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HomeMy Public PortalAbout19960909REGULAR COUNCIL MEETING SEPTEMBER 9, 1996 CALL TO ORDER - REGULAR COUNCIL MEETING The Regular Council Meeting was called to order on September 9, 1996, 7:30 P.M. with Mayor Duane Schreimann 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, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Absent: Nelson A quorum was declared present. SPECIAL PRESENTATIONS City Administrator Rich Mays introduced Mr. Gary Woodson, Fire Training Officer , who made a presentation regarding his division's activities and responsibilities within the scope of the City's government. CONSENT AGENDA a. Minutes of August 19, 1996, City Council Meeting b. Minutes of August 30, 1996, Special City Council Meeting c. Abate Special Tax Bills on E. Miller Street Properties d. Bid 1645 - Sweeper, Public Works, Parking Division e. Bid 1650 - Manhole Rings & Covers, Public Works, Collection Systems Maintenance Division Councilman Jaynes moved that Item (c) be removed from the Consent Agenda for separate consideration, and be referred to the Finance Committee for consideration. Motion was seconded by Councilman Bill Byrd and approved unanimously. Following questions by Councilman Charles Jackson regarding items (d) and (e), a motion was made by Councilman Nilges to approve items (a), (b), (d) and (e) of the Consent Agenda, seconded by Councilman Larry Vincent, and approved unanimously. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 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: Transportation & Traffic Commission, 8/8/96; Parks & Recreation Commission, 6/10/96; Housing Authority Board of Commissioners, 7/30/96; Finance Committee Meeting, 6/10/96 & 7/29/96 ANNOUNCEMENTS BY 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. ANNOUNCEMENTS BY THE MAYOR Mayor Duane Schreimann presented the 1997 budget to the Council for the consideration at the upcoming budget meetings. Mayor Duane Schreimann announced that he will be calling a Special Council Meeting in the near future to address the Task Force recommendations to the City. BILLS INTRODUCED Bill 96 -78, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE THIRTY -FOOT RIGHT -OF -WAY OF LEPAGE SCHOTT ROAD BETWEEN SKYVIEW DRIVE AND U.S. HIGHWAY 50 -63. Bill 96 -79, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHTS -OF -WAY FOR PORTIONS OF MILLBROOK DRIVE, WEATHERED ROCK DRIVE, STONE HILL ROAD AND A PORTION OF MILLBROOK SUBDIVISION. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Bill 96 -80, sponsored by Councilman Kammerdiener, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO TEMPORARY SIGNS BY REPEALING SECTION 3 -6 (TEMPORARY SIGNS) OF THE CODE AND ENACTING IN LIEU THEREOF A NEW SECTION 3 -6 PERTAINING TO THE SAME SUBJECT. BILLS PENDING 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. Bill 96 -69 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12514: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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 -70 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12515: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None Bill 96 -71, 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 3400 NORTH TEN MILE DRIVE. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Bill 96 -71 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12516: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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 -72 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12517: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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 -73 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12518: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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 -74 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12519: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Nay: Nilges and Vincent None Bill 96 -75, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF DIX ACRES, SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Carl Jaynes moved that Bill 96 -75 be amended according to the amendment which was distributed in the Council packets. Motion to amend was seconded by Councilman Charles Jackson and approved unanimously. Bill 96 -75 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12520: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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. Bill 96 -76 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12521: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None INFORMAL CALENDAR 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. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Bill 96 -66, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF SHREVES SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Carl Jaynes requested that Bill 96 -66 be removed from the Informal Calendar and placed on final passage. Councilman Carl Jaynes moved that Bill 96 -66 be amended according to the amendment which was distributed in the Council packets. Motion to amend was seconded by Councilman Charles Jackson and approved unanimously. Bill 96 -66 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12522: Aye: Nay: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent None Bill 96 -68, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF DEL CERRO SUBDIVISION, SECTION IV, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Carl Jaynes requested that Bill 96 -68 be removed from the Informal Calendar and placed on final passage. Councilman Carl Jaynes moved that Bill 96 -68 be amended according to the amendment which was distributed in the Council packets. Motion to amend was seconded by Councilman Charles Jackson and approved unanimously. Bill 96 -68 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12522: Aye: Nay: RESOLUTIONS Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent None There were no resolutions to come before the Council at this time. LIAISON REPORTS Councilman Rick Nilges announced that the Finance Committee will meet September 10 to discuss subcommittees, and City Administrator Rich Mays will discuss with the Council items in the budget as proposed by Mayor Duane Schreimann. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Councilman Larry Vincent announced that the Solid Waste Committee will meet September 17 to discuss recycling issues. UNFINISHED BUSINESS There was no Unfinished Business to come before the Council at this time. NEW BUSINESS Councilman Carl Jaynes stated he had received numerous calls from citizens complaining that ICI Cablevision had left cable lying on top of the ground for as long as several months at a time. He requested that this issue be referred to the Cable Quality Commission. Mayor Duane Schreimann requested that City Counselor Allen Garner explain the process by which citizens may make their complaints in order for them to receive the quickest attention. Councilman Charles Jackson stated he had received calls pertaining to the following: 1. business - regarding thefts and vandalism in the city 2. from citizens regarding home occupations, specifically dealing with the types of vehicles which seem to be making deliveries to these home occupations. Keith DeVault, Director of Planning & Code Enforcement, stated that his department would check into the instances to which Councilman Jackson referred. Councilman McDowell stated that the Council had received correspondence from City Counselor Allen Garner pertaining to signs on Southwest Boulevard. Based on Mr. Garner's findings, Councilman Carolyn McDowell moved that the Council accept recommended Alternative Number One, which reads as follows: Pass an ordinance which maintains the absolute prohibition on use of right of way for signs, but allow existing signs to remain for some amortization period with limitations on repair and replacement. This alternative would attempt to do justice in the face of reliance, however misplaced, sign owners may have had in representations from various city representatives. A carefully drafted ordinance would place a burden on sign owners to establish their right to remain and firmly establish guidelines for the maintenance and future removalofthesigns. This ordinance should clearly state that no compensation will be paid to sign owners for removal or damages should the City utilize its right of way in the future. If the Council chooses any alternative to the existing total ban, this is the alternative recommended by staff. Motion was seconded by Councilman Carl Jaynes, and approved unanimously. Councilman Carolyn McDowell moved that the City abate further enforcement action pending disposition of the ordinance which staff was directed to prepare in accordance with Alternative Number One just approved (above). Motion was seconded by Councilman Carl Jaynes, and approved unanimously. SPECIAL AND REGULAR COUNCIL MEETINGS SEPTEMBER 9, 1996 Councilman Bill Byrd asked Police Chief Tyler Brewer if the City still has foot patrols in the areas where the bicycle patrols now operate. Chief brewer responded that the City now uses a combination of both in all areas where only foot patrols were used previously. Councilman Rick Nilges requested that staff provide a status report pertaining to the storm drainage problem in the area of Sunset Court and Tharp Lumber Company. Public Works Directory Marty Brose responded that that the City has been working with Tharp's consultant to work out a solution. Even though it is a private problem, and not a City problem, the City is still working with the parties to help resolve the issue. A plan from the consultant is in the process of being developed. EXECUTIVE SESSION MINUTES Councilman Carl Jaynes moved that the Executive Session Minutes of August 19, 1996, be approved, motion was seconded by Councilman Charles Jackson, and approved unanimously. ADJOURNMENT There being no further business to come before the Council at this time, Councilman Haake moved that the Council go into Executive Session for the purpose of discussing litigation, real estate, and personnel, seconded by Councilman Kammerdiener, and approved unanimously at 8:15 P.M. by the following roll -call vote: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, and Vincent Nay: Nilges