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Home My Public Portal About19970721REGULAR COUNCIL MEETING JULY 21, 1997 CALL TO ORDER The Regular Council Meeting was called to order on July 21, 1997, 7:30 P.M. with President Pro Tempore Charles Jackson presiding. Prayer was offered by Councilman Bill Byrd, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for roll call: Present: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges and Vincent Absent: None A quorum was declared present. ELECTION OF NEW CITY COUNCIL MEMBER President Pro Tempore Jackson announced that the Chair would entertain nominations for the election of a new Third Ward City Council Member to fill the unexpired term of Councilman Randy Kammerdiener who resigned effective July 18, 1997. Councilman Carl Jaynes nominated Mr. Leonard Stella, seconded by Councilman Carolyn McDowell. Following a brief biography of Mr. Stella outlining his qualifications for the position, Councilman Bill Byrd moved that nominations cease, and that Mr. Stella be elected by acclamation, Seconded by Councilman Carl Jaynes and approved unanimously. Following Mr. Stella's election, the oath of office was administered by Phyllis Powell, City Clerk, and Councilman Len Stella assumed his Council seat. PUBLIC HEARINGS a: Change Street Name: Bubba Lane to Gibson Lane, located between Jefferson Street and Southridge Drive, partially in Southridge Mall Subdivision. Keith DeVault, Director of Planning & Code Enforcement gave a brief presentation to explain the background of the request for street name change. The following persons spoke in favor of the street name change: Belinda Heimerichs, 455 Perry Drive, Holts Summit, Missouri, Executive Director of the Missouri Nurses Association headquartered on Bubba Lane. The following persons spoke in opposition of the street name change: Ted Stewart, 332 Fox Creek Road, gave his reason for naming the street Bubba REGULAR COUNCIL MEETING JULY 21, 1997 Lane at the time he developed the subdivision. There being no one else present who wished to speak in favor of, or opposition, to the street name change, President Pro Tempore Jackson declared the public hearing concluded. b: Street name change: IKON Drive, now west of the IKON building on West Edgewood to Mineral Wells, located in Section Two of the Diamonds Subdivision. Keith DeVault, Director of Planning & Code Enforcement gave a brief presentation to explain the background of the request for street name change. The following persons spoke in favor of the street name change: Jerry Green, 616 S. Eagle Trace, Jefferson City, Missouri, spoke in favor of the proposed street name change. There being no further persons present who wished to speak in favor of the proposed name change, and no persons present wishing to speak in opposition, President Pro Tempore Jackson declared the public hearing concluded. c: Zircon Drive, now east of the IKON building on West Edgewood to IKON Drive, located in Section Four of the Diamonds Subdivision. Keith DeVault, Director of Planning & Code Enforcement gave a brief presentation to explain the background of the request for street name change. No one present wished to speak in favor of, or opposition to, the proposed street name change. President Pro Tempore Jackson declared the public hearing concluded. PRESENTATIONS FROM THE GALLERY President Pro Tempore Jackson presented a special commemorative publication containing history of the Negro League Baseball organization to Mr. George Altman, who is considered to be a "Black Living Legend," and who is a former member of the Negro Leagues Baseball organization. Mr. Altman has resided in Jefferson City for the past several years. Following Councilman Jackson's presentation recognizing Mr. Altman's achievements, Mr. Altman accepted the award and made a brief presentation to the Council of some of the history of the League and his association with it. ITEMS TAKEN UP OUT OF ORDER - RESOLUTIONS Councilman Carolyn McDowell requested that the Council take up Resolutions out of order at this time to facilitate persons who were present at the meeting for that item on the agenda. There were no objections to the request. RS97 -10 Neighborhood Assistance Program (NAP) for MoCAMI (sponsored by Councilman Nilges). A motion was made by Councilman Larry Vincent for adoption of the Resolution, seconded by Councilman Rick Nilges and approved unanimously. RS97 -12 Authorizing Application for Section 5311 (Section 18) Operating Grant RS97 -13 REGULAR COUNCIL MEETING JULY 21, 1997 (sponsored by Councilman Haake). A motion was made by Councilman Carl Jaynes for adoption, seconded by Councilman Carolyn McDowell and approved unanimously. Neighborhood Assistance Program (NAP) for Capital City Boys and Girls Club (sponsored by Councilman Nilges). A motion was made by Councilman Carolyn McDowell for adoption, seconded by Councilman Rick Nilges and approved unanimously. CONSENT AGENDA The following items were present for approval on the Consent Agenda: a. Minutes of July 7, 1997, City Council Meeting