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HomeMy Public PortalAbout19931004 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 1 7 9 The Regular Council Meeting of October 4, 1993, was called to order at 7:30 P.M. with Prayer was offered by Councilman Byrd followed by the Pledge of Allegiance. The following Council Members were present: Present: Benton, Bernskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, Nilges Absent: Wrigley A quorum was declared present. PUBLIC HEARING: A public hearing was held for proposed amendments to Code, Chapter 8, Article V, ' Flood Hazard Regulations ( relates to Bill 93-90). Clyde Angle, 802 Southern Air, appeared before the Council in support of Bill 93-90. He requested that the Council delay action on the bill until: 1) the City can file of record all of the applicable flood plain maps that show areas affected by the 100 year and 500 year flood occurrences with the Cole County Recorder of Deeds Office; 2) the City can create a master file of known property owners in the 100 and 500 year flood plain and the City give public and written individual notice to those property owners; 3) the City can consider the feasibility of conducting a new flood insurance study since ten years have past since the last study. Mr. Angle encouraged the Council to require homeowners to certify that sufficient flood insurance has been obtained to cover the replacement value of the home. Rich McClure, 1028 Boonville Road, representing the River City Habitat for Humanity, appeared before the Council to offer the assistance of the River City Habitat for Humanity as a private ecumenical organization. Habitat builds homes for people that are in need, are working and have the ability to repay a no-interest loan and raises the money to provide these no-interest loans and works In partnership with potential families. Mr. McClure reported that the Habitat has met with the Housing Authority and City staff and propose a program to build homes on lots owned by the Housing Authority In the area of Colorado, Myrtle, Edmonds Streets. [Other representatives of Habitat in attendance were Tom Clark, Dave Eggen and Ron Medin.) A public hearing was held for the proposed rezoning of Inlot 912 from RA-2, Multi Family Residential to C-2, General Commercial (relates to Bill 93-102), No one r appeared in support or opposition to the proposed rezoning. • 1 8 0 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 A public hearing was held for the proposed rezoning of part of Lot 2 of Christy _,- ,: ;at:,falaliPlaza4romFM2,=Singlez-F lITResldential,-t©.C72,.General-Commerci ��. (r®latesyto Bili-93=104 "No-one appeared-in support or -opposition to the proposed trezoning. A public hearing was held for the proposed rezoning of part of the southwest fractional quarter of Section 9, Township 44 North, Range 11 West from RS-4, Single Family Residential, to PUD, Planned Unit Development (relates to Bill 93-104). No one appeared in support or opposition to the proposed rezoning. A public hearing was held for the Community Development Block Grant application (relates to RS93-20). No one appeared in support or opposition to the proposed application. PRESENTATIONS FROM THE GALLERY: Charles Lansford, LAGERS representative for City employees, appeared before the Council to request consideration for adding the "Plan of 80" option to the City's LAGERS plan. He submitted signatures of 205 employees in support of this request. Councilman Niiges requested that this Issue be added to the agenda for the Finance Committee meeting scheduled for October 12. Chris Burrows, 713 Cliff Street, appeared before the Council to speak in favor of Bill 93-64. He Indicated that he has difficulty getting in and out of their drives when cars are parked on both sides of the street. Dan Smith, 1911 Glenwood Drive, appeared before the Council to speak in opposition of Bill 93-64. Mr. Smith is employed at the State Information Center. Bob Shook, 2708 Wesley Street, appeared before the Council to speak in opposition of Bill 93-90. In addition, Mr. Shook asked if businesses would be required to comply with the flood plain regulations, City Administrator Dave Johnston responded that any construction, residential or commercial, will be required to comply with flood plain i. regulations. Mr. Shook asked about existing businesses, Mr. Johnston answered that existing businesses are grandfathered unless that property is in excess of 50% II destroyed or damaged, Ernest Gangwish, 721 Cliff Street, appeared before the Council to speak in favor of Bill 93-64. Mr. Gangwish commented that he could not get in and out of his driveway I with his fishing boat because of the cars parked on the street. 