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HomeMy Public PortalAbout20030902REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 1 CALL TO ORDER The Regular Council Meeting of September 2, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Edith Vogel, 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. MayorJohn Landwehr stated he and the Council wished to allow the presentation regarding the USS Jefferson City Submarine crew to be moved up to allow them to leave for other commitments. ITEMS MOVED UP ON AGENDA: PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS USS Jefferson City Submarine Crew Members — Mayor John Landwehr welcomed the Commander, Dean Richter, who introduced the four crew members: Senior Chief Crispian Addington, ET1(SS) Houston Silver, MM3(SS) Nicolas Starkey, and MM1SS Joseph Decker, III. Mayor Landwehr read a proclamation honoring Commander Richter, and Councilman Roy Viessman presented a key to the city to the Commander. Following the city's presentations to the crew, Commander Richter presented a cap to Mayor Landwehr, and a wooden plaque, a signed photo and a collage photo of the submarine, to the City. Following Council comments, the Commander and crew received a standing ovation from the Mayor, City Council, City staff, and citizens present at the meeting. MAYOR'S VETO MESSAGE Mayor John Landwehr read his veto message concerning Bill 2003 -50 (Amending Code Pertaining to Personal Financial Disclosure). Following his message, he put the question, "Shall Bill 2003 -50 take effect despite the Mayor's disapproval ?" A motion was made by Councilman Cliff Olsen that the veto be overridden and the bill take effect despite the REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 2 Mayor's disapproval, seconded by Councilman Clyde Angle. Councilmen Olsen and Angle stated their reasons for supporting the override. Following further discussion, the motion to override was defeated by the following roll -call vote: Aye: Angle, Ferguson, Gordon, Groner, Olsen, and Viessman Nay: Berry, Klindt, Vogel, and Weber The veto stands sustained. 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. Public Works & Planning Committee, July 24, 2003 b. CVB Minutes, Agendas, and Reports c. Pedestrian - Bicycle Task Force, July 16, 2003 d. Finance Committee, August 13, 19, 20, 25, and 26, 2003 e. Planning & Zoning Commission, July 10, 2003 f. Minutes of Public Hearing on Voluntary Annexation of 1905 Old Mokane Road 7. Liquor Control Board, July 22, August 5, and August 21, 2003 COUNCIL LIAISON REPORTS Councilman Clyde Angle reported that the Transportation and Traffic Commission would hold a special meeting on September 16 at 5:30 PM regarding traffic fines and whether the minimums should be raised. He urged citizens who recently brought up the issue of speeding on Hwy. 179 to attend to bring their concerns to the attention of the Commission. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Mayor John Landwehr announced that the recent "Save A Life Tour 2003" blood drive held by the Red Cross was very successful. He stated that Jefferson City and Columbia were in a collegial competition to see which city would donate the most blood, and that Jefferson City won that competition. He displayed a wooden plaque that the Red Cross gave the Jefferson City as a token of its appreciation. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 3 APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following Council appointments to two newly - established Committees: a. Convention / Conference Center Committee 1. Councilman Dan Klindt 2. Councilman Bob Weber 3. Councilman Cliff Olsen 4. Councilman Roy Viessman 5. Councilman Clyde Angle Annexation Committee 1. Councilman Edith Vogel 2. Councilman Kenneth Ferguson 3. Councilman Michael Berry 4. Councilman Richard Groner 5. Councilman Darren Gordon Mayor John Landwehr stated that he has asked Councilman Roy Viessman and Councilman Kenneth Ferguson to take the responsibility of convening a meeting of the Convention Center and Annexation Committees respectively for the purpose of electing a Chair and Vice -Chair of each. He also stated that all Council Member are welcome to attend the meetings of both committees even though they are appointed to serve on one or the other. A motion was made by Councilman Kenneth Ferguson to approve the appointments as recommended, seconded by Councilman Michael Berry, and approved unanimously. PRESENTATIONS FROM THE GALLERY Mr. Duane Schreimann, Chairman, and Mr. Mike Kehoe, Chairman - Elect, Jefferson City Area Chamber of Commerce, made a joint presentation urging the Council to approve Bill 2003 -95 (Authorizing Contract with Jefferson City Area Chamber of Commerce for Economic Development). They stated that the reason the Chamber is asking for a three - year contract as opposed to the previous one -year contracts is to attract more qualified candidates for the position of Director of Economic Development. They also reported on the process currently under way to hire a candidate for that position. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 4 Mr. Jerome Jacobs, 316 Riverview Drive, retired Jefferson City fire fighter, made a presentation regarding the 57 fire fighter retirees and widows currently receiving retirement benefits. He stated that there has been only one increase (in 1988) from $100 to $300 per month since the fund was established. He asked the Council to consider doing something to increase the benefits for retirees and widows. He also stated that no retirees have ever been appointed to serve on the city's Fire Fighter's Retirement Fund Board. Mr. Jim Helming, 4105 Catalina, was present, and answered some questions asked by the Council concerning the retirees' benefits. Mr. Lonnie Brandt, Jefferson City Fire Fighter, and member of the Fire Fighters' Retirement Fund Board, briefly explained how the fund is currently structured, and the issue of amending the fund so that it is comparable with other City employee benefits. He stated the Board is currently trying to determine what can and cannot legally be done to address this issue. Following these comments, Mayor John Landwehr stated he would be amenable to appointing a Council Member as liaison to the Fire Fighters Retirement Fund Board, and asked the Council to think about it and let him know if any one of them would be interested in serving in that capacity. City Counselor Nathan Nickolaus answered a question about the possibility of a retiree serving on the Board. He stated that could occur since the composition of the Board allows for a certain number of citizens at large, and a retiree would qualify to serve under that category. Mayor Landwehr asked Councilman Edith Vogel, Chairman of the Appointment Review Committee, to bring this issue to the attention of that Committee the next time a vacancy occurs on the Fire Fighters Retirement Fund Board, and to also check into what it would take to appoint a Council Member as liaison to the Board. COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS Councilman Michael Berry thanked the presenters for bringing the issue of retired fire fighters to the attention of the Council. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of August 15, 2003, City Council "Brown Bag" Work Session b. Minutes of August 18, 2003, City Council "Pre- Meeting" Work Session c. Minutes of August 18, 2003, Regular City Council Meeting d. Minutes of August 26, 2003, Special City Council Meeting REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 5 e. Sole Source Procurement (2036) — RENEWAL Year Two Biological Process for Hydrogen Sulfide Control (Odor), Community Development, Wastewater Division f. Permissive Use of Lot 78, Diamonds, 3223 Emerald Lane g. Permissive Use of Lot 3, Stone Hill Subdivision, 2205 Stone Hill Road h. RENEWAL —Agreement with Cole County Health Department for Inspection of Child Care Facilities Councilman Michael Berry stated he had spoken with the City Clerk regarding item (c) to correctly reflect sponsorship of bills listed those minutes. Mayor John Landwehr stated that item (c) will be removed for separate consideration. Item (c): A motion was made by Councilman Michael Berry to approve, with appropriate amendments made to correctly reflect sponsorship of bills to correspond with the bills themselves. The motion was seconded by Councilman Cliff Olsen, and approved unanimously. Remaining items on Consent Agenda: A motion was made by Councilman Cliff Olsen for approval, seconded by Councilman Michael Berry, and approved unanimously. BIDS OVER $25,000 Bid 2086 — Sodium Chloride, Transportation Dept., Street Division Bid 2087 — Dry Polymer, Community Development, Wastewater Division A motion was made by Councilman Cliff Olsen for approval of the bids as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2003 -81, sponsored by Councilmen Vogel and Gordon, 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 LINDEN DRIVE SIDEWALK, PHASE 3. Councilman Cliff Olsen requested that the rules be suspended and Bill 2003 -81 placed on final passage to take advantage of two extra weeks of construction time for this project before bad weather. There were no objections to the request for suspension of the rules. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 6 Bill 2003 -31 was read second and third times by title and placed on final passage. Councilman Bob Weber disclosed that he works for the school system, and would leave it up to the Council to determine whether he should vote on this bill or not. Councilman Michael Berry made a motion that Councilman Weber be required to vote on the bill, seconded by Councilman Clyde Angle, and approved unanimously. Bill 2003 -81 was then passed by the following roll -call vote as Ordinance 13598: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -82, sponsored by Councilmen Gordon, Vogel, and Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH CUNNINGHAM SANDBLASTING & PAINTING CO., INC. FOR REHABILITATION OF THE WATER TOWER LOCATED IN NORTH JEFFERSON CITY AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS. Bill 2003 -83, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR EMPLOYEE ASSISTANCE PROGRAM. Councilman Cliff Olsen stated he will be abstaining on this bill. Bill 2003 -84, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING A PRELIMINARY PUD PLAN FOR 2205 STONE HILL ROAD, DESCRIBED AS LOT 3 OF STONEHILL SUBDIVISION, SECTION ONE. Bill 2003 -85, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE ALLEY RIGHT -OF -WAY FOR A PORTION OF BLUFF STREET. Bill 2003 -86, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN PART OF LOT 12, SWIFT AND THOMPSON SUBDIVISION. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 7 Bill 2003 -87, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN PART OF LOT 1, AMERICAN SUBDIVISION. Bill 2003 -88, sponsored by Councilmen Berry and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 33 (THE SUBDIVISION CODE), ARTICLE I (GENERALLY), SECTION 33 -9 (CONSTRUCTION OF IMPROVEMENTS) OF THE CODE PERTAINING TO SIDEWALK CONSTRUCTION, GRADING OF ROAD BEDS, AND INSTALLATION OF DISABLED RAMPS. Bill 2003 -89, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SPRINT FOR CML E911 SYSTEM SOFTWARE AND CARD UPGRADE. Bill 2003 -90, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SPRINT FOR CML REMOTE COMMAND POST. Bill 2003 -91, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PARKING LOT #10. Bill 2003 -92, 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 1.42 ACRES FROM M -1, LIGHT INDUSTRIAL TO RA -2, MULTI - FAMILY RESIDENTIAL FOR PROPERTY ADDRESSED AS THE 3500 BLOCK OF CHAPEL HILL ROAD, LOCATED IN FRACTIONAL SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 8 Mayor John Landwehr suggested that in the future, when staff is aware that a public hearing on an issue might be controversial enough to require a lengthy public hearing such as the one which occurred on August 18, that a special meeting be considered just for that issue. A discussion was held regarding placing a time limit on the length of public hearings, or on testimony at hearings, etc. Mayor John Landwehr stated he would not be in favor of limiting the length of input at public hearings since hearing public comments was the purpose of holding public hearings. He stated that perhaps something could be done, however, to eliminate some of the redundancy of testimony, and was open to suggestions. Bill 2003 -93, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING AND RESCINDING ORDINANCE #13490 IN ITS ENTIRETY. Councilman Clyde Angle requested that the rules be suspended and Bill 2003 -93 be placed on final passage at this time. Several Council Members had questions regarding this issue pertaining to property ownership rights and the possibility of development costing the City if the levee comes to fruition. Councilmen Olsen and Klindt both stated they are in favor of lifting the moratorium. Councilman Clyde Angle stated he would like to place the bill on the Informal Calendar at this time. Councilmen Klindt and Weber objected to the bill being placed on the Informal Calendar. Councilman Angle stated he would withdraw the bill at this time. Councilman Bob Weber asked questions about how Councilman Angle's name was placed on the bill as sponsor. City Administrator Rich Mays replied that Councilman Angle was the one who brought the issue to the table at the last Public Works & Planning Committee meeting. Questions were raised regarding how sponsorship of bills is determined. Councilman Cliff Olsen wondered if the public has been put on notice that a levee (or road, etc.) is going to be built in a specific area, that property owners who subsequently build in the proposed area are doing so at their own risk. Bill 2003 -94, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY ESTABLISHING A NEW SECTION 1 -18 (FORM OF PAYMENT) TO CHAPTER 1 (GENERAL PROVISIONS). Bill 2003 -95, sponsored by Councilmen Olsen and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES. REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 9 Bill 2003 -96, sponsored by Councilmen Ferguson and Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO LIGHTING STANDARDS ON EAST HIGH AND EAST CAPITAL STREETS. Bill 2003 -97, sponsored by Councilmen Angle and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI AND THE JEFFERSON CITY AREA CHAMBER OF COMMERCE GOVERNING THE DEVELOPMENT OF PROPERTY TO BE PLATTED AS C.C. WEST SUBDIVISION - SECTION 2, IN THE VICINITY OF WEST EDGEWOOD AND WILDWOOD DRIVES. *Councilmen Angle and Weber stated they wished to withdraw both bills 2003 -97 and 2003 -98 at this time due to the fact that the agreements have not been completed yet. Bill 2003 -98, sponsored by Councilmen Angle and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF C. C. WEST SUBDIVISION - SECTION 2, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. *see 2003 -97 BILLS PENDING 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 -70 was read third time by title and placed on final passage. Councilman Michael Berry disclosed that he has done legal work for Evers and Company, and would leave it to the Council to determine whether he should vote on this bill based on that relationship. Councilman Dan Klindt stated that his wife is employed by William Keepers, who was the competing bidder for this project. He asked if that would be considered a direct or indirect conflict of interest. City Counselor Nathan Nickolaus stated that Councilman Klindt's REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 10 disclosure would fall into a different category than Councilman Berry's due to the fact that his wife is employed by the competing bidder and that could possibly be a conflict of interest. Councilman Edith Vogel made a motion that Councilman Berry be required to vote on Bill 2003 -70, seconded by Councilman Kenneth Ferguson, and approved by the following roll -call vote: Aye: Berry, Ferguson, Klindt, Viessman, and Vogel Nay: Angle, Gordon, Groner, Olsen, and Weber Mayor votes "Aye" to break tie. Councilman Edith Vogel made a motion that Councilman Klindt be required to vote on Bill 2003 -70, seconded by Councilman Roy Viessman, and approved by the following roll -call vote: Aye: Angle, Berry, Ferguson, Klindt, Viessman, Vogel, and Weber Nay: Gordon, Groner, and Olsen Bill 2003 -70 was then passed by the following roll -call vote as Ordinance 13599: Aye: Angle, Berry, Ferguson, Gordon, Olsen, Viessman, Vogel and Weber Nay: Groner and Klindt Bill 2003 -71, sponsored by Councilmen