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Home My Public Portal About19940620F- 0 355 REGULAR COUNCIL MEETING, JUNE 20, 1994 f :'#,:i.. „}:?+r%:�#`:{i??a':::5:,. ..#.•t..:.,..,t f.. ,>z:.a;,}}• '.r"F :3f•:>:::?rt:• :...::... ••.#ds••., ;`f. .�( {<, '��r 0�9•:' ,.,yya..`,i:•.:.•:d.,::::s-.:.,F.r{,y?;::,,<:::::.:.:::, .::Y.,{;.?,¢:.'i >:',{•,;.; . ...<;,}.;.;....,, ::.r;:;>y,'4,�„Y`a,3�f;4t. .!} .C3{ F..:.,. nT.,. .3.• .:.�.:y. :.,tt.:•::. a:;}:.:..,.;,.�:;..; .;,#,:• :,;:;:'k?:yr,•;>,`.:.::<?'.{:f:%'f#.i2%:::`,ib'^Ys•�•s,.: .,..£'N.'., ••'}. .7•: .3r:.,%�fv�� Ad:}.,.yr:2:4y:;';ir,.:.;.!.s:;:.f•s.:.Y..ry:.:f„•:,t}.{.r:{:.;:,.}.,,:.:3,tFt!.,.;..:f:..:..:.•?z:r.y,i::,..{/:,.yy::.i.:.:'.vv.i�.f,.,:;:54;'.•:} :J{,,.. .i .taf {� . '. �.A2.v..,}�.4.y.•.Lr,;:.Y...,Y.1:....•��::::F•:fy:T.......::...:.:..:.....:.:...R:.3n...:,,:F..,:..v.•:5.•..•,:•:.:.:.,,•..........,...dr:..t..:....{.v.r.AF.f.:$:,,.6.�.f. ¢�.`+..S.d�S}�3� The Regular Council Meeting of June 20, 1994, was called to order at 7:30 P.M. with President Pro Tempore Jerry Green presiding. Prayer was offered by Rev. Debra Snellen, followed by the Pledge of Allegiance. 'ro sy, tr^+�:'� Yr:�.:rY:•}w.:nY:^ o-;r,.: y.r.;.•;v sr,{::::..f.,y}.y }x...y:n:!eyr•::r••„ ysy}r q.x.y;v.yu:. ;w}v.}r.•: car• •'•'<' .,},.. ��}. yyjj 'L`Y.:!:::Yi:_A�::.0�'•� ;:V�:j;y;:`.;#;ii`': > ?. K�:5F0.. Y The following Council Members were present for roll call: Present: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haske, Halsey, Jackson and Nilges, Absent: Wrigley A quorum was declared present. A public hearing was held on amending Chapter 3 of City Code - Advertising & Signs: Mr. Jacob Poriman, Pierre, SD, was present to represent Ryan's Steakhouse, and spoke In favor of the amendment as it affected the specific site of his proposed business location. A public hearing was held on rezoning 1.05 Acres located behind 2527 E. McCarty Street from RS-2 to C-2: No one present wished to speak on the rezoning, �,��y��.� } >F� F'I iR ��x�} 2 r �{ y� aY� � rS d{, t i- Sf<42f�•'� .'i'.+ $�f � '�?Y'.4a'' .' ske14 •:�,r..tXGr'vf.��•%a1.:•Zyw�:,th,e.,,tic.�.#'YU5.42if vk^iw*,..<..w<....�X:%d.!v1Yz:�i�h�c..T'fi.r.,•..6,.�rfsi'...c Y n Councilman Halsey moved to bring forward the Resolutions on tonight's agenda so that persons present could accept the presentations. Motion was seconded by Councilman Byrd, and approved, RS94.13 - Honoring Jill Rackers as Valedictorian of Jefferson City High School Class of 1994; and R894-14 - Honoring Susan Ruse as Valedictorian of Jefferson City High School Class of 1994. Councilman Byrd moved to adopt the two resolutions, second by Councilman i Estes-Benward, and approved. President Pro Tempore Green presented the resolutions to Ms. Rackers and Ms. Ruse and offered his congratulations on behalf of the Mayor and City Council. ,r 356 REGULAR COUNCIL MEETING, JUNE 20, 1994 RS94-15 - Honoring Brian Woodman as Salutatorian of Jefferson City High School Class of 1994. Councilman Byrd moved to adopt the resolution, second by Councilman Bertel, and approved. President Pro Tempore Green p resented the resolution to Ms. Julie Woodman, sister of Mr. Brian Woodman, who was present to accept the resolution, and offered his congratulations on behalf of the Mayor and City Council. RS94-16 - Honoring Coach Pete Adkins' Induction Into Missouri Sports Hall of Fame. Councilman Halsey moved to adopt the resolution, second by Councilman Bertel, and approved. President Pro Tempore Green presented the resolution to Coach Adkins 1 and offered his congratulations on behalf of the Mayor and City Council. RS94-17 - Endorsing & Supporting Application for Neighborhood Assistance Program, Councilman Halsey moved to adopt the resolution, second by Councilman Jackson, and approved. ... . ... .. J Si The Consent Agenda consisted of the following Items: a Minutes of June 6 1994 Council Meeting b Bid 1477 - Heating, Air onditioning & Refrigeration Services -All City c Bid 1482 - 1994 Milling & Asphalt Overlay Project - Public Works d Bid 1485 -Adjusting Services - Flood Buyout 0 Bid 1486 - Emergency Sewer Repair - Public Works Bid 0-344 - Pump Pits for Command Web Sewer g) Appointments: Probationary police officer: Christopher K. Adams Kathleen A. Boyle Councilman Haake moved to approve the Consent Agenda as presented, second by Councilman Estes-Benward, and approved, Councilman Wrigley arrived at the meeting at this time. gm ill,I 11111 94AZ, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY, INC. FOR 1994 MILLING AND ASPHALT OVERLAY PROJECT. BILL 9448, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH CENTECH & ASSOCIATES FOR HEATING, AIR CONDITIONING AND REFRIGERATION SERVICES. 