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Home My Public Portal About19990405REGULAR COUNCIL MEETING APRIL 5, 1999 1 CALL TO ORDER The Regular Council Meeting of April 5, 1999, was convened at 7:30 P.M. by President Pro Tempore John Landwehr. Prayer was offered by Councilman Charles Jackson, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Absent: Stella A quorum was declared present. President Pro Tempore John Landwehr recognized and welcomed the following two Boy Scout Troops which were present at tonight's meeting working on their "Citizenship in the Community" and "Communications" merit badges: Doug Thompson introduced Troop 1 - Moreau Heights Elementary School Joe Asced - Troop 2, First Presbyterian Church PUBLIC HEARINGS Rezoning .17 Acres of Lot 6 (Re -Lock Estates) and .09 Acres of Vacated Right -of -Way Along Easterly Side of City View Drive, from RS -2 (Single Family Residential) to C -1 (Neighborhood Commercial). Planning and Code Enforcement Director Keith DeVault made a presentation outlining the background of the request for rezoning. Following Mr. DeVault's prevention, no one present wished to speak in favor of, or opposition to, the proposed rezoning. President Pro Tempore John Landwehr announced the public hearing was concluded. Rezoning 3.86 Acres of Lot 8 of Southgate Subdivision from PUD (Planned Unit Development) to RA -1 (Multiple Family Residential). Planning and Code Enforcement Director Keith DeVault made a presentation outlining the background of the request for rezoning. Following Mr. DeVault's prevention, the following persons spoke to the issue: In favor: Mr. Vernon Scheulen, 214 Stephan, made a brief presentation as the developer who owns the property in question. In opposition: Ms. Dora Serrano, 1230 Duane Swift Parkway, made a presentation REGULAR COUNCIL MEETING APRIL 5, 1999 2 in opposition to the rezoning. A letter was also received from Mr. Henry Strattman in opposition to the requested rezoning. Following the presentations from members of the public, President Pro Tempore John Landwehr announced that the public hearing was concluded. PRESENTATIONS FROM THE GALLERY President Pro Tempore John Landwehr announced the presentation of the Chamber portrait of the late Councilman James Haake, who died while in office, on January 1, 1999. A standing ovation was observed by those in the Chamber in honor of Councilman Haake's memory, and members of Mr. Haake's family were recognized. The next presentation was made by Mr. Dan Epema of Barr Engineering Company, regarding the soil samples at the Dix Road / Industrial Drive site. Following the presentation, Council Members asked questions of Mr. Epema. Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding animal ordinances and recent court fines assessed to him under the ordinance. CONSENT AGENDA The following items were presented for approval on the Consent Agenda: a. Minutes of March 15, 1999, Regular City Council Meeting b. Minutes of March 22, 1999, Special City Council Meeting c. (RENEWAL) Bid 1680 - Electrical Services, All City d. Authorizing Renewal of Agreement with Chamber of Commerce for Economic Development e. Authorizing Permissive Use to Housing Authority for Bolivar Street right -of- way and W. Main Street right -of -way Councilman Rick Nilges requested that Item (d) be removed from the Consent Agenda for consideration at a later date, and requested that staff convey to the Chamber that Council would like to see the Chamber's fiscal year correspond with the City's fiscal year. Councilman Rick Nilges moved that Items (a), (b), (c) and (e) of the Consent Agenda be approved as presented, seconded by Councilman Charles Jackson and approved unanimously. MINUTES AND REPORTS RECEIVED & FILED REGULAR COUNCIL MEETING APRIL 5, 1999 3 Mayor Duane Schreimann announced that the following reports have been received and are on file in the City Clerk's Office: a. Housing Authority Board of Commissioners, January 12 and February 23, 1999 b. February 1999 Finance Report c. Planning & Zoning Commission, February 11, 1999 ANNOUNCEMENTS BY THE MAYOR President Pro Tempore John Landwehr announced that Mayor Duane Schreimann has made the following appoint (which does not require Council approval): Mary E. Heinrichs Estate Trustee - William M. Tackett MAYORAL APPOINTMENTS There were no appointments made at this time. BILLS INTRODUCED Bill 98 -190, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PURCHASE AGREEMENT WITH GTE CORPORATION FOR E9 -1 -1 EQUIPMENT. Bill 98 -191, 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 LOTS NO. 1, 2, 3, 4, AND 5 OF JULMAR SUBDIVISION, SECTION ONE, CONTAINING 3.47 ACRES FROM PUD, PLANNED UNIT DEVELOPMENT TO C -O, OFFICE COMMERCIAL. Bill 98 -192, 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 ALL OF LOT 56 AND THE SOUTHERN 1/3 PORTION OF LOT 57 OF WESTPOINT ESTATES SECTION FOUR FROM C -O, OFFICE COMMERCIAL TO PUD, PLANNED UNIT DEVELOPMENT. REGULAR COUNCIL MEETING APRIL 5, 1999 4 Bill 98 -193, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PARKING LEASE AGREEMENT WITH SPRINT- UNITED TELEPHONE COMPANY OF KANSAS. Councilman Charles Jackson stated he felt the City cannot maintain the parking spaces for $.75 each and recommended that the lease should be for one year instead of five. Bill 98 -194, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN ENERGY CONSERVATION LOAN AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR WALNUT STREET PUMP STATION IMPROVEMENTS. Bill 98 -195, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE AGREEMENT WITH RHONDA LAUF FOR OPERATION OF THE AIRPORT CAFE AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 98 -196, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE REPLAT OF PART OF ROLAND L. WIGGINS SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -197, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF RE -LOCK