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Home My Public Portal About19980908REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 1 CALL TO ORDER The Regular Council Meeting was convened on September 8, 1998, 7:30 by President Pro Tempore John Landwehr in the absence of 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, Nilges, Stella and Vincent Absent: Haake and Nelson A quorum was declared present. PUBLIC HEARINGS Rezoning approximately 22 acres in 2700 -2800 block of Missouri Blvd. and behind properties on South Ten Mile Drive from RS -1 (Single Family Residential) to a combination of C -2 (General Commercial), C -O (Office Commercial) and RD — Following a presentation by Keith DeVault, Planning & Code Enforcement Director regarding the background of the request for rezoning, there were no citizens present who requested to speak in favor of, or opposition to, the proposed rezoning. President Pro Tempore John Landwehr declared the public hearing concluded. PRESENTATIONS FROM THE GALLERY Mr. Harold Wadley, 1122 E. Dunklin, made a presentation regarding excessive noise in his neighborhood, and requested that something be done to patrol the area to address the situation. He suggested that the "noise ordinance" be changed to prohibit excessive noise 24 hours a day, not just between 11:00 P.M. and 7:00 A.M. as stated in the ordinance. President Pro Tempore John Landwehr asked City Administrator Rich Mays to make sure that staff looks into the situation. Councilman Carolyn McDowell stated that, as sponsor of the "noise ordinance," she would be willing to look at amending the ordinance in response to Mr. Wadley's suggestion. Ms. Karen Keeney, 519 Eastland Drive, made a presentation in favor of passage of Bill 98- 54 (the sidewalk ordinance). Mr. Roger Randolph, 619 Norris Drive, representing the River Bluffs Audubon Society, also made a presentation in favor of Bill 98 -54. REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 2 Mr. Richard O'Neill, 3010 Country Club Drive, made a presentation in opposition of mandating sidewalks in new subdivisions because he believes there is an absence of "grass roots" support for the issue. Mrs. Anita Randolph, 619 Norris Drive, made a presentation in favor of requiring sidewalks in new subdivisions. Mr. Wallace McMullen, 2805 Mohawk Drive, spoke on behalf of the Sierra Club in favor of sidewalks in new subdivisions. Ms. Amy Potts, 712 Hobbs Terrace, spoke in favor of the sidewalk ordinance. Ms. Betty Walker, 1826 Mississippi Street, spoke on behalf of the citizens of Jefferson City who are blind, and stated that she had just come from a meeting of the local chapter of the National Federation of the Blind at which that organization voiced its support of requiring sidewalks in new subdivisions. CONSENT AGENDA The following items were present for approval on the Consent Agenda: a. Minutes of August 17, 1998, Regular City Council Meeting b. Minutes of August 25, 1998, Special City Council Meeting c. RENEWAL - Bid 1644, Uniform Clothing & Operational Supplies, Police Dept. d. RENEWAL - Bid 1712, Heating, A/C & Refrigeration Services, All City e. Authorizing Change Order No. 1 to proposed contract with Jefferson Asphalt f. Authorizing Amendment to Agreement (passed by Ordinance #12746) with Bucher, Willis & Ratliff for Airport Runway Resurfacing Project A motion was made by Councilman Rick Nilges for approval of the Consent Agenda as presented, seconded by Councilman Charles Jackson and approved unanimously. MAYORAL APPOINTMENTS President Pro Tempore John Landwehr announced the following appointments had been placed on an Addendum to the Agenda and recommended for approval by Mayor Duane Schreimann: a. Probationary Police Telecommunications Operator - Michael Sneller A motion was made by Councilman Carolyn McDowell for approval, seconded by Councilman Len Stella and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 3 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: b. Transportation & Traffic Commission, 8/6/98 c. Finance Committee, 8/24/98 d. Planning & Zoning Commission, 2/12/98 (previously overlooked when submitting minutes for filing) e. Planning & Zoning Commission, 7/9/98 f. Cable Quality Commission, 6/18/98 g. Housing Authority Board of Commissioners, 6/30/98 MAYORAL ANNOUNCEMENTS There were no Mayoral Announcements at this time. BILLS INTRODUCED Bill 98 -76, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF TARA PLACE SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -77, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING AND RESCINDING ORDINANCE #12733 RELATING TO ACCEPTING AND APPROVING THE PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON AND APPROVING THE PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -78, sponsored by Councilmen Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 1999. Bill 98 -79, sponsored by Councilmen Nelson and Haake, entitled: REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY FOR A PORTION OF EDGEWOOD DRIVE. Bill 98 -80, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND VAUGHAN CONSTRUCTION COMPANY FOR COLLECTION SYSTEMS MAINTENANCE BUILDING. Bill 98 -81, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR AIRPORT RUNWAY STRENGTHENING AND OVERLAY PROJECT. Councilman McDowell requested that the rules be suspended and Bill 98 -81 placed on final passage. There were no objections to the request for suspension of the rules. Bill 98 -81 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 12809: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None Bill 98 -82, sponsored by Councilmen Landwehr, Blaney, Jackson, Jaynes, Nelson, Stella and Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEMNITY AND ENGAGEMENT FOR FUTURE SERVICES AGREEMENT WITH K. TYLER BREWER. BILLS PENDING 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 -65 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12802: Aye: Nay: REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 5 Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent None 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. Councilman Carl Jaynes requested that Bill 98 -66 be placed on the Informal Calendar at this time. 