HomeMy Public PortalAbout19950619REGULAR COUNCIL MEETING JUNE 19, 1995 1
CALL TO ORDER
The Regular Council Meeting of June 19, 1995, was called to order at 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: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Absent: Kammerdiener
A quorum was declared present.
PUBLIC HEARINGS
a) Rezoning 11.62 Acres at Southeast Corner of West Stadium Blvd. & West
Edgewood, from RS -2, Single Family Residential, to C -4, Planned Commercial.
No one present wished to speak in favor of, or opposition to, the proposed rezoning.
b) Request to change street name from Eagles Nest to Foxbar Terrace. No one
present wished to speak in favor of, or opposition to, the requested name change.
c) Request to change street name from Rip's Road to Mid - America Road. No one
present wished to speak in favor of, or opposition to, the requested name change.
PRESENTATIONS FROM THE GALLERY
Mr. Bo Price, 1901 Maplewood Court, representing ABB Company, spoke in favor of the
Army Corps of Engineers levee project in North Jefferson City.
Mr. Keith Hughes, 2900 Redbird Circle, representing LAGERS, explained the "80 and
Out" program currently being considered by the Council.
RESOLUTIONS
Mayor Schreimann requested that Council take up Resolution RS95 -7 at this time. There
were no objections to the request. RS95 -7, Supporting Corps of Engineers and Missouri
River Levee Unit System L -142, sponsored by Councilmen Bertel, Byrd, Green, Haake,
Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent. Councilman Green
moved that the resolution be adopted, motion was seconded by Councilman Byrd, and
approved unanimously.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
a) Minutes of June 5, 1995, Council Meeting
REGULAR COUNCIL MEETING JUNE 19, 1995 2
b) Minutes of June 12, 1995, Special Council Meeting
c) Bid 1477 (Renewal) Heating, A/C Refrigeration, Centech & Associates
d) Bid 1558 - Manhole Rings & Lids, Public Works Dept.
e) Bid 1561 - Edgewood Drive - Wildwood to Stadium Project - Public Works Dept.
f) Appointment
Councilman Carolyn McDowell - Missouri Rail Passenger Advisory Committee
Councilman Green moved that the Consent Agenda be approved, motion was seconded
by Councilman Jackson, and approved unanimously.
MINUTES RECEIVED /FILED WITH THE CITY CLERK'S OFFICE
Mayor Schreimann stated that the following minutes /reports have been received and are
on file in the City Clerk's office:
City Administrator Search Committee 6/2/95, 6/7/95, 6/8/95; Housing Authority Board of
Commissioners, 4/24/95; Finance Report & Budget Amendment Report for 5/95; Parks &
Recreation Commission, 5/24/95; Parks & Recreation Commission Long Range Planning
Committee, 6/6/95; Historic Preservation Commission, 2/28/95; Appointments Review
Committee, 6/5/95
MAYORAL APPOINTMENTS
Mayor Schreimann presented the following appointments to the Council for approval:
Board
Person
Type
Ward
Term
Term
Electrical Examiners
Doug Howerton
Regular
1 -97
Full
Electrical Examiners
Don Cobb
Regular
1 -96
" Reappt
Electrical Examiners
Dave Scott
Regular
1 -97
Full
Parks & Recreation
Rudy Veit
Regular
5 -98
Reappt
Industrial Development
Jim Jordan
Regular
5 -2000
Partial
Industrial Development
Bob Scrivner
Regular
5 -2000
Partial
Industrial Development
Larry Schepers
Regular
5 -2000
Partial
Cable Quality
Dave Griffith
Regular
6 -98
Reappt
Cable Quality
Doug Galloway
Regular
6 -98
Full
Cable Quality
Jim Bailey
Regular
6 -96
Partial
Cable Quality
Robert Robuck
Regular
6 -98
Reappt
Cable Quality
Dennis Weiser
Alternate
6 -97
Partial
MRR Library
Richard Popp
Regular
3 -98
Partial
Planning and Zoning
Karen Keeney
Regular
5 -99
Reappt
Planning and Zoning
Bob Pratt
Regular
5 -99
Full
Planning and Zoning
David Nunn
Regular
5 -99
Full
Trans and Traffic
Robert Dunn
Regular
6 -98
Reappt
Trans and Traffic
Dean Hollis
Regular
6 -98
Full
USSJC Submarine
Jim Strong
Regular
6 -98
Reappt
REGULAR COUNCIL MEETING JUNE 19, 1995 3
*Third Term -- requires 2/3 vote of Council to approve
Councilman Jackson moved that the appointments be approved, motion was seconded by
Councilman Bertel, and approved unanimously.
BILLS INTRODUCED
Bill 95 -32, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE INTERMUNICIPAL
AGREEMENT WITH THE CITY OF HOLTS SUMMIT FOR WASTEWATER COLLECTION
AND TREATMENT SERVICES.
