HomeMy Public PortalAbout19960819SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 1
CALL TO ORDER - SPECIAL COUNCIL MEETING
A Special Council Meeting was called to order on August 19, 1996, 7:15 P.M. with Mayor
Duane Schreimann presiding.
ROLL CALL
The following Council Members were present for roll call:
Present: Byrd, Jackson, Jaynes, Landwehr, McDowell, Nelson, Nilges and Vincent
Absent: * *Haake, *Kammerdiener
A quorum was declared present
*Councilman Kammerdiener arrived at 7 :20 PM
* *Councilman Haake arrived at 7 :28 PM.
Councilman Byrd indicated that he had a conflict of interest in the matters to come before
Council in upcoming Executive Session, and excused himself from the room at this time.
EXECUTIVE SESSION
Councilman Nelson moved that the Council go into Executive Session at this time for the
purpose of discussing litigation matters, motion was seconded by Councilman Vincent, and
approved by the following roll -call vote:
Aye: Jackson, Jaynes, Landwehr, McDowell, Nelson and Vincent
Nay: Nilges
Absent: Byrd, * Kammerdiener, and * *Haake
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 2
CALL TO ORDER - REGULAR COUNCIL MEETING
The Regular Council Meeting was called to order on August 19, 1996, 7:40 P.M. with Mayor
Duane Schreimann presiding.
Prayer was offered by Fr. Hugh Behan, 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.
SPECIAL PRESENTATIONS
Mayor Duane Schreimann announced that he had a special presentation to make to Mr. Bill
Case and Mr. Clyde Lear for their efforts in the recently approved half -cent sales tax ballot
issue. Mr. Case and Mr. Lear were present to accept keys to the City.
City Administrator Rich Mays introduced Mr. Jack Kramer, Engineering Division Supervisor,
who presented a "thumbnail sketch" regarding his division's activities and responsibilities
within the scope of the City's government.
CONSENT AGENDA
a. Minutes of August 5, 1996, City Council Meeting
b. Abate Special Tax Bills on E. Miller Street Properties
c. Change Order No. 1 - East Sewer Main Rehabilitation Project
Councilman McDowell requested that Item (b) be removed from the Consent Agenda for
separate consideration. A motion was made by Councilman Nilges to approve items (a) and
(c) of the Consent Agenda, seconded by Councilman Bill Byrd and approved unanimously.
Item (b): Councilman McDowell moved that item (b) be held over until the next meeting,
seconded by Councilman Charles Jackson and approved unanimously.
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 3
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:
Certification of August 5, 1996, Election Results; Mayor's Council on Physical Fitness,
8/7/96; Housing Authority Board of Commissioners, 6/19/96; Board of Electrical Examiners
& Review, 5/7/96; Board of Adjustment, 7/9196; Planning & Zoning Commission, 7/1 1/96
ANNOUNCEMENTS BY THE MAYOR
Mayor Duane Schreimann announced that the August Yard of the Month Award recipients
were Elmer & Lorene Goldammer, and that the award would be mailed to the recipients at
their request.
MAYORAL APPOINTMENTS
There were no Mayoral Appointments at this time to come before the Council.
BILLS INTRODUCED
Bill 96 -69, sponsored by Councilmen Byrd, Haake, Jackson, Jaynes, Kammerdiener,
Landwehr, McDowell, Nelson, Nilges and Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY
AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR
1997.
Councilman McDowell requested that a typographical error be corrected to reflect that the
date of the Primary Election will be February 4, 1996, rather than February 3, 1996.
Request so noted by Staff.
Bill 96 -70, sponsored by Councilman Councilmen Byrd, Haake, Jackson, Jaynes,
Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12
(ELECTIONS), SECTION 12 -9 (FILING DEADLINE, RECEIPT, VERIFICATION FOR
PRIMARY ELECTION AND UNOPPOSED CANDIDATES), SUBPARAGRAPH (A), OF THE
CODE OF THE CITY OF JEFFERSON PERTAINING TO CITY ELECTIONS.
Bill 96 -71, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 4
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON PROPERTY LOCATED
AT 3400 NORTH TEN MILE DRIVE.
Bill 96 -72, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A UTILITY EASEMENT TO UNION ELECTRIC
COMPANY FOR THE CAPITAL DISTRICT - REGIONAL WEST DOWNTOWN
UNDERGROUND PROJECT.
Bill 96 -73, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON PROPERTY LOCATED
AT 804 BOONVILLE ROAD.
Bill 96 -74, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE RETAINED EASEMENT RIGHTS IN AN ALLEY LOCATED NORTH
OF MISSOURI BOULEVARD BETWEEN CONRAD STREET AND BECK STREET.
Bill 96 -75, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FLAT OF DIX ACRES, SECTION THREE, A SUBDIVISION OF THE
CITY OF JEFFERSON.
