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HomeMy Public PortalAbout20031117REGULAR COUNCIL MEETING NOVEMBER 17, 2003 1 CALL TO ORDER The Regular Council Meeting of November 17, 2003, was convened at 6:08 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance. ROLL CALL 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. PUBLIC HEARINGS Rezoning of 0.96 Acres Located at 1609 Southwest Boulevard and Endorsing a Comprehensive Plan Map Amendment to Reflect Such Change (Planning and Zoning Commission Case No. P03028) (Bill 2003 -129) — City Planner Janice McMillan made a presentation detailing the background of this zoning request. Following her presentation, the following persons requested to speak in favor of, or opposition to, the proposed rezoning. IN FAVOR: Patricia Schlecte, 115 E. Circle Drive, stated her reasons for favoring the requested rezoning. Steven Depenthal, 2419 Yorktown Drive, also was in favor of the proposed rezoning. IN OPPOSITION: Robert Fischer, owner of property next door to 2419 Yorktown Drive. He states that the church bought the property, and now wants to sell it. Councilman Michael Berry stated he is a member of the church, but that he does not believe he has a conflict of interest in the matter. He stated that if any member of the Council has a problem with him voting on the issue, he would ask that they direct him not to vote using the procedure in this instance that has been using in the recent past. There being no further persons wishing to speak to this issue, Mayor John Landwehr REGULAR COUNCIL MEETING NOVEMBER 17, 2003 2 declared this public hearing concluded. Amendment to Chapter 35, Zoning Code pertaining to Home Occupations (Planning and Zoning Commission Case No. P03024) (Bill 2003 -130). City Planner Janice McMillan made a presentation detailing the background of this request. Following her presentation, the following persons requested to speak in favor of, or opposition to, the proposed rezoning. IN FAVOR: Hadley Stonner, 414 Mesa Avenue, stated he is a photographer, and he was making the request which would allow him to operate his photography business as a Home Occupation. No one wished to speak in opposition to the proposed amendment. Mayor John Landwehr declared the public hearing on this matter 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. Planning & Zoning Commission, October 9, 2003, and Special Meeting of October 23, 2003 (scheduled for approval at Thursday night P &Z, & distribution at Friday Bag meeting) Board of Adjustment, October 14, 2003 c. Transportation & Traffic Commission, October 9, 2003 Parks & Recreation Commission, October 13, 2003 COUNCIL LIAISON REPORTS Councilman Clyde Angle announced that the Transportation and Traffic Commission has been discussing the issue of traffic fines. Mayor John Landwehr announced some activities in connection with the new Human Relations Commission. Mayor Landwehr announced that the new Economic Development Advisory Board will have its first meeting on November 19. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Darren Gordon announced that the downtown businesses will host the annual "Living Windows" event on Friday night, December 5, and the Christmas Parade will be on Saturday, December 6. REGULAR COUNCIL MEETING NOVEMBER 17, 2003 3 Councilman Richard Groner announced that the Public Works and Planning Committee will be addressing downtown sidewalk cracks which have been repaired. APPOINTMENTS BY THE MAYOR The following appointments were recommended to the Council by Mayor John Landwehr for approval at this time: Police Department Appointments: Police Officer — Jason Miles and Amy Zacek -Smith Telecommunications Operator — Donna Jordan and Anna Luellen Mayor Landwehr also announced that Councilman Cliff Olsen and Councilman Bob Weber have volunteered to serve as ex officio members for the Chamber of Commerce on the Transportation & Traffic Commission and the Site Development Review Board, respectively. Following the announcement of all the recommended appointments, a motion was made by Councilman Michael Berry for approval, seconded by Councilman Cliff Olsen and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Missy Bonnot — Jefferson City Area Chamber of Commerce, gave a report on the Retail Study. Following her presentation, questions were asked by the Council about the "pull study." Councilman Clyde Angle asked questions about what it would cost to perform a new pull study, and Councilman Groner asked that Ms. Bonnot find out why the utility costs are higher in Jefferson City than neighboring other cities such as Columbia. Ms. Bonnot stated she will get that information and report back to the Council. PRESENTATIONS FROM THE GALLERY The following