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HomeMy Public PortalAbout20030505REGULAR COUNCIL MEETING MAY 5, 2003 CALL TO ORDER 1 The Regular Council Meeting of May 5, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry. The Pledge of Allegiance was led by the Great Rivers Council Boy Scouts of America, Cupbord Creek Encampment Honor Guard members: Life Scout Stephen Braddock Star Scout Andrew Swhwarzer Tenderfoot Logan Stockman Life Scout Brian Taylor Star Scout Brent Vogel Scoutmaster Jeff Stockman Assistant Scoutmaster Dave Talken ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel, and Weber Absent: None A quorum was declared present. ITEMS TAKEN UP OUT OF ORDER RS2003 -11 — Mayor John Landwehr stated that Councilman Olsen has requested that Resolution RS2003 -11 be taken up at this time since several Boy Scouts were present for this item. Following the reading of the resolution, a motion was made by Councilman Roy Viessman to adopt Resolution RS2003 -11, seconded by Councilman Cliff Olsen, and approved unanimously. REGULAR COUNCIL MEETING MAY 5, 2003 2 MAYOR'S VETO MESSAGE 2002 - 144 — Amending Code Pertaining to Personal Financial Disclosure, Passed as Ord. No. 13530 on April 21, 2003. Mayor John Landwehr stated that the veto was signed by Mayor Tom Rackers who was Mayor at the time the bill passed, and also signed by himself in concurrence. Mayor Landwehr requested that the Clerk enter the veto message distributed in the Council packets into the record, which reads as follows: Under the authority vested in this office as Mayor and under the Charter of the City of Jefferson, Missouri, 1 hereby exercise my veto power under Article 3, Section 3.11(g) and veto Bill 2002 -144 - Pertaining to Personal Financial Disclosure. As required by Charter, this message is being delivered to the Council prior to the commencement of the meeting on May 5, 2003. 1 hereby veto Bill 2002 -144 pertaining to Personal Financial Disclosure. At the time Bill 2002 -144 was passed, 1 was presiding officer and Mayor. Pursuant to the powers vested in me and my office, 1 hereby veto Bill 2002- 144 for the following reasons. The last amendment to the bill contains vague and undefined terms and prohibitions that prevent a reasonable person from determining the meaning and scope of this very critical legislation. Specifically, the term "money relationship" is not clear, and the scope of this undefined term extends not only to present relationships but also relationships far into the past, and to relationships that are not even personal to the office holder. For example, if an accountant's partner prepared a tax return ten years ago, the accountant may be disqualified. If Councilman Smith laid a brick on a construction project 15 years ago, he may be disqualified. If Councilman Groner's company leases property to the State of Missouri, he may not be able to vote on any matter involving the State of Missouri. None of these results is appropriate. The City Council has at various times during my administration experienced internal conflicts and disruption. This demeans our system of government and takes energy away from important matters. Bill 2002 -144 will be a continuing source of antagonism and disruption as Council members challenge each other with alleged conflicts, arguing again and again over how the language should be interpreted. Individuals might be tempted to file complaints at the State Ethics Commission, generating still more personal defenses and attacks. REGULAR COUNCIL MEETING MAY 5, 2003 3 1 also note that after months of discussion and debate, and extensive discussions within a committee formed for the task, the amendment was produced by way of a handwritten memo circulated literally minutes before the vote, thereby depriving the public, staff and other Council members of an opportunity to evaluate the proposal. 1 have asked Mayor Landwehr if he would be willing to sit down with members of the Council and craft clear language to accomplish the goal of the amendment, and the bill as a whole. He has indicated he would do so immediately if asked. In conclusion, neither the process by which the bill was passed, nor the final result is a benefit to the Council or the City as a whole. /ss/ Thomas P. Rackers Mayor 1, John Landwehr, newly elected Mayor of the City of Jefferson, do hereby concur with the above veto message. /ss/ John Landwehr Mayor Mayor John Landwehr then put the following question to the Council: "Shall the ordinance (or resolution, as the case may be) take effect despite the disapproval of the mayor ?" There were no motions made to override the veto. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. Housing Authority Board of Commissioners, March 20, 2003 b. Certification of April 8 Election Results to City Clerk by Callaway and Cole County Clerks c. CVB Minutes and Reports COUNCIL LIAISON REPORTS There were no liaison reports presented at this time. REGULAR COUNCIL MEETING MAY 5, 2003 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS 4 Mayor John Landwehr announced that $73,000 had recently been donated to the Jefferson City Animal Shelter by Nancy Hudson. Assistant to the Community Development Department Director Charles Lansford reported on the donation and commended the personnel of the animal shelter for their outstanding work and service to the community. Mayor John Landwehr asked Transportation Director Marty Brose to make an announcement about an upcoming event at the airport. Mr. Brose stated that the annual model airplane show ( "Remote Control Airplanes ") will be held at the Jefferson City Memorial Airport May 16 through 18, a three -day event this time instead of two. Mayor Landwehr announced that on Wednesday, May 7, the Historic Preservation Commission will host the 2003 Local Landmarks Ceremony in the City Council Chambers. Councilman David E. Smith reminded everyone in Jefferson City that the Fire Fighters' will sell their calendars for $10 each, and all proceeds will be donated to burn victims. Anyone who wants to purchase a calendar can contact any fire fighter. Councilman Clyde Angle stated he wanted to call Finance Committee meetings to be held Monday, May 12, and Tuesday, May 27, both at 5:30 PM at City Hall. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: Appointment of Ms. Amanda Jirak to the Jefferson City Police Department, as a Telecommunications Officer. A motion was made by Councilman Michael Berry for approval of the appointment, seconded by Councilman Cliff Olsen and approved unanimously. Environmental Services Committee: Councilmen Angle, Berry, Groner, Olsen, and Smith Appointments Review Committee: Councilmen Ferguson, Klindt, Viessman, Vogel, and Weber Council Liaison Appointments: Plumbing, Electrical Examiners Boards — Klindt CVB — Weber E911 — Viessman REGULAR COUNCIL MEETING MAY 5, 2003 5 Environmental Quality Commission & Historic Preservation Commission — Berry Industrial Authority and Tax Increment Finance — Groner Lewis & Clark Task Force — Olsen Parks & Recreation Commission — Vogel Transportation & Traffic Commission — Angle USS Jefferson City Submarine Committee — Viessman A motion was made by Councilman Michael Berry for approval of the appointments as recommended, seconded by Councilman Roy Viessman and approved unanimously. Mayor John Landwehr explained that he has been discussing an important committee with Councilman Kenneth Ferguson on which he would like for him to serve as the Council liaison. He stated he would be sharing that information and that appointment in the near future. Mayor John Landwehr asked Councilman Edith Vogel and Councilman Cliff Olsen to convene a meeting of each of the Appointment Review Committee and Environmental Services Committees for the purpose of electing a chairman. Councilman Edith Vogel stated that she would call a meeting for 5:15 PM on May 19. Councilman Cliff Olsen stated he will meet with Charles Lansford to set up a date for the Environmental Services Committee meeting. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Dean Martin and Ms. Christina Luebbert made a Power Point report regarding the Storm Water Advisory Committee. Following the report, they took questions from Council Members, and stated there will be a meeting in June to present the final preliminary study. Following that meeting it may become necessary to form the committee again to discuss the details as they come in. Mr. Shawn Ordway, Cole County Assessor, made a lengthy presentation regarding the recent property tax reassessment in Cole County. Following his presentation, he answered questions by Council members. He encouraged citizens who do not agree with the current method of reassessment to contact their state legislators regarding H.B.517 to voice their opinions. He also stated that citizens who wish to protestor appeal their assessment should contact the Cole County Clerk by June 17. Councilman Clyde Angle stated that Mr. Ordway has agreed to attend the May 12 Finance Committee Meeting to make a power point presentation to give the Council more information on this issue. REGULAR COUNCIL MEETING MAY 5, 2003 PRESENTATIONS FROM THE GALLERY 6 Mr. Michael Leonardo, Westphalia, Missouri, made a presentation regarding the issue of tattooing in Jefferson City. He would like the Council to reconsider the City's current prohibition of tattooing and stated that he believes tattooing would be a source of revenue for the city, and his estimate of business peryearwas $300,000. Councilman Weber asked if Mr. Leonardo would collect sales tax on that revenue, to which Mr. Leonardo stated that tattooing is considered a "service" which is not taxable, but that he would be paying income taxes on the revenue. Several other Council Members asked questions of Mr. Leonardo following his presentation. Ms. Donna Deetz, a member of the Multi- Cultural Forum, Jefferson City, made a presentation in favor of Bill 2003 -15 which would re- establish a Commission on Human Relations. She served on the task force which for about six months studied the issue of