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HomeMy Public PortalAbout19960415 OLD COUNCILREGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) CALL TO ORDER The Regular Council Meeting of April 15, 1996, was called to order at 7:30 P.M. with Mayor Duane Schreimann presiding. Prayer was offered by Rev. Ken Harland, Capital West Christian Church, 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. Tom Wallace, Wastewater Division Director, made a presentation on the functions of his division, including the organizational structure and growth of operation in recent years. David Gale, 2220 Buerhle, proprietor of Classic Nursery, voiced his opinion regarding the proposal to relocate the compost site (Bill 95 -179). Mr. Gale favors awarding the contract to the Parks and Recreation Department for the reasons he discussed. Ted Stewart, 332 Fox Creek Road, proprietor of Hotel DeVille, 319 W. Miller, made a presentation regarding the sewer problems at his business. He stated he is dissatisfied with the City's recent decision(s) regarding the status of his complaint. CONSENT AGENDA The Consent Agenda consisted of the following items: a) Minutes of April 1, 1996, Council Meeting Councilman Byrd moved that the Consent Agenda be approved, motion was seconded by Councilman Green, 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: REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) Police Personnel Board, 2/2/96 & 3/7/96; Housing Authority Board, 2/16/96; Historic Preservation Commission, 2/27/96 & 3/26/96; Solid Waste Committee, 3/7/96; Parks & Recreation - Commission Meeting, 3/1//96, Resources Committee, 4/2/96, & At -Risk Youth Committee 3/21/96 ANNOUNCEMENTS BY THE MAYOR Mayor Schreimann presented the April Commercial Landscaping Award to Oak Tree Villa. Mr. Brad Baker was present to accept the award in person. BILLS PENDING Bill 95 -183, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING PROHIBITED), PERTAINING TO ADAMS STREET. Bill 95 -183 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12441: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -184, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE J, (PARKING PROHIBITED), BY THE ADDITION OF A PORTION OF SUN MEADOW LANE. Bill 95 -184 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12442: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) Bill 95 -185, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF WILDWOOD DRIVE. Bill 95 -185 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12443: Aye: Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Abstain: Green Bill 95 -186, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN FEDERALLY FUNDED PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 95 -186 was read third time by title and placed on final passage. Councilman Nilges moved to amend bill 95 -186 by deleting "Federally Funded" from the title of the bill, motion was seconded by Councilman McDowell, and approved unanimously. Bill 95 -186 was then passed, as amended, by the following vote as Ordinance 12444: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -188, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF MOSERS SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 95 -188 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12445: REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) Aye: Byrd, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Abstain: Green Bill 95 -189, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH BLACK AND VEATCH FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT. Bill 95 -189 was read third time by title and placed on final passage. Councilman Jackson stated that he feels the amounts which the City pays to consultants, specifically on this project, is higher than normal and should be considered more closely in the future. Following discussion, Bill 95 -189 was then passed by the following vote as Ordinance 12446: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -190, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1995 -96 ANNUAL BUDGET BY RE- APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND FOR VARIOUS DEPARTMENTS Bill 95 -190 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12447: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -191, sponsored by Councilman Moeller, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND ADOPTING A COMPREHENSIVE PLAN UPDATE. REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) Councilman Moeller requested that Bill 95 -191 be