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HomeMy Public PortalAbout19951016REGULAR COUNCIL MEETING OCTOBER 16, 1995 CALL TO ORDER The Regular Council Meeting of October 16, 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: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Nilges and Vincent Absent: None A quorum was declared present. Mayor Schreimann announced that Boy Scout Troop 76 from Fatima /Westphalia and Helias Schools were present, and asked them to stand and be recognized. ELECTION OF SECOND WARD COUNCILMAN Councilman Haake nominated Laura Moeller for the position of second ward councilman, seconded by Councilman Jackson. There were no further nominations. The nomination was approved unanimously. Oath of office for Councilman elect Moeller was administered by City Clerk Phyllis Powell, after which Councilman Moeller assumed her seat on the Council. STATEMENT BY COUNCILMAN Councilman Jackson made a statement regarding recent publicity surrounding his comments on a Public Works Project performed by Ken Kauffman Excavating. Councilman Jackson explained that his comments were not intended to denigrate the Kauffman company, and that his research into the events pertaining to the bid and the project indicated that the procedures followed by both the City and Kauffman were beyond reproach. RESOLUTIONS Mayor Schreimann announced that if there were no objections from Council, he wished to take up Resolutions RS95 -19 and RS95 -20 out of order. There were no objections. REGULAR COUNCIL MEETING OCTOBER 16, 1995 RS95 -19 - Honoring Officer of Year on USS Jefferson City Submarine. Councilman Green moved for adoption, motion was seconded by Councilman Nilges, and approved unanimously. LTJG Mark Smith was present to accept the resolution. RS95 -20 - Honoring Sailor of the Year on USS Jefferson City Submarine. Councilman Green moved for adoption, motion was seconded by Councilman Vincent, and approved unanimously. Petty Officer Michael Campbell was present to accept the resolution. Councilman Byrd presented LTJG Smith and Petty Officer Campbell Resolutions awarded by the Missouri House of Representatives. Councilman Green presented LTJG Smith and Petty Officer Campbell Resolutions awarded by the Missouri Senate. Following these presentations, Mayor Schreimann asked Commander Smith to make a statement and to introduce each of the Navy personnel who were also present at the meeting. Following the introductions, Commander Smith presented plaques to Lewis & Clark Middle School Principal Dr. Bob Steffes; the Mayor and City Council to be placed on display at City Hall; and Gary Plummer from the Jefferson City Area Chamber of Commerce. Mayor Schreimann presented a Key to the City to Commander Smith. PUBLIC HEARINGS Rezoning - 7.0 acres between State Rt. "B" and Tanner Bridge Road from RS -2 to RD The following persons spoke in favor of the rezoning: Ron Kliethermes, surveyor for Allied Consultants. The following persons spoke in opposition to the rezoning: Sam Brizendine, 2003 Tanner Bridge Road, and Joanne Jaegers, 2021 Tanner Bridge Road. A discussion followed regarding the scheduling and procedures pertaining to notification, public hearings, and Planning & Zoning Commission meetings. Rezoning - Lot 219, Landwehr Hills Subdivision, Section Six, from RS -2 to RD - No one spoke in favor of or opposition to the proposed rezoning. PRESENTATIONS FROM THE GALLERY There were no presentations made from the gallery at this time. APPOINTMENT OF FINANCE DIRECTOR Mayor Schreimann announced that the Council had unanimously appointed Mr. Robert Kenney as City Finance Director in Executive Session immediately preceding the Council Meeting, and asked City Administrator Rich Mays to give a brief overview of Mr. Kenney's background and qualifications and to introduce him. Following Mr. Mays' comments, he introduced Mr. Robert ( "Bob ") Kenney and his wife Betty and welcomed them to the City. He stated that Mr. Kenney will probably assume his position with the City approximately December 1. REGULAR COUNCIL MEETING OCTOBER 16, 1995 CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of October 2, 1995, Council Meeting b) Bid 1595 - Repairs, Allison Transmissions, Public Works /Central Maintenance c) Bid 1596 - Moreau Drive Improvements, Public Works Dept. d) Extension of Agricultural Lease at Jefferson City Memorial Airport Councilman Green moved for approval of the Consent Agenda as presented, motion was seconded by Councilman Jackson, and approved unanimously. BIDS