persons made presentations encouraging the Council to pass the clean air ordinance currently before the Council which will ban smoking in public places: Ms. Holly Burris, 1533 Hayselton Drive, a fourth grade student at West Elementary School. Ms. Laura Morris, 1924 Chicago Road Denise Zeigelbein, 8216 E. Lohman Road Annie Lemert, 2005 Timber Road Marianne Ronan, 1720 Green Berry Road REGULAR COUNCIL MEETING NOVEMBER 17, 2003 4 The following persons spoke in opposition to the clean air ordinance currently before the Council: Mr. John Orear, 1728 Green Berry Road Following each presentation, City Council members were given an opportunity to ask questions the presenters. The following persons made presentations regarding other topics: Mr. Ted Stewart, 332 Fox Creek Road, owner of the Hotel Deville, expressed his concerns with the proposed CVB budget and encouraged the Council to spend more time considering the issue before approving the budget or contract. Mr. Don Turpin, 1716 Jefferson Street, manager of the Holiday Inn Express, also urged the Council to look at the CVB budget before passing it. He felt more should be spent to fund advertising and marking the city and less on payroll, and that hoteliers should have an input on the CVB board. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS Councilman Clyde Angle responded that he did not agree with Mr. Orear's presentation regarding clean air in public places. Councilman Cliff Olsen stated he also did not agree with Mr. Orear's presentation on insurance actuaries for health issues related to second -hand smoke. Councilman Richard Groner made comments about the information that he is going to use to make his decision about the clean air issue. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of October 31, 2003, City Council "Brown Bag" Work Session b. Minutes of November 3, 2003, City Council "Pre- Meeting" Work Session c. Minutes of November 3, 2003, Regular City Council Meeting d. Approval of CVB Contract and Budget e. Approval of Change Order on Sterling Excavation Contract A motion was made by Councilman Cliff Olsen to approve items (a) through (c), and refer items (d) and (e) to individual consideration, seconded by Councilman Michael Berry, and approved unanimously. CONSENT AGENDA ITEMS REFERRED FOR INDIVIDUAL CONSIDERATION REGULAR COUNCIL MEETING NOVEMBER 17, 2003 5 d. Approval of CVB Contract and Budget A lengthy discussion was held regarding this item. A motion was made by Councilman Cliff Olsen to table item (d) for further discussion, seconded by Councilman Richard Groner and approved with Councilman Edith Vogel voting "Nay." Councilman Cliff Olsen stated the Council should have a work session to discuss the issue and then meet with the CVB, and also have a public forum. Mayor John Landwehr suggested that the public forum be held first. Councilman Edith Vogel requested a legal opinion to let the Council the Council's role in oversight of the CVB. e. Approval of Change Order on Sterling Excavation Contract Councilman Richard Groner distributed information showing how he believed bidding paperwork should be handled to track city improvements projects on a monthly basis. He made a motion to change the city's process around and do it the way he has it on the paper, seconded by Councilman Cliff Olsen. City Counselor Nathan Nickolaus explained that to do what Councilman Groner was suggesting would require an ordinance. Councilman Olsen withdrew his second and Councilman Groner withdrew his motion. Mayor John Landwehr directed staff to consider items suggested and report back. Councilman Cliff Olsen requested that an ordinance be drafted regarding the matter. Councilman Olsen then moved to approve item (e), seconded by Councilman Richard Groner and approved unanimously. BIDS OVER $25,000 Sole Source Procurement SS-2109 —Software Maintenance, Police Department. A motion was made by Councilman Cliff Olsen for approval, seconded by Councilman Kenneth Ferguson and approved unanimously. BILLS INTRODUCED Bill 2003 -138, sponsored by Councilman Viessman and Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 7- 321 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI REGARDING MEMBERS OF THE ECONOMIC DEVELOPMENT ADVISORY BOARD. Bill 2003 -139, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD RECYCLING FOR RECYCLING OF NEWSPAPER, MAGAZINES AND CARDBOARD. REGULAR COUNCIL MEETING NOVEMBER 17, 2003 6 Bill 2003 -140, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VARIOUS VENDORS FOR UPGRADE OF COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SOFTWARE. Bill 2003 -141, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH LEHMAN CONSTRUCTION FOR THE EAST HIGH STREET IMPROVEMENTS