placed on the Informal Calendar, where it shall die, until the Council has had ample time to review the update more closely. Bill 95 -192, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 (SEWERS AND SEWAGE DISPOSAL), SECTION 29 -128 (BILLING AND COLLECTION PROCEDURES) OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF A NEW SUBSECTION PERTAINING TO THE PAYMENT OF WASTEWATER CHARGES UNDER DISPUTE. Bill 95 -192 was read third time by title and placed on final passage. Following a lengthy discussion, Councilman Nilges moved to amend Section 1 of Bill 95 -192 as follows: D. In the event either the occupant or owner of property which receives sewer service furnished by the City has reason to dispute the amount or nature of any bill, the recipient shall be permitted to make payment under protest, provided that the recipient of service provide to the city at the time of payment the following information: 1. The period of time for which the service is disputed 2. The reason for the dispute 3. The requested remedy Nothing contained herein shall in any way forgive or avoid any payment to the City as outlined in this chapter for sewer services. Upon receipt of any such payment under protest, the Department of Public Works shall respond in writing to the recipient of the service with a response to their complaint and a copy shall be forwarded to the city administrator, and the chairman of the Public Works Committee, the City Council, and a reply shall be forthcoming within a reasonable amount of time. Motion to amend was seconded by Councilman McDowell, and approved with Councilmen Jackson and Green voting "Nay." Bill 95 -192 was then passed, as amended, by the following vote as Ordinance 12448: Aye: Nay: Byrd, Haake, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Green and Jackson Bill 95 -193, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING POLICY ON THE RECOVERY OF TRAINING COST FOR NEW EMPLOYEES. Bill 95 -193 was read third time by title, placed on final passage and passed by the following vote as Ordinance 12449: REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) Aye: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent Nay: None Bill 95 -194, sponsored by Councilman Vincent, Haake, Jackson, Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH A. G. EDWARDS AND SONS, INC. FOR THE PROVISION OF INVESTMENT BANKING SERVICES AND LOBBYING SERVICES RELATED TO OBTAINING FUNDING FOR A CONVENTION CENTER. Bill 95 -194 was read third time by title and placed on final passage. Following discussion, Councilman Nilges moved to amend Section 1 of Bill 95 -194 as follows: Section 1: The Mayor and City Clerk are hereby authorized to enter into an agreement with A. G. Edwards and Sons, Inc. For the provision of investment banking services and lobbying services related to, but not limited to, obtaining funding for a convention center. Councilman Vincent seconded the motion to amend, and motion was approved. Bill 95 -194 was then passed, as amended, by the following vote as Ordinance 12450: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None INFORMAL CALENDAR 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. Councilman Moeller requested that Bill 94 -163 be removed from the Informal Calendar, and moved to amend Bill 95 -163 by adding the word "redesignation" in Section 1, and an amended location for a loading zone on Adams Street as it appears in bold print following the previously deleted portion of Adams Street. Section 1. Section 19 -401, Schedule S (Loading Zones), Subparagraph b (Passenger or special loading zones) of the Code of the City of Jefferson is hereby amended by the rem-oval redesignation of Adams Street as follows: REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) ]HUa111J 511 cV1 51411mg al a p071111 VV 1cc1 SOU L11 V1 Lllc 5011111 1.u1U llllc Vf Capi 1.1 AvcllUU, cA tc11u1111 J0utl1 a distalll.c Vf 40 fcct, f01 tllc pat kiug Vppf vc1 tit, 1VS tuwiug boats, plvvidcd, 111a1 pall0US V1 D avc'J at OG Tal,klc S11Up may pal k 111 Ju1..l1 6011c f1.11 fiftccll luiuutw V1 lUSS liclwccll 111c 11oUIJ Vf 7.00 A M 5 00 1 M ily. (015. NV. 12264, § 1, Adams Street: On the west side thereof, starting at a point 60 feet south of the south curb line of Capitol Avenue, extending south a distance of 40 feet. Motion to amend the bill was seconded by Councilman Jackson, and approved unanimously. Bill 95 -163 was then passed, as amended, by the following roll -call vote as Ordinance 12451: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None