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HomeMy Public PortalAbout19960205REGULAR COUNCIL MEETING FEBRUARY 5, 1996 1 CALL TO ORDER The Regular Council Meeting of February 5, 1996, was called to order at 7:30 P.M. with President Pro Tempore Bill Byrd presiding. Prayer was offered by Rev. Dan Slater, 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, Moeller, Nilges and Vincent Absent: None A quorum was declared present. President Pro Tempore Byrd announced that Mayor Schreimann would be at the meeting, but would arrive later. President Pro Tempore Byrd welcomed First Baptist Church Boy Scout Troop 11 and their leaders Les Joyce and Wayne Medley. The troop is working on their Citizenship in the Community and Communications badges. PUBLIC HEARING A public hearing was held on the rezoning of an area of Wears Creek & Harrison Street, specifically, Inlots 544 and 545, and parts of Inlots 550 and 551, from PUD Planned Unit Development to C -3, Central Commercial. Planning and Code Enforcement Director Keith DeVault presented the background of the rezoning request as it has progressed through the City's rezoning process. The following persons spoke in favor of the rezoning: Mr. Allen Pollock, Executive Director of the Housing Authority, also gave details of the Housing Authority's background associated with the proposed rezoning and that the Authority has tentatively accepted a redevelopment proposal for a hotel development on the property. Mr. Richard Groner, 1301 High Street, the developer of the proposed development on the property. The following persons spoke in opposition to the rezoning: Mr. Ted Stewart, 332 Fox Creek Road, owner of the Hotel Deville, spoke in opposition to REGULAR COUNCIL MEETING FEBRUARY 5, 1996 2 the rezoning based on the history of sewer problems during flooding conditions in the area. He stated that building another hotel in the area before addressing the existing sewer situation would only exacerbate the problems. SPECIAL PRESENTATION Mr. Larry Bates, Street Division Director, made a presentation regarding the function of the City's Street Division, which included street striping, painting, mowing, snow plowing, street and curb repair. He stated that the Division's ten current snow plows are getting old and need to be replaced, and suggested Council might consider that in their 1996 -97 budget process. Following Mr. Bates' presentation, Councilman Jackson commended both City Administrator Rich Mays and Mr. Bates for the presentation, and encouraged further such presentations in the future. Mr. Melvin Meyers, 1004 Oak Street, made a presentation regarding the City's Planning and Zoning process. He stated that a group of businessmen were interested in opening a bar establishment in the City, and current restrictions within the Zoning code prohibited it, and requested Council's help. Following discussion by the Council and Planning and Code Enforcement Director Keith DeVault, it was explained to Mr. Meyers that the Council would be reluctant to change the whole zoning code for one individual request, and that City staff would direct Mr. Meyers to the proper board or commission to address his request. Mr. Neal Bisges, legal counsel for Sho -Me Coaches Bus Lines made a presentation to the Council regarding the status of Sho -Me Coaches' operation in the City. Following discussion of the City's participation in a "soft match" grant which would allow Sho -Me Coaches to remain in operation, Council requested that any action on the matter be tabled until later in the meeting when Allen Garner, City Counselor (who had temporarily left the Council chambers) could be present to advise Council on the matter. Mayor Schreimann stated the matter would be addressed under New Business later in the meeting. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of January 22, 1996, Council Meeting b) Utility Easement Councilman Nilges moved for approval of the consent agenda as presented, motion was seconded by Councilman Moeller, and approved unanimously. REGULAR COUNCIL MEETING FEBRUARY 5, 1996 3 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: Plumbing Board of Review & Examiners, 10/25/95; Historic Preservation Commission, 10/24/95 & 11/28/95; Police Personnel Board, 1/4/96; Police Department Annual Report for 1995; Parks & Recreation Minutes — Commission Meeting, 12/11/95, Recreation Activities Committee, 1/18/96 & 1/23/96, and Long Range Planning Committee, 1/16/96; MAYORAL APPOINTMENTS Mayor Schreimann made the following recommendation for appointment: Information Systems Supervisor, Police Department - Bradd Sutton Councilman Green moved that the appointment be approved as