OVER $25,000 Bid 1427 (final renewal) - Metal & Machine Work, All City - Councilman Haake moved for approval, seconded by Councilman Jackson, and approved unanimously. Bid 1587 - Quint Aerial Ladder Truck, Fire Department - Councilman Jackson moved for approval, seconded by Councilman Green, and approved unanimously. Bid 1594 - Sodium Chloride, Public Works /Street - Councilman Haake moved for approval, seconded by Councilman Byrd, and approved unanimously. MINUTES /REPORTS RECEIVED AND 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: Parks & Recreation Commission, 9- 11 -95; Parks & Recreation Commission Long Range Planning Committee, 10 -2 -95; Parks & Recreation Commission Park Resources Committee 9- 26 -95; Financial Report for 9/95; Police Personnel Board, 10/5/95 ANNOUNCEMENTS BY THE MAYOR Mayor Schreimann presented a plaque containing a key to the City to former Councilman Mary Bertel for her years of service on the City Council. Ms. Bertel was present to accept the presentation. MAYORAL APPOINTMENTS Mayor Schreimann made the following recommendations for appointments to the Council: REGULAR COUNCIL MEETING OCTOBER 16, 1995 Board Person Type Ward Term Expires Term Status Environmental Quality Lisa DeBruyckere Regular 11 -2001 Full Environmental Quality Susanne Young Regular 11 -1999 Partial Environmental Quality Mary C. Wyatt Regular 11 -1997 Partial Environmental Quality Luana Gifford Regular 11 -2001 Full Housing Authority James P. Cox Regular 11 -1999 Reappt Board of Adjustment Russell Rottmann Alternate 9 -1996 Partial Library Board Arnold Parks Regular 3 -1997 Partial Councilman Jackson moved that the recommended appointments be approved, motion was seconded by Councilman Green, and approved unanimously. Councilman McDowell requested that the whole Council receive a list of the appointments prior to them going to the Appointments Review Committee. Councilman Landwehr also suggested that it would be helpful if Council could receive information regarding vacancies on Boards and Commissions as they occur. BILLS INTRODUCED Bill 95 -102, sponsored by Councilman Jackson, 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 7.0 ACRE TRACT, LOCATED BETWEEN STATE ROUTE "B" AND TANNER BRIDGE ROAD FROM RS -2 SINGLE - FAMILY RESIDENTIAL, TO RD TWO- FAMILY RESIDENTIAL. Bill 95 -103, sponsored by Councilman Jackson, 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 LOT 219, LANDWEHR HILLS SUBDIVISION, SECTION SIX, FROM RS -2, SINGLE - FAMILY RESIDENTIAL, TO RD, TWO- FAMILY RESIDENTIAL. Bill 95 -104, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR MOREAU DRIVE IMPROVEMENTS - LEE STREET TO LESLIE BOULEVARD. REGULAR COUNCIL MEETING OCTOBER 16, 1995 Councilman Haake requested that the rules be suspended and Bill 95 -104 placed on final passage; there were no objections to the request for suspension of the rules. Bill 95 -104 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance 12366: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -105, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI HIGHWAY & TRANSPORTATION DEPARTMENT FOR AMENDMENT TO THE AIRPORT BLOCK GRANT FOR AIRPORT RUNWAY LIGHTING PROJECT. Bill 95 -106, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SURFACE WATER DRAINAGE EASEMENT PURPOSES ON LOTS 57 AND 58 OF RE -PLAT OF PART OF LINCOLN SUBDIVISION. Bill 95 -107, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR UTILITY PURPOSES ON THE VACATED RIGHT -OF -WAY OF OLD NORTH TEN MILE DRIVE, LYING WESTERLY OF SCOTT STATION ROAD. Bill 95 -108, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. DAWSON MANAGEMENT, INC. FOR LEASE OF CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 95 -109, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DR. WES STRICKER FOR LEASE OF CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT. REGULAR COUNCIL MEETING OCTOBER 16, 1995 Bill 95 -110, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI REALTY FOR LEASE OF CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT. BILLS PENDING Bill 95 -89, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 1995, TO OCTOBER 31, 1996, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 95 -89 was read third time by title and placed on final passage. Councilman Nilges moved that Bill 95 -89 be amended as follows: The Personnel Schedule of Full time Positions in the Department of Parks and Recreation shall be amended as follows: (1) reduce the number of Horticulturist positions from two to one; (2) increase the number of Maintenance 