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HomeMy Public PortalAbout19970421REGULAR COUNCIL MEETING APRIL 21, 1997 CALL TO ORDER The Regular Council Meeting was called to order on April 21, 1997, 7:30 P.M. with Mayor Duane Schreimann presiding. Prayer was offered by Rev. Harold Powell, First Foursquare Church, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for roll call: Present: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY The following special presentations were made: Mr. Pierre Backes was awarded a special certificate of appreciation for his service in recently assisting police apprehend a robbery suspect. Resolution RS97 -3 (considered out of order at this time), Recognition of Members of the Jefferson City High School Debate Team (McDowell). Councilman Carolyn McDowell moved for adoption of the Resolution, seconded by Councilman Bill Byrd, and approved unanimously. Ben Plummer and Andrew Nash were present and were awarded RS97 -3 in recognition of their achievement of qualifying to participate in the upcoming National Debate Tournament. APPEALS Brandhorst Appeal of Gordon PUD: Councilman Rick Nilges stated that he had to leave the meeting at 8:00, and moved to postpone the appeal hearing to the May 5, 1997, Council Meeting so that all Council Members could be present during the hearing. Motion was seconded by Councilman Carolyn McDowell, and the motion failed by the following roll -call vote: Aye: Jackson, Landwehr, McDowell and Nilges Nay: Haake, Jaynes, Kammerdiener, Nelson and Vincent Abstain: Byrd REGULAR COUNCIL MEETING APRIL 21, 1997 Following defeat of the motion, Councilman Rick Nilges requested that, since he had to leave the meeting early, pending bills 97 -6 and 97 -8 be considered out of order. There were no objections to Councilman Nilges' request. Bills Pending Considered Out of Order Bill 97 -6, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE A, OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO SPEED LIMIT ON A PORTION OF STADIUM BOULEVARD WEST. Councilman Rick Nilges requested that Bill 97 -6 be placed on the Informal Calendar at this time. Bill 97 -8, sponsored by Councilman Nilges, 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 10,030 SQUARE FEET OF LAND, LOCATED SOUTH OF THE INTERSECTION OF OSCAR DRIVE AND AARON COURT, FROM C -2, GENERAL COMMERCIAL, TO PUD, PLANNED UNIT DEVELOPMENT. Councilman Rick Nilges requested that Bill 97 -8 be placed on the Informal Calendar at this time. APPEALS (CONTINUED) Brandhorst Appeal of Gordon PUD: At this time, Councilman Bill Byrd left his Council desk and sat in the gallery to remove himself from participation in either discussion or action in the matter of the Brandhorst Appeal of the Gordon PUD project. A presentation was made by Keith DeVault, Director of Planning & Code Enforcement, giving the background of the Gordon PUD issue. Mr. Larry Brandhorst, 1111 Fairland Drive, made a presentation stating his reasons for opposing the Gordon PUD project. The following persons also stated their opposition to the project: Mr. Chris Byrd, 1205 Fairland Drive Ms. Roxie Nold, 1311 Linwood Mr. Greg Gonder, 1207 Fairland The following persons spoke in favor of the Gordon PUD: Mr. James Riner, 305 E. McCarty, attorney for Gordon Builders. Mr. Riner submitted copies of the Municipal Code pertaining to Zoning regulations, and Planning & REGULAR COUNCIL MEETING APRIL 21, 1997 Zoning Commission, to be included in the official record of this appeal hearing. *Councilman Rick Nilges left the meeting at this point Mr. Darrel Gordon, 600 Monroe, co -owner of Gordon Builders Mr. Dan Gordon, 600 Monroe, co -owner of Gordon Builders Following all the presentations, a lengthy discussion was held during which parties from both sides of the issue were asked questions and made comments. At the conclusion of the discussion, Councilman Carolyn McDowell moved to uphold the appeal and reject the Planning & Zoning Commission decision which approved the Gordon PUD project, seconded by Councilman John Landwehr, and denied by the following roll -call vote: Aye: McDowell Nay: Haake, Jackson, Jaynes, Kammerdiener, Landwehr, Nelson and Vincent Absent: Nilges Abstain: Byrd Councilman Bill Byrd returned to his Council seat at this time. CONSENT AGENDA The following items were brought before the Council on the Consent Agenda: a. Minutes of April 7, 1997, First Council Meeting b. Minutes of April 7, 1997, Second Council Meeting c. Approval of Parking Lease on