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HomeMy Public PortalAbout19950710REGULAR COUNCIL MEETING JULY 10, 1995 1 CALL TO ORDER The Regular Council Meeting of July 10, 1995, was called to order at 7:30 P.M. with President Pro Tempore Bill Byrd presiding in the absence of Mayor Duane Schreimann. Prayer was offered by Rev. Mark Tyler, Quinn Chapel AME Church, followed by the pledge of allegiance. ROLL CALL The following Council Members were present for roll call: Present: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Absent: None A quorum was declared present. MAYOR'S VETO MESSAGE President Pro Tem Byrd read Mayor Schreimann's veto message on Bill 95 -6. Following the reading of the message, Councilman McDowell called for the question, seconded by Councilman Jackson. President Pro Tem Byrd then put the question to the Council, in accordance with Section 3.11(g) of the Charter of the City of Jefferson, "Shall the ordinance take effect despite the disapproval of the Mayor ?" Following discussion regarding the order of procedures in the call for the question, the call for the question was approved by the following roll -call vote: Aye: Bertel, Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell and Vincent Nay: Green and Nilges The veto was then overridden by the following roll -call vote: Aye: Bertel, Byrd, Haake, Jackson, Landwehr, McDowell and Vincent Nay: Green, Kammerdiener and Nilges Bill 95 -6 was declared in effect following the vote. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of June 19, 1995, Council Meeting b) Bid 1559 - Sign Materials, Public Works c) Bid 1560 - Truck & Trailer Parts Discount, Public Works d) Bid 1566 - VHF Repeater & Voting Receiver System, Police Department e) New World Systems Contract for Software Maintenance REGULAR COUNCIL MEETING JULY 10, 1995 2 f) Quit Claim Deed for Housing Authority Councilman Green moved that the Consent Agenda be approved as presented, motion was seconded by Councilman Bertel, and approved unanimously. MINUTES RECEIVED /FILED WITH THE CITY CLERK'S OFFICE President Pro Tem Byrd stated that the following minutes /reports have been received and are on file in the City Clerk's office: City Administrator Search Committee 6/12/95, 6/22/95, 6/24/95, 6/26/95, 6/27/95; Housing Authority Board of Commissioners, 5/30/95; Board of Adjustment, 5/9/95; Transportation & Traffic Commission, 6/8/95; Public Works & Planning Committee, 5/18/95; Planning & Zoning Commission, 5/11/95; MAYORAL APPOINTMENTS President Pro Tem Byrd presented the following appointments recommended by Mayor Schreimann to the Council for approval: Board Person Type Ward Term Term Parks and Recreation Homer Cavitte Regular 5 -98 Full Parks and Recreation Mark Towner Regular 5 -98 Full MRR Library Sharon Hanson Regular 3 -98 Partial Firefighters Retirement Susie Johanson Regular 8 -97 Partial Planning & Zoning John Parker Alternate 5 -99 Partial Trans & Traffic Mark Aulbur Regular 6 -98 Full TIF Ski Mariea Regular 4 -98 Partial TIF Louis Landwehr Regular 4 -98 Partial TIF Carl Vogel Regular 4 -99 Reappt TIF Kim Ferrier Regular 4 -99 Partial * Third term -- requires 2/3 vote of Council to approve Councilman Jackson moved that the appointments be approved, motion was seconded by Councilman Vincent, and approved unanimously. BILLS INTRODUCED Bill 95 -42, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRI -STAR COMMUNICATIONS FOR PURCHASE AND INSTALLATION OF VHF REPEATER /VOTING RECEIVER EQUIPMENT AT THE JEFFERSON CITY POLICE DEPARTMENT. REGULAR COUNCIL MEETING JULY 10, 1995 3 Bill 95 -43, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REAL ESTATE CONTRACT WITH LEON BECK AND CAROL A. BECK FOR ACQUISITION OF PROPERTY IN CONNECTION WITH THE EDGEWOOD DRIVE IMPROVEMENTS PROJECT. Councilman Haake requested that the rules be suspended and Bill 95 -43 placed on final passage. There were no objections to the request for suspension of the rules. Bill 95 -43 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance 12304: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None Bill 95 -44, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REAL ESTATE CONTRACT WITH HARRY F. LAUF AND JUNE L. LAUF FOR ACQUISITION OF PROPERTY IN CONNECTION WITH THE EDGEWOOD DRIVE IMPROVEMENTS PROJECT. Councilman Haake requested that the rules be suspended and Bill 95 -44 placed on final passage. There were no objections to the request for suspension of the rules. Bill 95 -43 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance 12305: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None Bill 95 -45, sponsored by Councilmen Jackson & Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY DELETING CHAPTER 2 (ADMINISTRATION), DIVISION 2 (PURCHASING DIVISION), AND ENACTING A NEW DIVISION 2 (PURCHASING DIVISION) IN LIEU THEREOF. Bill 95 -46, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF AN ALLEY IN WILDWOOD SUBDIVISION, SECTIONS 1 AND 2. REGULAR COUNCIL MEETING JULY 10, 1995 4 Bill 95 -47, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF AN ALLEY IN THE MARY H. BURCH SUBDIVISION. Bill 95 -48, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC., INC. FOR INSTALLATION OF A TEMPORARY TRAFFIC SIGNAL AT EAST MCCARTY AND EASTLAND DRIVE. Councilman Haake requested that the rules be suspended and Bill 95 -48 placed on final passage. There were no objections to the request for suspension of the rules. Bill 95 -43 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance 12306: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None Bill 95 -49, sponsored by Councilmen Vincent, Haake & Bertel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TRANSFERRING LAND AND ESTABLISHING PORTIONS OF NORTH JEFFERSON CITY AS PARK PROPERTY. BILLS PENDING 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 -32 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12307: Aye: Nay: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent None 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. REGULAR COUNCIL MEETING JULY 10, 1995 5 Bill 95 -33 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12308: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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. Councilman McDowell requested that Bill 95 -34 be placed on the Informal Calendar. 