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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