0 • • REGULAR COUNCIL MEETING, OCTOBER 4, 1993 8 Kenneth Campbell, 715 Cliff Street, appeared before the Council to speak in favor of vehicle can respond to an emergency In the neighborhood. Councilman Haake requested that Bill 93-64 be removed from the Informal Calendar and considered for approval. Councilman Haake moved to amend Bill 93-64 by way of a substitute bill which was distributed to Council members. Second by Councilman Bertel. The substitute bill was approved by an unanimous voice vote. Bill 93-64, as amended by way of substitute bill, was placed on final passage and passed by the following vote as Ordinance 11979: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes-Benward, Haake, and Halsey Nay: Green and Nilges CONSENT AGENDA: The Consent Agenda consisted of the following items: a) Council Minutes of September 20, 1993 b) Approval of the following bids: 1423 - Navy Brand Mfg. Co., St. Louis, Public Works ProChem Inc., St. Peters, Public Works 1427 - Capital Machine Co., Jefferson City, All City 1429 - Miller Tire Company, Mexico, MO, Public Works 1432 - Aplex, Inc., Linn, Public Works Mayor Gardner requested the minutes of September 20, 1993, be corrected to reflect Councilman Halsey was absent. Also, the paragraph under Special Presentations on page one should state, "On behalf of the Fire Pension Board, Mayor Gardner presented Willard Refine and Mrs. Michael O'Rourke with plaques and proclamations commending them for their service to the Fire Pension Board." Councilman Bertel moved for approval of the corrections to the minutes, second by Councilman Haake and approved. Councilman Haake moved for approval of the Consent Agenda, second by Councilman Bemskoetter and approved. MINUTES/REPORTS RECEIVED AND FILED: Mayor Gardner announced the following minutes/reports had been received and were on file in the office of the City Clerk. 1 82 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 Parks & Recreation Commission 7-12-93; Park Properties Committee 8-26-93; • • __..: ;, ��, ,, tI : Gommitt c-X31-93;=Electrtt1-Bid..9- 93 18- Fire-Personnel ..._._�-Board 8=31=93;Poi ci�e Personnel Bosh 9=2=93.- -"--"---_.___._ . . _ 3 BILLS INTRODUCED: BILL 93-101, sponsored by Councilman Bemskoetter, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE III OF CHAPTER 15 AS IT PERTAINS TO CLEAN AIR IN PUBLIC PLACES. BILL 93-102, sponsored by Councilman Green, 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 ALL OF INLOT 912 (712 THROUGH 722 I, JEFFERSON STREET) FROM RA-2, MULTI FAMILY, TO C-2, GENERAL COMMERCIAL. BILL 93-103, sponsored by Councilman Green, 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 A 14.94 ACRE PARCEL LOCATED NORTHEAST OF THE END OF VETERANS LANE AND IS PART OF LOT 2 OF ' CHRISTY COMMERCIAL PLAZA FROM RS-2, SINGLE FAMILY RESIDENTIAL, TO C- , 2, GENERAL COMMERCIAL. BILL 93-104, sponsored by Councilman Green, 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 A 2.28 ACRE TRACT ON THE NORTH SIDE OF RIVERSIDE DRIVE ADJACENT TO ELLIS PORTER PARK FROM RS-4, SINGLE FAMILY RESIDENTIAL, TO PUD, PLANNED UNIT DEVELOPMENT. 1f BILL 93-105, 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 THE 1993 MAJOR MAINTENANCE PROJECT, PHASE I. I BILL 93-106, sponsored by Councilman Nilges, entitled: i.` I I I; REGULAR COUNCIL MEETING, OCTOBER 4, 1993 1 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND-PERSONN - LAS IF • • lb ! 11E--CI FOR-THE PERIOD=OF NOVEMBER 1, 1993, TO OCTOBER 31, 1994, 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 93-107, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, MAINTAINING THE LEVY OF A GROSS RECEIPTS UTILITY TAX FOR THE CITY OF JEFFERSON, MISSOURI, AT ITS CURRENT RATE. BILL 93-108, sponsored by Councilmen Nilges and Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING FUNDS WITHIN THE WORKERS' COMPENSATION FUND. Bills 93-101 through 93-108 were read first time and second time by title and ordered distributed to members of the Council. BILLS PENDING: BILL 93-92, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Bill 93-92 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11970: Aye: Benton, Bernskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges Nay: None BILL 93-93, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE G (STOP INTERSECTIONS), SUBSECTION (B) (OTHER SPECIFIED INTERSECTIONS) OF SECTION 19-401 BY THE ADDITION OF DEL CERRO AT NELSON DRIVE. Bill 93-93 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11971: !' 