111 positions from two to three; and (3) change the pay range of Horticulturist from 10 to 12. Motion to amend was seconded by Councilman Green, and approved unanimously. Councilman Nilges moved to further amend Bill 95 -89 as follows: The 6% of the Lodgings Tax which is currently set aside for administration of the Lodgings Tax (approximately $16,000) shall be placed in a reserve fund for use by the Convention and Visitor's Bureau. If the CVB needed to use some of the funds, however, they would have to approach the Council for prior approval. If it is not needed, it will return to General Fund. Motion to amend was seconded by Councilman Vincent, and approved unanimously. Councilman Nilges moved to further amend Bill 95 -89 as follows: Five thousand dollars ($5, 000) shall be added to the City Hall Art Fund as a reserve fund to be used to protect the City Hall artwork and enhance the display cases and the materials they contain. Motion to amend was seconded by Councilman McDowell, and approved unanimously. Bill 95 -89 was then passed, as amended, by the following vote as Ordinance 12354: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None REGULAR COUNCIL MEETING OCTOBER 16, 1995 Bill 95 -90, 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 JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT. Bill 95 -90 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12355: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -91, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF CECIL'S ADDITION, A MINOR SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -91 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12356: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -92, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF GORDON WOODS, A MINOR SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -92 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12357: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -93, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING SOUTHGATE SUBDIVISION, SECTION TWO, A REPLAT OF PART OF LOT 16, ALL OF LOTS 17 THRU 19, & ALL OF LOTS 23 THRU 28 OF SOUTHGATE SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON. REGULAR COUNCIL MEETING OCTOBER 16, 1995 Bill 95 -93 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12358: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -94, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING SOUTHGATE SUBDIVISION, SECTION THREE, A REPLAT OF PART OF LOTS 9 AND 10 OF SOUTHGATE SUBDIVISION AND ALSO ALL OF LOTS 12, 13, & 15, AND PART OF LOTS 14 & 16, OF SOUTHGATE SUBDIVISION SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -94 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12359: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -95, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STRUKEL ELECTRIC, INC. FOR AIRPORT RUNWAY LIGHTING PROJECT. Bill 95 -95 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12360: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -96, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FERRARA FIRE APPARATUS FOR REFURBISHMENT /REMOUNTING OF AERIAL TRUCK APPARATUS. Bill 95 -96 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12361: Aye: Nay: REGULAR COUNCIL MEETING OCTOBER 16, 1995 Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -97, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE IMPROVEMENT OF MOREAU DRIVE FROM LEE STREET TO LESLIE BOULEVARD BY CONSTRUCTING CURB AND GUTTER AND SIDEWALKS. Bill 95 -97 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12362: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -98, 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 MISSOURI HEALTH CARE NETWORK /ST. MARYS HEALTH CENTER LLC FOR PROFESSIONAL MEDICAL SERVICES. Bill 95 -98 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12363: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -99, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTIONS 7 -291 AND 7 -292 OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO THE USS JEFFERSON CITY SUBMARINE COMMITTEE. Bill 95 -99 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12364: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None REGULAR COUNCIL MEETING OCTOBER 16, 1995 Bill 95 -100, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON AN AMENDMENT TO SECTION 8.2 NOMINATIONS OF THE CHARTER TO PROVIDE FOR NON - PARTISAN ELECTIONS. Councilman Nilges stated that he wished to withdraw Bill 95 -100. Bill 95 -101, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON AN AMENDMENT TO THE CHARTER PROHIBITING CASINO AND RIVERBOAT GAMBLING IN THE CITY OF JEFFERSON AND PROHIBITING CITY OFFICIALS OR EMPLOYEES FROM RECEIVING ANY FORM OF COMPENSATION FROM A GAMING COMPANY OR ITS REPRESENTATIVES. Bill 95 -101 was read third time by title, and placed on final passage. Councilman Green moved to amend Bill 95 -101 by adding language to the proposition question as follows [added language indicated in bold]: PROPOSITION A Shall the City Charter of the City of Jefferson be amended by enacting a new subsection of Section 12.2 of Article XII as follows: Sec. 12.2. Prohibitions. (a) Activities Prohibited. 