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HomeMy Public PortalAbout20040105REGULAR COUNCIL MEETING JANUARY 5, 2004 CALL TO ORDER The Regular Council Meeting of January 5, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Edith Vogel, followed by the Pledge of Allegiance. ROLL CAL 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'S VETO MESSAGE Ordinance 13667, Clean Air (Smoking Ban) - Mayor John Landwehr requested that his veto message be entered into the permanent record by the City Clerk. Following delivery of his veto message, the Mayor put the following question in accordance with Section 3.11(g) of the Charter of the City of Jefferson: "Shall the ordinance (or resolution, as the case may be) take effect despite the disapproval of the mayor ?" A motion was made by Councilman Clyde Angle to override the Mayor's veto and allow Ordinance 13667 to take effect despite the Mayor's disapproval, and seconded by Councilman Cliff Olsen, and was defeated by the following roll -call vote: Aye: Angle, Ferguson, Gordon, Groner, and Olsen Nay: Berry, Klindt, Viessman, Vogel, and Weber The veto was sustained. PUBLIC HEARINGS Adopting Names for Unnamed Alleys in Downtown and Southside / Old Munichburg Areas: City Planner Janice McMillan made a presentation detailing the background of this issue and explaining its impact. Following her presentation, the following citizens spoke regarding the issue: REGULAR COUNCIL MEETING JANUARY 5, 2004 In favor No one present spoke in favor of the proposed change In opposition Mr. Tom Kauffman, P 0 Box 605, Jefferson City, spoke in opposition to applying the name "alley" to the property addresses affected because he believes the name "alley" has a negative connotation. He stated there are some residences which would have an "alley" address. He stated he did not care what other name the city would use, as long as it was not "alley." Several questions were asked, and a discussion was held, by Council Members regarding Mr. Kauffman's comments. Some Council Members indicated they agreed with Mr. Kauffman's observation that "alley" can have a negative connotation. Following the conclusion of all comments on this topic, Mayor John Landwehr declared the public hearing 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 and Zoning Commission, November 13, 2003 b. c. d. e. Finance Reports for November, 2003 Economic Development Advisory Board, December 3, 2003 CAMPO Technical Planning Committee, September 23, 2003 CVB Reports and Minutes COUNCIL LIAISON REPORTS Councilman Clyde Angle announced that a Transportation and Traffic Commission meeting will be held on January 8 at 8:00 A.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no special announcements made at this time. REGULAR COUNCIL MEETING JANUARY 5, 2004 APPOINTMENTS BY THE MAYOR The following appointments were recommended by the Mayor for Council approval: Jefferson City Police Department Appointments Lieutenant — Sgt. Steve West Records Supervisor — Doug Keeney CAMPO Board: Janice McMillan A motion was made by Councilman Bob Weber to approve the appointments as recommended, seconded by Councilman Dan Klindt and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Bill Lockwood, Director of the Parks, Recreation and Forestry Department, made a Power Point presentation regarding the cross country event held in Jefferson City. Following his presentation, several Council members commended City staff and all the volunteers who work to make this event a success. Mayor John Landwehr announced that Mr. Dan Yeager from JCTV was present at the Council's request to answer questions about the renewal of their contract. The Council asked several questions about issues such as the equipment currently used by JCTV, the condition, age, and maintenance requirements for the equipment, as well as staffing. Mayor The Council also asked about the possibility of televising city board and commission meetings in addition to City Council meetings. Mr. Yeager explained what would be needed to be able to do that, and that they are not currently staffed or equipped to do so. Mr. Bryan Norman, 2818 Dwayne Drive, made a presentation on behalf of the Lewis and Clark Task Force. Ms. Carol Blaney distributed handouts containing information about the upcoming celebration of the Lewis and Clark Bicentennial. He answered questions asked by the Council. PRESENTATIONS FROM THE GALLERY Mr. John Britton, 2719 Schellridge, made a presentation regarding the clean air issue. He stated it was his opinion that not every issue should be voted on by the people, but that the representatives elected by the people should make most decisions to reflect the views of their constituency. Mr. Ron Leone, 238 Walcox Drive, Columbia, Missouri, made a presentation on behalf of the Missouri Petroleum and Convenience Store Marketers, regarding the clean air issue. He stated he would return when there is a bill finalized to make a lengthier presentation. REGULAR COUNCIL MEETING JANUARY 5, 2004 Ms. Amy Rogers, 3412 North Ten Mile Drive, Apt. 6, made a presentation regarding the clean air issue. She stated that she approached the management of the Gerbes West supermarket and requested that they ban smoking in their business. She stated that because of her request, she believes that business will go smoke -free, and stated that individual citizens can make a difference by making their requests known to local businesses. Mr. John Orear, 1728 Green Berry Road, made a presentation regarding the clean air issue, and stated that he believed the issue should be voted on by the citizens. Following his presentation, he answered questions asked by Council Members Angle and Groner. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS Mayor John Landwehr commented on the use of city stationery by Councilman Clyde Angle regarding the clean air issue. He stated that he had informed Councilman Angle that he did not believe Councilman Angle's use of the stationery was either illegal or inappropriate. He stated that Councilman Angle had requested an opinion from City Counselor Nathan Nickolaus regarding the issue as well, and asked Mr. Nickolaus to state what his finding had been. Mr. Nickolaus stated that in his opinion, the use of city stationery in this manner was not illegal, but he passed on the question of propriety. Councilman Dan Klindt commended Ms. Amy Rogers as she made a good point about how that the issue of clean air in public places can be regulated by personal choice rather than legislated by the government. Councilman Richard Groner stated that when the issue of clean air first came up, he was ambivalent, but that the more research he has personally done, the more convinced he has become that second hand smoke is bad. He referred to information he had located on the Internet from Pfizer regarding the issue. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of December 10, 2003, City Council Work Session on Clean Air b. Minutes of December 12, 2003, "Brown Bag" Work Session c. Minutes of December 15, 2003, "Pre- Meeting" Work Session d. Minutes of December 15, 2003, Regular City Council Meeting e. Authorizing Contract Renewal with Lincoln University for PublicAccess CATV Councilman Berry requested that item (e) be removed for individual consideration. Councilman Cliff Olsen made a motion to approve items (a) through (d), seconded by REGULAR COUNCIL MEETING JANUARY 5, 2004 Councilman Roy Viessman, and approved unanimously. CONSENT MATTERS REFERRED FOR INDIVIDUAL CONSIDERATION Item (e) - Authorizing Contract Renewal with Lincoln University for Public Access CATV Councilman Michael Berry stated he would like a couple more weeks to give it some more consideration. Councilman Cliff Olsen stated that there is a great service provided by JCTV and that the city gets a lot out of it for its investment. Following a lengthy discussion, a motion was made by Councilman Clyde Angle, seconded by Councilman Dan Klindt, to postpone consideration of item (e) to allow for further discussion. Councilman Kenneth Ferguson stated that if discussions are held that Lincoln University be invited as they may wish to make known their needs for additional funding for new equipment. Councilman Bob Weber asked that City Administrator Rich Mays or City Counselor Nathan Nickolaus could give the Council a report on whether the discontinuance of funding to JCTV would impact the cable franchise. At the conclusion of discussion, the motion to postpone was defeated by the following roll -call vote: Aye: Angle, Berry, Gordon, Groner, and Klindt Nay: Ferguson, Olsen, Viessman, Vogel, and Weber Mayor votes "Nay" to break tie A motion was then made by Councilman Richard Groner to approve item (e), seconded by Councilman Cliff Olsen and approved by the following roll -call vote: Aye: Angle, Gordon, Groner, Ferguson, Klindt, Olsen, Viessman, Vogel, and Weber Nay: Berry BILLS INTRODUCED Bill 2003 -156, sponsored by Councilman Klindt, entitled: 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 1.82 ACRES FROM RD, TWO FAMILY RESIDENTIAL AND RS -2 SINGLE - FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT FOR PROPERTY ADDRESSED AS 2002 TANNER BRIDGE ROAD, LOCATED IN SECTION 24, 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 -157, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, REGULAR COUNCIL MEETING JANUARY 5, 2004 AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 3.5 ACRES FROM RA -2, MULTI - FAMILY RESIDENTIAL TO C -1, NEIGHBORHOOD COMMERCIAL FOR PROPERTY ADDRESSED AS 3400 WEST TRUMAN BOULEVARD, LOCATED IN SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2003 -158, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MISSOURI STATE HISTORIC PRESERVATION OFFICER (MISSOURI DEPARTMENT OF NATURAL RESOURCES). Councilman Richard Groner stated he is concerned that a board or body can put a historic designation on someone's property without their consent. Bill 2003 -159, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 15, ARTICLE III OF THE CITY CODE REGARDING CLEAN AIR IN PUBLIC PLACES. Mayor John Landwehr asked City Administrator Rich Mays to make a report on an ongoing discussion for another clean air bill. Mr. Mays reported that nothing has been finalized, but that discussions begin on Friday, January 2, following the Brown Bag meeting, and will continue for the next several days. He suggested that the Council may want to consider having a Special Council meeting on January 12 immediately following the Finance Committee meeting. Following discussion, the Council agreed that itwould just combine the two into one meeting, a Special Council Meeting, and that all business other than the clean air issue would take place first, and the clean air issue would be brought up no earlier than 6:30 P.M. Mr. Mays stated that the Council can use the meeting to finalize a compromise ordinance which can be introduced at the January 20 Council Meeting, voted on at the February 2 meeting, and placed on the April 6 ballot to be voted on by the citizens of Jefferson City. BILLS PENDING 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 -150 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13668: REGULAR COUNCIL MEETING JANUARY 5, 2004 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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). Bill 