Bill 95 -33, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
7 -291 (MEMBERS; TERMS; APPOINTMENT; OFFICERS) OF THE CODE OF THE CITY
OF JEFFERSON, MISSOURI, PERTAINING TO THE USS JEFFERSON CITY
SUBMARINE COMMITTEE.
Bill 95 -34, sponsored by Councilman McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, BY ADDING A SECTION REQUIRING DISABLED
PARKING ON PRIVATE PROPERTY.
Bill 95 -35, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTIONS 2 -46, 2 -47, 2 -56, 2 -80,
2 -82, 2 -84 and 2 -85, PERTAINING TO RULES.
Councilman Nilges offered and distributed a substitute Bill 95 -35 at introduction, and that
substitute was introduced in lieu of the bill distributed in the packets.
Bill 95 -36, sponsored by Councilman Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COLE COUNTY
SPECIAL SERVICES FOR A GRANT TO FUND TRANSPORTATION FOR THE
DEVELOPMENTALLY DISABLED.
Bill 95 -37, sponsored by Councilmen Nilges and Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION
UPON THE ISSUE OF ALLOWING LICENSING OF EXCURSION GAMBLING BOATS
AND FLOATING FACILITIES IN THE CITY.
Bill 95 -38, sponsored by Councilman Bertel, entitled:
REGULAR COUNCIL MEETING JUNE 19, 1995 4
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF EL MERCADO DEVELOPMENT, SECTION TWO, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Councilman Bertel offered and distributed a substitute Bill 95 -38 at introduction, and that
substitute was introduced in lieu of the bill distributed in the packets. Councilman Bertel
requested that the rules be suspended and Bill 95 -38 placed on final passage. There were
no objections to the request for suspension of the rules.
Bill 95 -38 was read second and third times by title, placed on final passage and passed
by the following vote as Ordinance 12303:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
Bill 95 -39, sponsored by Councilman Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE PLAT OF EL MERCADO DEVELOPMENT, SECTION THREE, A
SUBDIVISION OF THE CITY OF JEFFERSON.
Councilman Bertel offered and distributed a substitute Bill 95 -39 at introduction, and that
substitute was introduced in lieu of the bill distributed in the packets.
Bill 95 -40, sponsored by Councilmen Bertel, Byrd, Green, Haake, Jackson,
Kammerdiener, Landwehr, McDowell, Nilges & Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH THE
MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR NARCOTICS CONTROL
ASSISTANCE.
Bill 95 -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 TWEHOUS
EXCAVATING CO., INC. FOR EDGEWOOD DRIVE IMPROVEMENT PROJECT.
BILLS PENDING
Bill 95 -18, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
EASEMENT RIGHTS IN A PORTION OF AN EAST -WEST ALLEY EAST OF BOLIVAR
STREET BETWEEN WEST MAIN STREET AND WEST HIGH STREET.
Bill 95 -18 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12291:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
REGULAR COUNCIL MEETING JUNE 19, 1995 5
Nay: None
Bill 95 -19, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SURFACE WATER DRAINAGE PURPOSES.
Bill 95 -19 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12292:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
Bill 95 -21, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE
PROCESS FOR ISSUANCE OF ECONOMIC ASSISTANCE GRANTS.
Councilman Nilges requested that Bill 95 -21 be placed on the Informal Calendar.
Bill 95 -22, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
TO ENTER INTO A GRANT AGREEMENT WITH THE JEFFERSON CITY AREA
CHAMBER OF COMMERCE FOR FUNDING OF ECONOMIC DEVELOPMENT FROM
MODAG FUNDS.
Councilman Nilges requested that Bill 95 -22 be placed on the Informal Calendar.
Bill 95 -23, sponsored by Councilman Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 16,
(HUMAN RIGHTS), SECTION 16 -14, (DISCRIMINATION IN FINANCING), AND SECTION
16 -15 (REFUSAL TO ACCEPT AS MEMBER OF REAL ESTATE SALES ORGANI-
ZATION), OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF A
PORTION PERTAINING TO "HANDICAP" AND "FAMILIAL STATUS."
Bill 95 -23 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12293:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
Bill 95 -24, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MANAGEMENT
SERVICES, INC. FOR WORKERS' COMPENSATION ADMINISTRATION AND
REINSURANCE.
REGULAR COUNCIL MEETING JUNE 19, 1995 6
Bill 95 -24 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12294:
Aye:
Nay:
Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
None
Bill 95 -25, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MONTGOMERY -
KONE FOR ELEVATOR MAINTENANCE.
Bill 95 -25 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12295 :
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
Bill 95 -26, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SOMMERS FLOOR
COVERING FOR THE PURCHASE AND INSTALLATION OF CARPET IN CITY HALL.
