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Home My Public Portal About19970106REGULAR COUNCIL MEETING JANUARY 6, 1997 CALL TO ORDER The Regular Council Meeting was called to order on January 6, 1997, 7:30 P.M. with Mayor Duane Schreimann presiding. Prayer was offered by Councilman Steve Nelson, 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 Mr. Robert Michael (Mike) Rackers, 8800 Scrivner Road, Russellville, MO, stated he had a presentation to make regarding Resolution RS96 -17, and requested to be able to make that presentation later in the meeting at the time the Resolution comes before the Council for a vote. There were no objections to Mr. Rackers' request. Mr. Fred Mackay, 1320 W. Main, made a presentation regarding Bill 96 -121, and stated his opposition to the City's placing a limitation on the number of pets a citizen is allowed to have in his or her home. In answer to Mr. Mackay's concerns, Councilman John Landwehr stated that he intends to place Bill 96 -121 on the Informal Calendar tonight and make some amendments to the bill which will hopefully be geared towards the mutual satisfaction of both the City and citizens such as Mr. Mackay. Mayor Duane Schreimann announced that a Boy Scout troop was present, and asked the troop leader, Mr. Steve Veile, to introduce the group. Mr. Veile stated the group was Troop 104, and that they were in attendance as a requirement to earn their Citizenship in the Community badge. CONSENT AGENDA The following items were brought before the Council on the Consent Agenda: a. Minutes of December 16, 1996, City Council Meeting b. Termination of Towing Contract Effective February 28, 1997 REGULAR COUNCIL MEETING JANUARY 6, 1997 Councilman Rick Nilges stated that a correction needed to be made to the minutes of the December 16 Council Minutes reflecting Councilman James Haake as sponsor of Bill 96- 113 rather than himself. A motion was made by Councilman Bill Byrd to approve the Consent Agenda with the amendment noted by Councilman Rick Nilges, seconded by Councilman Carl Jaynes and approved unanimously. BIDS OVER $25,000 Bid 1661 - Automobiles, Police Dept. A motion was made by Councilman Charles Jackson to approve Bid 1661, seconded by Councilman Rick Nilges 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: Housing Authority Board of Commissioners, 11/22/96; Firefighter's Retirement System, 10/18/96; Planning & Zoning Commission, 11/14/96; Transportation & Traffic Commission, 12/5/96; Board of Electrical Examiners & Review, 8/7/96 ANNOUNCEMENTS BY MAYOR There were no announcements by the Mayor at this time. BILLS INTRODUCED Bill 96 -127, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR AIRPORT RUNWAY LIGHTING PROJECT. Bill 96 -128, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL BANK FOR BANKING SERVICES. Bill 96 -129, sponsored by Councilman Jaynes, entitled: REGULAR COUNCIL MEETING JANUARY 6, 1997 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF THE DIAMONDS SUBDIVISION, SECTION FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 96 -130, sponsored by Councilman McDowell, entitled: AN ORDINANCE AMENDING CHAPTER 21 (NUISANCES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF A NEW ARTICLE VII PERTAINING TO THE PROHIBITION OF UNNECESSARY NOISE. Bill 96 -131, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON THE ISSUE OF LOCAL USE TAX AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON APRIL 1, 1997. Bill 96 -132, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 96 -133, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 12524, WHICH VACATED AND DISCONTINUED A THIRTY FOOT RIGHT -OF -WAY OF LEPAGE SCHOTT ROAD BETWEEN SKYVIEW DRIVE AND U.S. HIGHWAY 50 -63 BY CORRECTING AN ERROR IN THE LEGAL DESCRIPTION. BILLS PENDING Bill 96 -120, 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 PROPERTY AT 602 ELLIS BOULEVARD FROM RS -2 TO C -O. Bill 96 -120 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12563: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, REGULAR COUNCIL MEETING JANUARY 6, 1997 Nelson, Nilges and Vincent Nay: None Bill 96 -121, sponsored by Councilmen Landwehr and Byrd, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY ENACTING A NEW SECTION TO BE KNOWN AS SECTION 5 -24 RELATING TO THE NUMBER OF ANIMALS PERMITTED AT A RESIDENCE WITHIN THE CITY. Councilman John Landwehr requested that Bill 96 -121 be placed on the Informal Calendar. Bill 96 -122, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF A BUS. Bill 96 -122 