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HomeMy Public PortalAbout19980817REGULAR COUNCIL MEETING AUGUST 17, 1998 1 CALL TO ORDER The Regular Council Meeting was convened on August 17, 1998, 7:30 by President Pro Tempore John Landwehr in the absence of Mayor Duane Schreimann. Prayer was offered by Councilman Steve Nelson, 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 1998 -99 City Budget and Gross Receipts Utility Tax — Finance Director Robert Kenney made a presentation regarding the city's current status within the budget process and current rate of gross receipts utilities taxation. Following the presentation, no one present spoke on this topic. President Pro Tempore John Landwehr declared the Public Hearing concluded. 1998 -99 Property Tax Levy — Finance Director Robert Kenney made a presentation explaining the city's proposed rate of taxation for 1998. Following the presentation, and a brief discussion by City Council Members, no citizens requested to speak on this topic. President Pro Tempore John Landwehr declared the Public Hearing concluded. PRESENTATIONS FROM THE GALLERY President Pro Tempore John Landwehr presented a proclamation to the American Diabetes Association's Walk for Diabetes Day. Present to accept the proclamation were Dan Reed, Trish Vincent and Christy Trimble from the American Diabetes Association. Mr. Don Shinkle, President of the Jefferson City Area Chamber of Commerce, made a presentation regarding the report submitted on the Downtown Revitalization Task Force. Following his oral outline, he noted that the Task Force is requesting $15,000 from the City in order to continue the efforts toward revitalization of the downtown area of Jefferson City through July, 1999, at which time the necessary long -term funding will be available to sustain future operations. REGULAR COUNCIL MEETING AUGUST 17, 1998 2 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. Councilman Charles Jackson stated that he plans to place Bill 98 -59 on the Informal Calendar so the bill can be redrafted to address the concerns of citizens and businesses which have spoken in opposition to the bill. Mr. Dan Massie, 108 Clay Street, stated he had planned to speak in opposition to Bill 98- 59, but would withhold those statements until the bill is redrafted. Mr. Massie also spoke on the issue of seating at bus stops on Missouri Blvd. He stated currently there is no seating provided, which causes a hardship on the elderly and disabled. Councilman Carolyn McDowell stated that the bus routing has been approved by the Traffic and Transportation Commission and will be ready sometime in September. She stated some plans were under way to add seating. City Administrator Rich Mays stated he would also have staff look into Mr. Massie's concern. Ms. Celeste Koon, 1017 Holly, made a presentation in favor of sidewalks in new subdivisions. Mr. Wallace McMullen, 2805 Mohawk Drive, spoke on behalf of the Sierra Club in favor of sidewalks in new subdivisions. City Administrator Rich Mays made a report on the issue of parking on Carter Street by Helias students. Following Mr. Mays' report, Mr. Charles Michael, 1225 Carter Street, spoke on the topic, and requested that parking be allowed on Stadium and that sidewalks be added so the students would park there. Following discussion on the topic, Councilman Larry Vincent suggested that the matter be referred to the Public Works and Planning Committee meeting scheduled for August 27. Ms. Toni Prawl, 210 Lafayette St., spoke in favor of the Historic Preservation Ordinance (Bill 98 -58). Mr. Jerry Rosslan, 1213 Carter Street, made a presentation regarding the issue of parking on Carter Street by Helias students. He stated he felt there was a real problem and stated that he hoped the city would be able to do something to alleviate the problem. Mr. Max Fisher, made a presentation regarding the Capital Mainstreet project, and presented a petition signed by citizens favoring a left turn lane off High Street onto Madison, and off Madison onto High Street. Petition was noted and received by the City Clerk. CONSENT AGENDA The following items were present for approval on the Consent Agenda: a. Minutes of August 3, 1998, Regular City Council Meeting b. RENEWAL - Proposal 1710, Audit Services, Finance Dept.& Firemen's REGULAR COUNCIL MEETING AUGUST 17, 1998 3 Pension c. Authorizing Amendment No. 1 to Public Transit Operating Agreement A motion was made by Councilman Carl Jaynes for approval of the Consent Agenda as presented, seconded by Councilman Charles Jackson and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore John Landwehr announced that the following reports and minutes have been received and are on file in the City Clerk's Office: a. Historic Preservation Commission, 6/23/98 b. Solid Waste Committee, 4/14/98 c. Finance Report, July 1998 d. Board of Adjustment, 7/14/98 e. Firefighter's Retirement System, 4/17/98 f. Public Works & Planning Committee, 7/23/98 g. Police Personnel Board, 7/23/98 MAYORAL APPOINTMENTS President Pro Tempore John Landwehr announced the following appointments had been recommended for approval by Mayor Duane Schreimann: a. Probationary Police Telecommunications Operator - Blake Northway A motion was made by Councilman Carolyn McDowell for approval, seconded by Councilman Larry Vincent and approved unanimously. MAYORAL ANNOUNCEMENTS President Pro Tempore John Landwehr announced the following awards had been presented and mailed to the recipients: b. Commercial Landscape Award — Mid - Missouri Medical Foundation, 3400 W. Truman Blvd. c. Yard of the Month Award — Rick & Rhonda Griggs, 919 Banister REGULAR COUNCIL MEETING AUGUST 17, 1998 4 BILLS INTRODUCED Bill 98 -64, 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 INDOOR AMUSEMENT AND RECREATION ESTABLISHMENTS. Councilman Jaynes requested that the rules be suspended and Bill 98 -64 placed on final passage. There were no objections to the request for suspension of the rules. Bill 98 -64 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 12799: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -65, 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 GOLF DRIVING RANGE, MINIATURE GOLF COURSE AND PRACTICE PUTTING GREENS BY ADDING THOSE ITEMS TO THE RURAL DISTRICT, CONDITIONAL USE SECTION. Bill 98 -66, 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 87 ACRES OF LAND IN NORTH JEFFERSON CITY, CALLAWAY COUNTY, IN THE SOUTHWEST PART OF SECTION 15 AND IN THE NORTHWEST PART OF SECTION 