ESTATES, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 98 -198, 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 OF APPROXIMATELY .17 ACRE ON THE NORTHERN TIP OF LOT 6 RE -LOCK ESTATES AND APPROXIMATELY .09 ACRE OF VACATED RIGHT - OF -WAY ALONG THE EASTERLY SIDE OF CITY VIEW DRIVE, FROM RS -2, SINGLE REGULAR COUNCIL MEETING APRIL 5, 1999 5 FAMILY RESIDENTIAL TO C -1, NEIGHBORHOOD COMMERCIAL. Bill 98 -199, 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 OF PART OF LOT 8 OF SOUTHGATE SUBDIVISION CONTAINING APPROXIMATELY 3.86 ACRES, FROM PUD, PLANNED UNIT DEVELOPMENT TO RA -1, MULTIPLE FAMILY RESIDENTIAL. Bill 98 -200, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR THE 1999 NEIGHBORHOOD IMPROVEMENT PROJECT NO. 1. BILLS PENDING Bill 98 -185, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TRANSFERRING LAND AND ESTABLISHING PORTIONS OF CITY OWNED LANDS AS PARK PROPERTY. Bill 98 -185 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12907: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None Bill 98 -186, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE ACCEPTANCE OF GIFT OF CERTAIN REAL ESTATE. Bill 98 -186 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12908: Aye: Blaney, Haake, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None Declined to Vote: Councilman Jackson declined to vote by responding "pass" on first round of voting, and again declined to vote by responding "pass" when polled at end REGULAR COUNCIL MEETING APRIL 5, 1999 6 of first round. Bill 98 -187, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN BROTHERS, L.L.C. FOR SUNSET COURT AND SUNSET LAKE ROAD STORM DRAINAGE IMPROVEMENTS. Bill 98 -187 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12909: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None Bill 98 -188, sponsored by Councilman Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH WALKER &ASSOCIATES, INC., FOR AERIAL SURVEY SERVICES. Bill 98 -188 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12910: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None Bill 98 -189, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ARTICLE VII OF CHAPTER 21 (NUISANCES), SECTION 21- 111(B) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO NOISE FROM RADIO, PHONOGRAPHS, AND MOTOR VEHICLE AUDIO SYSTEMS Bill 98 -189 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12911: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None INFORMAL CALENDAR REGULAR COUNCIL MEETING APRIL 5, 1999 7 Bill 98 -166, 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 MADISON STREET AND HIGH STREET. Councilman Carolyn McDowell requested that Bill 98 -166 be removed from the Informal Calendar and placed on final passage at this time. Bill 98 -166 was read third time by title, placed on final passage and defeated by the following vote: Aye: Nay: Blaney, Haake, McDowell, and Vincent Jackson, Jaynes, Landwehr, Nelson and Nilges Bill 98 -177, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTIONS 8- 12, 13 -2, 14 -2, 16 -3 and 17 -3 OF THE PERSONNEL POLICY FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI, AS ENACTED BY ORDINANCE 12557. Councilman Rick Nilges requested that Bill 98 -177 be removed from the Informal Calendar and placed on final passage at this time. A motion was made by Councilman Rick Nilges that a substitute to Bill 98 -177 be approved as previously distributed to Council in their packets, seconded by Councilman Steve Nelson, and approved unanimously. Bill 98 -177, as substituted, was then read third time by title, placed on final passage and passed by the following vote as Ordinance 12912: Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None RESOLUTIONS RS98 -24 — Census 2000 (Jaynes). Following discussion, a motion was made by Councilman Carl Jaynes that RS98 -24 be tabled until Council could be given more information about costs which would be incurred by the City, seconded by Councilman Charles Jackson approved unanimously. NEW BUSINESS Councilman Carol Blaney made comments regarding the number of calls made from public housing (Hamilton and Dulle) units which must be responded to by Fire personnel in the REGULAR COUNCIL MEETING APRIL 5, 1999 8 capacity of First Responders. Councilman Carl Jaynes made comments regarding the number of calls that are storm water related, and requested that the issue be placed on the next Public Works Committee meeting for discussion. Public Works Director Marty Brose requested that the April 22 Public Works Committee meeting be moved to April 29. Councilman Nelson, Chairman of the Public Works Committee, stated that the change in schedule would not be a problem. UNFINISHED BUSINESS Councilman Rick Nilges stated that he had noticed an error in the March 15 Council Minutes which should be corrected on page 4. The minutes should reflect that Councilman Nilges requested suspension of the rules on Bill 98 -187 instead of 98 -188. He moved that the minutes be amended, motion was seconded by Councilman Carl Jaynes approved unanimously. Amendment so noted by City Clerk Phyllis Powell. Councilman Rick Nilges made comments regarding the number of signs at entrances to the Jefferson City Medical Group facility. Planning and Code Enforcement Director Keith DeVault answered his questions about the entrances. COUNCIL LIAISON REPORTS Councilman Larry Vincent announced the spring trash pickup schedule for 1999. Councilman Carol Blaney announced the "Walkable Community" tours held on April 7. GO INTO EXECUTIVE SESSION A motion was made by Councilman Larry Vincent that the Council go into Executive Session at this time to discuss matters pertaining to real estate, litigation and personnel. Motion was seconded by Councilman Carolyn McDowell, and approved unanimously by the following roll -call vote at 9:45 P.M. Aye: Blaney, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, and Vincent Nay: None