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HomeMy Public PortalAbout19980601REGULAR COUNCIL MEETING JUNE 1, 1998 1 CALL TO ORDER The Regular Council Meeting convened on June 1, 1998, 7:30 by Mayor Duane Schreimann. Prayer was offered by Councilman Charles Jackson, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for roll call: Present: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Absent: Nelson A quorum was declared present. PUD APPEAL HEARING Allen Garner, City Counselor, made a brief presentation and noted that the official record is on file with the City Clerk. Mr. Jim Riner, attorney for Sheldon Gentry, distributed a document entitled "Appeal of Decision of the Planning and Zoning Commission, January 8, 1998 Denying the Approval of the Revised Preliminary PUD Subdivision Plan for Southgate Subdivision," and made his opening statement. Following Mr. Riner's statement, which included the background of the issue from the time of the purchase of the Gentry property, to the current date, Councilman Larry Vincent made a motion that the document submitted by Mr. Riner, the aerial photograph used for reference during the hearing, and the testimony of the witnesses, be made a part of the official record, motion was seconded by Councilman Charles Jackson and approved unanimously. Mr. Clayton Gentry, 1200 Duane Swifts Parkway, made a presentation similar to Mr. Riner's, and answered questions posed by Council Members. Following Mr. Gentry's presentation, Mr. Riner asked questions of Keith DeVault, Planning & Code Enforcement Director. Allen Garner, City Counselor, also asked questions of Mr. DeVault. At the conclusion of the hearing testimony and examination, a motion was made by Councilman Charles Jackson to affirm the recommendations of the Planning and Zoning Commission, and to deny the appeal. The motion was seconded by Councilman Carl Jaynes and approved unanimously by the following roll -call vote: REGULAR COUNCIL MEETING JUNE 1, 1998 2 Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None PRESENTATIONS FROM THE GALLERY Mr. Marc Ellinger, 2230 Glenstone Drive, made a presentation in opposition of the Frog Hollow Annexation issue. Mr. Ellinger presented the City Clerk with two petitions signed by residents of his subdivision who also oppose the annexation. Mr. Bill Tweedie, 823 Monroe, Account Executive for Winter -Dent Insurance Agencies made a presentation regarding the City's recent selection of an insurance broker, and disagrees with the premise on which the broker was selected. Councilman Carolyn McDowell requested that the issue be placed on the agenda for the June 8 Finance Committee meeting. Mr. Richard Pemberton, made a presentation regarding Bill 98 -20, and urged Council passage of the bill which would make more parking spaces available for High School students. CONSENT AGENDA The following items were present for approval on the Consent Agenda: a. Minutes of May 18, 1998, Regular City Council Meeting A motion was made by Councilman Charles Jackson for approval of the Consent Agenda with the correction as noted above, seconded by Councilman Carl Jaynes, 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. Cable Quality Commission 4/16/98 b. Finance Report for April, 1998 c. Transportation & Traffic Commission, 5/7/98 REGULAR COUNCIL MEETING JUNE 1, 1998 3 MAYORAL ANNOUNCEMENTS There were no announcements by the Mayor at this time. BILLS INTRODUCED Bill 98 -24, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APAC- MISSOURI INC., RICHARDSON -BASS DIVISION FOR 1998 OVERLAY PROGRAM. Bill 98 -25, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI PETROLEUM PRODUCTS COMPANY FOR 1998 SLURRY SEAL PROGRAM. Bill 98 -26, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OFATCHISON STREET FROM THE WESTERLY LINE OF OUTLOT NO. 112 TO EASTERLY LINE OF OUTLOT NO. 112. Bill 98 -27, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF EAST ELM STREET RIGHT -OF -WAY ACROSS A PART OF OUTLOT NO. 112 OF THE CITY OF JEFFERSON. Bill 98 -28, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF THE MARILYN STREET RIGHT -OF -WAY AT NORTHEAST CORNER OF MARILYN STREET AND MEADOW LANE. Bill 98 -29, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO RESTAURANT USES IN COMMERCIAL ZONING DISTRICTS BY ADDING TWO NEW DEFINITIONS OF FOOD SERVICE ESTABLISHMENTS AND DESIGNATING WHERE THESE TYPES OF REGULAR COUNCIL MEETING JUNE 1, 1998 4 RESTAURANTS ARE ALLOWED. Bill 98 -30, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SEDGWICK OF MISSOURI, INC. FOR INSURANCE BROKERAGE SERVICES. Bill 98 -31, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRANSSYSTEMS CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES. A discussion was held pertaining to Bill 98 -31, and Council requested that the issue be placed on the next Public Works and Planning Committee agenda. BILLS PENDING 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. Bill 98 -11 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12755: Aye: Nay: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None 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 -12 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12756: Aye: Nay: REGULAR COUNCIL MEETING JUNE 1, 1998 5 Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None 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 a motion to amend Bill 98 -13 as follows: (2) Section 114.1: Add the following sentences: Drawings shall bear the embossed seal of the architect and /or Engineer and his signature on the first sheet of a set of drawings. The seal may shall be reproduced in a legible manner on all other sheets submitted. All work shall be submitted in accordance with Chapter 327, RSMO 1986. Motion was seconded by Councilman James Haake. Following discussion of the motion to amend, Councilman Carl Jaynes withdrew his motion, and Councilman James Haake withdrew his second. Councilman Charles Jackson then made a motion that Section 3 of Bill 98 -13 be amended by deleting section (2) 114.1 (as outlined above), motion was seconded by Councilman Stella, and approved unanimously. Bill 98 -13 was then read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12757: Aye: Nay: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None 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 -14 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING JUNE 1, 1998 6 vote as Ordinance 12758: Aye: Nay: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None Following discussion of Bill 98 -16, Councilman Carolyn McDowell requested that Bill 98 -16 be placed on the Informal Calendar. 