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HomeMy Public PortalAbout20031215REGULAR COUNCIL MEETING DECEMBER 15, 2003 1 CALL TO ORDER The Regular Council Meeting of December 15, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Rev. Dorene Jackson, House of Prayer, 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. Mayor John Landwehr announced that, according to a press release issued Friday, December 12, the Council will take up all issues on the agenda before the clean air issue, and that the clean air issue will not come up for discussion or vote before 7:00 P.M. PRESENTATIONS FROM THE GALLERY Mr. Sam Patterson, 801 Armory Drive, representing the Family Assistance Center for regional military personnel, made a presentation regarding that organization's availability and services. He encouraged any family of active duty military persons to contact the Center if they need assistance while their family member is deployed. The contact numbers are 573 - 638 -3863, or toll free at 877 - 236 -4168. Mayor John Landwehr commended Mr. Patterson and the important work of this organization in supporting the families of our local active -duty military personnel. 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. Plumbing Board of Review & Examiners, September 17, 2003 REGULAR COUNCIL MEETING DECEMBER 15, 2003 2 Economic Development Advisory Board, November 19, 2003 c. Parks and Recreation Commission, November 10, 2003 d. October 2003 Financial Reports e. Historic Preservation Commission, October 14, 2003 COUNCIL LIAISON REPORTS Councilman Kenneth Ferguson announced that the first meeting of the Human Relations Commission was held and that officers had been elected. The Commission has decided they will meet monthly on the second Tuesday at 5:30 P.M. in the large conference room at City Hall. Councilman Kenneth Ferguson announced that a meeting of the Capital Area Metropolitan Planning Organization (CAMPO) will be held December 19 at 12:00 P.M. in the large conference room at City Hall. Councilman Kenneth Ferguson announced the East Side Neighborhood Development Association will meet December 17 at 6:30 P.M. at the Missouri River Regional Library. Councilman Dan Klindt reported on his attendance of the Emergency Management Institute recently held in Emmitsburg, Maryland. He commended all the city's staff who attended that meeting. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no special announcements made at this time. APPOINTMENTS BY THE MAYOR No appointments were brought before the Council at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mayor John Landwehr announced that Parks & Recreation Director Bill Lockwood had planned to make a presentation, but to conserve time, he has postponed his presentation until the January 5 Council Meeting. CONSENT AGENDA The following appeared on the Consent Agenda: REGULAR COUNCIL MEETING DECEMBER 15, 2003 3 a. Minutes of December 1, 2003, City Council "Pre- Meeting" Work Session b. Minutes of December 1, 2003, Regular City Council Meeting c. Minutes of December 8, 2003, City Council Work Session with the CVB d. Approval of CVB Budget and Contract (tabled at 11 -17 meeting) Councilman Bob Weber requested that a correction be made to the December 8 Council Work Session Minutes to add his name to the list of Council Members who complimented the CVB for its work. The request for correction was noted by City Clerk Phyllis Powell. A motion was made by Councilman Cliff Olsen that the Consent Agenda be approved with the noted correction to item (c), seconded by Councilman Roy Viessman and approved unanimously. Councilman Michael Berry stated that he would ask the CVB to find another way to spend $84,000 to market and advertise Jefferson City other than billboards. Councilman Cliff Olsen agreed with Councilman Berry's statement. CONSENT MATTERS REFERRED FOR INDIVIDUAL CONSIDERATION There were no matters referred from the Consent Agenda at this time. BIDS OVER $25,000 The following bids over $25,000 were referred to the Council for approval: a. Bid 2099 — Emergency Response Vehicle, Police Dept. A motion was made by Councilman Roy Viessman to approve, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2003 -150, sponsored by Councilmen Angle