22, TOWNSHIP 44, RANGE 11, FROM RU RURAL TO M -1 LIGHT INDUSTRIAL. Bill 98 -67, 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 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. Bill 98 -68, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING AUGUST 17, 1998 5 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J C INDUSTRIES, INC. FOR DEMOLITION OF THE STRUCTURE AT 722 E. HIGH STREET. Bill 98 -69, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT FOR RUNWAY RESURFACING. Bill 98 -70, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE B (LEFT TURNS PROHIBITED; RIGHT TURNS PROHIBITED), SUBPARAGRAPH (A), BY REMOVAL OF THE INTERSECTION AT HIGH STREET AND MADISON STREET. Bill 98 -71, sponsored by Councilman McDowell, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), BY THE REMOVAL OF PARKING ON A PORTION OF THOMPSON STREET. Bill 98 -72, sponsored by Councilmen Haake and Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RICH AND ASSOCIATES, INC., FOR PARKING IMPROVEMENTS CONSULTING ENGINEERING SERVICES. Bill 98 -73, sponsored by Councilmen Haake and Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RICH AND ASSOCIATES, INC., FOR PARKING IMPROVEMENTS CONSULTING ENGINEERING SERVICES. Bill 98 -74, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI, FOR THE YEAR 1998. REGULAR COUNCIL MEETING AUGUST 17, 1998 6 Bill 98 -75, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 1998, TO OCTOBER 31, 1999, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. BILLS PENDING 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 -72 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12789: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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 John Landwehr moved that Substitute Bill 98 -53 which was distributed to Council be accepted in the place of Bill 98 -53, seconded by Councilman Larry Vincent, and approved unanimously. Following discussion, Substitute Bill 98 -53 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12790: Aye: Nay: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None 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. REGULAR COUNCIL MEETING AUGUST 17, 1998 7 Councilman John Landwehr requested that Bill 98 -54 be placed on the Informal Calendar at this time. 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 9855- was read third time by title, placed on final passage and passed by the following vote as Ordinance 12791: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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 -56 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12792: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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 -57 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12793: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -58, sponsored by Councilman Landwehr, entitled: REGULAR COUNCIL MEETING AUGUST 17, 1998 8 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 -58 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12794: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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. Councilman Charles Jackson requested the Bill 98 -59 be placed on the Informal Calendar at this time. 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 -60 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12795: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 98 -61, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND REGULAR COUNCIL MEETING AUGUST 17, 1998 9 APPROVING THE PLAT OF RTR SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -61 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12796: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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. Bill 98 -62 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12797: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None 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. Councilman Steve Nelson stated that he could not vote for this bill because he did not feel that alcoholic beverages should be consumed on public sidewalks in view of citizens, especially children. Following discussion, Bill 98 -63 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12798: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: Nelson 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), REGULAR COUNCIL MEETING AUGUST 17, 1998 10 SUBPARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE REMOVAL OF PARKING ON PORTIONS OF EAST MCCARTY STREET. Councilman Carolyn McDowell stated she would withdraw this bill, but requested that staff look into moving the centerline at the location on E. McCarty in front of the Smoke House restaurant. Bill 98 -44, sponsored by Councilman Haake, 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. President Pro Tempore John Landwehr 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. 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 remain on the Informal Calendar at this time. NEW BUSINESS There was no new business to come before the Council at this time. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. REGULAR COUNCIL MEETING AUGUST 17, 1998 11 COUNCIL LIAISON REPORTS There were Council liaison reports made at this time. APPROVAL OF EXECUTIVE SESSION MINUTES Minutes of the August 3, 1998 Executive Session: A motion was made by Councilman Charles Jackson 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 Carol Blaney and approved unanimously by the following roll -call vote at 9:30 PM: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None ACTIONS TAKEN IN EXECUTIVE SESSION Jefferson City Police Department: Police Chief Tyler Brewer announced to the Council his resignation as Police Chief, effective mid - September and requested that the Council approve a continuation of his wage and benefits package past his resignation date. He indicated he did have vacation which he would take between now and his final date of employment. Following Chief Brewer's announcement, he left the meeting. Following Council discussion of the matter, a motion was made by Councilman Larry Vincent that the Council authorize the City staff to negotiate a separation or transition contract with Chief Brewer that would include six months' pay and three months of insurance benefits. The motion was seconded by Councilman Carl Jaynes and approved by the following roll -call vote: Aye: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges and Vincent Nay: McDowell