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