357 REGULAR COUNCIL MEETING, JUNE 20, 19 9 4 $11124:4$, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STERLING EXCAVATION AND ERECTION, INC. FOR EMERGENCY REPAIR OF GRAY'S CREEK SEWER MAIN. Councilman Haake asked that the rules be suspended and Bill 9449 placed on final passage due to the fact that this is an emergency repair. There were no objections to the request for suspension of the rules. Councilman Bamicle moved to amend the bill as follows: that the amount of the expenditure be an absolute $36,998, and that any changes have to go through the Council. Motion was seconded by Councilman Halsey. After discussion, Councilman Jackson moved to amend the amendment: By authorizing ten percent above the lowest bid of $36,998 to be used at the discretion of the City Administrator and Public Works Director as a contingency fund to take care of unforeseen Items as they occur. Motion was seconded by Councilman Wrigley. After discussion, Councilman Halsey moved to call for the question, seconded by Councilman Wrigley, and approved. The amendment to the amendment was then approved. The original amendment, as amended, was then approved. Bill 9449 was read second and third times by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12107: Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley Nay: None 8111 QA-50, sponsored by Councilman Wrigley, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN TO CLARIFY AND UPDATE LANGUAGE OF THE PLAN, Councilman Wrigley distributed copies of an amended bill which he offered as a substitute bill of record at this time. The amendment which is in the substitute bill would add the following language to the end of the first paragraph of Section 2.7, "Compensation:" The immediately preceding sentence shall not apply, however, to any workers' compensation leave of absence during which a Member fraudulently obtains workers'compensation benefits. Instead, any such leave shall be excluded from both of the twelve (12) month and sixty (60) month periods described in Section 2.2. j The bill was presented to the City Clerk to be substituted as the bill of record at this time of introduction. 358 REGULAR COUNCIL MEETING, JUNE 20s 1994 �(( 94.51, 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 1.05 ACRE TRACT LOCATED BEHIND 2527 EAST MCCARTY STREET FROM RS-2, SINGLE FAMILY RESIDENTIAL, TO C-2, GENERAL �i COMMERCIAL. t� ' Bill 94 j2, sponsored by Councilmen Nilges and Bertei, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH OZARK CLAIM SERVICE, INC. FOR ADJUSTING SERVICES. t a; !!1+i j��Wkw�t��M�17� ... a ht rT� r`y'a• 1311,$44 , sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 8-63 E "PROVISIONS FOR FLOOD HAZARD REDUCTION" OF ARTICLE V "FLOOD HAZARD REGULATIONS" OF CHAPTER 8 "BUILDINGS AND BUILDING REGULATIONS", ' PROHIBITING THE OUTSIDE STORAGE OF BUOYANT, FLAMMABLE OR EXPLOSIVE MATERIALS IN AREAS OF SPECIAL FLOOD HAZARDS. i� Councilman Green stated he wished to place Bill 94-42 on the Informal Calendar. 1311-8 , sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND !' APPROVING THE PLAT OF GORDON MEADOW, A SUBDIVISION OF THE CITY OF '{ JEFFERSON. ii i! j Bill 94-43 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12108: Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley Nay: None 13111 94zU, sponsored by Councilman Haake, entitled: t AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE IMPROVEMENT OF BOONVILLE ROAD FROM HIGHWAY 179 TO 1051 BOONVILLE ! ROAD BY CURBING AND GUTTERING WITH PORTLAND CEMENT CONCRETE. 