1 8 4 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 eerskoet _ s-Benward Gr9eeaks,. E! atea NligSS__.__ Nay: None BILL 93-94, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE { OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE B (L, FT TURNS PROHIBITED), SUBSECTION (A), OF SECTION 19-401 BY THE i! ADDITION OF LEWIS AND CLARK DRIVE ONTO EASTLAND DRIVE. 1` Bill 93-94 was read third time by title, placed on final passage and passed by the I! following vote as Ordinance 11972: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey and Nit ►i Y es g Nay: None BILL 92-95, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE I OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE J, I (PARKINQ PRONEBJTED) SUBSECTION (A) (STREETS ANQ HIGHWAYS) OF SECTION 19-401 BY THE ADDITION OF A PORTION OF EASTLAND DRIVE. ii 1 Bill 93-95 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11973: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges Nay: None ( BILL 93-96, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE J, • (PARKING PR9HIBITED) SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19-401 BY THE ADDITION OF A PORTION OF ASHLEY STREET, ii Bill 93-96 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11974: :; �3 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 5 Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Nay: None BILL 93-97, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE J, (PARKING PROHIBITED) SUBSECTION (A) (STREETS AND HIGHWAYS) OF SECTION 19-401 BY REPLACING REFERENCES TO "EAST MIDDLE SCHOOL DRIVE"WITH "LEWIS AND CLARK DRIVE". Bill 93-97 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11975: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges Nay: None BILL 93-98, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE J, (PARKING PROHIBITED,) SUBSECTION (A) (IRE,E,TS AND HIGHWAYS) OF SECTION 19-401 BY THE ADDITION OF A PORTION OF LINDEN DRIVE. Bill 93-98 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11976: Aye: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges Nay: None BILL 93-99, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING TRAFFIC SCHEDULE J, (PARKING PROHIBITEQ) SUBSECTION (A) (STREETS AND HIGyI( AYS) OF SECTION 19-401 BY THE ADDITION OF A PORTION OF MONROE STREET. Bill 93-99 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11977: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges 1 8 6 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 BILL 93-100, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 2-29 OF CHAPTER 2, CITIZENS' PARTICIPATION, AS IT PERTAINS TO CITIZENS' PARTICIPATION DURING COUNCIL MEETINGS. Bill 93-100 was read third time by title, placed on final passage and passed by the following vote as Ordinance 11978: f! Aye: Benton, Bemskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges i Nay: None I INFORMAL CALENDAR: BILL 93-62, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE H (YIELD SIGNS,) OF SECTION 19-401 BY ADDING LOCATIONS IN NORTH JEFFERSON CITY. Councilman Haake requested Bill 93-62 remain and die on the Informal Calendar. Bill 93-62 dies on the Informal Calendar. BILL 93-63, sponsored by Councilman Haake, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SCHEDULE G (STOP JNTERSECTIONa) OF SECTION 10-401 BY ADDING INTERSECTIONS IN NORTH JEFFERSON CITY. Councilman Haake requested Bill 93-63 remain and die on the Informal Calendar. Bill 93-63 dies on the Informal Calendar, 0 :3 • REGULAR COUNCIL MEETING, OCTOBER 4, 1993 8 BILL 93-88, sponsored by Councilmen Green and Nilges, entitled: . . !;.L`„1„;...1., _ .! -TI4E- #-8F-JEFFE-SON.MISSOURI AP-P ROVING A:FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION PROGRAM. - - -_.---..