Bill 95 -26 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12296:
Aye:
Nay:
Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
None
Bill 95 -28, sponsored by Councilman Bertel, 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 221 - 223 -225 BOLIVAR STREET FROM C -1,
NEIGHBORHOOD COMMERCIAL, TO PUD, PLANNED UNIT DEVELOPMENT.
Bill 95 -28 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12297:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
REGULAR COUNCIL MEETING JUNE 19, 1995 7
Bill 95 -29, sponsored by Councilman Bertel, 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 11.62 ACRES AT THE SOUTHEAST CORNER OF WEST
STADIUM AND WEST EDGEWOOD FROM RS -2, SINGLE FAMILY RESIDENTIAL, TO
C -4, PLANNED COMMERCIAL.
Bill 95 -29 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12298:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
Bill 95 -30, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
2 -307 OF THE CODE OF THE CITY OF JEFFERSON BY DELETING SUBPARAGRAPH
(E) THEREOF.
Bill 95 -30 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12299:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, Nilges and Vincent
Nay: McDowell
Bill 95 -31, sponsored by Councilmen Bertel and Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING REAL
PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND AUTHORIZING THE
MAYOR AND CLERK TO EXECUTE NECESSARY DOCUMENTS CONNECTED
THEREWITH.
Bill 95 -31 was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12300:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell, Nilges
and Vincent
Nay: None
INFORMAL CALENDAR
Bill 95 -4, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING
ASSIGNMENT OF RIVERFRONT DEVELOPMENT AGREEMENT TO AERIE
RIVERBOAT CASINOS OF MISSOURI, INC., AND AUTHORIZING AMENDMENT OF
RIVERFRONT DEVELOPMENT AGREEMENT.
Councilman Nilges requested that Bill 95 -4 remain on the Informal Calendar, where it dies.
REGULAR COUNCIL MEETING JUNE 19, 1995 8
Bill 95 -6, sponsored by Councilmen Nilges and McDowell, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELECTING THE "80 AND
OUT" RETIREMENT BENEFIT OPTION FOR ITS EMPLOYEES' BENEFIT PROGRAM
IN THE MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM.
Councilman Nilges stated he wished Bill 95 -6 remain on the Informal Calendar, and
Councilman McDowell requested that Bill 95 -6 be removed from the Informal Calendar for
final passage. Mayor Schreimann ruled from the Chair that a roll -call vote would be taken
on the question "Shall Bill 95 -6 be removed from the Informal Calendar for final passage
at this time ?" The question was approved by the following vote:
Aye: Bertel, Byrd, Haake, Jackson, Landwehr, McDowell and Vincent
Nay: Green and Nilges
Bill 95 -6 was placed on final passage. Following a lengthy discussion, Councilman
Jackson moved to call for the question, seconded by Councilman Vincent, and approved
unanimously. Bill 95 -6 was read third time by title and approved by the following vote as
Ordinance 12301:
Aye:
Nay:
Bertel, Byrd, Haake, Jackson, Landwehr, McDowell and Vincent
Green and Nilges
Bill 95 -16, sponsored by Councilman Vincent, Bertel, Byrd, Green, Haake, Jackson,
Kammerdiener, Landwehr, McDowell and Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING SECTION 2 -391. OF THE
CODE, TO REQUIRE PROFESSIONAL LIABILITY INSURANCE FOR ARCHITECTURAL
AND ENGINEERING FIRMS.
Councilman Byrd requested that Bill 95 -16 be removed from the Informal Calendar. Bill
95 -16 was read third time by title, placed on final passage and passed by the following vote
as Ordinance 12302:
Aye: Bertel, Byrd, Green, Haake, Jackson, Landwehr, McDowell and
Vincent
Nay: None
Absent: Nilges
UNFINISHED BUSINESS
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
Councilman Haake questioned Planning & Code Enforcement Director Keith DeVault
regarding a letter distributed to the Council from Ms. Barbara A. Winters, 528 East Main
Street, P.O. Box 215, Cambridge, WI 53523, regarding sewage drainage problems at 1204
East High Street. Mr. DeVault stated that Planning & Code Enforcement had been dealing
with this particular problem for several months now, that the letter received by Council from
REGULAR COUNCIL MEETING JUNE 19, 1995 9
Ms. Winters was not wholly accurate, and that Planning & Code had documented its
dealings on this issue if anyone would like to see the information.
APPROVAL OF EXECUTIVE SESSION MINUTES
Executive Session Minutes of June 5, 1995: Councilman Jackson moved for approval,
seconded by Councilman Bertel, and approved unanimously.
EXECUTIVE SESSION
Councilman Green moved that the Council go into Executive Session after a brief recess
for the purpose of discussing Real Estate, motion was seconded by Councilman Bertel,
and approved by the following roll -call vote at 8:45 P.M.:
Aye: Bertel, Byrd, Haake, Jackson, Kammerdiener, Landwehr, and McDowell
Nay: Nilges