PROJECT, AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS. Councilman Richard Groner requested that the rules be suspended and Bill 2003 -141 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2003 -141 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 13648: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None Bill 2003 -142, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE Z, (RESIDENTIAL PERMIT PARKING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF LOCUST STREET. Bill 2003 -143, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -122 (WEIGHT LIMITS), PARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF A PORTION OF WALSH STREET AND LOCUST STREET. Bill 2003 -144, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SCHEDULE N (PARKING METER ZONES), AND SCHEDULE 0 (TIME ZONE D) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MILLER STREET. REGULAR COUNCIL MEETING NOVEMBER 17, 2003 7 Bill 2003 -145, sponsored by Councilmen Gordon and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL MAINSTREET FOR SNOW REMOVAL IN DOWNTOWN SIDEWALK AREA. Councilman Darren Gordon requested that the new substitute bill summary prepared and distributed be corrected to show that he is the primary sponsor. BILLS PENDING Bill 2003 -127, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF MADISON STREET. Bill 2003 -127 was read third time by title and placed on final passage. A motion was made by Councilman Richard Groner to amend the bill by add the word "to" after the words "30 feet" in the location of the loading zone. The motion to amend was seconded by Councilman Cliff Olsen and approved unanimously. Bill 2003 -127 was then passed, as amended, by the following roll -call vote as Ordinance : Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -128, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2003 TO OCTOBER 31, 2004, REFLECTING FUNDS AS APPROVED IN THE FY 2004 UNIFIED PLANNING WORK PROGRAM. Bill 2003 -128 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13650: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -129, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING NOVEMBER 17, 2003 8 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 0.96 ACRES FROM RS -2, SINGLE - FAMILY RESIDENTIAL TO C -1, NEIGHBORHOOD COMMERCIAL ADDRESSED AS 1609 SOUTHWEST BOULEVARD, LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, 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 -129 was read third time by title, placed on final passage and defeated by the following roll -call vote: Aye: Berry, Ferguson, and Viessman Nay: Angle, Gordon, Groner, Klindt, Olsen, Vogel and Weber Bill 2003 -130, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 35- 41.B., SPECIFIC USE STANDARDS OF ARTICLE IV SUPPLEMENTARY CONDITIONS OF CHAPTER 35 ZONING CODE PERTAINING TO PROHIBITED HOME OCCUPATIONS AND HOME OCCUPATIONS PERFORMANCE STANDARDS. Bill 2003 -130 was read third time by title. Councilman Cliff Olsen made a motion to accept the "Olsen Substitute Version 2" as previously distributed to the Council. The motion was seconded by Councilman Roy Viessman and approved unanimously. Councilman Olsen felt the bill was too specific and that the Council should look at other occupations as well. Following a lengthy discussion, Councilman Klindt requested that Bill 2003 -130 be placed on the Informal Calendar so that staff can provide the Council more information on the issue. Bill 2003 -131, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF EL MERCADO DEVELOPMENT - SECTION SIX, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2003 -131 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13651: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -132, sponsored by Councilman Groner, entitled: REGULAR COUNCIL MEETING NOVEMBER 17, 2003 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING NAMES FOR UNNAMED ALLEYS IN THE DOWNTOWN AND SOUTHSIDE (OLD MUNICHBURG) AREAS. Councilman Richard Groner requested that Bill 2003 -132 be placed on the Informal Calendar at this time. Bill 2003 -133, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GAINES LANDSCAPING FOR CEMETERY MAINTENANCE. Bill 2003 -133 was read third time by title and placed on final passage. Councilman Bob Weber stated his concerns with not accepting the lowest bid. Following several questions by Council of staff concerning the process for selecting the lowest and best bidder, Bill 2003 -133 was passed by the following roll -call vote as Ordinance 13652: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Viessman, and Vogel Nay: Ferguson and Weber Bill 2003 -134, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTECH AND ASSOCIATES FOR HEATING, AIR CONDITION, AND REFRIGERATION MAINTENANCE. Bill 2003 