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HomeMy Public PortalAbout19980518REGULAR COUNCIL MEETING MAY 18, 1998 1 CALL TO ORDER The Regular Council Meeting convened on May 18, 1998, 7:30 by Mayor Duane Schreimann. Prayer was offered by Councilman Carl Jaynes, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for roll call: Present: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY Proclamation — Mayor Duane Schreimann presented a proclamation in honor of National Public Works Week to Marty Brose, Public Works Director. Mr. Stan Ochsner, 2505 Royal Air Drive, made a presentation regarding Bill 98 -16 (parking on Carter Street). He felt that restricting parking on Carter would cause parking problems with Helias High School student parking. Ms. Martha Handly, 1208 Carter Street, made a presentation in favor of Bill 98 -16, and gave examples of problems she has experienced as a result of Helias students parking on Carter Street. Mr. Charles Michael, 1225 Carter, also made a presentation in favor of Bill 98 -16, and gave examples of problems he has experienced as a result of Helias students parking on Carter Street. Mr. Randy Allen presented the Final Report of the Ad Hoc Historic Preservation Ordinance Review Committee. Following the presentation, Mayor Duane Schreimann thanked Mr. Allen and other members of that committee for their hard work and commitment to the project. CONSENT AGENDA The following items were present for approval on the Consent Agenda: a. Minutes of May 4, 1998, Regular City Council Meeting REGULAR COUNCIL MEETING MAY 18, 1998 2 b. RENEWAL - Grant Agreement with Cole County Special Services for Transportation Services for the Developmentally Disabled Councilman Carl Jaynes stated that a typographical error in the Minutes of May 4, 1998, Regular City Council Meeting should be corrected to reflect that the reference to Resolution RS97 -35 should be deleted. The item was discussed at a previous meeting and the text erroneously carried over to the next meeting's minutes. Correction was so noted by Phyllis Powell, City Clerk. A motion was made by Councilman Charles Jackson for approval of the Consent Agenda with the correction as noted above, seconded by Councilman Steve Nelson and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED Mayor Duane Schreimann stated that the following minutes /reports have been received and are on file in the City Clerk's office: a. Police Personnel Board, 4/2/98 b. Board of Adjustment, 4/14/98 and 4/17/98 c. Housing Authority Board of Commissioner, 3/25/98 d. Planning & Zoning Commission, 4/9/98 MAYORAL ANNOUNCEMENTS Mayor Duane Schreimann stated that he wished to make comments regarding Bill 98 -1 which is currently on the Informal Calendar. Councilman Charles Jackson raised a point of order and asked for an opinion from Allen Garner, City Counselor, regarding the point of order. Mr. Garner informed Council that they have the prerogative to allow the Mayor's comments if they wish. Following Mr. Garner's opinion, Mayor Schreimann stated that he would voluntarily forego his comments at this point. BILLS INTRODUCED Bill 98 -11, sponsored by Councilman Jaynes, 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 LOCATED ON THE WEST SIDE OF THE 600 BLOCK OF ADAMS STREET, SOUTH OF REX WHITTON EXPRESSWAY, DESCRIBED AS INLOT 830 FROM RA -2 MULTIPLE FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL. REGULAR COUNCIL MEETING MAY 18, 1998 3 Bill 98 -12, sponsored by Councilman Jaynes, 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 APPROXIMATELY 0.5 ACRE OF PROPERTY BEHIND 2003 AND 2007 SOUTHRIDGE DRIVE FROM RS -2 SINGLE FAMILY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL. Bill 98 -13, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING MINIMUM REGULATIONS GOVERNING THE DESIGN, CONSTRUCTION, ALTERATION, ENLARGEMENT, REPAIR, DEMOLITION, REMOVAL, MAINTENANCE AND USE OF ALL BUILDINGS AND STRUCTURES; PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES AND CONTRACTOR LICENSES, MAKING OF INSPECTIONS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; TO BE KNOWN AS THE BUILDING CODE; REPEALING ORDINANCE 11578; REPEALING SECTION 8 -18, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI AND ENACTING 7 SECTIONS IN LIEU THEREOF. Councilman Carl Jaynes made comments regarding typographical errors in the bill. Allen Garner, City Counselor, stated