359 REGULAR COUNCIL MEETING, JUNE 20, 1994 Bill 9444 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12109: Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley Nay: None 3111128 S, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH ACE PIPE CLEANING TO PROVIDE SANITARY SEWER CLEANING, TELEVISING AND REPORTING SERVICES ON THE EAST AND NORTHWEST SEWER MAINS. Bill 9445 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12110: Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley Nay: None 1111124:46, 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 S, (LOADING ZONES) SUBSECTION (B) (PASSENGER OR SPECIAL LOADING ZONES) OF SECTION 19-401 BY THE ADDITION OF A PORTION OF FRANKLIN STREET Bill 9448 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12111: Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley Nay: None Oki , .v 4 .. > t ° $� ''. ................� �.,.,..n �•.,.��.,.:.t�. .....,. °......w:,. > ...,..�.. ..........,..,,: :,.....,?ii:{:x3Y. a% :::.>x•:a 3:,{Ja:•,p;.t . Bill 94-17, sponsored by Councilmen Bertel, Byrd, Green, Haake, Halsey, Nilges, Wrigley entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE DEPARTMENT EXAMINATION AND SELECTION PROCEDURES. 360 REGULAR COUNCIL MEETING, JUNE 20, 1994 Councilman Nilges requested that Bill 94-17 be removed from the Informal Calendar, and moved to amend the bill based on the information which was distributed by City Counselor Allen Garner to the Council on May 13, 1994. Motion was seconded by Councilman Barnicle. Councilman Wrigley stated that several members of the Council did not have that information with them at the meeting, and asked that the Council stand at ease until the City Clerk could make copies to distribute to the Council for their consideration. After further discussion, Councilman Nilges withdrew his motion to amend, and Councilman Barnicle withdrew his second. Councilman Nilges requested that the City Clerk copy the information and distribute to members of the Council before the next Council meeting. Councilman Wrigley requested that Bill 94-17 be placed back on the Informal Calendar. 1311124-37, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE DELETION OF SCHEDULE A, (SP. gEQ LIMITS), SUBSECTION (G) (TWENTY MILES PER HOUR) OF SECTION 19- l� 401 AND SUBSTITUTING A NEW SUBSECTION. Councilman Haake requested that Bill 94-37 be taken off the Informal Calendar at this time. Councilman Wrigley stated that the bill contained an error concerning the listing of Elm Street between Cherry Street and Locust Street in that the designated school (Lincoln University) was omitted in association with it. He requested that the omission be corrected, to which Dave Johnston, City Administrator replied it would be taken care of. Councilman Haake moved to amend Bill 94-37 by changing school zone hours ' under subsection (g) of Schedule A to 7:00 a.m, to 5:00 p.m." and by deleting the references to specific times in the individual school zones as indicated In the amended bill distributed to members of the Council. Motion to amend was seconded by Councilman Bertel, and approved. Bill 94-37 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12112: Aye: Barnicle, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey, Jackson, Nilges and Wrigley # Nay: None ..:..:.tom ... Councilman Nilges addressed a report to Chairman of the Solid Waste Committee Mary Estes-Benward and the Council that at the last meeting of the last meeting of the compost facility subcommittee of the compost facility, along with Rick Penno, his ! { associate, and Charles Lansford of Planning & Code Enforcement, an agreement was ' reached that at this particular point in time it would be better to leave the hours of the compost facility the same. He has requested that Mr. Lansford do a little more in- '' depth public education regarding their hours. i; 361 REGULAR COUNCIL MEETING JUNE 209 1994 � ••,r•< e.e{,:c: x.ti.,,• .:«;,,..;:.,.:{:<o-.t..: n:a„:.,,,.$r$,. ,;,.,..tsy ,{s.tt.,•.aehrt: .rtz,$y} .rr i st0' J. S i. r 7 �........ $. :.v$; ..ti�fi::liSr,�fl:..:A:rvr yy:))•JVY..t{ y }H.