HomeMy Public PortalAbout19980803REGULAR COUNCIL MEETING AUGUST 3, 1998 1
CALL TO ORDER
The Regular Council Meeting was convened on August 3, 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, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Absent: Haake
A quorum was declared present.
PUBLIC HEARINGS
Amending Chapter 35, the Zoning Code, adding indoor amusement and recreation
establishments to Section 35- 20.A.8.1 C -1 (Neighborhood Commercial Zoning District), and
amending language in Section 35- 20.A.10.e to read the same — Keith DeVault, Planning
& Code Enforcement Director, made a presentation outlining the background of the request
for rezoning, and requested that the plans be incorporated into this rezoning record on file
in the City Clerk's office. Following Mr. DeVault's presentation, no one present requested
to speak in favor of, or in opposition to, the proposed rezoning. Mayor Duane Schreimann
declared that public hearing concluded.
Amending Chapter35, the Zoning Code, adding golf driving range, miniature golf course
and practice putting greens to Section 35- 20.A.1.f (Rural District, Conditional Uses) —
Keith DeVault, Planning & Code Enforcement Director, made a presentation outlining the
background of the request for rezoning, and requested that the plans be incorporated into
this rezoning record on file in the City Clerk's office. Following Mr. DeVault's presentation,
no one present requested to speak in favor of, or in opposition to, the proposed rezoning.
Mayor Duane Schreimann declared that public hearing concluded.
Rezoning approximately 87 acres of land in North Jefferson City, Callaway County, in the
Southwest part of Section 15 and the Northwest Part of Section 22, Township 44, Range
11 from RU (Rural) to M -1 (Light Industrial), located north of U.S. Highway 63 and east of
the city limits along Oil Well Road — Keith DeVault, Planning & Code Enforcement Director,
made a presentation outlining the background of the request for rezoning, and displayed
a map of the area for which rezoning has been requested.. Following Mr. DeVault's
presentation, no one present requested to speak in favor of, or in opposition to, the
proposed rezoning. Mayor Duane Schreimann declared that public hearing concluded.
REGULAR COUNCIL MEETING AUGUST 3, 1998 2
Rezoning approximately 5.90 acres of land located on the west side of the 200 block of
Constitution Drive from RS -1 (Single Family Residential) and RA -1 (Multiple Family
Residential) to C -O (Office Commercial) — Keith DeVault, Planning & Code
Enforcement Director, made a presentation outlining the background of the request for
rezoning, and displayed a map of the area for which rezoning has been requested..
Following Mr. DeVault's presentation, no one present requested to speak in favor of, or in
opposition to, the proposed rezoning. Mayor Duane Schreimann declared that public
hearing concluded.
PRESENTATIONS FROM THE GALLERY
Mr. Frank Rycyk, Jr., 406 Chestnut Street, made a presentation regarding Bill 98 -58
(Historic Preservation), stating his reasons for his opposition to the bill. He stated that the
bill's stipulation that it only takes 75% of the residents in a neighborhood to declare the
neighborhood a historic district, and would, in his opinion, pit neighbor against neighbor. He
recommended that if the bill is passed that it be changed to require 100% of the
neighborhood's approval.
Mr. Jerry Green, 616 S. Eagle Trace, President of the local Central Missouri Builders
Industry Association (CMBIA), spoke in opposition to Bill 98 -54 (requiring sidewalks in new
residential developments). Mr. Green listed numerous reasons for CMBIA's opposition, the
chief being that the general terrain of Jefferson City is not, in his opinion, conducive to
sidewalks.
Mr. Charles Kuensting, 412 Rt. T, spoke in opposition to Bill 98 -59 (restricting hours of
deliveries in residential areas). Mr. Kuensting is a driver for Central Dairy, and stated that
this bill would directly affect the jobs of two people within that company, and listed the
reasons that Central Dairy makes deliveries during the hours it does.
Mr. Roy Chism, 910 Justus Street, owner of The Smoke House restaurant located at 1129
E. McCarty Street, made a presentation regarding the parking situation in front of his
business. He requested that the stripe be repainted on the recently- widened street at that
location and parking be allowed to avoid a potentially dangerous situation. He noted that
although the City currently will not allow cars to park there, it has been designated as a
place for city buses to stop.
CONSENT AGENDA
The following items were present for approval on the Consent Agenda:
a. Minutes of July 14, 1998, Special City Council Meeting
b. Minutes of July 20, 1998, Regular City Council Meeting
c. Conditional Use at 909 W. Main, United Water Treatment Plant
REGULAR COUNCIL MEETING AUGUST 3, 1998 3
A motion was made by Councilman Carl Jaynes for approval of the Consent Agenda as
presented, seconded by Councilman Larry Vincent and approved unanimously.