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12564: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent Nay: None Bill 96 -123, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE A(D) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON A PORTION OF STADIUM BOULEVARD. Councilman Rick Nilges moved to accept a substitute to bill 96 -123, seconded by Councilman Carolyn McDowell. Following a lengthy discussion, Councilman Rick Nilges stated he wished to withdraw his motion to substitute, and Councilman Carolyn McDowell agreed to also withdraw her second. A lengthy discussion was held on Bill 96 -123 (as originally introduced). Councilman Rick Nilges moved to amend Bill 96 -123 by deleting "Stadium Boulevard West: between Hyde Park Road and Satinwood Drive" in Section 1 of the bill, causing the speed limit on that street to revert to thirty miles per hour. Motion to amend was seconded by Councilman Carolyn McDowell, and approved with Councilman Randy Kammerdienervoting "Nay." Bill 96 -123 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 12565: Aye: Byrd, Jackson, Landwehr, McDowell, Nelson, Nilges and Vincent REGULAR COUNCIL MEETING JANUARY 6, 1997 Nay: Haake, Jaynes, and Kammerdiener Bill 96 -124, sponsored by Councilman McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE J(A) OF THE CODE OF THE CITY OF JEFFERSON, BY THE REMOVAL OF PARKING ON A PORTION OF CEDAR RIDGE DRIVE. Bill 96 -124 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12566: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent Nay: None Bill 96 -125, 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 U.S. DEPARTMENT OF JUSTICE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT. Bill 96 -125 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12567: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson, Nilges and Vincent Nay: None Bill 96 -126, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TRANSFERRING LAND AND ESTABLISHING PORTIONS OF NORTH JEFFERSON CITY AS PARK PROPERTY. Bill 96 -126 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12568: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: Nelson RESOLUTIONS RS96 -17 - Protest to County Planning Committee, sponsored by Councilman Jaynes. Following a presentation by Mr. Robert Michael Rackers and comments by Mr. Larry Brickey, the Council held a lengthy discussion on this matter. Following the discussion, Councilman Carl Jaynes moved that RS96 -17 be referred to the Public Works Committee, REGULAR COUNCIL MEETING JANUARY 6, 1997 seconded by Councilman Bill Byrd. Following a lengthy discussion, Councilman Carl Jaynes amended his motion that the resolution be referred back to Staff with the directions to work with the staff of the County by communicating to them the City's concerns with this development, and that the staff put their recommendations in writing for the benefit of the developers, with Chris Yarnell also receiving a copy. Councilman Bill Byrd, as second to the original motion, agreed to the amendment to the motion. The motion was approved unanimously. INFORMAL CALENDAR Bill 96 -110, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE EXTENSION AND MODIFICATION OF THE 9 -1 -1 CONTRACT WITH COLE COUNTY. Councilman Rick Nilges requested that Bill 96 -110 remain on the Informal Calendar, where it dies. COUNCIL LIAISON REPORTS Councilman Larry Vincent stated that the date for the Solid Waste Committee meeting had been changed and that notices will be sent out. Councilman Rick Nilges reminded Council of the January 13 Finance Committee Meeting. Councilman John Landwehr stated that an Annexation Committee meeting will immediately precede the Finance Committee meeting on January 13. UNFINISHED BUSINESS Councilman Carolyn McDowell asked for the status of the information she had previously requested on the number of cigarettes sold in the City last year. Finance Director Robert Kenney made an oral report of his findings. NEW BUSINESS A request for a $1,000 contribution from Scenic Missouri for a public opinion poll on the regulation of billboard advertising has been received. Council consensus was that the City should follow established policy by not considering any requests by outside organizations for any kind of funding. EXECUTIVE SESSION REGULAR COUNCIL MEETING JANUARY 6, 1997 Councilman Charles Jackson 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 Bill Byrd, and approved by the following roll -call vote: Aye: Byrd, Haake, Jackson, Jaynes, Kammerdiener, Landwehr, McDowell, Nelson and Vincent Nay: Nilges