recommended, motion was seconded by Councilman McDowell, and approved unanimously. MAYOR' S ANNOUNCEMENTS President Pro Tempore Byrd announced that tomorrow, February 6, was primary election day in Ward 2 for City Councilman and reminded constituents of that ward to vote. At this point, President Pro Tempore Byrd turned the Chair over to Mayor Schreimann who arrived at 8:45 P.M. BILLS INTRODUCED Bill 95 -153, sponsored by Councilman Moeller, 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 IN THE AREA OF THE WEST EDGE OF WEARS CREEK AND PART OF HARRISON STREET IN THE CITY OF JEFFERSON FROM PUD PLANNED UNIT DEVELOPMENT TO C -3 CENTRAL COMMERCIAL. Councilman Moeller requested that Staff respond to Mr. Ted Stewart's statements earlier in the meeting regarding flooding sewer problems in the area of his business, the Hotel Deville. REGULAR COUNCIL MEETING FEBRUARY 5, 1996 4 Bill 95 -154, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY FOR THE DEMOLITION OF PROPERTY LOCATED AT 719 DIX ROAD. Bill 95 -155, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 29 -127 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO SEWERS AND SEWAGE DISPOSAL USAGE ADJUSTMENTS. Bill 95 -156, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF MALONE SUBDIVISION, A MINOR SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -157, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1995 -96 ANNUAL BUDGET BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND FOR THE POLICE DEPARTMENT Bill 95 -158, sponsored by Councilmen Landwehr & Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE 12365 AND AUTHORIZING A REFERENDUM ON AN AMENDMENT TO THE CHARTER PERTAINING TO THE PROHIBITION OF CERTAIN GAMBLING ACTIVITIES IN THE CITY OF JEFFERSON. Councilman Landwehr requested that the rules be suspended and Bill 95 -158 placed on final passage. He explained that the reason for the request is the deadline for placing issues on the ballot falls before the next Council meeting. Councilman Green objected to the suspension of the rules. Chair announced that since only one Council member objected, Bill 95 -158 would be read third time and placed on final passage. Following third reading, a lengthy discussion ensued, and Councilman Landwehr requested that the bill be temporarily tabled until City Counselor Allen Garner could be present to advise Council on any actions. Bill was tabled until later in the meeting. REGULAR COUNCIL MEETING FEBRUARY 5, 1996 5 Bill 95 -159, sponsored by Councilman Kammerdiener, entitled: AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF ADULT BUSINESSES AND ADULT ENTERTAINMENT BUSINESSES WITHIN THE CITY OF JEFFERSON; ESTABLISHING FEES; AND PROVIDING PENALTIES FOR VIOLATIONS. BILLS PENDING Bill 95 -150, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 95 -150 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12410: Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -151, sponsored by Councilmen Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 4- 9(B) OF THE PERSONNEL POLICY FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI, AS ENACTED BY ORDINANCE 12202. Bill 95 -151 was read third time by title and placed on final passage. Following a brief discussion, the bill passed by the following vote as Ordinance 12401: Aye: Nay: Green, Kammerdiener, Landwehr, Moeller, Nilges and Vincent Byrd, Haake, Jackson and McDowell Bill 95 -152, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON BY ALLOWING THE COLLECTION OF FEES FOR FILING VACATION ORDINANCES. Bill 95 -152 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12412: Aye: Nay: REGULAR COUNCIL MEETING FEBRUARY 5, 1996 6 Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None INFORMAL CALENDAR Bill 95 -143, sponsored by Councilmen Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY FOR THE DEMOLITION OF PROPERTY LOCATED AT 719 DIX ROAD. Councilman Haake requested that Bill 95 -143 be removed from the Informal Calendar and placed on final passage. Councilman Jackson made a visual presentation to the Council regarding the traffic patterns in the area of the proposed Dix Road connector, and stated that, in his opinion, even though there does seem to be a traffic problem there, the project as proposed is not the proper way to address it. Following a lengthy discussion, in which Councilman Vincent suggested a public forum should be considered on the matter, Bill 95- 143 was read third time by title, placed on final passage, and passed by the following vote as Ordinance No. 12413: Aye: Nay: Byrd, Green, Kammerdiener, Landwehr, Moeller, Nilges and Vincent Haake, Jackson, McDowell At this time, Councilman Landwehr requested that Bill 95 -158 