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HomeMy Public PortalAbout20030818REGULAR COUNCIL MEETING AUGUST 18, 2003 CALL TO ORDER 1 The Regular Council Meeting of August 18, 2003, was convened at 6:07 P.M. by Mayor John Landwehr. Prayer was offered by Rev. Gary Behrns, Christian Fellowship of Jefferson City, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Absent: None A quorum was declared present. Mayor John Landwehr stated he and the Council wished to allow the invited presentation to appear at this time to allow them to leave before the lengthy public hearings begin. PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS Ms. Janette Scott, American Red Cross, made a presentation regarding the need for blood donations in the area, and announced a major blood drive event at the Governor's Mansion on August 28 from 9:00 A.M. to 3:00 P.M.. She stated that this community would be one of those scheduled to receive a visit from the National Save A Life Tour convoy and mobile museum from Los Angeles on that day as well. Ms. Scott stated that her son -in -law is Councilman Darren Gordon, who also encouraged the public to participate in this event by donating blood. Mayor John Landwehr took a brief opportunity to introduce the new City Counselor, Nathan Nickolaus, who was attending his first City Council meeting tonight. PUBLIC HEARINGS Mayor John Landwehr announced he is recusing himself from the first public hearing concerning Rock Hill Road due to his professional relationship with one of the individuals involved in the process, and that he will ask President Pro Tempore Cliff Olsen to preside REGULAR COUNCIL MEETING AUGUST 18, 2003 2 over that portion of the meeting. Councilman Clyde Angle stated he would be asked the Council to excuse him from voting, and that he had asked Mayor Landwehr not to recuse himself. Councilman Roy Viessman asked if a Council Member was told by the Council he or she must vote on a particular issue, would that take precedence over any applicable regulations of the Missouri Ethics Commission. A brief discussion was held. Councilman Michael Berry stated he feels everyone should vote to insure that both parties get a fair hearing. A motion was made by Councilman Michael Berry that the Council not entertain any of the requests to be excused due to perceived conflicts, seconded by Councilman Kenneth Ferguson. Councilman Cliff Olsen called for a point of order, and stated that the Code, and possibly the Charter, states that a Councilman may ask the Council to excuse him or her from voting. Mayor John Landwehr stated that the Code or Charter do not, however, provide such a procedure if the Mayor recuses himself. Councilman Michael Berry withdrew his motion, Councilman Kenneth Ferguson withdrew his second. Mayor John Landwehr turned the gavel over to President Pro Tempore Cliff Olsen who assumed the Chair at this time. Councilman Clyde Angle stated his disappointment that Mayor Landwehr recused himself. Councilman Clyde Angle stated he has a transactional relationship with some of the parties in this issue and, though he does not believe he has a conflict, but in the event others may feel he has a conflict, he requested to be excused from voting on this issue. A motion was made by Councilman Michael Berry, seconded by Councilman Edith Vogel, that Councilman Angle be required to vote on the matter. The motion was approved by the following roll -call vote: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Vogel, and Weber Nay: Groner, Olsen, and Viessman Councilman Dan Klindt stated his relationship with some of the parties in this matter because he bids on insurance for some of the jobs, and requested that he be excused by the Council from voting. A motion was made by Councilman Michael Berry, seconded by Councilman Clyde Angle, that Councilman Klindt be required to vote on the matter. The motion was approved by the following roll -call vote: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Vogel, and Weber Nay: Groner, Olsen, and Viessman (a) Rezoning from M -1 Light Industrial to C -2 General Commercial and RA -2 High Density Residential for the 300 -500 Block of Rock Hill Road and Endorsing an Amendment on the Development Plan Map of the Comprehensive Plan to Reflect Such Change. City Planner Janice McMillan made a presentation that included details and history of the REGULAR COUNCIL MEETING AUGUST 18, 2003 3 issue and proposed rezoning request. Following Ms. McMillan's presentation. At the conclusion of Ms. McMillan's presentation, the following citizens spoke at the public hearing: IN FAVOR: Mr. Duane Schreimann, attorney representing the applicant in the rezoning, explained that the original plan was disapproved by the Planning and Zoning Commission. It was remanded by the City Council back to the Planning and Zoning Commission at the developer's request and subsequently approved by the P &Z Commission. He distributed a handout, and