that those errors will be corrected before final passage of the bill. A lengthy discussion followed regarding the permit process for building vs. maintenance. Keith DeVault, Planning & Code Enforcement Director, was asked to provide information regarding a maintenance class license before the next Council meeting. Bill 98 -14, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON BY REPEALING THE PRESENT SECTIONS 8 -49 AND 8 -50 AND ENACTING IN LIEU THEREOF A NEW SECTION 8 -49, ENTITLED "ADOPTION OF THE BOCA NATIONAL PROPERTY MAINTENANCE CODE, FIFTH EDITION, 1996; AND A NEW SECTION 8 -50 ENTITLED "AMENDMENTS, INSERTIONS AND DELETIONS TO THE BOCA NATIONAL PROPERTY MAINTENANCE CODE, FIFTH EDITION, 1996 ". Bill 98 -15, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN /BUILD AGREEMENT WITH BURNS & MCDONNELL FOR COVINGTON GARDENS PUMP STATION. Following a brief discussion during which Wastewater Division Director Tom Jones answered questions about the project, Councilman James Haake requested that the rules be suspended and Bill 98 -15 placed on third reading and final passage. There were no objections to the request for suspension of the rules. REGULAR COUNCIL MEETING MAY 18, 1998 4 Bill 98 -15 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 12754: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -16, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE Z (RESIDENTIAL PARKING PERMIT ZONES) OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF THE 1200 BLOCK OF CARTER STREET. Bill 98 -17, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE (T) (TAXICAB STANDS AND TAXICAB LOADING ZONES) BY THE REMOVAL OF A PORTION OF MADISON STREET, AND SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A) (STREETS AND HIGHWAYS), BY THE REMOVAL OF PARKING ON A PORTION OF MADISON STREET. Bill 98 -18, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A) (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON BY THE REMOVAL OF PARKING ON A PORTION OF HARDING STREET. Bill 98 -19, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE H(A), (YIELD SIGNS), BY THE ADDITION OF SOUTHRIDGE DRIVE AT MEADOW LAKE DRIVE. Bill 98 -20, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE I, (ANGLE PARKING), BY THE ADDITION OF A NEW SUBPARAGRAPH (4), PERTAINING TO A PORTION OF UNION STREET, AND SCHEDULE D (ONE WAY ROADWAYS), SUBPARAGRAPH (B) (OTHER SPECIFIED INTERSECTIONS), BY THE ADDITION OF A PORTION OF UNION STREET. REGULAR COUNCIL MEETING MAY 18, 1998 5 Bill 98 -21, 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 98 -22, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CHAPTER 53 CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF A BUS. Bill 98 -23, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION. BILLS PENDING Bill 98 -6, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF HOWERTON'S SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -6 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12749: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -7, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -4 AND 8 -5 AND ENACTING IN LIEU THEREOF A NEW SECTION 8 -4, ENTITLED " ADOPTION OF THE INTERNATIONAL PLUMBING CODE 1997 EDITION," AND A NEW SECTION 8 -5 ENTITLED "AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE 1997 EDITION." Bill 98 -7 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12750: Aye: Nay: REGULAR COUNCIL MEETING MAY 18, 1998 6 Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None Bill 98 -8, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -1, 8 -2 AND 8 -3 AND ENACTING IN LIEU THEREOF A NEW SECTION 8 -1, ENTITLED " ENFORCEMENT AGENCY "; A NEW SECTION 8 -2, ENTITLED "ADOPTION OF NATIONAL ELECTRICAL CODE 1996 "; AND A NEW SECTION 8 -3 ENTITLED "AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 1996." Bill 98 -8 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12751: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -9, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF FRANKLIN STREET FROM SYCAMORE STREET TO WASHINGTON STREET. Bill 98 -9 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12752: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -10, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING THE RIGHTS - OF -WAY OF SHERRY'S TERRACE AND TODD'S TRAIL AND RELINQUISHING NEW SANITARY SEWER, STORM DRAINAGE, OR UTILITY EASEMENTS DEDICATED