Lot #24 d. Approval of Lease Renewal for Airport Cafe e. Approval of Lease of Airport for Airshow A motion was made by Councilman Carl Jaynes to approve the Consent Agenda as presented, seconded by Councilman Steve Nelson, and approved unanimously. BIDS OVER $25,000 Purchase of Used Sludge Truck - Wastewater Division. Following a presentation by Tom Wallace, Wastewater Division Director, a motion was made by Councilman James Haake to approve the bid, seconded by Councilman Carl Jaynes and approved unanimously. ANNOUNCEMENTS BY MAYOR Mayor Duane Schreimann announced that the April Yard -of- the -Month Award was presented to Paul & Mary Goedde, and would be forwarded to them. REGULAR COUNCIL MEETING APRIL 21, 1997 MAYORAL APPOINTMENTS a. Telecommunications Operators James Wheatcroft A motion was made by Councilman Larry Vincent to approve the appointment as presented, seconded by Councilman Charles Jackson 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: Parks & Recreation Commission, 3/10/97; Historic Preservation Commission, 1/21/97; Planning & Zoning Commission, 3/13/97; Board of Adjustment, 3/11/97; Police Personnel Board, 2/6/97 and 3/6/97; Park Resources Committee, 3/25/97 BILLS INTRODUCED Bill 97 -10, sponsored by Councilmen Nilges and Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1996 -97 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY TRANSFERRING FUNDS WITHIN THE CAPITAL IMPROVEMENTS SALES TAX FUND. Councilman Larry Vincent requested that the rules be suspended and Bill 97 -10 be placed on final passage. There were no objections to the request for suspension of the rules. Bill 97 -10 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 12604: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, and Vincent Nay: Nilges Bill 97 -11, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. Bill 97 -12, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY REGULAR COUNCIL MEETING APRIL 21, 1997 ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, KNOWN AS THE VENTURA AREA, LYING NORTHWEST OF THE PRESENT CITY LIMITS. Bill 97 -13, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOKES ELECTRIC FOR ELECTRICAL SERVICES. BILLS PENDING Bill 97 -2, 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 LOT 83 OF "THE DIAMONDS" SUBDIVISION, SECTION FOUR, LOCATED AT THE NORTHEAST CORNER OF WEST EDGEWOOD DRIVE AND DIAMOND RIDGE FROM C -1 NEIGHBORHOOD COMMERCIAL TO C -2 GENERAL COMMERCIAL. Bill 97- was read third time by title, placed on final passage and passed by the following vote as Ordinance 12599: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: None Bill 97 -4, sponsored by Councilman Haake, 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 THE 1997 MAJOR MAINTENANCE PROJECT. Bill 97 -4 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12600: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: None Bill 97 -5, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STERLING REGULAR COUNCIL MEETING APRIL 21, 1997 EXCAVATION AND ERECTION COMPANY, INC. FOR THE BOONVILLE ROAD SANITARY SEWER PROJECT. Bill 97 -5 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12601: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: None Bill 97 -7, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE A, OF THE CODE OF THE CITY OF JEFFERSON BY ESTABLISHING A SCHOOL ZONE SPEED LIMIT ON EASTLAND DRIVE NEAR LEWIS AND CLARK MIDDLE SCHOOL. Bill 97 -7 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12602: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: None Bill 97 -9, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING A NEW ARTICLE IX OF CHAPTER 32, STREETS AND SIDEWALKS, PERTAINING TO PAINTING HOUSE NUMBERS ON CURBS. Bill 97 -9 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12603: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, Nelson and Vincent Nay: McDowell RESOLUTIONS RS97 -1 — Designating /Recognizing Jefferson City Convention & Visitor's Bureau as a Tourism Destination Marketing Organization (TDMO)(Nilges) A motion was made by Councilman Bill Byrd to adopt RS97 -1, seconded by Councilman Steve Nelson and approved unanimously. REGULAR COUNCIL MEETING APRIL 21, 1997 RS97 -2 — Authorizing Submission of LLPP Grant (Nilges). A motion was made by Councilman Carl Jaynes to adopt RS97 -2, seconded by Councilman Steve Nelson and approved unanimously. COUNCIL LIAISON REPORTS Councilman James Haake announced the April 24 Public Works and Planning Committee meeting, and requested that any council member unable to attend please notify Public Works Department. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Approval of 1997 -98 Council Meeting Schedule — Councilman Carolyn McDowell moved to approve the schedule as presented, seconded by Councilman Larry Vincent and approved unanimously. Councilman Steve Nelson announced he will be unable to attend the May 19 Council meeting. Councilman Carolyn McDowell requested that City Counselor Allen Garner to make a presentation regarding the issue of TCI's franchise with the City. Mr. Garner explained what issues cities can and cannot regulate, by law, under cable television franchise agreements. Federal legislation passed within the past few years has significantly affected those areas which cities can no longer regulate regarding cable television: rates, content, etc. He also explained the methods allowable for selecting a provider. EXECUTIVE SESSION Councilman Bill Byrd moved that the Council go into Executive Session at this time for the purpose of discussing real estate, personnel, and litigation. Motion was seconded by Councilman James Haake and approved by the following roll -call vote at 9:20 PM: Aye: Byrd, Haake, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: None REGULAR COUNCIL MEETING APRIL 21, 1997 COUNCIL COMMITTEE MEETINGS The Council reconvened in open session at 9:40 P.M. to elect chairmen and vice - chairmen of Council Committees for the 1997 -98 Council year. President Pro Tempore Charles Jackson called the meeting to order and presided at the Council Committee elections. Ad Hoc Committee on Annexation Chairman: Councilman Carolyn McDowell nominated Councilman John Landwehr. Councilman Larry Vincent moved that nominations cease and that Councilman John Landwehr be elected by acclamation, seconded by Councilman Carolyn McDowell and approved unanimously. Ad Hoc Committee on Annexation Vice - Chairman: Councilman Carolyn McDowell nominated Councilman Randy Kammerdiener. Councilman Larry Vincent moved that nominations cease and that Councilman Randy Kammerdiener be elected by acclamation, seconded by Councilman Carolyn McDowell and approved unanimously. Ad Hoc Committee to Study Planning & Zoning /Development Ordinances Chairman: Councilman Larry Vincent nominated Councilman Charles Jackson. Councilman Carl Jaynes moved that nominations cease and that Councilman Charles Jackson be elected by acclamation, seconded by Councilman Larry Vincent and approved unanimously. Ad Hoc Committee to Study Planning & Zoning /Development Ordinances Vice - Chairman: Councilman Carolyn McDowell nominated Councilman Randy Kammerdiener. Councilman Larry Vincent moved that nominations cease and that Councilman Randy Kammerdiener be elected by acclamation, seconded by Councilman Carolyn McDowell and approved unanimously. Public Works & Planning Committee Chairman: Councilman Carl Jaynes nominated Councilman James Haake. Councilman Carolyn McDowell moved that nominations cease and Councilman James Haake be elected by acclamation, seconded by Councilman Carl Jaynes, and approved unanimously. Public Works & Planning Committee Vice - Chairman: Councilman Steve Nelson nominated Councilman Bill Byrd. Councilman Carl Jaynes moved that nominations cease and Councilman Bill Byrd be elected by acclamation, seconded by Councilman Steve Nelson and approved unanimously. Solid Waste Committee Chairman: Councilman Carolyn McDowell nominated Councilman Larry Vincent. Councilman Steve Nelson moved that nominations cease and Councilman Larry Vincent be elected by acclamation, seconded by Councilman Carolyn McDowell and approved unanimously. Solid Waste Committee Vice - Chairman: Councilman Carl Jaynes nominated Councilman Steve Nelson. Councilman Larry Vincent moved that nominations cease, and that REGULAR COUNCIL MEETING APRIL 21, 1997 Councilman Steve Nelson be elected by acclamation, seconded by Councilman Carl Jaynes and approved unanimously. Appointments Review Committee Chairman: Councilman James Haake nominated Councilman Charles Jackson. Councilman Carl Jaynes moved that nominations cease and Councilman Charles Jackson be elected by acclamation, seconded by Councilman James Haake and approved unanimously. Appointments Review Committee Vice- Chairman: Councilman Larry Vincent nominated Councilman Bill Byrd. Councilman Steve Nelson moved that nominations cease, and Councilman Bill Byrd be elected by acclamation, seconded by Councilman Larry Vincent and approved unanimously.