2003 -151 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13669: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -152, sponsored by Councilmen 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. Bill 2003 -152 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13670: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None 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 -153 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13671: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING JANUARY 5, 2004 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 -154 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13672: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None *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. A motion was made by Councilman Richard Groner to accept the substitute Bill 2003 -155 which was distributed to the Council, seconded by Councilman Roy Viessman and approved unanimously. Councilman Richard Groner then asked Councilman Ferguson to place this on the Informal Calendar so that Finance Director Steve Schlueter can prepare a matrix which he has requested. He stated he does not believe he sufficiently understands this issue to his satisfaction and would like more time to review the information, and perhaps have a meeting to discuss it, before voting on it. Councilman Kenneth Ferguson requested that Bill 2003 -155 be placed on the Informal Calendar at this time. Councilman Bob Weber stated he wished to make a motion to remove Bill 2003 -155 from the Informal Calendar because he believed there had been enough discussion on this issue during the budget process to vote on it tonight. City Counselor Nathan Nickolaus clarified that since the sponsor has just placed the bill on the Informal Calendar, Councilman Weber would need to wait until the Informal Calendar category on the agenda is brought up and then make his motion at that time. 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. REGULAR COUNCIL MEETING JANUARY 5, 2004 Councilman Dan Klindt requested that Bill 2003 -130 be withdrawn at this time. He stated another bill will be introduced after additional information has been considered. 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 be removed from the Informal Calendar and placed on final passage at this time. Bill 2003 -132 was read third time by title and placed on final passage. A motion was made by Councilman Richard Groner to accept the substitute Bill 2003 -132 which had been distributed to the Council, seconded by Councilman Dan Klindt and approved unanimously. Councilman Michael Berry made a motion to amend the bill by substituting the designation of "Alley" with the designation of "Way." The motion was seconded by Councilman Cliff Olsen. A lengthy discussion was held to determine how this amendment would impact the bill's intent and the code. At the conclusion of the discussion, the motion to amend was approved by the following roll -call vote: Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel, and Weber Nay: Groner Councilman Cliff Olsen made a motion to further amend Bill 2003 -132 by giving it a 90 -day effective date, seconded by Councilman Michael Berry and approved unanimously. Mayor John Landwehr requested that this item be placed on the agenda for the first Council meeting in February so that staff can report on the issue. *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. A motion was made by Councilman Bob Weber to remove Bill 2003 -155 from the Informal Calendar and placed on final passage, seconded by Councilman Dan Klindt. A lengthy discussion was held regarding this issue. At the conclusion of the discussion, 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. REGULAR COUNCIL MEETING JANUARY 5, 2004 Mayor John Landwehr stated that he wanted to clarify that if this is to appear on the agenda for the January 12 Special Council meeting that any Council member who wants to receive any information is responsible for communicating to the appropriate persons what information they want and making sure those persons will be available to answer their questions. NEW BUSINESS Councilman Clyde Angle suggested having a retreat on a Saturday when Council Members could spend a full day discussing items of interest. Mayor John Landwehr stated this would be a good idea, but before he would call such a retreat he would need to first have a list of all items from all Council Members of the topics they wanted to see included so he could determine how long would be devoted to each issue. Councilman Richard Groner wants to have Wastewater Division Director Tom Jones at the Special Council meeting on January 12. UNFINISHED BUSINESS Councilman Clyde Angle asked for a report from the Partnership for Planned Growth regarding the annexation issue at an upcoming Council Meeting. Councilman Michael Berry and Councilman Kenneth Ferguson will report at the next Council Meeting on January 20. Councilman Clyde Angle requested a report from someone on staff regarding the status of the levee issue. Mayor John Landwehr and City Administrator Rich Mays answered Councilman Angle's questions about the issue. Councilman Clyde Angle requested to know when the convention center committee would be meeting again. Councilman Roy Viessman stated it would probably be the first week in February. Councilman Cliff Olsen suggested it might be good to have a report on the status of the prison redevelopment project. 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 Michael Berry and approved unanimously at 9:00 P.M. REGULAR COUNCIL MEETING JANUARY 5, 2004