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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