A motion was made by Councilman Bill Byrd for approval of the Consent Agenda as presented, seconded by Councilman Larry Vincent, and approved unanimously. BIDS OVER $25,000 a. Bid 1696 - Chemicals, Public Words Dept. b. Bid 1706 - Electronic Parking Meters, Parking Division c. Proposal 16990 - Long Term Disability Insurance, Human Resources Dept. d. Renewal of Aviation Insurance, Human Resources Dept. Councilman Carolyn McDowell requested that Item (b) be removed for separate consideration. A motion was made by Councilman Larry Vincent to approve Items (a), (c) and (d), seconded by Councilman Bill Byrd and approved unanimously. Item (b): Following a lengthy discussion about the subject of parking meters, A motion was made by Councilman Larry Vincent to approve Item (b), seconded by Councilman Steve Nelson and approved by the following roll -call vote: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella and Vincent Nay: McDowell MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Jackson stated that the following minutes /reports have been received and are on file in the City Clerk's office: Transportation & Traffic Commission, 7/10/97; Financial Report for June 1997; Planning & Zoning Commission, 6/12/97; Finance Committee, 7/7/97; Housing Authority Board of REGULAR COUNCIL MEETING JULY 21, 1997 Commissioners, 5/22/97; Board of Adjustment, 6/10/97; Cable Quality Commission, 6/19/97 ANNOUNCEMENTS BY THE MAYOR President Pro Tempore Jackson announced the following: July Commercial Landscape Award - McDonald's Restaurant, Jefferson Street Location (Award mailed to recipient) July Residential Yard of the Month Award - Robert & Yvonne Angerer, 501 Norris Drive (Award mailed to recipients) MAYORAL APPOINTMENTS President Pro Tempore Jackson announced that the Mayor has requested approval of his appointment of Councilman Carl Jaynes to the Cable Quality Commission to replace outgoing Councilman Randy Kammerdiener. A motion was made by Councilman Larry Vincent to approve the appointment, seconded by Councilman Steve Nelson and approved unanimously. BILLS INTRODUCED Bill 97 -49, 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 97 -50, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE ALLEY RIGHT -OF -WAY FOR A PORTION OF DUNSCOMB'S SUBDIVISION IN THE CITY OF JEFFERSON. Bill 97 -51, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING AN ALLEY RIGHT -OF -WAY FOR A PORTION OF THE 900 BLOCK OF WASHINGTON STREET. REGULAR COUNCIL MEETING JULY 21, 1997 BILLS PENDING Bill 97 -36, 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 35 ACRES TO THE NORTHEAST OF AND BEHIND THE DWELLING ADDRESSED AS 2215 CHRISTY DRIVE FROM RS -2 SINGLE FAMILY RESIDENTIAL TO RA -2 MULTIPLE FAMILY RESIDENTIAL, C -O OFFICE COMMERCIAL AND M -1 LIGHT INDUSTRIAL. Councilman Jaynes requested that Bill 97 -36 be placed on the Informal Calendar at this time. Bill 97 -37, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING AND RESCINDING SECTION 1B OF ORDINANCE #11351 AND SECTION 1 OF ORDINANCE #12157 RELATING TO THE CHANGING, AMENDING AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, OF 2.0 ACRES (APPROXIMATELY) LOCATED 250 FEET NORTH OF MISSOURI BOULEVARD AND EAST OF AND ADJACENT TO THE NORTHERLY EXTENSION OF BLAIR DRIVE BY RESCINDING THE ZONING CLASSIFICATION OF PUD PLANNED UNIT DEVELOPMENT AND REINSTATEMENT OF THE ZONING CLASSIFICATION OF RA -2 MULTIPLE FAMILY RESIDENTIAL. Bill 97 -37 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12632: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 97 -39, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A 5309 CAPITAL ASSISTANCE GRANT FOR THE FUNDING OF FACILITY IMPROVEMENTS. Bill 97 -39 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12633: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None REGULAR COUNCIL MEETING JULY 21, 1997 Bill 97 -41, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MUNICIPAL PIPE TOOL FOR SEWER RELINING SERVICES. Bill 97 -41 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12634: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 97 -42, sponsored by Councilmen Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W ITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, THE MISSOURI TRANSPORTATION FINANCE CORPORATION, THE COUNTY OF COLE, AND THE HIGHWAY 179 TRANSPORTATION CORPORATION FOR ROUTE 179 EXTENSION PROJECT. Bill 97 -42 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12635: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 97 -44, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER TO PROVIDE EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES. Bill 97 -44 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12636: Aye: Nay: Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None Bill 97 -45, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH MICHAEL BYRNE D /B /A CREATIVE BUSINESS CONSULTANTS FOR PROFESSIONAL SERVICES TO DEVELOP SUPERVISORY TRAINING PROGRAM REGULAR COUNCIL MEETING JULY 21, 1997 MODULES. Bill 97 -45 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12637: Aye: Nay: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None Bill 97 -46, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Councilman Rick Nilges moved to amend Bill 97 -46 as reflected in the amendments sent to Council in the July 18 Council packets. The amendments are being made to show additions and deletions to the surplus property list at the request of staff. Motion to amend was seconded by Councilman Carl Jaynes and approved unanimously. Bill 97 -46 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12638: Aye: Nay: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None Bill 97 -47, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW ARTICLE XIII PERTAINING TO WILFUL CONCEALMENT OF UNPURCHASED MERCHANDISE. Bill 97 -47 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12639: Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent Nay: None Bill 97 -48, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE CITY ADMINISTRATOR AND THE DIRECTOR OF THE TRANSPORTATION DIVISION TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF SOCIAL SERVICES DIVISION OF MEDICAL SERVICES TO RECEIVE FUNDS FROM THE TITLE REGULAR COUNCIL MEETING JULY 21, 1997 XIX TRANSPORTATION OPERATING ASSISTANCE PROGRAM. Bill 97 -48 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12640: Aye: Nay: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella and Vincent None INFORMAL CALENDAR Bill 97 -30, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY ENACTING A NEW ARTICLE VIII, PROCEDURES FOR WRECKERS AND TOWING SERVICES PERMITTED FOR PLACEMENT ON CITY'S ROTATION LOG. Councilman Nilges requested that Bill 97 -30 be brought off the Informal Calendar for final passage. A motion was made by Councilman Rick Nilges to accept a substitute for Bill 97 -30 as provided to the Council previously, seconded by Councilman Steve Nelson and approved with Councilmen McDowell and Vincent voting "nay." Following a lengthy discussion of the Councilman Nilges requested that Bill 97 -30, as substituted, remain on the Informal Calendar. Bill 97 -32, sponsored by Councilman Kammerdiener, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO COMMUNICATIONS ANTENNAE AND SUPPORT STRUCTURES BY ENACTING A NEW ARTICLE X (TELECOMMUNICATIONS TOWERS) OF CHAPTER 35 OF THE CODE, RENUMBERING THE CURRENT ARTICLE X (ADMINISTRATION) AS ARTICLE XI (ADMINISTRATION), PERTAINING TO THE PLACEMENT OF COMMUNICATIONS ANTENNAE AND SUPPORT STRUCTURES WITHIN THE CITY LIMITS; BY ESTABLISHING OTHER SAFETY AND WELFARE PROVISIONS REGULATING COMMUNICATIONS ANTENNAE AND SUPPORT STRUCTURES; TO DEFINE ACTS CONSTITUTING A PUBLIC NUISANCE; AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS; AND RENUMBERING THE CURRENT ARTICLE XI (VIOLATIONS AND PENALTY) AS ARTICLE XII. Councilman Landwehr stated that he has consented to assume sponsorship of Bill 97 -32 in lieu of outgoing Councilman Kammerdiener. Councilman Landwehr requested that Bill 97 -32 remain on the Informal Calendar. Bill 97 -43, sponsored by Councilmen Byrd, Jackson, Landwehr and McDowell, entitled: REGULAR COUNCIL MEETING JULY 21, 1997 AN ORDINANCE OF THE CITY OF JEFFERSON, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING CHAPTER 35, THE ZONING CODE, BY ADDING A SECTION WHICH PERTAINS TO HISTORIC PRESERVATION. Councilman Bill Byrd requested that Bill 97 -43 remain on the Informal Calendar. NEW BUSINESS Councilman Carl Jaynes requested that in the upcoming budget process that Finance Department round off some of the figures to the nearest dollar to make the numbers easier to work with. Councilman Carolyn McDowell made comments regarding the conditions of the 500, 600, 700 and 800 blocks of High Street. Public Works Directory Marty Brose responded that those streets are scheduled to be improved this year. Councilman Carolyn McDowell made comments regarding photographs which had been submitted to the Parks and Recreation Department and asked to be given an update on those items in the photographs. Councilman Rick Nilges made comments regarding the method for determining priorities of half -cent sales tax items. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS Councilman Larry Vincent reminded Council Members of the annual Parks and Recreation barbeque and tour on August 6 at 5:30 PM. Councilman John Landwehr stated that he would not be able to attend the Historic Preservation Ordinance review workshop on July 29, and requested that the meeting be recorded by either audio tape or video tape so that he will not miss any of the discussion. Councilman Rick Nilges announced that the Central Missouri Food Bank kickoff is scheduled for August 5 and encouraged participation in the event. EXECUTIVE SESSION A motion was made by Councilman Steve Nelson to go into Executive Session for the purpose of discussing litigation, real estate, and personnel, seconded by Councilman Bill Byrd and approved by the following roll -call vote at 9:30 PM: REGULAR COUNCIL MEETING JULY 21, 1997 Aye: Byrd, Haake, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges, Stella, and Vincent Nay: None