and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING FUNDING FOR BUS REPLACEMENT, FACILITIES IMPROVEMENTS, AND EQUIPMENT (PROJECT #MO -03- 0096). Bill 2003 -151, sponsored by Councilmen Angle and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING FUNDING FOR BUS REPLACEMENT (PROJECT #MO -03- 0096) REGULAR COUNCIL MEETING DECEMBER 15, 2003 4 Bill 2003 -152, sponsored by Councilman Ferguson *and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CHAPTER 16, CITY OF JEFFERSON COMMISSION ON HUMAN RELATIONS, ARTICLE III, SECTION 16 -31. Councilman Weber requested that he had indicated he would like to sponsor this bill, and requested that his name be added to the bill as a cosponsor *. His name was added to the bill title in these minutes pertinent to his request. Bill 2003 -153, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE TRANSFER OF CERTAIN REAL ESTATE, DECLARING SAID PROPERTY SURPLUS AND AUTHORIZING SALE OF THE PROPERTY. Bill 2003 -154, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY AMENDING CHAPTER 18, SECTIONS 18 -114, 118, and 131 IN REGARDS TO UNLAWFUL USE OF WEAPONS. Bill 2003 -155, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN TO CLARIFY AND UPDATE LANGUAGE OF THE PLAN. BILLS PENDING Bill 2003 -147, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 BY ADDING EIGHT NEW SECTIONS REGARDING PARKING TICKETS. Bill 2003 -147 was read third time by title and placed on final passage. Councilman Olsen made comments regarding removing more short -term parking meters. Councilman Clyde Angle addressed numerous concerns he had with the bill, and stated that the main problem appeared to be a problem with collection of parking fines. Following a lengthy discussion, Councilman Bob Weber called for the question, seconded by Councilman Michael Berry and approved unanimously. Bill 2003 -147 was then passed, by the following roll -call vote, as Ordinance 13666: Aye: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, and Weber REGULAR COUNCIL MEETING DECEMBER 15, 2003 5 Nay: Angle and Vogel INFORMAL CALENDAR 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. Councilman Dan Klindt requested that Bill 2003 -130 remain on the Informal Calendar. Bill 2003 -132, sponsored by Councilman Groner, entitled: 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 remain on the Informal Calendar. *Bill 2003 -146 will be taken up at 7:00 P.M. NEW BUSINESS Councilman Roy Viessman commended the city street crew for the outstanding work they did during the recent snow storm. Councilman Bob Weber also commended the staff of Central Maintenance as well for their support of the street crew during inclement weather. Real Estate — Assistant to the City Administrator Melva Fast stated that the city owns a vacant lot located on Fredericks Lane which it purchased several years ago in anticipation of a roadway coming through that area. Since the roadway did not come to fruition, the city wishes to sell the property. Councilman Richard Groner stated the city needed to check out the storm water and also get rid of a sixty -foot right of way on the next lot. Councilman Cliff Olsen suggested that the Parks and Recreation Department look at this property to see if it would be suitable for a neighborhood "pocket park." City Administrator Rich Mays stated that he had asked the Parks Department to look at it, and they deemed it would not be suitable for such a park. A motion was made by Councilman Michael Berry to authorize the city to surplus the Fredericks Lane property in accordance with City procedures, seconded by Councilman Bob Weber and approved unanimously. The time at this point in the meeting was 6:58 P.M. Mayor John Landwehr called for a REGULAR COUNCIL MEETING DECEMBER 15, 2003 6 recess and announced that when the Council reconvenes at 7:05 P.M., it will take up the clean air issue. PRESENTATIONS FROM THE GALLERY The Council took up Presentations from the Gallery at 7:05 P.M. In Opposition to a Smoking Ban: The following persons made presentations in opposition to an ordinance which will ban smoking in public places: Ms. Pat Bergauer, Executive Director of Missouri Restaurant Association, 1810 Craig Road, St. Louis, Missouri Mr. John Pelzer, 2908 Country Club Drive, Director of Governmental Relations, Missouri Restaurant