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 -67 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12803: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None Bill 98 -68, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 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 -68 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12804: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 6 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 -69 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12805: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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. Following a period of discussion, Councilman Carolyn McDowell requested that Bill 98 -70 be placed on the Informal Calendar at this time. 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 -71 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12806: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None 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 -72 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12807: REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 7 Aye: Blaney, Jackson, Jaynes, Landwehr, Nilges, Stella and Vincent Nay: McDowell 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 -73 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12808: Aye: Nay: Jackson, Jaynes, Landwehr, Nilges, Stella and Vincent Blaney and McDowell INFORMAL CALENDAR 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 dies on the Informal Calendar at this time. 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, where it dies at this time. 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 REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 8 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 removed from the Informal Calendar and placed on final passage at this time. Bill 98 -48 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12810: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: 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. Councilman John Landwehr requested that Bill 98 -54 remain on the Informal Calendar at this time. 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 remain on the Informal Calendar at this time. RESOLUTIONS RS98 -13 RS98 -14 Recognition of Captain Stephen K. Welch Upon His Retirement From the Jefferson City Police Department (Vincent). President Pro Tempore John Landwehr announced that Council wished to hold this item over until Mr. Welch and his family can be present to accept the resolution. Joining the Mid - Missouri Solid Waste District (Vincent) —A motion was made by Councilman Charles Jackson for adoption, seconded by Councilman Carolyn McDowell and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 9 NEW BUSINESS Councilman Larry Vincent stated that he continues to receive numerous calls from citizens who are complaining about their service from TCI Cable and asked what the city can do about it. City Counselor Allen Garner explained that the federal government has passed laws which removed the authority of cities to regulate cable companies. He stated that the Law Department still does refer complaints it receives on to TCI for follow -up, and that the Cable Quality Commission reviews those complaints periodically at its meetings. The only recourse a city has is in deciding whether or not to renew a cable company's franchise. Councilman Carolyn McDowell stated that the issue of parking at the Jefferson City Medical Group location will be brought up at the next Traffic and Transportation Committee meeting. She also asked Marty Brose, Public Works Director, the status of the traffic signal at W. Edgewood, to which Mr. Brose replied it would be November or December, possibly later. Councilman Carolyn McDowell and Councilman Carl Jaynes stated that they would be willing to sponsor a bill pertaining to the sale of blowguns and similar objects. Councilman Carl Jaynes stated that at recent Planning & Zoning Commission meetings he has noticed that representation of the various wards in the City is not meeting the requirements of the City Code. Keith DeVault, Planning & Code Enforcement Director, was asked to look into the matter. Councilman Rick Nilges stated that he had attended a Board of Adjustment meeting and asked Keith DeVault, Planning & Code Enforcement Director, to explain why one party was requested to appear in person to place an item on hold while a second party was able to fax in a request to place an item on hold and did not have to show up in person. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS Councilman Rick Nilges stated that he was appointing the following persons to the Finance subcommittee to look at the funding of Training & Education, and Meetings & Conferences within the budget: Councilman Larry Vincent Councilman Carl Jaynes Councilman Rick Nilges Councilman Carolyn McDowell REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 10 Councilman Charles Jackson The subcommittee will meet September 28 at 6:00 P.M., immediately followed by a Finance Committee meeting at 7:30 P.M. to discuss possible solutions for city hall expansion solutions, whether it be renovation or leasing. APPROVAL OF EXECUTIVE SESSION MINUTES Minutes of the August 17, 1998 Executive Session: A motion was made by Councilman Charles Jackson for approval of the minutes as presented, seconded by Councilman Larry Vincent 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 9:40 P.M.: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None ACTIONS TAKEN IN EXECUTIVE SESSION Interim Police Chief: City Administrator Rich Mays recommended that Captain James Johnsen be appointed as Interim Police Chief. A motion was made by Councilman Rick Nilges to approve Mr. Mays' recommendation, seconded by Councilman Carolyn McDowell and approved unanimously by the following roll -call vote: Aye: Blaney, Jackson, Jaynes, Landwehr, McDowell, Nilges, Stella and Vincent Nay: None