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13653: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -135, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DELETING ARTICLE IV (RETAIL FOOD STORE SANITATION) OF CHAPTER 15 (HEALTH AND SANITATION)IN ITS ENTIRETY AND DELETING CHAPTER 28 (RESTAURANTS) AND REPLACING IT WITH CHAPTER 28 (RESTAURANTS AND FOOD CODE). Bill 2003 -135 was read third time by title, placed on final passage and passed, as previously substituted at the November 3 City Council meeting, by the following roll -call vote as Ordinance 13654: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel REGULAR COUNCIL MEETING NOVEMBER 17, 2003 10 and Weber Nay: None Bill 2003 -136, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES FOR 2300 ST. MARY'S BOULEVARD. Bill 2003 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13655: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -137, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES FOR 2001 EAST MCCARTY STREET. Bill 2003 -137 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13656: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None INFORMAL CALENDAR 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 withdrawn at this time. Bill 2003 -126, sponsored by Councilman Angle, entitled: REGULAR COUNCIL MEETING NOVEMBER 17, 2003 11 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE, CHAPTER 15, PERTAINING TO CLEAN AIR AT WORK SITES AND OTHER PUBLIC PLACES. Councilman Clyde Angle requested that Bill 2003 -126 remain on the Informal Calendar at this time. RESOLUTIONS RS2003 -20 Approving a Five Year Consolidated Plan, an Action Plan ,and a Citizen Participation Plan for Submission to U.S. Department of Housing and Urban Development (Hud) (Ferguson). A motion was made by Councilman Kenneth Ferguson for approval, seconded by Councilman Roy Viessman and approved unanimously. NEW BUSINESS Councilman Richard Groner commended on Bill 2003 -129. He thinks the process needs to be cleaned up for such rezonings. Councilman Clyde Angle asked questions regarding HazMat response because the city does not have a HazMat response team. Mayor John Landwehr explained that different agencies work together when needed in this area. UNFINISHED BUSINESS Mayor John Landwehr asked City Clerk Phyllis Powell to make a report on the recently completed Ordinance Database project. Following the report, the Mayor stated that he has tried the online version and that he found some very interesting ordinances in the city's history. Mayor John Landwehr announced that the public can now contact their elected officials by email from the city's web site. He also encouraged citizens to utilize the old- fashioned telephone to contact their elected representatives. Mayor John Landwehr announced that he has recently appointed the following additional members to the ad hoc East End Planning Committee: Tom Rynard, Jim Jordan, Tammy Lootens, Steve Salamone, Bob Dallmeyer, Jr., and Charlie Brzuchalski. Councilman Clyde Angle made comments regarding the vicious animal report. City Administrator Rich Mays suggested coming back in March for more records to get a more comprehensive view on how the ordinance seems to be working. Councilman Michael Berry stated that he has prepared a draft clean air bill which he handed out at the brown bag meeting as a substitute to Bill 2003 -126, but that at this time REGULAR COUNCIL MEETING NOVEMBER 17, 2003 12 he would like to submit it as a separate bill with himself as the sponsor. He submitted the draft ordinance to the City Clerk and requested that it be assigned a number and that the agenda be amended to include this bill under "Bills Introduced" and then have the bill second read. The bill was assigned Bill No. 2001 -146. Councilman Clyde Angle objected to this. At the request of the Council, City Counselor Nathan Nickolaus gave his opinion that it would be legal to accept the bill as first read, but that to consider it second read would require a motion and vote of the majority of the Council. Councilman Michael Berry moved that the bill be second read, seconded by Councilman Bob Weber and the motion was defeated by the following roll -call vote: Aye: Berry, Klindt, Viessman, Vogel, and Weber Nay: Angle, Ferguson, Gordon, Groner, and Olsen Mayor votes "Nay" to break tie APPROVAL OF CLOSED SESSION MINUTES The following minutes were presented to the Council for approval: a. November 3, 2003, Closed Session Minutes A motion was made by Councilman Cliff Olsen for approval of the minutes as presented, seconded by Councilman Roy Viessman, and approved unanimously. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Cliff Olsen for adjournment, seconded by Councilman Kenneth Ferguson and approved unanimously at 9:35 P.M.