stated he would be presenting witnesses to speak in favor of the development. He also stated that two city staff persons, Tom Jones and Jack Kremer, would be testifying because he had informed them that he was prepared to subpoena them to testify. Following Mr. Schreimann's comments, he introduced the following witnesses to testify: Mr. Sam Phillips, 125 Forest Hill, Trust Officer for Exchange National Bank, Trustee and owners of the property located directly across Highway 179 from the property which is the subject of the proposed rezoning. Mr. Phillips stated that if the subject property becomes more marketable due to the proposed rezoning and subsequent development, then their property will also become more marketable. Mr. Dustin Hoskins, 1915 Seven Hills Road, one of the owners of the subject property, as well as manager of the Cherry Creek Apartments. He distributed pictures of the apartments as proposed for the property if rezoned. Councilman Clyde Angle stated he has been asked by constituents if the community can support such a large project. Mr. Hoskins stated that for 17 years he has maintained a 100% occupancy rate in his other apartments. In answer to a question about the type of apartments he is proposing, he stated the rent for the apartment will be $650 to $750 per month, and that it will be a gated apartment complex. Mr. Mike Bates, Central Missouri Professional Services, stated he will be doing the site design. He explained some of the industries located next to the subject property. He also gave information on the commercial aspect of the development, and that it would be a $27 million project over a five to six year period. He addressed issues such as speeding on Highway 179, storm water runoff, and explained RC zoning. Mr. Paul Bertrand, George Butler Associates, 1627 Main Street, Kansas City, Missouri, made a report on the traffic study of the region and what the development would do to traffic patterns in the area, and explained that the developer will be required to pay for the improvements to the roadway. Following his presentation, Mr. Bertrand answered questions by the Council. Mr. Tom Jones, Jefferson City Waste Water Utilities Division Director, explained the impact the proposed development would have on the city's sewer system, and how the city analyzes that impact. He stated the system is large enough to handle the development as proposed. He stated that there had been mention of a problem with foam which was found in the area, and explained that a manufacturer identified it as shampoo and they were doing a "start -up" of that product which caused the product to produce foam during that process. REGULAR COUNCIL MEETING AUGUST 18, 2003 4 Mr. Jack Kremer, Jefferson City Engineering Division Director, explained storm water issues, and stated that storm water runoff would be no greater for the proposed development than the property currently generates in its undeveloped state. He indicated that a "dry" retention basin system would be used for this development. Following the comments of the proponents, President Pro Tempore Cliff Olsen called a five - minute recess at 7:55 P.M. The meeting was reconvened at 8:05 P.M. by President Pro Tempore Cliff Olsen In the continuation of the public hearing on the rezoning of 300 -500 Rock Hill Road, Councilman Michael Berry made a motion that Bill 2003 -65 be voted immediately upon the conclusion of this public hearing to allow all the parties to leave if needed, the motion seconded by Councilman Edith Vogel and approved with Councilman Richard Groner voting "Nay." Councilman Olsen explained that following the opponents' testimony, the City Council Members would be given an opportunity to question each witness. At the conclusion of the opponents' testimony, the developers would be given an opportunity to rebut, and following that, staff should be prepared to answer questions or address issues are brought up in the testimony of the opponents. IN OPPOSITION: Mr. Robert Hileman, 2709 Twin Hills Road, stated he had copies of the September 14, 1978 Planning and Zoning Commission minutes, and the November 6, 1978 City Council Minutes, both of which refer to the original zoning of the subject property. He referred to the August 13, 2003, letter to the editor in the Jefferson City News Tribune by Mrs. Virginia Haar regarding this issue. He asked what the proposed buffer zone would be, and was answered by Mr. Mike Bates that it would be 250 feet next to the C -2 on the road, and 225 feet when you get away from the road. Mr. Hileman stated that the only change he can see in the original rezoning request that was remanded back to the Planning and Zoning Commission, and this rezoning request, is the 25 feet additional buffer. He stated he would not be opposed to this project except that he believes it is too much, too quick, and that part of it is commercial. Mr. John Richardson, 2613 Twin Hills Road, stated that his