re- establishing the commission. Ms. Patricia ( "Pat ") Buehler, 514 Belair, a member of the Citizens United for Racial Equity (C.U.R.E.) also spoke in favor of re- establishing the Commission on Human Relations. She cited two personal examples of what she believed were incidents of discrimination some years ago, one in Jefferson City, and another in the state of New Jersey. Rev. Alan Joplin, 2535 Lexington Drive, made a presentation in the form of a prepared statement which he read, stating the need for a Commission on Human Relations. Dr. Arnold Parks, 1817 Chelle Court, professor of sociology at Lincoln University, also spoke in favor of the re- establishment of a Commission on Human Relations. He stated that a survey of 407 persons conducted by Lincoln University indicated that 87% of those polled felt that Jefferson City needed its own Commission on Human Relations. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of April 21, 2003, City Council Work Session b. Minutes of April 21, 2003, City Council Meetings c. Permissive use of right -of -way at 900 and 902 East High for Juanita Donehue d. Permissive use of right -of -way at Broadway and West Main for St. Peters Church e. Renewal of Contract with U.S. Bancorp Piper Jaffray for Financial Advisor Services REGULAR COUNCIL MEETING MAY 5, 2003 7 Councilman Michael Berry stated he will recuse himself from discussion or voting on item (e) due to a conflict of interest. Councilman Cliff Olsen moved to approve items (a) through (d) of the Consent Agenda as presented, seconded by Councilman Clyde Angle and approved unanimously. Item (e) — Councilman Cliff Olsen moved to approve item (e) as presented, seconded by Councilman Clyde Angle and approved with Councilman Michael Berry abstaining. BIDS OVER $25,000 Bid 2064 — Combination Sewer Cleaner with Hydro Excavator, Community Development Department. Councilman Bob Weber made a motion for approval, seconded by Councilman Dan Klindt and approved unanimously. BILLS INTRODUCED Bill 2003 -10, sponsored by Councilmen Vogel and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, LEVYING AND ASSESSING A SPECIAL TAX BILL AGAINST THE LOTS AND TRACTS OF LAND FRONTING AND ABUTTING 100, 200, 300 BLOCKS OF E. HIGH & 200 BLOCK OF MADISON STREET IN THE CITY OF JEFFERSON, MISSOURI, FOR THE IMPROVEMENT OF SAID SIDEWALK. Mayor John Landwehr explained that the special tax bill was a method for the property owners who were part of the central business district sidewalk project to reimburse the city for their share of the costs. Councilman Groner asked Associate City Counselor Michelle Coleman if this tax bill was being handled in the same way as all other tax bills in the past for similar capital improvements projects. Ms. Coleman stated she would get the answer for Councilman Groner and provide that information to him before the next meeting. Bill 2003 -11, sponsored by Councilmen Smith and Klindt, 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 1.02 ACRES LOCATED AT 2017 WILLIAM STREET, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI FROM C -2, GENERAL COMMERCIAL TO RA -2, MULTIPLE FAMILY RESIDENTIAL; AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH REGULAR COUNCIL MEETING MAY 5, 2003 8 CHANGE. Bill 2003 -12, sponsored by Councilman Smith, 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 3.08 ACRES FROM RC CONSERVATION TO RA -2 MULTIPLE FAMILY RESIDENTIAL; AND 15.65 ACRES FROM M -1 LIGHT INDUSTRIAL TO RA -2 MULTIPLE FAMILY RESIDENTIAL; AND 12.79 ACRES FROM M -1 LIGHT INDUSTRIAL TO C -2 GENERAL COMMERCIAL; AND ENDORSING AN AMENDMENT ON THE COMPREHENSIVE PLAN DEVELOPMENT PLAN MAP TO REFLECT SUCH CHANGE; FOR PROPERTY LOCATED IN THE 300 -500 BLOCK OF ROCK HILL ROAD; SECTION 34, TOWNSHIP 45 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. City Planner Janice McMillan was asked to explain how the vote for this bill would occur since the Planning and Zoning Commission had voted to disapprove the project. It will require a super- majority of two - thirds of the Council to overturn the decision of the Planning and Zoning Commission. Mayor John Landwehr stated that he has a conflict of interest in this particular issue, and will ask President Pro Tempore Clifford Olsen to conduct the public hearing on the issue at the May 19 City Council Meeting. Bill 2003 -13, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2003 MILLING AND OVERLAY. Bill 2003 -14, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY MAKING AVAILABLE FOR TRADE. Bill 2003 -15, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING ARTICLE III OF CHAPTER 16, CITY OF JEFFERSON COMMISSION ON HUMAN RELATIONS. Councilman Clyde Angle made a motion to accept the Substitute Bill 2003 -15 which was distributed to the Council before tonight's meeting began. Motion was seconded by Councilman David E. Smith and approved unanimously. REGULAR COUNCIL MEETING MAY 5, 2003 9 Bill 2003 -16, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN EASEMENT RIGHTS FOR COMBINATION SANITARY SEWER AND GENERAL