>+C•,'h/J$$'l Councilman Green stated he had received a number of phone calls regarding the railroad crossing at Stockman Feed Company. Public Works Director Marty Brose stated that the City had requested from Union Pacific a rubberized crossing, and that the request was denied. He then called representatives of UP and asked if they could Improve the crossing, or at least provide the materials for a rubberized crossing so the City could install it. He stated he hoped to bring it up at the June 23 Public Works & Planning Committee meeting and have more information by that time. Councilman Green asked that Mr. Brose report back to the Council after that meeting. Councilman Halsey stated he has noticed recently an increased number of streets which have "buckled,” in particular the street at Chestnut and Atchison, and which are creating hazardous conditions. He asked Mr. Brose to check into that situation. Mr. Brose asked if anyone else has noticed this problem, to please call them into his office so the Street Department can take care of them. Councilman Wrigley stated that the pavement at the five-way intersection of McCarty at Mulberry still has a problem, and asked that it be included in the list of streets needing repaired. Councilman Estes-Benward asked Dave Johnston, City Administrator if he has had any success obtaining information for the Solid Waste Committee's recycling project. Mr. Johnston stated he has yet to bring the Council's three-member subcommittee together to discuss it. Ms. Benward stated the subcommittee would meet when prices had been presented to it by Mr. Johnston. Councilman Haake reminded everyone of the June 23 Public Works and Planning Committee meeting. Councilman Nilges questioned Dave Johnston, City Administrator regarding the completion of the practical test for the firefighters. Mr. Johnston stated that since Councilman Nilges so requested, that he would move forward with completing the test. 4 011i ��+1'� sfi$Y$21 a .'kr .aa >. t >r 'ht t 3.f. wt fi`. :: a fi /l i•{,cr t'ty��R 0 N .'fit ?.nx r..•. :.•... ..: , .:. ... 1 �.r.C$:,. ...t v.nvi4 {..4:r.k..r ,.,•.r....t .f. ......,{52Nhi, "iw^u.✓�.fay.%i N:.c.? .+ �c Councilman Wrigley presented a petition pertaining to stormwater drainage problems in the Mail Ridge Subdivision (built by the Bob Lale Construction Company) to the City Clerk, and requested that the petition be appropriately referred to the Public Works and Planning Committee for consideration at its June 23 meeting. 36-2 REGULAR COUNCIL MEETING, JUNE 20s 1 994 Councilman Estes•Benward asked Marty Brose to check a problem with grass which is possibly being put In the street by City staff at one of its own mowing locations. She also mentioned a problem with wood which has been laying on the curb at Edgewood Drive. Councilman Halsey stated that the problems mentioned by Ms. Benward are characteristic of problems citywide, and asked Keith DeVault, Director of Planning & Code Enforcement, to ensure that the person(s) hired by the City a few years ago to "roam" the City to locate problems such as these are indeed performing that function. Mr. DeVault stated he would do so and report back to Councilman Halsey his findings, Councilman Barnicle commended the editor of the City's newsletter News and VIglys for Its outstanding quality and content. i Councilman Green stated that a Special Council Meeting was needed on June 23 to I consider Worker's Compensation reinsurance, general Insurance, and contract for I boring services, Councilman Haake moved that the Council hold a special meeting on June 23 to consider those Items, second by Councilman Wrigley, and approved. 0 ECUTIVE. MINUTES -0 OES SION, Councilman Wrigley moved for approval of the Executive Session Minutes June 6, 1994, second by Councilman Haake, and approved, Councilman Jackson moved to go Into Executive Session for the purpose of discussing Real Estate and Litigation, second by Councilman Byrd, and approved by the following roll call vote: Aye: Bernicle, Bertel, Byrd, Estes•Benward, Green, Haake, Halsey, Jackson, and Nilges Nay: Wrigley The meeting recessed at 9:00 P.M. for fifteen minutes before going into Executive Session.