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 -17 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12759: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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 -18 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12760: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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), REGULAR COUNCIL MEETING JUNE 1, 1998 7 BY THE ADDITION OF SOUTHRIDGE DRIVE AT MEADOW LAKE DRIVE. Bill 98 -19 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12761: Aye: Nay: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None 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. Bill 98 -20 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12762: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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 -21 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12763: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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 -22 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING JUNE 1, 1998 8 vote as Ordinance 12764: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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. Bill 98 -23 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12765: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None RESOLUTIONS RS98 -5 — Declaring Intent to Annex Land in Frog Hollow Area (Landwehr). A motion was made by Councilman James Haake for adoption, seconded by Councilman Charles Jackson and approved with Councilman Carolyn McDowell voting "Nay ". RS98 -6 — Authorizing Grant Application for Funding Water Pollution Control Facility (Haake). A motion was made by Councilman James Haake for approval, seconded by Councilman Larry Vincent and approved unanimously. RS98 -7 — Authorizing Submission of Documents for Funding Walnut Street Pump Station Project (Haake). A motion was made by Councilman James Haake for approval, seconded by Councilman Larry Vincent and approved unanimously. RS98 -8 — Authorizing Grant Application for Community Policing and Traffic Enforcement Programs (Nilges). A motion was made by Councilman Carl Jaynes for approval, seconded by Councilman Len Stella and approved unanimously. NEW BUSINESS Allen Garner, City Counselor, stated that the City had been contacted to determine of the City wanted to participate in a case before the Public Service Commission involving Union Electric and the City of Rolla. Mr. Garner recommended that the City not intervene in this case. Council did not object to not intervening. REGULAR COUNCIL MEETING JUNE 1, 1998 9 Councilman Carolyn McDowell requested that the issue of residential parking zones be placed on the Transportation and Traffic Committee meeting agenda for June 4. Councilman Larry Vincent requested, pertaining to the sign ordinances, that staff draw up some kind of recommendation for an ordinance that would grandfather in existing signs, especially those that were built prior to the establishment of the City limits, stating that those signs could be replaced as long as they still met certain criteria that the City has. Keith DeVault, Planning & Code Enforcement Director asked if Mr. Vincent's request could be referred to the consultant who is updating the zoning ordinance so it could be considered a part of that process. Councilman Vincent stated that would be agreeable. Councilman Rick Nilges asked if it would be possible for the area of Ellis Blvd. and Hwy. 54 be under the ASAP program for longer than three weeks. Police Chief Tyler Brewer stated that if the ASAP report of that area warrants it, they could certainly consider Mr. Nilges' request. Councilman Larry Vincent made comments on events that have occurred in the Lafayette and McCarty Street areas, and asked for recommendations to help keep crime down in that area. Police Chief Tyler Brewer stated that a policing project is being worked at this time regarding the area. Councilman John Landwehr made comments pertaining to the Historic Preservation Ordinance. He asked if a Historic Preservation Ordinance meeting could be held immediately following the Finance Committee meeting on June 8. No objections were made to his request. Mr. Landwehr requested that appropriate agendas and notices be posted. Councilman Carl Jaynes invited the public to attend the Great Race on Sunday, June 7. UNFINISHED BUSINESS Councilman Carol Blaney asked if there was anything to report on the status of the skateboard issue. Parks & Recreation Department Director Bill Lockwood stated that he had nothing new to report at this time. Councilman John Landwehr requested public input on the issue of one -hour parking in the downtown area so that the Council can consider whether to leave it intact or change it back. EXECUTIVE SESSION MINUTES a. Executive Session Minutes, May 18, 1998: A motion was made by Councilman Larry Vincent for approval, seconded by Councilman Councilman Carolyn McDowell and approved unanimously. GO INTO EXECUTIVE SESSION Mayor Duane Schreimann announced that pursuant to Section 610.021 of the Revised REGULAR COUNCIL MEETING JUNE 1, 1998 10 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 Charles Jackson, seconded by Councilman Carl Jaynes and approved by the following roll - call vote at 10:45 PM: Aye: Nay: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None