concerns were with water going down his back yard and at the bottom of Twin Hills Road, and the traffic on Twin Hills Road which he stated was already like "a race track" because of the speed. Mr. Cliff Sutherland, 2624 Twin Hills Road, asked why it took 25 years to determine that the original zoning was not working. He referred to a July 24, 2003 Jefferson City Post Tribune article regarding a traffic study for access to the prison redevelopment site. He believes the Council should table this bill. Ms. Virginia Haar, 2517 Twin Hills Road, stated she believes that if the subject property has remained vacant all these years it is because something is terribly wrong with the REGULAR COUNCIL MEETING AUGUST 18, 2003 5 property. She feels there is no safe access or exit to the property, and that the Missouri Department of Transportation would need to widen High way 179 before traffic can safely get onto the highway from that property. Mr. Matt Krause, 1117 Boonville Road, stated he is concerned with the probability that Boonville Road will be used as an alternate traffic route for people who cannot get onto Highway 179 from the development by making a left turn. He thinks they would prefer to turn right and then cut across on Boonville Road. Danelle Sutherland, 2624 Twin Hills Road, stated she is the wife of Cliff Sutherland who made a presentation earlier. She cited 2000 Census Bureau Reports which indicated that Jefferson City has an 18% vacancy rate, and she stated her opinion that the proposed development would cause that rate to be higher. Mr. James Philip Jones, 2809 Sue Drive, stated he grew up in the area of the proposed development. He stated he knows the land very well, and that he believes any development of the land will increase existing problems with storm water runoff. He also does not believe the proposed development would not be economically wise for the city as a whole. Ms. Bonnie Reznicek, 2717 Sue Drive, stated that Highway 179 is on a steep hill which complicates the traffic problem because of sight distance. She also discussed sewage problems, and indicated that Johnson Controls is a noisy place which should be factored into the decision to locate any kind of dwellings nearby. She also mentioned that the problem with the "foam "was not inocuous, and that it concerned her because of her children playing in the area. Ms. Rosie Heard, 718 Rock Hill Road, stated she has lived at her residence for seven years, and that she has witnessed that the speed of traffic is 55 or 60 m.p.h., and described the number of accidents she has seen from her home. She stated her concern with traffic problems which she felt the proposed development would cause. Mr. B. J. Jones, 2621 Twin Hills Road, spoke about several issues including the buffer zone. He felt the developers were not increasing the buffer zone, but were rather reducing it from 400 feet to 225 feet. He also stated there were discrepancies in the traffic study produced by George Butler Associates because the study was based on a speed of 35 m.p.h. Ms. Barbara Ross, 103 Belair Drive, made comments regarding her concerns with traffic problems. Mr. Wayne E. Johnson, 900 Rock Hill Road, read a prepared statement addressing his concerns. Ms. Verna Nichols, 2714 Sue Drive, made comments regarding storm water drainage issues. Mr. Stan Neuner, 2815 Sue Drive, made comments regarding traffic issues. At the conclusion of testimony by the opponents, Mr. Bertrand stated that the traffic study REGULAR COUNCIL MEETING AUGUST 18, 2003 6 questioned by Mr. B. J. Jones was based on the posted 45 m.p.h. speed limit on Highway 179, and not on 35 m.p.h. as indicated by Mr. Jones. City staff then answered questions and addressed concerns brought forward by the opponents. There being no further comments to come forward at this time, President Pro Tempore Cliff Olsen declared the public portion of the public hearing concluded, and called for a brief recess at 10:50 P.M. The meeting was reconvened at 11:00 P.M. by President Pro Tempore Cliff Olsen. Bill 2003 -65 was then read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to approve the request, on condition that the owner place deeded restrictions prohibiting all future development on the remaining RC zoned areas of the property, as authorized in the Code of the City of Jefferson, Section 35- 74.B.5.The motion seconded by Councilman Edith Vogel and approved unanimously. Bill 2003 -65 was then passed, as amended, by the following roll -call vote as Ordinance 13592: Aye: Angle, Berry, Ferguson, Klindt, Vogel and Weber Nay: Gordon, Groner, Olsen, and Viessman. Mayor John Landwehr assumed the Chair at this point in the meeting Rezoning from RA -2 High Density Residential to C -2 General Commercial at 2310 St. Mary's Boulevard in Conformance with Comprehensive Plan. A presentation was made by City Planner Janice McMillan who gave the background of the requested rezoning. Following Ms. McMillan's presentation, no one present spoke in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. Rezoning from RA -1 Low Density Residential to C -2 General Commercial forthe 3300 -3500 Block of West Edgewood Drive, and Endorsing an Amendment to the Development Plan Map of the Comprehensive Plan to Reflect Such Change. A presentation was made by City Planner Janice McMillan who gave the background of the requested rezoning. Following Ms. McMillan's presentation, no one present spoke in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. 