HomeMy Public PortalAbout20031020REGULAR COUNCIL MEETING OCTOBER 20, 2003 1
CALL TO ORDER
The Regular Council Meeting of October 20, 2003, was convened at 6:00 P.M. by Mayor
John Landwehr.
Prayer was offered by Councilman Richard Groner, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present:
Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Absent: Olsen and Weber
A quorum was declared present.
PUBLIC HEARINGS
There were no public hearings scheduled at this time.
COUNCIL LIAISON REPORTS
Councilman Richard Groner announced a Public Works and Planning Committee meeting
will be held Thursday, October 23 at 5:30 P.M. in the upper level conference room.
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.
b.
c.
d.
e.
f.
g.
Environmental Quality Commission Annual Report
Board of Electrical Examiners & Review, May 14 June 24, 2003
Transportation & Traffic Commission, September 16, 2003
Finance Committee, September 22 and October 7, 2003
Environmental Quality Commission, May 22 and July 31, 2003
Finance Reports for September, 2003
Board of Adjustment, September 9, 2003
k.
m.
REGULAR COUNCIL MEETING OCTOBER 20, 2003 2
Public Hearing for Mural Permit, October 8, 2003
Planning & Zoning Commission, September 9, 2003
Pedestrian - Bicycle Task Force, August 20, 2003
Parks and Recreation Commission, September 8, 2003
Historic Preservation Commission, September 9, 2003
Housing Authority Board of Commissioners, September 16, 2003
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
There were no announcements made at this time.
APPOINTMENTS BY THE MAYOR
There were no appointments brought before the Council at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
No presentations were scheduled at this time.
PRESENTATIONS FROM THE GALLERY
Mr. Frank Rycyk, 46 Chestnut Street, made a presentation regarding access to the
Missouri River. He stated that the City and the railroad needs to work together to create
such access.
Ms. Pam Schnieders, 121 Valley View, stated she was asked to appear to make a
presentation regarding clean air in public places, and presented a prepared statement in
support of the ban of smoking in public places.
Ms. Nyesha Jones, 706 E. Miller Street, also read a prepared statement regarding second
hand smoke ( "clean air "). Following her presentation, Mayor John Landwehr recognized the
group with Ms. Jones, children belonging to the Boys and Girls Club, and asked to stand
and be recognized.
REGULAR COUNCIL MEETING OCTOBER 20, 2003 3
Dr. Stanley Horner, 1925 Burton's Lane, made a presentation regarding the effects of
second hand smoke on people, particularly children. Dr. Horner answered questions asked
by Council Members.
Ms. Deborah Mabe, 41 Broadway Village, Columbia, Missouri, a respiratory therapist who
works in Jefferson City, made a presentation regarding the effects of second hand smoke.
Ms. Mabe answered questions asked by Council Members.
Ms. Anne Lock, 718 Hobbs Road, a member of the Jefferson City Parks and Recreation
Commission, made a presentation to thank the Council for their support of funding requests
by the Commission. Following her presentation, Councilman Clyde Angle asked Ms. Lock
if she was aware he planned to offer an amendment to the budget bill (2003 -110) to delete
$150,000 from the Parks budget. Ms. Lock replied that she was not aware of that.
City Council members asked questions of some of the presenters.
* (see below) Mr. Jim Goldammer, 5511 Sonoma Place, owner of Westgate Lanes Bowling
Alley, made a presentation regarding how the clean air bill would affect his business. He
referred to a previously distributed presentation which he provided to the Council for their
packets. Following Mr. Goldammer's presentation, several Council Members asked
questions to clarify the extent of the effects the proposed clean air bill would have on his
business.
Mr. Rob Agee, 5501 Foxfire Lane, Lohman, Missouri, owner of Madison's Cafe, also made
a presentation regarding how the proposed clean air bill would affect his business. Mr.
Agee answered questions asked by Council Members.
Mr. Matt Tellman, 1717 Hayselton Drive, owner of Mike's Corner Pocket, made a
presentation regarding how the proposed clean air bill would affect his business. He share
information that his father sent him from Tempe, Arizona, regarding how businesses in that
city were affected by a recently passed similar ordinance. Mr. Tellman also answered
questions.
COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS
REGULAR COUNCIL MEETING OCTOBER 20, 2003 4
Councilman Dan Klindt stated he appreciated the work that the Parks and Recreation
Commission does in the community.
* Mr. Jim Goldammer, made a comment from the gallery at this time stating that he had
come prepared to make a presentation on the issue of the "clean air" bill. Mayor John
Landwehr stated that the opportunity to make a presentation had already passed. Mr.
Goldammer stated that he and others in the gallery had come tonight based on what they
understood were directions from the Associate City Counselor to "just show up" and they
would be allowed to make a presentation. Mayor Landwehr explained the Council's
procedure for allowing presentations if the persons have asked to have their name placed
either on the agenda, or a list by the City Clerk. After ascertaining that there may have been
some miscommunication between citizens and staff, Mayor Landwehr asked what the
Council's pleasure was concerning this matter. The Council agreed that the citizens should
be allowed to make their presentation since the possibility of miscommunication may exist.