UTILITY PURPOSES ACROSS A PART OF LOT NOS. 49 AND 50 OF SCHOTTHILL WOODS SUBDIVISION, SECTION ONE. Bill 2003 -17, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY AND EASEMENT RIGHTS FORA PORTION OF OREGON STREET. Bill 2003 -18, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN BY AN AMENDMENT NO. THREE TO MAKE THE CHANGES DESCRIBED IN THE ATTACHED SUMMARY OF CHANGES TO COMPLY WITH CERTAIN FEDERAL INCOME TAX AND LABOR LAWS. BILLS PENDING Bill 2003 -1, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY BY TRADING IN ON REPLACEMENT EQUIPMENT. Bill 2003 -1 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13532: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -2, sponsored by Councilman Vogel, entitled: REGULAR COUNCIL MEETING MAY 5, 2003 a AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO CHAPTER 5 (ANIMALS) ARTICLE I (IN GENERAL) SECTION 22 (REDEMPTION AND ADOPTION OF IMPOUNDED ANIMALS; DISPOSITION OF UNREDEEMED ANIMALS), SUB - SECTIONS A AND C. Bill 2003 -2 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13533: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -3, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SECTION 1 (DEFINITIONS), SECTION 6 (EXCEPTIONS FOR AUTHORIZED EMERGENCY VEHICLES), SECTION 83 (DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, MARKINGS, OR DEVICES) AND SECTION 120 (DUTIES OF OTHER DRIVERS UPON APPROACH OF AUTHORIZED EMERGENCY VEHICLE) OF THE CODE OF THE CITY SECTION 120 (DUTIES OF OTHER DRIVERS UPON APPROACH OF AUTHORIZED EMERGENCY VEHICLE) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2003 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13534: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -4, sponsored by Councilmen Olsen and Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR THE BELAIR SCHOOL SIDEWALK PROJECT, PHASE I. Bill 2003 -4 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13535: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, and Vogel Nay: None Abstain: Weber REGULAR COUNCIL MEETING MAY 5, 2003 11 Bill 2003 -5, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF SCHOTTHILL WOODS SUBDIVISION SECTION FOUR, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2003 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13536: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -6, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF CHAPEL HILL COMMONS - SECTION FOUR, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2003 -6 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13537: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -7, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY OF JEFFERSON TO APPLY TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR TRANSIT OPERATING ASSISTANCE GRANTS, AUTHORIZING THE EXECUTION OF CERTIFICATIONS, ASSURANCES, GRANT AGREEMENTS, AND ELECTRONIC FILINGS. Bill 2003 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13538: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -9, sponsored by Councilman Angle, entitled: REGULAR COUNCIL MEETING MAY 5, 2003 2 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12 (ELECTIONS), ARTICLE I (IN GENERAL), SECTION 12 -13. CANDIDATES' NAMES ON BALLOT, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2003 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13539: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None RESOLUTIONS RS2003 -8 Authorizing Grant Application for Jefferson City Police Department to Purchase Equipment and Fund Overtime for DWI Enforcement (Angle) RS2003 -9 Authorizing Grant Application for Jefferson City Police Department to Fund Advanced Training for Traffic Division Officers (Angle) RS2003 -10 Authorizing Grant Application for Jefferson City Police Department to Fund Overtime Related to DWI Enforcement (Angle) Councilman Cliff Olsen made a motion to adopt Resolutions RS2003 -8 through RS2003 -10, motion was seconded by Councilman Clyde Angle and approved unanimously. NEW BUSINESS Councilman Kenneth Ferguson commented that he continues to receive constituent complaints regarding the increased rates in cable television and wanted to explore the possibility of talking to our federal officials. Councilman Richard Groner stated he would like to receive a status report on the Country Club Drive project. Mayor Landwehr asked Associate City Counselor Michelle Coleman to obtain the information requested from the Law Department and report to back directly to Councilman Groner. GO INTO CLOSED SESSION REGULAR COUNCIL MEETING MAY 5, 2003 31 Mayor John Landwehr stated that, pursuant to Section 610.021.2 of the Revised Statutes of Missouri, Chair would entertain a motion to go into Closed Session in the Boone /Bancroft room to discuss the following: Litigation [Sec. 610.021.(1)]. A motion was made by Councilman Bob Weber to go into Closed Session forthe above - stated purpose, seconded by Councilman Michael Berry, and approved unanimously by the following roll -call vote at 8:30 P.M.: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and Weber Nay: None