Bill 96 -76, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT
OF ECONOMIC DEVELOPMENT FOR A HOUSING REHABILITATION GRANT IN PARK
PLACE.
BILLS PENDING
Bill 96 -54, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARCHITECTS
ALLIANCE, INC.
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 5
Bill 96 -54 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12500:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -55, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI HIGHWAY
& TRANSPORTATION COMMISSION FOR AN AIRPORT AID AGREEMENT AT THE
JEFFERSON CITY MEMORIAL AIRPORT.
Bill 96 -55 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12501:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -56, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING
PROHIBITED) SUBPARAGRAPH (A), (STREETS AND HIGHWAY), BY THE ADDITION
OF A PORTION OF CEDAR RIDGE DRIVE.
Bill 96 -56 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12502:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -57, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE H(A), (YIELD SIGNS),
BY THE ADDITION OF LISA DRIVE AT SARAH LANE.
Bill 96 -57 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12503:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 6
Nay: None
Bill 96 -58, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING
PROHIBITED) SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), BY AMENDING A
PORTION OF EDGEWOOD DRIVE.
Bill 96 -58 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12504:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -59, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE V, (HANDICAPPED
PARKING SPACES), BY THE ADDITION OF A PORTION OF ELIZABETH STREET.
Bill 96 -59 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12505:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -60, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING
PROHIBITED) SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), BY THE ADDITION
OF A PORTION OF MAJOR DRIVE.
Bill 96 -60 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12506:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -61, sponsored by Councilman McDowell, entitled:
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING
PROHIBITED) SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), BY THE ADDITION
OF A PORTION OF SCOTT STATION ROAD.
Bill 96 -61 was read third time by title, placed on final passage and passed by the
followingvote as Ordinance 12507:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -62, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE A, (SPEED LIMITS)
SUBPARAGRAPH (D), (FORTY MILES PER HOUR), BY THE DELETION OF A PORTION
OF SCOTT STATION ROAD.
Bill 96 -62 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12508:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -63, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE G, (STOP
INTERSECTIONS SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), BY
THE ADDITION OF THE INTERSECTIONS OF CAPISTRANO AND DEL MAR DRIVE
WITHTERRA BELLA DRIVE.
Bill 96 -63 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12509:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -64, 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 ONE ACRE OF LAND LOCATED AT 714 WILDWOOD
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 8
DRIVE, FROM RA -2 MULTIPLE FAMILY RESIDENTIAL, TO C -2 GENERAL
COMMERCIAL.
Bill 96 -64 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12510:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -65, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FLAT OF THE DIAMONDS SUBDIVISION, SECTION TWO, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Bill 96 -65 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12511:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
Bill 96 -66, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FLAT OF SHREVES SUBDIVISION, A SUBDIVISION OF THE CITY OF
JEFFERSON.
Councilman Jaynes requested that Bill 96 -66 be placed on the Informal Calendar due to the
fact that the City had only received plats today.
Bill 96 -67, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FLAT OF MONTICELLO ACRES SUBDIVISION, SECTION NINE, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Bill 96 -67 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12512:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
Nilges and Vincent
Nay: None
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 9
Bill 96 -68, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FLAT OF DEL CERRO SUBDIVISION, SECTION IV, A SUBDIVISION
OF THE CITY OF JEFFERSON.
Councilman Jaynes requested that Bill 96 -68 be placed on the Informal Calendar due to the
fact that the City had only received plats today.
INFORMAL CALENDAR
Bill 96 -44, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE
1995 -96 BUDGET FROM THE GENERAL FUND FOR THE COLE COUNTY
NUTRITIONAL CENTER.
Councilman Rick Nilges requested that Bill 96 -44 be withdrawn due to the fact that the City
could not be certain that all the funds, if approved, would be expended on residents of
Jefferson City.
Bill 96 -53, sponsored by Councilman Jaynes, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, CHAPTER 3, SECTION 3- 5.A(1) BY ADDING
AND DELETING CERTAIN PROVISIONS REGULATING OFF - PREMISES BILLBOARDS
ON FEDERAL AND STATE DESIGNATED ROUTES WITHIN THE CITY OF JEFFERSON,
MISSOURI AND ADDING A NEW ARTICLE ON THE SAME MATTER.
Councilman Jaynes requested that Bill 96 -53 remain on the Informal Calendar.
RESOLUTIONS
There were no resolutions to come before the Council at this time.
APPEALS
Appeal of PUD Decision - Councilman Bill Byrd requested that the record reflect he is
withdrawing himself from discussion or action on this issue at this time due to a conflict of
interest. Councilman Byrd vacated his Council seat during the entire proceedings. The
following persons made presentations at the appeal hearing:
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 10
1 City Counselor Alien Garner made a presentation explaining the background of the
issue and also explained the role of the Council as an appellate body at this hearing.