Association, Mr. Rob Agee, 5501 Foxfire Lane, Lohman, Missouri, owner of Madison's Cafe. Mr. Scott Drinkard, 3911 Route C, owner of Spectators. Mr. Matt Tellman, 1717 Hayselton Drive, owner of Mike's Corner Pocket. Mr. Allen Tatman, owner of Paddy Malone's at 700 West Main Street. Mr. Don Libby, 405 Crest Drive, owner of Bones Restaurant & Lounge. Ms. Lisa Steiner, 6107 Napa Ridge, representing Ramada Inn. Ms. Ann Pardalos, 621 Hobbs Court, owner of Alexandro's Restaurant and TG's Lounge. Mr. Helmut Steiner, 6107 Napa Ridge, owner of Das Stein Haus Restaurant Mr. John Orear, 1728 Green Berry Road, stated his comments were related to the clean air issue, but in a different way. He asked the Council to pass a resolution to state that city stationery cannot be used to promote issues such as the clean air bill. The following persons made presentations in favor of passage of an ordinance which will ban smoking in public places: Mr. Gerrit DenHartog, 2911 Sue Drive, from the United Methodist Church Task Force. At this point in the meeting, Mayor John Landwehr apologized that he had inadvertently skipped over the names of the speakers who had actually registered early enough to have REGULAR COUNCIL MEETING DECEMBER 15, 2003 7 their names on the agenda to make Presentations from the Gallery, and stated he would call on those folks at this time. The following persons made presentations in opposition to passage of an ordinance which will ban smoking in public places: Mr. Ron Leone, Executive vice - president of the Missouri Petroleum and Convenience Store Retailers, 205 E. Capitol Avenue. Mr. John Britton, 2719 Schellridge Road West. The following persons made presentations in favor of passage of an ordinance which will ban smoking in public places: Ms. Heather Wilson, 655 Hiddenwood Court, representing the American Cancer Society at 2413 Hyde Park Road. Mr. Randy Hughes, 2407 Scenic Drive. Mr. Wayne Girdner, 713 Clark Avenue. Rev. Steven Craft, 910 Geneva, New York City, retired former chaplain with the Missouri State Prison System. Following each presentation, City Council members were given an opportunity to ask questions of the presenters. At this point in the meeting, Mayor John Landwehr called for a brief recess (8:20 P.M.) COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS There were no responses made by Council at this time. INFORMAL CALENDAR Bill 2003 -146, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 15 REGARDING SMOKING IN PUBLIC PLACES. Councilman Berry requested that Bill 2003 -146 be removed from the Informal Calendar and placed on final passage at this time. Bill 2003 -146 was read third time by title and placed on final passage. Councilman Cliff Olsen made a motion to accept the "Olsen Substitute" Bill 2003 -146, seconded by Councilman Darren Gordon. Following discussion, the motion was defeated REGULAR COUNCIL MEETING DECEMBER 15, 2003 8 by the following roll -call vote. Aye: Angle, Gordon, Groner, and Olsen Nay: Berry, Ferguson, Klindt, Viessman, Vogel, and Weber Councilman Clyde Angle made a motion to accept the "Angle III Substitute" Bill 2001 -146, seconded by Councilman Michael Berry. Councilman Berry moved to amend the Angle III substitute by making the bill effective 180 days from and after the date of its passage and approval, motion to amend was seconded by Councilman Clyde Angle and approved unanimously by the following roll -call vote: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None The "Angle III" Substitute Bill 2003 -146 was then discussed at length, and was passed by the following roll -call vote, as amended, as Ordinance 13667: Aye: Angle, Berry, Ferguson, Gordon, Groner, and Olsen Nay: Klindt, Viessman, Vogel, and Weber A motion was made by Councilman Bob Weber to accept the "Weber Substitute" Bill 2003- 146, seconded by Councilman Dan Klindt. City Counselor Nathan Nickolaus explained that if this bill passes, it would supercede the "Angle III" bill which just passed. Following discussion, the "Weber Substitute" bill was defeated by the following roll -call vote: Aye: Klindt and Weber Nay: Angle, Berry, Ferguson, Gordon, Groner, Olsen, Viessman, and Vogel 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 Darren Gordon, and approved unanimously at 8:50 P.M.