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 requested that Bill 95 -35 be placed on the Informal Calendar. 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 -36 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12309: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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. Councilman Green made the following motion, which he distributed to Council Members: Bill 95 -37 be amended by adding new Section 3, and renumbering subsequent sections accordingly. The new Section shall read as follows: Section 3: Ordinance 12256, Section 2, which was passed by Council on March 20, 1995, is hereby amended as follows: REGULAR COUNCIL MEETING JULY 10, 1995 6 Section 2. The amendment as set forth in Section 1 shall be submitted to the qualified voters of the City of Jefferson, Missouri, for their approval, at the first general election held within the City on or before April 2, 1990, November 7, 1995, at the places designated by the Election Authority for said election and the ballot shall be in substantially the following form: PROPOSITION A Shall the Charter of the City of Jefferson be amended by enacting a new Article XV prohibiting casino type gambling and riverboat gambling within the City of Jefferson, and prohibiting City officials and employees from receiving any payment, bonus, gift, or any form of compensation or consideration from a gaming company or its representatives, as provided in Ordinance No.12256passed and approved by the City Council on March 20, 1995? ( ] Yes ( ] No If you are in favor of the questions, place an "X" in the box opposite "Yes ". If you are opposed to the questions, place an 'X" in the box opposite "No ". Following a lengthy discussion, the motion to amend was defeated by the following roll -call vote: Aye: Bertel, Green, Kammerdiener and Nilges Nay: Byrd, Haake, Jackson, Landwehr, McDowell and Vincent Bill 95 -37 was then read third time by title, placed on final passage and defeated by the following vote: Aye: Nay: Bertel, Green, Kammerdiener, Nilges and Vincent Byrd, Haake, Jackson, Landwehr and McDowell 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. Bill 95 -39 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12310: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None REGULAR COUNCIL MEETING JULY 10, 1995 7 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 -40 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12311: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None 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. Bill 95 -41 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12312: Aye: Bertel, Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Nay: None INFORMAL CALENDAR 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 remain 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 remain on the Informal Calendar. RESOLUTIONS RS95 -8 - Section 18 Transit Operation Assistance for 1995 -96 (Bertel). Councilman Bertel moved that the Resolution be adopted, motion was seconded by Councilman Nilges, and approved unanimously. REGULAR COUNCIL MEETING JULY 10, 1995 8 RS95 -9 - Endorsing Convention Center Request for Proposal (Vincent). Councilman Vincent moved that the resolution be adopted, motion was seconded by Councilman McDowell, and approved unanimously. UNFINISHED BUSINESS Councilman Green stated that he would like to publicly thank the persons and organizations which helped organize and sponsor the 4th of July Celebration '95, and requested that City Clerk Phyllis Powell send letters of commendation to those parties on behalf of the Council. He stated that he felt the fireworks display was the best in the history of the event. NEW BUSINESS Annual Worker's Compensation Report. Councilman McDowell moved that the report be filed as presented, motion was seconded by Councilman Jackson, and approved unanimously. Sale of Surplus Property on Delaware Street. Councilman Green requested that the record reflect that he is neither participating in discussion nor voting on the issue due to the fact that he may have a conflict of interest. Councilman Nilges moved that the City sell the property by utilizing a bulletin board auction, that the auction shall be for a duration of three business days, and that the City specify bids must be for at least 80% of the property appraisal. Motion was seconded by Councilman Bertel. Following discussion, in which the Council was assured by Staff that the process would also include appropriate advertisement to make as many people as possible aware of the event and the City's specifications, the motion was approved by the following roll -call vote: Aye: Bertel, Byrd, Haake, Kammerdiener, Landwehr, Nilges and Vincent Nay: Jackson and McDowell Abstain: Green Approval of Ad Hoc Committee on Convention Center: The following persons were presented for approval: Councilman Larry Vincent, Chairman Councilman John Landwehr Gary Plummer Linda Hunter Greg Gafke Allen Garner Allen Pollock Bill Lockwood Councilman Jackson moved that the appointments be approved as presented, seconded by Councilman Bertel, and approved unanimously. APPROVAL OF EXECUTIVE SESSION MINUTES Executive Session Minutes of June 19, 1995: Councilman Bertel moved for approval, seconded by Councilman Vincent, and approved unanimously. REGULAR COUNCIL MEETING JULY 10, 1995 9 EXECUTIVE SESSION Councilman Jackson moved that the Council go into Executive Session after a brief recess for the purpose of discussing Real Estate, Litigation, and Personnel. Motion was seconded by Councilman Vincent, and approved by the following roll - call vote at 9:00 P.M.: Aye: Bertel, Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell and Nilges Nay: Green and Nilges