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HomeMy Public PortalAbout19960219REGULAR COUNCIL MEETING FEBRUARY 19, 1996 1 CALL TO ORDER The Regular Council Meeting of February 19, 1996, was called to order at 7:30 P.M. with Mayor Duane Schreimann presiding. Prayer was offered by Councilman Jackson, followed by the pledge of allegiance. ROLL CALL The following Council Members were present for roll call: Present: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Absent: Haake A quorum was declared present. SPECIAL PRESENTATION Mr. Gary Buford, Animal Rescue Division Director, made a presentation regarding the function of the City's Animal Rescue Division, and introduced members of his staff who were present at the meeting. He gave a brief overview of programs such as the spay/ neuter program and adoption program. He also stated that the Animal Shelter gives tours regularly to civic groups such as Boy Scouts and Girl Scouts to teach proper animal care. Mr. Christian Peper, a representative of the Ramada Inn /Prost Group, introduced Mr. Marvin Proffer who made a presentation about methods for bringing a convention center to Jefferson City. Mr. Proffer suggested utilizing "stadium grant" funds from the State of Missouri, and encouraged the City to move quickly in order to acquire those funds before they became unavailable. Following Mr. Proffer's presentation, a discussion was held by Council regarding the convention center. Mr. Richard Groner, 1301 E. High Street, made a presentation regarding sewer levels during flooding in the downtown region of the City. He made a visual presentation of the flow of sewage by utilizing a model he had constructed for the purpose. His conclusion was that the current sewer problems during flooding would occur regardless of the location of any new developments in the City. Following Mr. Groner's presentation, a discussion was held by Council regarding existing sewer problems in the City. CONSENT AGENDA The Consent Agenda consisted of the following items: REGULAR COUNCIL MEETING FEBRUARY 19, 1996 2 a) Minutes of February 5, 1996, Council Meeting b) Amendment to Cemetery Maintenance Agreement - Fairview & Woodland Cemeteries c) Amendment to Cemetery Maintenance Agreement - Longview Cemetery d) Amendment to Plumbing Services Contract e) Amendment to Electric Motor Repair Service Agreement Councilman McDowell requested that items (b) and (c) be removed from the Consent Agenda for separate consideration. Councilman Byrd moved for approval of the consent agenda, with the exclusion of items (b) and (c) as requested, motion was seconded by Councilman Moeller, and approved unanimously. Items (b) and (c): Councilman McDowell discussed the condition of the cemeteries, specifically the chipped headstones. Following further discussion, Councilman McDowell moved to postpone approval of items (b) and (c), motion was seconded by Councilman Jackson, and approved unanimously. BIDS OVER $25,000 a) Bid 1602 - Hardware Supplies, All City. Councilman Green made comments regarding the bid, and stated that he was not in favor of approving it as it was presented. Councilman Vincent moved that Bid 1602 be approved as presented, motion was seconded by Councilman McDowell, and approved by voice vote with Councilmen Green and Nilges voting "Nay." 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: Board of Electrical Examiners 11/9/95 & 12/11/95; Public Works & Planning Committee, 1/25/96; Appointments Review Committee, 2/5/96; Planning & Zoning Commission, 1/11/96; Transportation & Traffic Commission, 2/8/96; Heinrichs Estate 1995 Annual Report; Airport Subcommittee, 2/1/96; Convention Center Committee, 2/5/96; Financial Report for 1/96; Solid Waste Committee, 1/4/96; Board of Adjustment, 1/9/96 MAYORAL APPOINTMENTS Mayor Schreimann made the following recommendation for appointment: Probationary Information Systems Supervisor, Police Department - Carol Jo Perry Councilman Green moved that the appointment be approved as recommended, motion REGULAR COUNCIL MEETING FEBRUARY 19, 1996 3 was seconded by Councilman Moeller, and approved unanimously. MAYOR' S ANNOUNCEMENTS Mayor's Council on Fitness: Mayor Schreimann announced that he had received correspondence from Governor Mel Carnahan requesting that the City establish a Mayor's Council on Fitness. Mayor Schreimann asked that Council Members recommend names of persons who might wish to serve in such a capacity. Sister Cities: Mayor Schreimann recommended that the City not reactivate its affiliation with the organization. Councilman Green moved that the Council accept Mayor Schreimann's recommendation, motion was seconded by Councilman Byrd, and approved unanimously. Appointments Process: Mayor Schreimann asked Council if they were satisfied with the appointments process for boards and commissions, to which Council indicated they were. Mayor Schreimann then stated that he would attempt to make sure that persons were not being appointed to more than one board or commission in the future, and encouraged the public to obtain Volunteer Profiles and fill them out so they can be considered for appointment. BILLS INTRODUCED Bill 95 -160, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A BUDGET REAPPROPRIATION AND REBUDGETING OF CARRY -OVER FUND BALANCES AT OCTOBER 31, 1995. Bill 95 -161, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -122 (WEIGHT LIMITS), PARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF VIETH DRIVE. Bill 95 -162, sponsored by Councilman Moeller, Green and McDowell, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE ZONING CODE OF THE CITY OF JEFFERSON CITY, PERTAINING TO BARS AND TAVERNS. REGULAR COUNCIL MEETING FEBRUARY 19, 1996 4 Bill 95 -163, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE S (LOADING ZONES), SUBPARAGRAPH B (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON BY THE REMOVAL OF ADAMS STREET. Bill 95 -164, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE J (PARKING PROHIBITED), OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF A PORTION OF DUNFORD STREET. Bill 95 -165, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WALKER AND ASSOCIATES FOR AERIAL PHOTOGRAPHY. Bill 95 -166, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A SECTION 18(1) GRANT AGREEMENT FOR PUBLIC TRANSPORTATION PROJECT. Bill 95 -167, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF WESTPOINT ESTATES, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -168, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF GOLDAMMER SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. BILLS PENDING 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 REGULAR COUNCIL MEETING FEBRUARY 19, 1996 5 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. Bill 95 -153 was read third time by title and placed on final passage. Following discussion, Councilman Moeller stated she wished to place the bill on the Informal Calendar. Following further discussion, Councilman Moeller stated that she would reverse her previous decision to place the bill on the Informal Calendar, and requested that the bill be placed on final passage for vote. Bill 95 -153 was passed by the following vote as Ordinance 12415: Aye: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, and Vincent Nay: Nilges 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 -155 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12416: Aye: Nay: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None 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 -156 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12417: Aye: Nay: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None REGULAR COUNCIL MEETING FEBRUARY 19, 1996 6 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 -157 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12418: Aye: Nay: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None 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. Bill 95 -159 was read third time by title and placed on final passage. Councilman Kammerdiener moved to amend Bill 95 -159 as follows: The removal of Section 2, Paragraph 3.(3) as follows: "Adult media outlet'- lrrbans art establish mien t tha ,uvula, all premises or outer use et any ad-uit me la. The following paragraphs will be renumbered accordingly. Motion to amend was seconded by Councilman Byrd, and approved unanimously. Following discussion, Councilman Green moved to further amend Bill 95 -159 as follows: Section 9, Paragraph A, Subparagraph 3, shall be amended to read 3. The applicant's premises is located within one hundred fifty feet (130) one thousand feet (1000) of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the residentially zoned property. Motion to amend was seconded by Councilman McDowell, and approved unanimously. Following discussion, Councilman Nilges moved to further amend Bill 95 -159 as follows: Section 14, Paragraph F, shall be amended to read F. The holderofa manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 9; Then a panel comprised of the Finance Director, Fire Chief and Director of Planning and Code Enforcement shall conduct a hearing to determine whether the license should be REGULAR COUNCIL MEETING FEBRUARY 19, 1996 7 suspended or revoked. Based on the evidence produced at the hearing, the (-finance Director panel may take any of the following actions: Motion to amend was seconded by Councilman Kammerdiener, and approved unanimously. Bill 95 -159 was then passed, as amended, by the following vote as Ordinance 12419: Aye: Nay: Byrd, Green, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None COUNCIL LIAISON REPORTS There were no Council liaison reports given at this time. UNFINISHED BUSINESS Convention Center: Mayor Schreimann suggested that the Council might wish to call a Council Work Session and invite the Convention Center Committee to attend and discuss the process in detail, as well as answer questions Council may have of the Committee. Councilman Byrd moved that the Council call a work session, motion was seconded by Councilman Moeller. Following discussion, Councilman Byrd withdrew his motion. Following further discussion, Councilman Green moved to call a Council work session for 7:30 P.M., Monday, February 26, and invite the Convention Center Committee to attend. Motion was seconded by Councilman Byrd, and approved unanimously. NEW BUSINESS Councilman McDowell stated that she would like to discuss at some time the promises the City made regarding past sales tax issues, specifically Adrian's Island. Mayor Schreimann requested that City Administrator Rich Mays report to Council on the status of Adrian's Island in the near future. EXECUTIVE SESSION MINUTES Executive Session Minutes of the February 5, 1996, Executive Session: Mayor Schreimann announced that the minutes of this executive session were not yet complete and would be presented for approval at the March 4 Council meeting. REGULAR COUNCIL MEETING FEBRUARY 19, 1996 8 ADJOURNMENT There being no further business to come before the Council at this time, Councilman Byrd moved that the Council adjourn, motion was seconded by Councilman Nilges, and approved unanimously at 10:05 P.M.