Bill 95 -179, sponsored by Councilmen Vincent, Moeller, McDowell, Kammerdiener, Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CITY OF JEFFERSON PARKS AND RECREATION COMMISSION FOR YARD WASTE DROP - OFF AND COMPOSTING SERVICES. Councilman Nilges requested that Bill 95 -179 be removed from the Informal Calendar. Councilman Vincent moved to approve a substitute bill naming Green Horizons Garden Center, Inc. as the contractor, and which was previously distributed to Council. Motion was seconded, and approved. Following a lengthy discussion, Substitute Bill 95 -179 was then placed on final passage and passed by the following vote as Ordinance 12452: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, McDowell, and Nilges Landwehr, Moeller and Vincent Bill 95 -182, sponsored by Councilmen Vincent, Moeller, McDowell, Kammerdiener, Landwehr, Nilges, Byrd, Green, Jackson, Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1995 -96 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND, THE PARKS FUND, AND THE REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) CAPITAL IMPROVEMENTS FUND AND AMENDING THE PERSONNEL SCHEDULE OF FULL TIME POSITIONS AS ENACTED BY ORDINANCE 12354, THE 1995 -96 BUDGET. Councilman Nilges requested that Bill 95 -182 be removed from the Informal Calendar, and moved to accept a substitute Bill 95 -182 which had previously been distributed to the Council. Motion to accept substitute bill was seconded by Councilman Byrd, and approved. Councilman Vincent then moved to amend Sections 2 and 3 of substitute Bill 95 -182 as follows: Section 2. There is hereby supplementally appropriated from the General Fund Balance to the Park Fund $28,000 $16,000 for an additional Parks Maintenance employees as indicated on Exhibit 1 attached hereto. Section 3. The Personnel Schedule of full time positions pertaining to the Parks and Recreation Department is hereby amended to increase the number of Maintenance Worker II positions Job Class 0041 from 6 to 7 and the nt�n�Ler of Maimenanee Worker I posi tion s Jab Class 0040 10 3 to 4. Motion also included making the necessary adjustments to Exhibit 1 to reflect the above changes. Motion to amend was seconded by Councilman Haake, and approved. Substitute Bill 95 -182 was then passed, as amended, by the following vote as Ordinance 12453: Aye: Nay: Byrd, Green, Haake, Jackson, Kammerdiener, Landwehr, McDowell, Moeller, Nilges and Vincent None COUNCIL LIAISON REPORTS Work Session: City Administrator Rich Mays announced that the Council wished to hold a Work Session on Wednesday, April 24 at 7:00 P.M. at which time the Council would elect a Finance Committee Chairman, Public Works Committee Chairman, and Solid Waste Committee Chairman, as well as discuss Convention Center issues. Sewer Problems: Councilman Jackson made comments regarding the City's obvious problems with its sewers, and suggested the Council begin addressing this issue from the onset of the new Council year, possibly as a sales tax improvement issue. UNFINISHED BUSINESS Councilman Nilges stated a recent article in the Jefferson City News Tribune regarding our City animal shelter should be noted by staff. He requested that Keith DeVault to investigate the situation. REGULAR COUNCIL MEETING APRIL 15, 1996 (OLD COUNCIL) NEW BUSINESS Councilman Nilges stated that at the last Planning & Zoning Commission meeting, he was concerned with the manner in which citizens were treated, and stated he would not vote on any new board or commission appointments or reappointments because of it. EXECUTIVE SESSION MINUTES Councilman Vincent moved, seconded by Councilman Jackson, to approve the Executive Session Minutes of April 1, 1996. Motion was approved unanimously. SPECIAL PRESENTATIONS Mayor Schreimann presented plaques containing keys to the City to outgoing Councilmen Moeller and Green and thanked them for their service to the City as members of the City Council. ADJOURN SINE DIE Councilman Byrd moved that the Council meeting be adjourned Sine Die, motion was seconded by Councilman Jackson, and approved unanimously at 9:15 P.M. ADMINISTRATION OF OATHS OF OFFICE Following adjournment Sine Die, Mayor Schreimann requested that Councilmen -elect Steve Nelson, Carl Jaynes, John Landwehr, Rick Nilges and Bill Byrd come forward for the administration of the Oaths of Office by the Honorable Judge Tom Sodergren. Following the administration of oaths of office, there was a brief recess before Council reconvened under the new Council.