2003 Property Tax Levy. Finance Director Steve Schlueter made a presentation about the proposed property tax levy. Following Mr. Schlueter's presentation, no one present spoke in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. REGULAR COUNCIL MEETING AUGUST 18, 2003 7 2003 -2004 City Budget. Finance Director Steve Schlueter made a presentation about the proposed budget. Following Mr. Schlueter's presentation, no one present spoke in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. Gross Receipts Utility Tax. Finance Director Steve Schlueter made a presentation about the proposed gross receipts utility tax. Following Mr. Schlueter's presentation, no one present spoke in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer 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) Parks & Recreation Commission, June 2, 2003 (b) Transportation & Traffic Commission, July 10, 2003 (c) Finance Report for July 2003 (d) Fire Fighter's Retirement System Board, July 2, 2003 (e) Environmental Services Committee, June 2, 2003 (f) Historic Preservation Commission, July 8, 2003 (g) Plumbing Board of Review & Examiners, March 26, 2003 (h) Minutes of August 12, 2003, Public Hearing on Voluntary Annexation (i) Housing Authority Board of Commissioners, July 1, 2003 (j) Board of Adjustment, July 8, 2003 (k) Finance Committee, July 24, 2003 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. REGULAR COUNCIL MEETING AUGUST 18, 2003 8 APPOINTMENTS BY THE MAYOR No appointments were recommended at this time. PRESENTATIONS FROM THE GALLERY Mayor John Landwehr stated that members of the Parks and Recreation Commission had been at the meeting to make a presentation, but due to the length of the first public hearing, they had to leave before they could make their presentation. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS No comments were made at this time. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of August 1, 2003, City Council "Brown Bag" Work Session b. Minutes of August 4, 2003, City Council "Pre- Meeting" Work Session c. Minutes of August 4, 2003, Regular City Council Meeting A motion was made by Councilman Bob Weber for approval of the Consent Agenda as presented, seconded by Councilman Michael Berry and approved unanimously. BILLS INTRODUCED Bill 2003 -70, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EVERS AND COMPANY FOR AUDITING SERVICES. Bill 2003 -71, sponsored by Councilmen Berry, Viessman, and Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE REGULAR COUNCIL MEETING AUGUST 18, 2003 9 PERTAINING TO REORGANIZATION — MERGING THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND TRANSPORTATION. Bill 2003 -72, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2003. Bill 2003 -73, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2003 -74, sponsored by Councilmen Vogel and Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE EXISTING CORPORATE LIMITS OF THE CITY OF JEFFERSON, MISSOURI OR CONTIGUOUS TO OTHER PROPERTY PETITIONED FOR ANNEXATION, AND LOCATED IN SECTION 23 IN TOWNSHIP 44 NORTH, RANGE 11 WEST IN THE COUNTY OF CALLAWAY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 2003 -75, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF WEST DUNKLIN STREET. Bill 2003 -76, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 22- 89, (NONRESERVED PARKING) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO FEES IN THE MUNICIPAL PARKING GARAGE. Bill 2003 -77, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROPOSING AN AMENDMENT TO SECTION 6.2 OF THE CITY CHARTER, PARKS AND RECREATION COMMISSION, THAT ABOLISHES THE PARKS AND RECREATION COMMISSION AND REGULAR COUNCIL MEETING AUGUST 18, 2003 10 ESTABLISHES A PARKS AND RECREATION DEPARTMENT, AND AUTHORIZES A REFERENDUM ON THE PROPOSED AMENDMENT. Bill 2003 -78, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROPOSING AN AMENDMENT TO SECTION 6.2 OF THE CITY CHARTER, PARKS AND RECREATION COMMISSION, THAT ABOLISHES THE PARKS AND RECREATION COMMISSION AND ESTABLISHES A PARKS AND RECREATION DEPARTMENT, AND AUTHORIZES A REFERENDUM ON THE PROPOSED AMENDMENT. Councilman Clyde Angle requested that Bill 2003 -78 be withdrawn at this time. Bill 2003 -79, sponsored by Councilman 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 3.58 ACRES ADDRESSED AS 3300 -3500 BLOCK OF WEST EDGEWOOD DRIVE, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI FROM RA -1, MULTI - FAMILY RESIDENTIAL TO C -2, GENERAL COMMERCIAL; AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2003 -80, sponsored by Councilmen Ferguson and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A NEIGHBORHOOD PLAN FOR THE VICINITY OF THE MISSOURI STATE PENITENTIARY AND AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE AGREEMENTS WITH PARSONS INFRASTRUCTURE & TECHNOLOGY GROUP, INC., AND THE JEFFERSON CITY HOUSING AUTHORITY FOR THE PROVISION OF PLANNING SERVICES. BILLS PENDING Bill 2003 -61, sponsored by Councilmen Klindt and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VICIOUS ANIMALS. Bill 2003 -61 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13588: REGULAR COUNCIL MEETING AUGUST 18, 2003 11 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -62, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF MISSISSIPPI STREET. Bill 2003 -62 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13589: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -63, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 (PARKING, STOPPING, AND STANDING), ARTICLE I (GENERALLY), SECTION 22 -10 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO PARKING WHEN DELINQUENT PARKING CITATIONS OR FINES ARE UNPAID. Bill 2003 -63 was read third time by title and placed on final passage. Councilman Michael Berry made a motion to accept the substitute to Bill 2003 -63 which was distributed in the Council Packets, seconded by Councilman Cliff Olsen. Bill 2003 -63 was then passed, as substituted, by the following roll -call vote as Ordinance 13590: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -64, sponsored by Councilman 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 0.28 ACRES LOCATED AT 2310 ST MARY'S BOULEVARD, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM RA -2 MULTIPLE FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL. REGULAR COUNCIL MEETING AUGUST 18, 2003 12 Bill 2003 -64 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13591: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -66, sponsored by Councilmen Vogel and Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO AND LYING NORTH OF THE PRESENT CITY LIMITS INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTIONS 14 AND 23 IN TOWNSHIP 44 NORTH, RANGE 11 WEST IN THE COUNTY OF CALLAWAY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 2003 -66 was read third time by title and placed on final passage. A motion was made by Councilman Roy Viessman to accept the substitute to Bill 2003 -66 which was distributed in the Council Packets, seconded by Councilman Michael Berry, and approved unanimously. Bill 2003 -66 was then passed, as substituted, by the following roll -call vote as Ordinance 13593: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -67, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ACROSS A PART OF LOT 150 OF DEL CERRO SUBDIVISION, SECTION SIX. Bill 2003 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13594: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -68, sponsored by Councilmen Angle, Vogel, Klindt, Berry, Viessman, Weber, and Ferguson), entitled: REGULAR COUNCIL MEETING AUGUST 18, 2003 13 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE 16 CENT PROPERTY TAX LEVIED FOR PUBLIC PARKS AND AUTHORIZING A LOCAL PARKS SALES TAX AT THE RATE OF THREE - EIGHTHS (3/8) OF ONE PERCENT, THE COLLECTION AND USE THEREOF FOR PUBLIC PARKS, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON NOVEMBER 4, 2003. Councilman Clyde Angle requested that Bill 2003 -68 be withdrawn at this time. Bill 2003 -69, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 (LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS), ARTICLE XI (UTILITY TAX) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO UTILITY TAXES. Bill 2003 -69 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13595: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: Weber INFORMAL CALENDAR Bill 2003 -50, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO THE FINANCIAL DISCLOSURE POLICY. Councilman Clyde Angle requested that Bill 2003 -50 be removed from the Informal Calendar and placed on final passage at this time. Bill 2003 -50 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13596: Aye: Angle, Ferguson, Gordon, Groner, Olsen, Viessman, Weber Nay: Berry, Klindt, Vogel, and Weber RESOLUTIONS There were no resolutions brought before the Council. REGULAR COUNCIL MEETING AUGUST 18, 2003 NEW BUSINESS There was no new business to come before the Council at this time. UNFINISH ED BUSINESS There was no unfinished business to come before the Council at this time. GO INTO CLOSED SESSION 14 Mayor John Landwehr announced that the previously scheduled Closed Session has been canceled. ADJOURN MENT There being no further to come before the Council at this time, a motion was made by Councilman Cliff Olsen for adjournment, seconded by Councilman Michael Berry, and approved unanimously at 11:35 P.M.