MINUTES AND REPORTS RECEIVED AND FILED
Mayor Duane Schreimann announced that the following reports and minutes have been
received and are on file in the City Clerk's office for public viewing:
a. Police Personnel Board, 7/2/98
MAYORAL APPOINTMENTS
a. Probationary Police Officer - Eric Wilde
A motion was made by Councilman Carolyn McDowell for approval, seconded by
Councilman Charles Jackson and approved unanimously.
MAYORAL ANNOUNCEMENTS
Mayor Duane Schreimann reminded citizens that tomorrow was election day and urged
them to vote.
BILLS INTRODUCED
Bill 98 -52, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE
CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL
OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON,
MISSOURI.
Bill 98 -53, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-
401 (STREETS AND HIGHWAYS), SCHEDULE N(B) (PARKING METER ZONE, 1 HOUR
LIMIT), AND SCHEDULE N(A) (PARKING METER ZONE, 2 HOUR LIMIT) OF THE CODE
OF THE CITY OF JEFFERSON, PERTAINING TO LOCATIONS ON HIGH STREET.
Councilman Carol Blaney stated that she had received calls from people who shop in the
downtown area suggesting that the 8 -hour parking in this area be reduced to 2 -hour, thus
adding more parking for shoppers.
REGULAR COUNCIL MEETING AUGUST 3, 1998 4
Bill 98 -54, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTIONS 33-
6, 33 -7, 33 -8, 33 -9 AND 33 -11 OF CHAPTER 33 (THE SUBDIVISION CODE) OF THE
CODE OF THE CITY OF JEFFERSON, MISSOURI TO REQUIRE SIDEWALKS IN NEW
SUBDIVISIONS.
Bill 98 -55, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 17-
32 (EVIDENCE OF WORKERS' COMPENSATION INSURANCE PRIOR TO LICENSE
ISSUANCE) OF CHAPTER 17 (LICENSES, TAXATION AND MISCELLANEOUS
BUSINESS REGULATIONS) PERTAINING TO REQUIREMENT OF EVIDENCE OF
WORKERS' COMPENSATION INSURANCE FOR BUSINESS PRIOR TO ISSUANCE OF
BUSINESS LICENSE.
Bill 98 -56, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 1997 -98 GENERAL FUND NON -
DEPARTMENTAL BUDGET FOR THE PAYMENT OF INSURANCE COSTS.
Bill 98 -57, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, MODIFYING FIRE
DEPARTMENT EXAMINATION AND SELECTION PROCEDURES.
Bill 98 -58, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8
OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A NEW
ARTICLE III PERTAINING TO BUILDING AND NEIGHBORHOOD PRESERVATION AND
CONSERVATION AND FURTHER REGULATING THE DEMOLITION OF BUILDINGS TO
PROVIDE AN OPPORTUNITY FOR PRESERVATION AND RENUMBERING THE
CURRENT ARTICLES OF CHAPTER 8 OF THE CODE.
Bill 98 -59, sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17
(LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS) OF THE
CODE OF THE CITY OF JEFFERSON, MISSOURI BY ADDING A NEW SECTION 17 -1
PERTAINING TO RESTRICTED HOURS FOR COLLECTION AND DELIVERY IN
RESIDENTIAL AREAS.
REGULAR COUNCIL MEETING AUGUST 3, 1998 5
Bill 98 -60, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING
SUBPARAGRAPH E OF SECTION 1 -13 (GENERAL PENALTY; CONTINUING
VIOLATIONS) OF CHAPTER 1 (GENERAL PROVISIONS) BY INCLUDING A MINIMUM
FINE FOR DUMPING OF TRASH; AND AMENDING SECTION 30 -7 (PROHIBITED
PRACTICES) OF CHAPTER 30 (SOLID WASTES) OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI BY CREATING A NEW SUBSECTION G WHICH PROVIDES
FOR REGULATIONS REGARDING DUMPING OF SOLID WASTES IN OTHER PERSONS'
DUMPSTERS.
Bill 98 -61, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF RTR SUBDIVISION, A SUBDIVISION OF THE CITY OF
JEFFERSON.
Bill 98 -62, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH SPRINT SPECTRUM,
L.P. FOR CELLULAR COMMUNICATIONS FACILITIES LOCATED AT FIRE STATION #1
AND CITY PARKING GARAGE.
Councilman Charles Jackson stated that the agreement should include stipulation that
requires a time limit for Sprint to notify the City that it plans not to renew the agreement.
Bill 98 -63, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32
(STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI
BY ADDING A NEW ARTICLE IX PERTAINING TO SIDEWALK CAFES.
A discussion was held regarding requirements in the bill that all tables and chairs be
removed each night by the restaurant proprietor, placement of tables and chairs on the
sidewalk and the proximity to parking spaces to seated customers. City Counselor Allen
Garner was asked to look into the open container law before the next Council meeting to
determine if this bill would be in compliance.
BILLS PENDING
Bill 98 -46, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF WESTPOINT ESTATES SUBDIVISION, SECTION THREE,
A SUBDIVISION OF THE CITY OF JEFFERSON.