------_- . Councilman Green requested that Bill 93-88 be removed from the Informal Calendar and considered for approval. Councilman Green moved to amend Bill 93-88 by way of a substitute bill which was distributed to Council members. Second by Councilman Nilges. After discussion, Councilman Halsey moved to table Bill 93-88 until a vote was taken on Bill 93-89. Councilman Bemskoetter seconded the motion; motion was accepted by the following roll-call vote: Aye: Benton, Bernskoetter, Bartel, Byrd, Estes-Benward, Green, Haake, Halsey and Nilges Nay: None BILL 93-89, sponsored by Councilman Green and Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION AND THE TRANSFER OF FUNDS WITHIN THE 1992-93 BUDGET FOR THE FLOOD PLAIN CLEARANCE AND HAZARD MITIGATION FUND. Councilman Green requested that Bill 93-89 be removed from the Informal Calendar and considered for approval. Bill 93-89 was read by title, placed on final passage and defeated by the following vote: Aye: Byrd, Estes-Benward, Green, Haake, and Nilges Nay: Benton, Bemskoetter, Bertel, and Halsey Councilman Green requested that Bill 93-88 be removed from the table. Councilmen Green and Nilges withdrew Bill 93-88 and the proposed amendment for Bill 93-88. BILL 93-90, sponsored by Councilman Green, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE V, FLOOD HAZARD REGULATIONS, OF CHAPTER 8, BUILDINGS AND BUILDING REGULATIONS. Councilman Green requested that Bill 93-90 be removed from the Informal Calendar and considered for approval. Councilman Green moved to amend Bill 93-90 by way of a substitute bill which was distributed to Council members. Second by Councilman Haake. The substitute bill was accepted by the following roll-call vote: , Aye: Benton, Bertel, Byrd, Green, Haake, Halsey, and Nilges Nay: Bemskoetter and Estes-Benward '. t j ! i 1'8 8 REGULAR COUNCIL MEETING, OCTOBER 4, 1993 • Bill 93-90 was read third time by title, placed on final passage and passed by the r_•ir T -fir r r- - .. ._._..._..__._......". Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and Nilges Nay: None RESOLUTIONS: Councilman Nilges withdrew Resolution RS93-20, Application for grant through the • Community Development Block Grant program. • Note: Resolution RS93-20 should be corrected as RS93-21. UNFINISHED BUSINESS: City Administrator Johnston reported that the Public Works Department is still investigating the request by the Bibleway Church of Our Lord Jesus Christ of the Apostolic Faith, Inc. to abate interest on Special Tax 801 14387 and requested that it be held over to the next meeting, NEW BUSINESS: Councilman Green moved that Finance Director Bette Wordelman serve as the employer representative to the 1993 LAGERS Annual Meeting, Second by Councilman Halsey and approved. CITIZEN PARTICIPATION - NON-AGENDA ITEMS i Bob Shook, 2708 Wesley Street, requested definitive answers on flood repairs. 11 Charles Bums, Cedar City, asked when the streets would be repaired so citizens can return to their homes, #; Jim Kolb, Executive Deputy Secretary of State, expressed his disappointment with the action taken on Bill 93-64 but stated he was even more disappointed in the fact that an employee of the Secretary of State's Office represented himself as a spokesman for the office. The employee was speaking as an individual and did not have authority to speak for the office. George Schupp, 2632 Lola, and also a property owner in North Jefferson City and former resident of Cedar City for some 25 years, expressed concerns about the );i I I 11 • REGULAR COUNCIL MEETING, OCTOBER 4, 1993 89 consolidation of Cedar City and Jefferson City. He urged the Council to reconsider the .A1:-1.:12171/11 .1 ll.i �' '14' %I{IL.'I It ... - - If Mayor Gardner commended the Council for considering the proposed buyout program which was designed to help the residents in North Jefferson City. As a result of the '. action taken, the City must proceed with the repairs to the infrastructure. She expressed disappointment that the Council rejected the plan. Councilman Halsey encouraged the City staff to develop a plan with various options for land use and with cost estimates for Council consideration, He offered to assist in the preparation of such a plan. Mayor Gardner thanked Councilman Halsey for his offer of assistance and stated that she would work with him to develop a plan for the October 18, 1993, meeting. Mayor Gardner reported that the City has received $31,640 in flood relief donations from area citizens as well as from across the state, country and Taito City, Japan. Flood expenses to date, excluding the cost of the sewer pipes under the river to the sewer plant, are $1,530,000. EXECUTIVE SESSION: Councilman Green moved for Council to go into Executive Session to discuss litigation and real estate matters, second by Councilman Bertel and approved by the following roll-call vote: Aye: Benton, Bemskoetter, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and Nilges Nay: None ADJOURN: There being no further business to come before the Council, meeting adjourned at approximately 10:25 p.m. fi FI t < I {� ttf 74 i1 ii