(see "Presentations from the Gallery" above for presentation details)
CONSENT AGENDA
The following appeared on the Consent Agenda:
a.
b.
c.
d.
Minutes of October 3, 2003, City Council "Brown Bag" Work Session
Minutes of October 6, 2003, City Council "Pre- Meeting" Work Session
Minutes of October 6, 2003, Regular City Council Meeting
Minutes of October 13, 2003, Special City Council Meeting
e. Bid 2096 - Purchase of Uniforms, Fire Department
f
g.
(RENEWAL) - Agreement with United Healthcare for Group Health
Insurance - Human Resources
(RENEWAL) - Agreement with The Standard for Group Dental
Insurance - Human Resources
(RENEWAL) - Agreement with Corporate Claims Management Inc. for
Third -Party Administrative Services
(RENEWAL) - Property, Liability and Other Insurance Coverages -
Human Resources
A motion was made by Councilman Roy Viessman for approval of the Consent Agenda as
presented, seconded by Councilman Kenneth Ferguson, and approved unanimously.
BIDS OVER $25,000
REGULAR COUNCIL MEETING OCTOBER 20, 2003 5
Bid 2026 — (Year Two Renewal) Clothing and Operational Supplies, Police Dept. — A
motion was made by Councilman Roy Viessman for approval of the bid as presented,
seconded by Councilman Dan Klindt, and approved unanimously.
BILLS INTRODUCED
Bill 2003 -120, sponsored by Councilman Ferguson, 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.
Councilman Richard Groner stated he will be voting against this because he has a problem
with the contractor, not the project.
Bill 2003 -121, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING AN AMENDED PUD PLAN FOR 2323 WEST EDGEWOOD DRIVE and 1241
WEST STADIUM BOULEVARD (JEFFERSON CITY MEDICAL GROUP).
Bill 2003 -122, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE EASEMENT RIGHTS IN THE SOUTHERN TWELVE FEET OF THE
WOODLAWN AVENUE (STREET) RIGHT -OF -WAY BETWEEN MADISON STREET AND
MONROE STREET.
Bill 2003 -123, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A STREET RIGHT -OF -WAY ON FULKERSON STREET BETWEEN
WEST MAIN STREET AND WEST HIGH STREET.
Bill 2003 -124, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING OCTOBER 20, 2003 6
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION
MEDICAL CENTER FOR PROFESSIONAL MEDICAL SERVICES.
Bill 2003 -125, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF
THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY
ORDINANCE 12181, AS MOST RECENTLYAMENDED BY ORDINANCES 13286 AND 13458.
Bill 2003 -126, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE,
CHAPTER 15, PERTAINING TO CLEAN AIR AT WORK SITES AND OTHER PUBLIC
PLACES.
Mayor John Landwehr announced that so far there are amendments to this bill which have
been distributed for informational purposes only. He asked the City Clerk to track the bills
by numbering and stating the name of the Council member proposing the amendment. He
stated the bill and associated amendments will be made available to the public at no
charge, and also asked if they could be placed on the City's web site if possible. He asked
the Council if they wished to schedule another work shop to address this issue, but no one
stated a desire to do so at this time. Mayor Landwehr asked that if the sponsor of the bill
becomes aware that the bill will be placed on the Informal Calendar, to let the Council and
staff know in advance so the public can be informed and won't show up expecting a vote
on the issue.
BILLS PENDING
Councilman Roy Viessman requested a recess; Mayor John Landwehr called for a brief
recess at this point in the meeting. The meeting reconvened after a five minute recess with
the following Council Members present:
Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Absent: Olsen and Weber
Bill 2003 -107, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING HARTFORD
LIFE FOR GROUP LIFE INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF
JEFFERSON.
Bill 2003 -107 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13631:
REGULAR COUNCIL MEETING OCTOBER 20, 2003 7
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -108, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE BY AMENDING CHAPTER 18, SECTION 18 -114 IN REGARDS TO UNLAWFUL
USE OF WEAPONS AND ADDING ONE NEW SECTION REGARDING CONCEALED
WEAPONS
Councilman Dan Klindt requested that Bill 2003 -108 be placed on the Informal Calendar
at this time.
Bill 2003 -109, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18,
CHAPTER 35, AND CHAPTER 17 OF THE CITY CODE PERTAINING TO TARGET
RANGES.
Councilman Dan Klindt requested that Bill 2003 -109 be placed on the Informal Calendar
at this time.