REGULAR COUNCIL MEETING AUGUST 3, 1998 6
Bill 98 -46 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12783:
Aye:
Nay:
Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
None
Bill 98 -47, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF WESTPOINT ESTATES SUBDIVISION, SECTION FOUR, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Bill 98 -47 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12784:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Nay: None
Bill 98 -48, sponsored by Councilman Landwehr, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 8 -3
OF CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 1996, AND
AMENDING SECTION 8 -5 OF CHAPTER 8 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI PERTAINING TO AMENDMENTS TO THE BOCA NATIONAL
PLUMBING CODE 1997, RELATING TO THE REQUIREMENT FOR LICENSES FOR
ELECTRICAL WORK AND PLUMBING WORK PERFORMED WITHIN THE CITY OF
JEFFERSON.
Councilman John Landwehr requested that Bill 98 -48 be placed on the Informal Calendar
at this time.
Bill 98 -49, 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 IN THE 1400 -1600 BLOCK OF
AARON COURT FROM PUD PLANNED UNIT DEVELOPMENT TO C -1 NEIGHBORHOOD
COMMERCIAL.
Bill 98 -49 was read third time by title, placed on final passage and passed by the following
REGULAR COUNCIL MEETING AUGUST 3, 1998 7
vote as Ordinance 12785:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Nay: None
Bill 98 -50, 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 AT 1133 MONROE STREET,
FROM RS -4 SINGLE FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL.
Bill 98 -50 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12786:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Nay: None
Bill 98 -51, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROBINSON'S
CLEANERS, L.L.C. FOR UNIFORM CLEANING.
Bill 98 -51 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12787:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Nay: None
INFORMAL CALENDAR
Bill 98 -35, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
SUBPARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE REMOVAL
OF PARKING ON PORTIONS OF EAST MCCARTY STREET.
A motion was made by Councilman Carolyn McDowell to refer Bill 98 -35 to the Traffic and
Transportation Committee, seconded by Councilman Charles Jackson and approved
REGULAR COUNCIL MEETING AUGUST 3, 1998 8
unanimously.
Bill 98 -36, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
SUBPARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE REMOVAL
OF PARKING ON A PORTION OF JORDAN STREET.
Councilman Carolyn McDowell requested that Bill 98 -36 be removed from the Informal
Calendar and placed on final passage at this time. Bill 98 -36 was read third time by title,
placed on final passage and passed by the following vote as Ordinance 12788:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella
and Vincent
Nay: McDowell
Bill 98 -44, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BURNS &
MCDONNELL FOR PROFESSIONAL SERVICES.
Mayor Duane Schreimann announced that Bill 98 -44 shall remain on the Informal Calendar
at this time due to the absence of the bill's sponsor.
Bill 98 -45, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 1 -13
OF CHAPTER 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO GENERAL PENALTY, BY ADDING A NEW SUBPART F, PROVIDING
FOR REDUCED MINIMUM FINE FOR EXPIRED METER.
Councilman Carolyn McDowell requested that Bill 98 -45 remain on the Informal Calendar.
NEW BUSINESS
City Administrator Rich Mays reported that since construction contractors were currently
working in the area of the Commercial and Madison intersection, Council may wish to
consider going ahead with installation of a bulb -out at that location. Following discussion,
Councilman Carolyn McDowell made a motion that the Council deny authorization of
installation of a bulb -out at that location at this time, seconded by Councilman Larry Vincent
and approved unanimously.
UNFINISHED BUSINESS
REGULAR COUNCIL MEETING AUGUST 3, 1998 9
Councilman Carolyn McDowell stated she has received numerous calls asking when a
traffic signal will be installed at the intersection of Edgewood and Stadium. Marty Brose,
Public Works Director, stated that it would be approximately October or November.
COUNCIL LIAISON REPORTS
Councilman Larry Vincent announced that the Park Board joint meeting with the City
Council will be held Monday, August 10 at 5:30 at McClung Park, and asked Council
Members to notify Bill Lockwood or Angie in the Parks and Recreation Office of your plans
to attend.
Councilman Larry Vincent announced that the Solid Waste Committee will meet on
Tuesday, August 11 at 5:15.
Councilman Rick Nilges announced that the Finance Committee will meet Tuesday, August
4 at 7:00 to discuss the proposed Finance Committee budget review meeting schedule.
APPROVAL OF EXECUTIVE SESSION MINUTES
Minutes of the July 20, 1998 Executive Session: A motion was made by Councilman Larry
Vincent for approval of the minutes as presented, seconded by Councilman Carolyn
McDowell and approved unanimously.
GO INTO EXECUTIVE SESSION
A motion was made by Councilman Carl Jaynes that the Council go into Executive Session
to discuss real estate, litigation and personnel, motion was seconded by Councilman Steve
Nelson and approved unanimously by the following roll -call vote at 9:20 PM:
Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and
Vincent
Nay: None