Berry, Viessman, and Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO REORGANIZATION — MERGING THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND TRANSPORTATION. Bill 2003 -71 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13600: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -73 was read third time by title and placed on final passage. A motion was made REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 11 by Councilman Clyde Angle to amend Bill 2003 -73 as specified in the "Motion to Amend" previously distributed in the Council Packets. This amendment adds three additional vehicles to the list of items to be declared surplus. The motion was seconded by Councilman Cliff Olsen and approved unanimously. Bill 2003 -73 was then passed, as amended, by the following roll -call vote as Ordinance 13601: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -74 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13602: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None See reconsideration of Bill 2003 -74 below * *. 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 -75 was read third time by title and placed on final passage. A motion was made by Councilman Clyde Angle to accept the Substitute Bill 2003 -75 which was previously distributed in the Council Packets, seconded by Councilman Dan Klindt, and approved unanimously. Substitute Bill 2003 -75 was then passed by the following roll -call vote as Ordinance 13603: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 12 Nay: None 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 -76 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13603: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -77, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO NUISANCE ABATEMENT. Bill 2003 -77 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13605: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -79 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13606: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 13 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 MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH PARSONS INFRASTRUCTURE & TECHNOLOGY GROUP, INC., AND THE JEFFERSON CITY HOUSING AUTHORITY FOR THE PROVISION OF PLANNING SERVICES. Councilman Michael Berry requested that the sponsor place this issue on the Informal Calendar to allow more time to get information on this issue. Councilman Klindt requested that Bill 2003 -80 be placed on the Informal Calendar at this time. 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. NEW BUSINESS Schedule Finance Committee Meeting (report from sub - committee) — Following a brief discussion, the Council agreed to schedule the meeting for 5:30 PM on Thursday, September 11. Councilman Clyde Angle stated that he has asked the Law Department and staff to prepare a "clean air" (smoking) bill to introduce at the September 15 Council Meeting. UNFINISH REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 14 ED BUSINESS Councilman Richard Groner stated the Council needs to make some decisions regarding the south side levee issue. He stated he has some rough ideas about costs and has done projections, but it is time to make some decisions. Mayor John Landwehr suggested bringing it up at a Public Works and Planning Committee meeting and present the information in writing. * *Councilman Cliff Olsen stated that he believed a Substitute to Bill 2003 -74 had been distributed by staff to the Council in the 5:45 Pre - Meeting which the Council did not consider when it acted on the bill earlier in the meeting. Councilman Olsen then made a motion, as a member on the prevailing side of Bill 2003 -74, that Bill 2003 -74 be reconsidered at this time. The motion was seconded by Councilman Bob Weber, and approved unanimously. Bill 2003 -74 was reconsidered at this time. A motion was made by Councilman Cliff Olsen to accept the Substitute Bill 2003 -74 which was distributed by staff prior to the 6:00 meeting, the motion was seconded by Councilman Clyde Angle, and approved unanimously. Substitute Bill 2003 -74 was then approved by the following roll -call vote as Ordinance 13602: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Councilman Clyde Angle asked if Councilman Richard Groner was previously talking about the north or south side levee, or both. Councilman Groner replied he was talking about both. Councilman Angle stated he has submitted a letter asking about Councilman Groner's ownership of land in the area of the south side levee being discussed. Councilman Angle stated he is uncomfortable discussing this issue until the issues in his letter are resolved. Councilman Groner stated he would be happy to turn over all the data to somebody else and stop working on the project. Councilman Angle requested that the questions in his original letter be addressed and the City Counselor make a determination regarding if there is a conflict of interest and, if there is, what effect does it have on the final outcome. Mayor John Landwehr stated he will convene a group to get together with City Counselor Nathan Nickolaus to discuss this issue. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion at this time to go into Closed Session to REGULAR COUNCIL MEETING SEPTEMBER 2, 2003 15 discuss the following: a. Personnel [Sec. 610.021(3)] A motion was made by Councilman Edith Vogel to go into Closed Session, seconded by Councilman Michael Berry, and approved by the following roll -call vote at 8:45 P.M.: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None