not be required to report to the Mayor In terms of buyout information before any action takes place, Mayor Gardner stated she was not asking for approval, but rather that she be informed of what was being done. After discussion, Councilman Wrigley suggested that In the alternative, Staff could be requested to "please advise this office and the Council as any action takes place In the flood account." Mayor Gardner and the Council members concurred that the alternative language in the Mayors request suggested by Councilman Wrigley was acceptable. A"W"WON The Annual Financial Report was distributed by Finance Director Bette Wordelman, Auditor Elmer Evers will be present at the next Council meeting and Council members were encouraged to read through the audit report and be prepared to address any questions to Mr. Evers at that time. 0 A 'A W115-612011014 N .0 �'0V""I Mayor Gardner stated that since all Council members had not had a chance to read through the Executive Session minutes, the chair would entertain a motion to take a recess to allow the remainder of the Council to review them. Councilman Wrigley moved to adjourn for a ten-minute recess, second by Councilman Green, and approved,, The Couricil was recessed at 9:30 P.M. Council reconvened at 9:40 P.M. with Mayor Gardner presiding. Councilman Green referred to a memorandum from Mayor Gardner addressed to Council Members stating that he and Councilman Halsey had violated the Code of the City of Jefferson In the Executive Session by walking out while a vote was being conducted at that meeting. Councilman Green felt that several violations of the Code occurred at that meeting, and he felt It necessary to walk out of the meeting rather than il 11 be a party to what he viewed as violations. Councilman Green moved that, In the Executive Session minutes of the March 21, 1994 meeting, that, from the time the recess was called, the meeting was in adjournment, and that everything which occurred from that point forward be negated. Motion was seconded by Councilman Halsey. Councilman Halsey stated he would leave any meeting at any time he felt the meeting is .305 REGULAR COUNCIL MEETING, APRIL 4, 1994 was being conducted improperly, and therefore he did leave the Executive Session meeting of March 21, 1994 for that reason. Councilman Wrigley stated that clarification was needed regarding procedures, and explained how that objections should be made In order to be procedurally correct. After further discussion, Councilman Halsey stated that this sort of situation is the reason he has suggested that the Council needs an official parliamentarian, and then left the meeting at 9:50 P.M. Councilman Wrigley asked for point of order to ask City Counselor Allen Garner if Mr. Green's previous motion was invalidated because Councilman Halsey, the second to the motion, had left the meeting. Mr. Gamer stated that the question was not specifically covered by Robert's Rules or Order or the Council's own rules, and that technically the appeal would be to the Chair. He stated that there was no requirement that the person seconding a motion vote for the motion, so he was not certain if it would make any difference that the person seconding a motion be present during a vote on the motion, Councilman Wrigley made a substitute motion as follows: The motion on the floor be tabled and laid aside until such time as we can determine whether the second is required to be present to stand a vote on the motion which they seconded. Motion was seconded by Councilman Bemskoetter, Councilman Green asked for a ruling from the City Counselor whether his original motion was susceptible to a substitute motion. Mr. Garner ruled that Mr. Green's motion is susceptible to such a motion. Councilman Tom Benton move) to call for the question, motion seconded by Councilman Wrigley, and approved. The substitute motion was then approved, Mr. Green's original motion Is tabled. Councilman Wrigley moved to accept the Executive Session minutes of March 21, 1994, seconded by Councilman Byrd. After clarification by City Counselor Allen Gamer on the effect of Councilman Wrigley's motion, Councilman Wrigley withdrew his motion, There being no further business, Councilman Wrigley moved to adjourn, motion seconded by Councilman Bartel, and approved. The meeting was adjourned at 10:10 P.M. if ��