The URL can be used to link to this page

Home My Public Portal About20030915REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 1 CALL TO ORDER The Regular Council Meeting of September 15, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Dan Klindt, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Absent: Viessman and Weber A quorum was declared present. PUBLIC HEARINGS Preliminary PUD Plan for an Office and Retail Building, on Lot 3 of Stonehill Subdivision Section One, Addressed at 2205 Stone Hill Road (Pending Bill 2003 -84). City Planner Janice McMillan made a presentation outlining the background of the requested rezoning. Following her presentation, no persons requested to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. Rezoning from M -1 Light Industrial to RA2 Multi - Family Residential for 3500 Block of Chapel Hill Road and Endorsing an Amendment to the Development Plan Map of the Comprehensive Plan to Reflect Such Change (Pending Bill 2003 -92). City Planner Janice McMillan made a presentation outlining the background of the requested rezoning. Following her presentation, no persons requested to speak 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. Liquor Control Board, August 28, 2003 b. Planning & Zoning Commission, August 14, 2003 c. Board of Adjustment, August 12, 2003 REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 2 Historic Preservation Commission, August 12, 2003 COUNCIL LIAISON REPORTS Councilman Clyde Angle announced that he would encourage citizen input at the special meeting of the Traffic and Transportation Commission meeting on September 16. They will be reviewing the current traffic fines and hearing citizen concerns regarding speeding on Hwy. 179. Councilman Richard Groner announced the September 18 Public Works and Planning Committee meeting. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr stated that the following persons have agreed to serve on an ad hoc east end economic development committee, and asked the Council to consider approving them when he recommends their appointments at the October 6 City Council meeting: a. Councilman Michael Berry b. Councilman Kenneth Ferguson c. Juanita Donehue d. Cathy Bordner e. Charles Jackson, former City Councilman f. David Nunn g. Toni Prawl Councilman Clyde Angle asked if Councilman Edith Vogel could call a meeting of the Appointment Review Committee to consider appointments of people who have expressed an interest in serving on city board and commissions, specifically the Human Relations Commission. Councilman Vogel stated she would call a meeting, and Mayor John Landwehr stated citizens interested in serving on the Human Relations Commission should submit their Volunteer Profile Form application in the next couple of weeks. PRESENTATIONS FROM THE GALLERY REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 3 Ms. Heather Wilson, American Cancer Society, 2413 Hyde Park Road, made a presentation regarding the effect of second -hand smoke on public health. She urged the City Council to consider passing an ordinance to prohibit smoking in eating establishments located in Jefferson City. Following her presentation, Councilman Cliff Olsen asked if second -hand smoke is as dangerous to health as Ms. Wilson indicated, wouldn't it be better to ban smoking altogether in the entire city. Ms. Wilson replied that she would personally prefer to see smoking banned altogether, but that she believed the ban of smoking in eating establishments could be perhaps the first step in that process. Mr. Carl Olson, 3902 Bennington Lane, member of the Cole County Partners for Clean Air, made a presentation about second -hand smoke in restaurants. He stated that of 120 eating establishments in Jefferson City, 57 are now smoke -free. He encouraged the City Council to ban smoking in all eating establishments. Ms. Bonnie Linhardt, 7408 Scrivner Road, representing the American Heart Association, also made a presentation requesting the City Council to ban smoking in Jefferson City eating establishments. Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding (1) taxes, (2) animal welfare, and (3), staff. Following his presentation, he asked Mayor John Landwehr to appoint a committee to address animal welfare or animal population problems. He also mentioned that there are low -cost alternatives to the spay- neuter issue. Mayor Landwehr asked Mr. Wilson to get some examples from other cities which have utilized low -cost spay - neuter programs and submit them to the Council for their consideration. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS Mayor John Landwehr made comments regarding the issue of second -hand smoke. He stated that if an ordinance is in progress on this issue, it would be appropriate to circulate it in advance of introduction to give everyone a chance to review it and assist in designing it. He suggested it might even be a good idea to hold a public forum or a work session to discuss the topic. Councilman Clyde Angle stated that he intends to circulate the ordinance in advance. He also stated that the Environmental Quality Commission will hear a presentation on the issue at its September 25 meeting. Councilman Dan Klindt and Councilman Cliff Olsen stated they oppose a ban of smoking in eating establishments because they do not believe the government should dictate to business owners how to run their businesses. Councilman Clyde Angle asked the Council to keep an open mind about the issue. Councilman Michael Berry agreed with Councilmen Klindt and Olsen to a point, but that he does have a concern with workers who have to work in smoking environment. He stated he does not know any satisfactory answers as yet to that particular part of the smoking issue. REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 4 CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of August 29, 2003, City Council "Brown Bag" Work Session b. c. e. Minutes of September 2, 2003, City Council "Pre- Meeting" Work Session Minutes of September 2, 2003, Regular City Council Meeting Bid 2029 (RENEWAL - Year 2) — Influent / Effluent and Sludge Cake Sample Testing, Water Pollution Control Plant (RENEWAL - Year 3) — Agreement with Nick's Family Restaurant at Airport A motion was made by Councilman Cliff Olsen for approval of the Consent Agenda as presented, seconded by Councilman Michael Berry, and approved unanimously. BIDS OVER $25,000 Bid 2098, Sole Source, Fingerprint System, Police Dept. — A motion was made by Councilman Clyde Angle for approval of the bid as presented, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2003 -99, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Clyde Angle made a motion to accept the substitute Bill 2003 -99 which was distributed to the Council by staff, and that the substitute bill be amended by the addition of the following language at the end of Section 1: "and the Deputy Director of Public Works, Range 20 ($46,395 - $68,325)." The motion was seconded by Councilman Edith Vogel and approved unanimously. Councilman Angle then requested that the rules be suspended so Bill 2003 -99 can be placed on final passage. Councilman Cliff Olsen and Councilman Richard Groner both stated they objected to the request for suspension of the rules due to REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 5 some questions they have regarding Section 4 of the bill. City Administrator Rich Mays asked that the Council reconsider since the city was in the process of hiring persons for positions, and that this bill will get those positions in place before they are filled. He suggested that if there are problems with the bill, perhaps the bill could be amended to address those problems and then the bill can be passed as so amended. Councilman