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Home My Public Portal About20031103REGULAR COUNCIL MEETING NOVEMBER 3, 2003 1 CALL TO ORDER The Regular Council Meeting of November 3, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Rev. Gary Behrns, Christian Fellowship of Jefferson City, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present: Present: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Absent: *Angle A quorum was declared present. Mayor John Landwehr announced that Councilman Angle has submitted a memo requesting that Bill 2003 -126 (clean air) be placed on the Informal Calendar, and stated that anyone at the meeting who wants to make a presentation regarding that issue may choose to wait until a later meeting to make that presentation. PUBLIC HEARINGS Zoning Amendments to Permit Target Ranges — City Planner Janice McMillan made a presentation detailing the background of this zoning request. Following her presentation, no one present requested to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing concluded. COUNCIL LIAISON REPORTS There were no reports given at this time. MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer announced that the following minutes and reports have been received REGULAR COUNCIL MEETING NOVEMBER 3, 2003 2 and are on file and may be reviewed in the City Clerk's office: a. Environmental Quality Commission Annual Report b. Board of Electrical Examiners & Review, May 14 June 24, 2003 c. Transportation & Traffic Commission, September 16, 2003 d. Finance Committee, September 22 and October 7, 2003 e. Environmental Quality Commission, May 22 and July 31, 2003 f. Finance Reports for September 2003 g. Board of Adjustment, September 9, 2003 h. Public Hearing for Mural Permit, October 8, 2003 Planning & Zoning Commission, September 9, 2003 �. Pedestrian - Bicycle Task Force, August 20, 2003 k. Parks and Recreation Commission, September 8, 2003 Historic Preservation Commission, September 9, 2003 m. Housing Authority Board of Commissioners, September 16, 2003 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Roy Viessman announced a recent event supporting the Marine Corps League "Toys for Tots" campaign. He stated he and Mayor John Landwehr had participated in a parade associated with a fund - raising event. Mayor John Landwehr gave an update about the Capital City AMTRAK Friends, Inc. who greet passengers arriving in the city on AMTRAK and help answer questions and direct them to various businesses and locations. He stated that the group is doing an outstanding job, but that more volunteers are needed, and encouraged anyone interested to contact city hall. Mayor Landwehr commended the Helias High School Softball Team for achieving the Class Four State Championship. He relayed some of the individual players' statistics which contributed to the team's championship. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval: a. Police Department Telecommunications Operator — Kurt Brewer b. City Boards and Commissions: REGULAR COUNCIL MEETING NOVEMBER 3, 2003 3 Board Person Type Ward Term Expires Term Status Board of Adjustment Robert Dallmeyer, Jr. Alt 2 Sept 2004 Reappt. Board of Adjustment Rick Prather Alt 3 Sept 2004 Reappt. Board of Adjustment Chuck McPheeters Alt 3 Sept 2004 Reappt. Industrial Dev Authority Gilbert Schanzmeyer May 2008 6 year term 3'a term Police Personnel Board Patrick Murphy replaces Robinson Reg Jan. 2007 Full Police Personnel Board Paul Rockers replaces Van Ronzelen Reg Jan. 2006 Partial Prison Redevelopment Gene Bushman replaces John Landwehr Jan 2005 Planning and Zoning Gary Lock replaces Pratt Reg 5 May 2007 Partial Planning and zoning Rhonda Hoskins replaces Lock Alt 5 May 2006 Partial Economic Dev Adv Larry Schepers Oct 2005 Full Economic Dev Adv Donna White Oct 2005 Full Economic Dev Adv Jonathon Schnitzler Oct 2005 Full Economic Dev Adv Bill Gratz Oct 2005 Full Economic Dev Adv Bud Peck Oct 2006 Full Economic Dev Adv Larry Kolb Oct 2006 Full Economic Dev Adv Bob Black non- resident Oct 2006 Full Human Relations Comm Alan Joplin Oct 2004 Full Human Relations Comm Ruth Robertson Oct 2004 Full Human Relations Comm Gabriel Hulsey Oct 2005 Full Human Relations Comm Freda Cash Bady Oct 2005 Full Human Relations Comm Kojo Quartey Oct 2006 Full Human Relations Comm Alan Mudd Oct 2006 Full Councilman Roy Viessman stated he will sponsor an ordinance to add a position to the Economic Development Authority, and Councilman Kenneth Ferguson stated he will cosponsor the bill. Mayor John Landwehr asked that the ordinance be prepared for introduction at the November 17 Council meeting. REGULAR COUNCIL MEETING NOVEMBER 3, 2003 4 Mayor John Landwehr stated that the appointment of Gilbert Schanzmeyer to a third term on the Industrial Development Authority will need to be approved separately since a third term requires a two - thirds majority of the Council. Councilman Dan Klindt made a motion to approve all recommended appointments with the exception of Gilbert Schanzmeyer, who needs to be approved individually, seconded by Councilman Edith Vogel and approved unanimously. Gilbert Schanzmeyer — Industrial Development Authority. A motion was made by Councilman Edith Vogel to approve the appointment, seconded by Councilman Cliff Olsen and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS No presentations were scheduled at this time. PRESENTATIONS FROM THE GALLERY Ms. Dana Smith, 221 Dix Road, made a presentation in opposition to Bill 2003 -126. Following her presentation, she submitted a petition to the City Clerk signed by approximately 796 persons who also oppose the bill. Mr. John Britton stated that he had planned to make a presentation in opposition to Bill 2003 -126, but will postpone his presentation until a meeting when the bill is up for a vote. Mr. Ron Leone, Executive Vice - President of Missouri Petroleum Marketers and Convenience Store Association made a presentation in opposition to Bill 2003 -126, and distributed a handout with information associated with his presentation. Mr. R. C. Miller, 1838 Cedar Ridge Road, made a presentation in opposition to Bill 2003- 126. Ms. Sue Heisler, 1524 Drive, made a presentation in support of Bill 2003 -126. Mr. Wally Richter, 1628 W. Main, made a presentation in support of Bill 2003 -126. Mr. Jeff Suess, 14306 Henley, made a presentation regarding Bill 2003 -133. He asked the Council to reconsider his company's bid on the landscaping project. Mr. John Orear, 1728 Green Berry Road, made a presentation stating that he appreciated the Mayor appointing members to the Human Relations Commission because he believed the rights of smokers in the city were being violated. He urged the Council to resolve the issue of the smoking ban quickly to bring the issue to a close. Following each presentation, City Council members were given an opportunity to ask questions the presenters. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS REGULAR COUNCIL MEETING NOVEMBER 3, 2003 5 There were no comments made by the Council at this time. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of October 17, 2003, City Council "Brown Bag" Work Session b. c. Minutes of October 20, 2003, City Council "Pre- Meeting" Work Session Minutes of October 20, 2003, Regular City Council Meeting d. Minutes of City Council Workshop with CVB, October 15, 2003 e. (RENEWAL) agreement with Capital Region Medial Center for EMT Services A motion was made by Councilman Cliff Olsen to approve items (a) through (d), seconded by Councilman Kenneth Ferguson, and approved unanimously. Item (e): A motion was made by Councilman Roy Viessman for approval, seconded by Councilman Bob Weber and approved with Councilman Cliff Olsen abstaining. BILLS INTRODUCED 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 -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 -129, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING NOVEMBER 3, 2003 6 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. Councilman Cliff Olsen asked for a map with some sort of shading or markings to show where the businesses are located. 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 -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 -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 Clyde Angle arrived at the meeting at this point (7:10 P.M.) 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 -134, sponsored by Councilman Angle, entitled: REGULAR COUNCIL MEETING NOVEMBER 3, 2003 7 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 -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). Councilman Cliff Olsen moved to accept the substitute bill 2003 -135 which had been previously distributed to the Council, seconded by Councilman Michael Berry and approved unanimously. 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 -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. BILLS PENDING 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 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. Bill 2003 -120 was read third time by title and placed on final passage. Councilman Richard Groner stated he will be voting against this because he has a problem with the contractor, not the project. Bill 2003 -120 was then passed by the following roll -call vote as Ordinance 13641: REGULAR COUNCIL MEETING NOVEMBER 3, 2003 8 Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and Weber Nay: Groner 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 -121 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13642: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -122 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13643: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -133 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13644: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING NOVEMBER 3, 2003 9 Bill 2003 -124, 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 PROFESSIONAL MEDICAL SERVICES. Bill 2003 -124 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13645: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, Vogel and Weber Nay: None Abstain: Olsen 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 RECENTLY AMENDED BY ORDINANCES 13286 AND 13458. Bill 2003 -125 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13646: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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. Councilman Clyde Angle requested that Bill 2003 -126 be placed on the Informal Calendar at this time. 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 REGULAR COUNCIL MEETING NOVEMBER 3, 2003 10 USE OF WEAPONS AND ADDING ONE NEW SECTION REGARDING CONCEALED WEAPONS Councilman Dan Klindt requested that Bill 2003 -108 remain 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 remain on the Informal Calendar at this time. RESOLUTIONS There were no resolutions to come before the Council at this time. NEW BUSINESS Councilman Cliff Olsen reported on the actions taken at the recent Environmental Services Committee. He stated that the Committee voted not to approve a rate increase requested by Twehous Excavating for recycling services in the newly annexed Algoa Area because they felt the increased percentage of households did not warrant a rate increase. Councilman Richard Groner made comments regarding correspondence in the packet from him in response to information sent to the Council by Wastewater Division Director Tom Jones. Councilman Clyde Angle stated he believes, based on the report received by the Council, that the City is not following its new ordinance regarding vicious animals, and that he will be checking in this issue. UNFINISHED BUSINESS Mayor John Landwehr reminded the Council to please return the forms sent out by staff regarding their preferences on receiving citizen email. APPROVAL OF CLOSED SESSION MINUTES The following minutes were presented to the Council for approval: REGULAR COUNCIL MEETING NOVEMBER 3, 2003 11 a. October 20, Closed Session Minutes A motion was made by Councilman Kenneth Ferguson for approval of the minutes as presented, seconded by Councilman Cliff Olsen, 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. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Bob Weber to go into Closed Session, seconded by Councilman Michael Berry, and approved by the following roll -call vote at 7:35 P.M.: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None