be removed from the table and placed on final passage. Bill 95 -158, sponsored by Councilmen Landwehr & Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE 12365 AND AUTHORIZING A REFERENDUM ON AN AMENDMENT TO THE CHARTER PERTAINING TO THE PROHIBITION OF CERTAIN GAMBLING ACTIVITIES IN THE CITY OF JEFFERSON. Bill 95 -158 was then read second and third times by title, and placed on final passage. Following discussion by City Council Members and City Counselor Allen Garner, Councilman Landwehr moved that Section 3 of Bill 95 -158 be amended by replacing the proposed ballot language with new language to read as follows: REGULAR COUNCIL MEETING FEBRUARY 5, 1996 7 PROPOSITION A Shall the City Charter of the City of Jefferson be amended by enacting Section 15.2 of Article XV as follows: Sec. 15.2 Activities Outside Jurisdiction Not Prohibited. Nothing contained in Section 15.1 shall be construed to prohibit an official or employee of the city from engaging in lawful gaming activities at gaming facilities operating outside the jurisdiction of the City of Jefferson. ❑ Yes ❑ No Instructions to Voters: If you are in favor of the question, punch a hole in the box opposite "Yes ". If you are opposed to the question, punch a hole in the box opposite "No ". The motion also included that Section 2 of the ordinance would follow the language as set out in Section 3, and that Section 3 be further amended to correct the reference of "The amendment as set forth in Section 1..." to "The amendment as set forth in Section 2..." . The motion to amend was seconded by Councilman Jackson, and approved unanimously. Bill 95 -158 was then passed, as amended, by the following vote as Ordinance 12414: Aye: Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: Green COUNCIL LIAISON REPORTS Councilman Vincent reported on the status of the Convention Center Committee, and requested that the Council adopt a resolution which allows the Committee to reopen the search process to pursue further possibilities for bringing a Convention Center to the City. Following a lengthy discussion, Councilman Vincent moved that the resolution be adopted, motion was seconded by Councilman Byrd, and approved by the following roll -call vote: Aye: Byrd, Haake, Jackson, Kammerdiener, Landwehr, Moeller, Nilges and Vincent Nay: Green and McDowell Councilman Moeller made the following report on Planning & Zoning Commission activities: The Planning & Zoning Commission continues the review of the Comprehensive Plan. Copies have been sent as requested to the Board of Realtors and Central Missouri Building Industries Association. The Commission will hold a public hearing possibly March, 1996. The Commission adopts the plan and may recommend that the City Council adopt the Plan by resolution. REGULAR COUNCIL MEETING FEBRUARY 5, 1996 8 The Commission wishes to be as inclusive as possible in developing the document since it will serve as the blueprint for future zoning policy. Anyone interested in reviewing the draft should contact the planning staff at the Planning and Code Enforcement office. Councilman Green requested that a proclamation be drafted by staff to proclaim February 29, 1996, as USS Jefferson City Day in honor of the submarine's fourth anniversary. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS City Administrator Rich Mays introduced the City's new Police Chief, Tyler Brewer, and welcomed him to his first official Council Meeting. Mr. Mays also made announcement regarding current open positions for employment with the City. Councilman Green requested that Bill 95 -154 which was introduced previously in the meeting be withdrawn. Sho -Me Coaches - Following discussion, Councilman Haake moved that the Council accept the recommendations of Public Works Department, and also include upkeep and maintenance of the bus station facility as the responsibility of the bus company. Motion was seconded by Councilman Moeller, and approved with Councilman Green voting "Nay." EXECUTIVE SESSION MINUTES Executive Session Minutes of the January 22, 1996, Executive Session: Councilman McDowell moved that the minutes be approved with an amendment to include further details in the real estate discussion, motion was seconded by Councilman Byrd, and approved unanimously. EXECUTIVE SESSION Councilman Byrd moved that the Council go into Executive Session following a brief recess for the purpose of discussing real estate and litigation. Motion was seconded by Councilman Jackson, and approved by the following roll -call vote at 10:00 P.M. Aye: Nay: REGULAR COUNCIL MEETING FEBRUARY 5, 1996 9 Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller and Vincent Green and Nilges