2. Mr. James Riner, 305 E. McCarty Street, attorney for Appellants, presented for the
record a certified copy of the City's ordinances pertaining to zoning; documentation
prepared by appellants entitled, "Appeal to City Council of City of Jefferson of Denial
by Planning and Zoning Commission of Preliminary PUD Site Plan for Construction
of 16 -Unit Residential Apartment Complex by Gordon Builders, Inc. at 1100 Block
of Fairgrounds Road." Following Mr. Riner's oral presentation, he posed questions
to Staff regarding any requirements of the City pertaining to this specific issue which
had not been met by Appellants. Staff replied no known requirements had not been
met by the Gordons.
3. Mr. Larry Brandhorst, 1111 Fairland Drive, spoke in opposition to the appeal. He
entered a letter written by him to the Gordons to which he stated he did not receive
a reply.
4. Mr. Bob Seller, 4023 Cambridge Circle, spoke in opposition to the appeal, and
requested that Mr. Brandhorst's letter to the Gordons previously referred to be
entered into the record in this appeal; so noted by Staff.
5. Ms. Marilyn Alston, 1109 Fairland Drive, spoke in opposition to the appeal.
Following the presentations, Mr. Riner made a final rebuttal statement. A lengthy discussion
followed by Council Members, after which the following motion was made by Councilman
Landwehr:
"I move that we remand the issue to Planning & Zoning with instructions to require
the Developer to include the entire tract, and that the Commission specifically
address the following factors in its decision as to the entire tract: The factors to be
considered are all of those which are required or permitted to be imposed as
conditions in the PUD Ordinances of the City."
Following further discussion, Councilman Vincent moved to call for the question, seconded
by Councilman Nelson, and motion failed by the following roll -call vote:
Aye: Jaynes, Nelson, Jackson, Vincent, Haake
Nay: Nilges, McDowell, Kammerdiener, Landwehr
Abstain: Byrd
Following further discussion, Councilman Landwehr's original motion was seconded by
Councilman Vincent, and approved by the following roll -call vote:
Aye: Haake, Jackson, Jaynes, Landwehr and Vincent
Nay: Kammerdiener, McDowell, Nelson and Nilges
Abstain: Byrd
Following approval of the motion, Councilman Jackson moved that the Council continue
with the meeting without a recess, motion was seconded by Councilman Kammerdiener,
and approved by voice vote with Councilman McDowell voting "Nay."
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 11
LIAISON REPORTS
Councilman Larry Vincent commented on the activities of the Parks and Recreation based
on their recent reports. He pointed out the high number of citizens who have utilized Parks
facilities in light of recent criticism of the Parks' share of the half -cent sales tax revenues.
Councilman Rick Nilges made comments regarding scheduling of upcoming Finance
Committee meetings based on the fact that Staff is nearing completion of their portion of
the budget process.
Councilman Carl Jaynes stated that he would like to have everything he needs for the
upcoming Planning & Zoning Commission meeting regarding the Gordon PUD appeal.
Councilman James Haake announced that the Public Works & Planning Committee meeting
was rescheduled forAugust29, which is one week later than usual, month to accommodate
other activities that Council wished to attend.
UNFINISHED BUSINESS
There was no Unfinished Business to come before the Council at this time.
NEW BUSINESS
Councilman Larry Vincent recognized, on behalf of the Solid Waste Committee, the
outstanding efforts the Missouri River Bluffs Audubon Society, KRCG -TV, and Laidlaw
Waste Systems, for their participation in the recycling educational program to the Jefferson
City Elementary Schools (both public and private) this year.
Councilman McDowell requested the status of the Stadium Blvd. project, to which
Engineering Division Supervisor Jack Kramer replied that they are running about one week
behind schedule.
Councilman McDowell requested that Staff look into the possibility of having a traffic control
at Fairground Road and Country Club Drive, and Stadium at W. Edgewood. She requested
those items be placed on the agenda for the Aug. 29 Public Works & Planning Committee
meeting.
Councilman McDowell requested that the problem of weeds at Highway 179 be relayed to
the Missouri Highway Department.
Councilman McDowell referred to apparent sign violations at 1001 Southwest Boulevard,
and requested that it be referred to the Public Works & Planning Committee so that it can
be shown why it was approved in the past, and why it is now in violation. She requested that
the City "cease and desist" until this particular instance can be considered by the
Committee.
SPECIAL AND REGULAR COUNCIL MEETINGS AUGUST 19, 1996 12
ADJOURNMENT
There being no further business to come before the Council at this time, Councilman Byrd
moved that the Council go into Executive Session for the purpose of discussing litigation,
real estate, and personnel, seconded by Councilman Charles Jackson, and approved
unanimously at 10:10 P.M. by the following roll -call vote:
Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson,
and Vincent
Nay: Nilges