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