Michael Berry asked if Councilman Angle would agree to a friendly amendment to his substitute bill to remove language to which some Council Members have indicated their objection, thus making it possible for the bill to be passed tonight. Councilman Angle replied he would be amenable to such an amendment. Councilman Berry then moved to amend the substitute bill, as amended, to further amend by deleting Section 4. The motion was seconded by Councilman Dan Klindt and approved unanimously. Councilman Angle then stated he was still requesting suspension of the rules of the bill as just substituted and amended. There were no objections to the request at this time. Bill 2003 -99 was read second and third times by title, placed on final passage and passed, as substituted and amended, by the following roll -call vote as Ordinance 13607: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None Bill 2003 -100, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH I.A.F.F. LOCAL 671. Bill 2003 -101, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2004. Councilman Michael Berry asked the sponsor, Councilman Cliff Olsen, if he would consider suspending the rules on bills 2003 -101 and 2003 -102 since they are routine bills. Councilman Olsen stated that he did not feel the Council should suspend rules unless there was a necessity to do so. Bill 2003 -102, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO ELECTIONS. REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 6 Bill 2003 -103, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION. Bill 2003 -104, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENTWITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. BILLS PENDING 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 -82 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13608: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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. Bill 2003 -83 was read third time by title and placed on final passage. Councilman Cliff Olsen stated he will be abstaining on this bill. Bill 2003 -83 was then passed by the following roll -call vote as Ordinance 13609: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, and Vogel Nay: None Abstain: Olsen REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 7 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 -84 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13610: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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 -85 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13611: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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. Bill 2003 -86 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13612: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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 -87 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13613: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 8 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. Mayor John Landwehr stated Roger Randolph has contacted him and requested that bill 2003 -88 be placed on the Informal Calendar to allow the Pedestrian - Bicycle Task Force to discuss the issue at their September 17 meeting. Councilman Michael Berry made a motion to amend Bill 2003 -88 as previously distributed to the Council, the motion was seconded by Councilman Dan Klindt and approved unanimously. Councilman Olsen then requested that Bill 2003 -88, as amended, be placed on the Informal Calendar at this time. 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 -89 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13614: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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 -90 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13615: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13616: REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 9 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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. Bill 2003 -92 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13617: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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 -94 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13618: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None 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. Bill 2003 -95 was read third time by title and placed on final passage. A motion was made by Councilman Cliff Olsen to amend the bill as previously distributed by City Counselor Nathan Nickolaus, seconded by Councilman Edith Vogel, and approved unanimously. Bill 2003 -95 was then passed, as amended, by the following roll -call vote as Ordinance 13619: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 10 Nay: None 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 -96 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13620: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None INFORMAL CALENDAR 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 Kenneth Ferguson stated that he wished to remove Bill 2003 -80 from the Informal Calendar at this time. Bill 2003 -80 was read third time by title and placed on final passage. Councilman Richard Groner stated he will be voting against this bill, not because of the project, but because of the firm proposed for the project. Bill 2003 -80 was passed by the following roll -call vote as Ordinance 13621: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, and Vogel Nay: Groner RESOLUTIONS RS2003 -16 Designating City Liaison to Cedar City Drainage District (Vogel) — A motion was made by Councilman Edith Vogel for adoption of RS2003 -16 as presented, seconded by Councilman Cliff Olsen, and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 11 NEW BUSINESS Councilman Clyde Angle stated he plans to offer a bill in the near future on personal financial disclosure to close some of the loopholes in the state form. He requested that City Counselor Nathan Nickolaus brief the Council on all laws passed in the last General Assembly regarding the City of Jefferson. Mr. Nickolaus suggested a memo be prepared that could let him know what specific items they would be interested in. Councilman Richard Groner stated he had received a letter regarding an issue that he believes may have occurred before he became Councilman and stated that the city still has a problem with its system of tracking complaints. Mayor John Landwehr suggested that Mr. Groner give the specific information to staff after the meeting so they can address the situation. Councilman Michael Berry moved to amend the August 4, 2003, City Council minutes so that bill sponsorship in the minutes correctly matches sponsorship on the actual bills. The motion was seconded by Councilman Edith Vogel and approved unanimously. UNFINISHED BUSIN ESS Mayor John Landwehr stated that, at his request, the Council was sent a memo a few weeks ago requesting their response regarding the issue of setting up city email for elected officials. He asked the Council to please respond to that inquiry so that staff can complete this project. APPROVAL OF CLOSED SESSION MINUTES September 2, 2003, Closed Session Minutes — A motion was made by Councilman Edith Vogel for approval of the minutes as presented, seconded by Councilman Michael Berry, and approved unanimously. 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 discuss the following: a. Personnel [Sec. 610.021(3)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Michael Berry, and approved by the following roll -call vote at 7:35 P.M.: REGULAR COUNCIL MEETING SEPTEMBER 15, 2003 12 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Vogel Nay: None