Bill 2003 -110, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET
AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 2003, TO OCTOBER 31, 2004, AND APPROPRIATING MONEY IN THE
CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT
DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Bill 2003 -110 was read third time by title and placed on final passage. Councilman Clyde
Angle made a motion to amend Bill 2003 -110 by deleting the $150,000 from the Parks and
Recreation budget approved at the October 14, 2003, Finance Committee meeting. The
motion was seconded by Councilman Richard Groner. Councilman Angle explained his
reasons for the motion, and a discussion was held regarding those reasons. Following the
discussion, the motion to amend was defeated by the following roll -call vote:
Aye: Angle and Groner
Nay: Berry, Ferguson, Gordon, Klindt, Viessman, and Vogel
Bill 2003 -110 was then passed by the following roll -call vote as Ordinance 13632:
Aye: Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: Angle
REGULAR COUNCIL MEETING OCTOBER 20, 2003 8
Bill 2003 -111, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGRICULTURAL LEASE AGREEMENT
WITH FISCHER GRAIN FARMS.
Bill 2003 -111 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13633:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -112, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO REAL ESTATE SALESPERSONS LICENSING FEES.
Bill 2003 -112 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13634:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -113, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI 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 IN ORDER TO INCORPORATE THE 2003 ALGOA ANNEXATION AREA INTO
THE CITY
Bill 2003 -113 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13635:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -114, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE BY REPEALING CHAPTER 12, SECTION 12 -36 DEFINING CITY WARDS AND
ENACTING ONE NEW SECTION IN LIEU THEREOF.
Bill 2003 -114 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING OCTOBER 20, 2003 9
following roll -call vote as Ordinance 13636:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -115, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING CIGNA
GROUP INSURANCE AS GROUP LONG -TERM DISABILITY INSURANCE CARRIER FOR
EMPLOYEES OF THE CITY OF JEFFERSON.
Bill 2003 -115 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13637:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -116, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12
OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO WARD BOUNDARIES
FOLLOWING ANNEXATIONS
Bill 2003 -116 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13638:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -117, 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 APPROPRIATING ADDITIONAL
FUNDS WITHIN THE MODAG, CAPITAL IMPROVEMENT SALES TAX, GENERAL FUND
AND CITY HALL TRUST FUNDS.
Bill 2003 -117 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13639:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
Bill 2003 -118, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN
REGULAR COUNCIL MEETING OCTOBER 20, 2003 10
ADJUSTMENT TO THE 2002 -2003 BUDGET BY ADDING $500,000 INTO THE GENERAL
FUND, AND REDUCING THE ROAD AND BRIDGE FUND BY $500,000.
Bill 2003 -118 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13640:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
Nay: None
INFORMAL CALENDAR
There were no items on the Informal Calendar at this time.
RESOLUTIONS
RS2003 -18 Establishing Policy Pertaining to Sponsorship (Angle, Berry, Ferguson,
Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber). Following a
brief discussion, Councilman Clyde Angle made a motion to amend by adding
the language to section 3(B), indicated in bold as follows:
B. If the bill is for a public works project which will occur solely in one
ward, than either Councilman from that ward, with the other Councilman
from the ward being named as a co- sponsor unless he or she wishes not
to be named. The City Administrator should attempt to balance such
sponsorships between the two representatives of each ward.
The motion to amend was seconded by Councilman Dan Klindt and approved unanimously.
A motion to adopt RS2003 -18, as amended, was made by Councilman Edith Vogel,
seconded by Councilman Clyde Angle and approved unanimously.
RS2003 -19 Accepting Local Law Enforcement Grant (Viessman). A motion to adopt was
made by Councilman Edith Vogel, seconded by Councilman Roy Viessman
and approved unanimously.
NEW BUSINESS
Councilman Darren Gordon made comments regarding the importance of developing
Adrian's Island to allow access to the Missouri River. He requested that a committee be
named to pursue the issue. Mayor John Landwehr stated that he would appoint such a
committee, and asked Councilman Gordon to serve as interim chair until a committee is in
place and can elect a chair. He also suggested that the committee contact members of the
committees working on the prison redevelopment issue and see if they have already done
REGULAR COUNCIL MEETING OCTOBER 20, 2003 11
any work regarding Adrian's Island. Mayor Landwehr asked any Council members
interested in serving on this committee to contact him in the next couple of weeks.
UNFINISHED BUSINESS
Councilman Clyde Angle asked if the Appointment Review Committee has met to consider
appointments to the Human Relations Commission. Mayor John Landwehr stated that he
and Councilman Vogel had been trying to set up a meeting, and that he claims
responsibility for not having been able to do so because of conflicts of schedules. He stated
he will certainly try to schedule a meeting in the next couple of weeks to get this taken care
of.
APPROVAL OF CLOSED SESSION MINUTES
The following minutes were presented to the Council for approval:
a. September 15, 2003 Closed Session Minutes
b. October 2, 2003 Closed Session Minutes
c. October 6, 2003 Closed Session Minutes
A motion was made by Councilman Roy Viessman for approval of the minutes as
presented, seconded by Councilman Edith Vogel 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)]
b. Legal Actions [Sec. 610.021.(1)]
A motion was made by Councilman Michael Berry to go into Closed Session, seconded by
Councilman Darren Gordon, and approved by the following roll -call vote at 8:35 P.M.:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, and Vogel
REGULAR COUNCIL MEETING OCTOBER 20, 2003 12
Nay: None