4. No official or employee of the city shall, directly or indirectly, receive any payment, bonus, gift, or any form of compensation or consideration or anything of value from a company engaged in the gambling or gaming business, any of its parents or subsidiaries, or its representatives, if the company is licensed, or is attempting to obtain a license, within the City. Following discussion, motion to amend was seconded by Councilman Vincent, and approved unanimously. Bill 95 -101 was then passed, as amended, by the following vote as Ordinance 12365: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None REGULAR COUNCIL MEETING OCTOBER 16, 1995 RESOLUTIONS RS95 -21, honoring a dignitary as requested by Lincoln University. Councilman Byrd moved for adoption of RS95 -21, motion was seconded by Councilman Jackson, and approved unanimously. COUNCIL LIAISON REPORTS Councilman Haake announced the October 19 Public Works & Planning Committee Meeting. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS A discussion was held regarding the appeal process for the appeal hearing on preliminary plan for Planned Unit Development in vicinity of Fairgrounds Road. Councilman McDowell moved that the appeal hearing should be held at the November 6 regular Council Meeting, motion was seconded by Councilman Green, and approved unanimously. The Council requested that they be given all pertinent information regarding this issue so they can familiarize themselves with the background prior to the hearing. Public Works Director Marty Brose stated his department is putting together a packet of information which will be delivered to the Mayor and Council within the next week or so. Councilman Green commended City Administrator Rich Mays on the department status reports which he has been sending to Council Members recently. He stated the reports are very informative and help Council keep abreast of activities involving the City. APPROVAL OF EXECUTIVE SESSION MINUTES Minutes of the following Executive Session meetings were presented for Council approval: a) Executive Session of September 18, 1995 b) Executive Session of October 2, 1995 c) Executive Session of October 11, 1995 Councilman Vincent moved that the Executive Session Minutes be approved as presented, motion was seconded by Councilman Kammerdiener, and approved unanimously. REGULAR COUNCIL MEETING OCTOBER 16, 1995 EXECUTIVE SESSION Councilman Jackson moved that the Council go into Executive Session following a brief recess for the purpose of discussing personnel, real estate, and litigation. Motion was seconded by Councilman Vincent, and approved by the following roll -call vote at 9:15 PM: Aye: Nay: Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller and Vincent Green and Nilges REGULAR COUNCIL MEETING OCTOBER 16, 1995 ACTIONS TAKEN IN PREVIOUS EXECUTIVE SESSION Meeting was called to order at 7:00 PM (prior to the City Council meeting) by Mayor Schreimann. The following Council Members and staff were present: PRESENT: Mayor Duane Schreimann Councilman Bill Byrd Councilman Jerry Green Councilman James Haake Councilman Charles Jackson Councilman Randy Kammerdiener Councilman John Landwehr Councilman Carolyn McDowell Councilman Rick Nilges Councilman Larry Vincent STAFF PRESENT: CityAdministrator Rich Mays; City Counselor Allen Garner; City Clerk Phyllis Powell. Motion was made by Councilman McDowell, seconded by Councilman Vincent, to go into Executive Session for the purpose of discussing personnel, and approved unanimously. REGULAR COUNCIL MEETING OCTOBER 16, 1995 Personnel REGULAR COUNCIL MEETING OCTOBER 16, 1995 REGULAR COUNCIL MEETING OCTOBER 16, 1995 Councilman McDowell moved for approval of City Administrator Rich Mays' recommendation of Mr. Robert Kenney as City Finance Director, motion was seconded by Councilman Jackson, and approved by unanimous roll -call vote.