BY THE PLAT OF RECORD OF BERKSHIRE ESTATES, SECTION I, AS PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 325, OF THE COLE COUNTY RECORDER'S OFFICE. Bill 98 -10 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12753: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent REGULAR COUNCIL MEETING MAY 18, 1998 7 Nay: None INFORMAL CALENDAR Bill 98 -1, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON AN AMENDMENT TO SECTION 8.2, "NOMINATIONS," OF THE CHARTER TO PROVIDE FOR NONPARTISAN ELECTIONS. Councilman Steve Nelson requested that Bill 98 -1 be removed from the Informal Calendar. A lengthy discussion was held in which Council Members stated their position on the issue. Following the discussion, Mayor Duane Schreimann stated that it was his hope that the Council would approve the bill to allow the voters the opportunity to decide the issue. Bill 98- was read third time by title, placed on final passage and defeated by the following vote: Aye: Blaney and Nelson Nay: Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent RESOLUTIONS RS98 -4 — Authorizing JCPD Participation in Accident Suppression And Prevention (ASAP) Project(sponsored by Councilman Nilges). A motion was made by Councilman Charles Jackson for adoption, seconded by Councilman James Haake and approved unanimously. NEW BUSINESS Councilman John Landwehr requested input from Council Members regarding the proposed Historic Preservation ordinance as submitted earlier in the meeting by Mr. Randy Allen. He suggested that the Council discuss the issue at a work session meeting of the committee of the whole in the near future. Councilman Carolyn McDowell suggested that the work session include the Historic Preservation Commission members. Mayor Duane Schreimann announced that a copy of the final report will be available for the public to read in the City Clerk's office, and stated that Council Members should be prepared to discuss possible dates for the work session at the next Council Meeting on June 1. Councilman Carl Jaynes announced that the USSJC Submarine Committee will be involved with the USS Columbia in this year's Memorial Day wreath - laying ceremonies in Columbia, as well as sharing in some activities at the upcoming air show over Memorial Day weekend. REGULAR COUNCIL MEETING MAY 18, 1998 8 Councilman Carolyn McDowell stated that she would like to request the addition of "Sidewalk Cafes" as an agenda item for the May 21 Public Works Committee meeting. Councilman Rick Nilges announced that a Finance Committee Meeting will be held Monday, June 8, at 7:00 P.M. Councilman James Haake announced that a Public Works Committee meeting will be held Thursday, May 21, 7:30 P.M. UNFINISHED BUSINESS Councilman Carolyn McDowell requested Allen Garner, City Counselor, to make a statement regarding recently announced cable television rate increases, as well as explain TCI's ability to raise the rates without city approval. Mr. Garner stated that ICI is allowed to raise the rates under federal regulation subject to some very liberal guidelines by the federal government. They may charge whatever they can show as a cost and also have the right to periodically increase rates. Also, any time there are programming cost increases for the broadcasting of special events, they may in turn increase the rates. The city does get advance notice of rate increases. Councilman Carolyn McDowell mentioned the loud radios and the recently - passed noise ordinance and encouraged enforcement of that ordinance by the Police Department. Mayor Duane Schreimann announced that the parties in the Southgate PUD have requested that their appeal hearing be scheduled for the June 1 Council meeting. Councilman Steve Nelson announced that he will be unable to attend the June 1 City Council meeting. COUNCIL LIAISON REPORTS Councilman Steve Nelson announced a Cable Quality Commission meeting at 5:30 P.M. on May 21. GO INTO EXECUTIVE SESSION Mayor Duane Schreimann announced that pursuant to Section 610.021 of the Revised Statutes of Missouri the chair will entertain a motion to go into executive session for the purpose of discussing real estate, litigation and personnel. Motion was made by Councilman Carol Blaney, seconded by Councilman Councilman Rick Nilges and approved by the following roll -call vote at 9:20 PM: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent. Nay: None