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Home My Public Portal About20040202REGULAR COUNCIL MEETING FEBRUARY 2, 2004 CALL TO ORDER The Regular Council Meeting of February 2, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, 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. PUBLIC HEARINGS Map Amendment, Concept PUD Plan and Rezoning for 1.82 Acres Located at 2002 Tanner Bridge Road (Klindt) Bill 2003 -156 - Continued from 1/20/04 Council Meeting — Janice McMillan, City Planner, gave a presentation detailing the background of the planned development and requested rezoning. Following Ms. McMillan's presentation, she answered questions asked by the Council regarding the issue. At the conclusion of staff testimony, the following persons testified on the issue: In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke in favor of the proposed development. Following his testimony, Mr. Bates answered questions asked by the Council. In opposition: Mr. Jim Williams, 2007 Tanner Bridge Road, stated his objections to the proposed development. He stated that although he likes the currently proposed plan better than the previously proposed plan, but that he still has strong objections to the fact that the street will be located right in front of his house. He also commented on current storm water problems. Following Mr. Williams's testimony, he answered questions asked by Council Members. Following the public comment portion of the hearing, Councilman Michael Berry stated that REGULAR COUNCIL MEETING FEBRUARY 2, 2004 he wished to disclose that several years ago he had performed some legal services for Mr. Wiggins, a party to this development, but that he did not feel that should be reason for him not to participate in this matter unless Council objected. No objections were raised. Mayor Landwehr declared the public hearing concluded at this time. ITEMS TAKEN UP OUT OF ORDER Mayor Landwehr stated the Council wished to take up the Informal Calendar at this time. INFORMAL CALENDAR 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. Councilman Dan Klindt stated he wished to remove Bill 2003 -156 from the Informal Calendar at this time and place it on final passage. Bill 2003 -156 was placed on final passage, and passed by the following roll -call vote as Ordinance 13677: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer announced that the following minutes and reports have been received and are on file for review in the City Clerk's Office: a. CAMPO Technical Committee, December 19, 2003 b. CAMPO Board of Directors, October 16, 2003 c. Pedestrian - Bicycle Task Force, December 17, 2003 d. Public Works Committee, Auug. 21, Sept. 18, Oct. 23, and Nov. 20, 2003 REGULAR COUNCIL MEETING FEBRUARY 2, 2004 e. December Financial Statements f. Plumbing Board of Review & Examiners, November 25, 2003 g. Accountant's Compilation Report of CVB for Year Ended 2003 h. CVB Minutes and Reports COUNCIL LIAISON REPORTS There were no reports given at this time. ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS Mayor Landwehr announced that City of Jefferson Finance Department has received the Award for Excellence in Accounting. He asked City Administrator Rich Mays to present the award to Finance Director Steve Schlueter, who accepted the award on behalf of Chief Accountant Phyllis Gilpin who has worked to achieve this award for the City over the past several years. Mayor Landwehr announced that work is beginning on the annual Fourth of July event and that a committee consisting of Angie Bauer of the Chamber of Commerce, Jill Snodgrass of the Daily Planet. The Mayor stated anyone wishing to volunteer to help in this even can call either of those two women, or Bonnie Schroder at City Hall. Councilman Roy Viessman announced that a Conference & Convention Center committee meeting will be held at 5:30 P.M. on February 17, and that the committee will go into closed session at that time. Councilman Olsen inquired about the Whiteman Air Force Base tour held on February 5. Mayor Landwehr stated there will actually be two tours, one on February 5, and another one later for those who can't make it to the first one. City Planner Janice McMillan announced a Central East Side Committee workshop will be held on February 4 at 5:30 PM in the Police Classroom. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Nick Carbone made a presentation on behalf of the Lewis and Clark Task Force. He REGULAR COUNCIL MEETING FEBRUARY 2, 2004 gave a brief description of where the expedition was located at this particular time 200 years ago. Mr. Gene Bushmann, 3118 Williamsburg Way, made a presentation regarding the Highway 179 Scenic Byway designation. He distributed a handout, and indicated anyone with questions may call Scott Taylor at 751 -6774, or himself at 636 -2177. Councilman Klindt stated there was a handout that could be made available by contacting Bonnie Schroder at City Hall at 634 -6304. Mayor Landwehr requested that the City Clerk place this issue on the February 16 agenda under resolutions. PRESENTATIONS FROM THE GALLERY Ms. Ty White, 1100 West High Street, read a prepared statement containing her comments about community service and the social welfare of Jefferson City residents. Ms. Stacy Bax, 320 E. Ashley Street, Apt. 7, made a presentation regarding problems she has encountered with code enforcement in her apartment building. Following her comments, she answered questions asked by Council Members. Following Ms. Bax's comments, Mayor Landwehr asked that Community Development Director Pat Sullivan provide a report to the Council by the next meeting on issues mentioned by Ms. Bax. Councilman Clyde Angle asked for point of personal privilege to be allowed to move to item 12 on the agenda, "Council Comments in Response to Presentations" to make comments on the previous two presentations at this time. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Clyde Angle made comments regarding the presentations given by Ms. White and Ms. Bax. He stated that for a citizen to have to come before the Council to make such allegations was offensive to him, and felt that the comments made toward the Council were totally inappropriate and very offensive. Councilman Viessman stated he does not believe anyone on the Council "lacks caring" as stated in the presentations. PRESENTATIONS FROM THE GALLERY - CONTINUED Mr. Jack Jarrett, 318 Ridgeway, on behalf of the Cole County Partners for Clean Air, presented certificates of appreciation to Councilmen Angle, Berry, Ferguson, Gordon, REGULAR COUNCIL MEETING FEBRUARY 2, 2004 Groner, and Olsen for their recent vote in favor of an ordinance to ban smoking in public places in the city.. Mr. Allen Tapman, owner of Paddy Malone's in Jefferson City, announced that due to the recent attempt of the City to ban smoking in bars and restaurants that several business owners have formed the Jefferson City Bar and Restaurant Owners Association. He then presented certificates of appreciation to Councilmen Berry, Klindt, Viessman, Vogel, and Weber for voting against a ban of smoking in bars and restaurants in Jefferson City. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY - CONTINUED Following the previous two presentations from the gallery, Councilmen Klindt, Vogel, and Weber stated they were offended at Mr. Jarrett's statement that the Councilmen who voted in favor of a smoking had done so because "they had listened to their constituents and done their homework." They stated their vote reflected the fact that they had studied the issue, and voted based on that study. Councilman Olsen stated he believes that the Council should consider changing its rules to disallow presentations from the gallery which allows someone to make negative remarks directed towards a seated Council Member or a staff person. Mayor John Landwehr clarified that the Council will not be discussing the issue of real estate in tonight's closed session because a discussion will be held in open session regarding the bids on the Gundelfinger property. He suggested if a discussion of the topic needs to be discussed in closed session, the Council will do so at a later date. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of January 12, 2004, Special Council Meeting on Clean Air Issue b. Minutes of January 16, 2004, "Brown Bag" Work Session c. Minutes of January 20, 2004, "Pre- Meeting" Work Session d. Minutes of January 20, 2004,Regular City Council Meeting e. Authorizing Permissive Use of Right -of -Way at 130 East High Street f. Bid 2004 (Yr 3 RENEWAL) - Ferric Chloride, Community Development Dept. g. SS -2128 - Sole Source - Conveyor Belt Replacement Parts, Community Development City Counselor Nathan Nickolaus stated that item (e) should be corrected to reflect that the clearance requested is actually 9' rather than 7'6" as indicated on the application. A motion REGULAR COUNCIL MEETING FEBRUARY 2, 2004 for approval of the Consent Agenda, with the clarification provided by Mr. Nickolaus, was made by Councilman Cliff Olsen, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2003 -164, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE OF A TRACT OF LAND TO UNION ELECTRIC COMPANY. Bill 2003 -165, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VISU -SEWER CLEAN AND SEAL, INC. FOR BASIN 3 SANITARY SEWER REHABILITATION. Bill 2003 -166, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 2- 377 OF THE CITY CODE REGARDING BIDDING PROCEDURES. Bill 2003 -167, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING NAMES FOR UNNAMED ALLEYS AND ADOPTING "ALLEY" AS THE SUFFIX FOR EXISTING NAMED ALLEYS IN THE DOWNTOWN AND SOUTHSIDE (OLD MUNICHBURG)AREAS, AND REPEALING ORDINANCE NO. 13673, SUBSTITUTE. Bill 2003 -168, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JACOBS CIVIL, INC. REGULAR COUNCIL MEETING FEBRUARY 2, 2004 FOR CONSTRUCTION /REHABILITATION QUALITY ASSURANCE SERVICES FOR BASIN 3 SANITARY SEWER REHABILITATION.. Bill 2003 -169, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC.), SECTION 6 (REPORT TO CITY COUNCIL)OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Following the reading of Bill 2003 -169, Mayor John Landwehr called for a brief recess, at 8:00 P.M. The meeting reconvened at 8:05 P.M. with the following Council Members present: Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Absent: None Bill 2003 -170, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT WITH CHERRY CREEK LAND, LLC. BILLS PENDING Bill 2003 -161, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULES (J)AND (M), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PARKING ON PORTIONS OF CLARK AVENUE. Bill 2003 -161 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13678: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -162, sponsored by Councilmen Olsen, Viessman, Vogel, and Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS REGULAR COUNCIL MEETING FEBRUARY 2, 2004 EXCAVATING COMPANY, INC. FOR IMPROVEMENTS AT THE INTERSECTIONS OF MCCARTY STREET AT BOLIVAR STREETS, AND DIX ROAD AT INDUSTRIAL DRIVE.. Bill 2003 -162 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13679: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -163, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AMENDMENT TO STATE BLOCK GRANT PROJECT AIRE 015 -40B FOR FUNDING OF THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2003 -168 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13680: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None NEW BUSINESS Gundelfinger Property Bids: At Mayor John Landwehr's request, City Administrator Rich Mays gave the background of the city's acquisition of the property and the process to sell the property. Councilman Darren Gordon stated that due to the fact that one of the bidders is a close relative of his, he will abstain from discussion and action on this matter. Councilman Cliff Olsen asked several questions which City Administrator Rich Mays and City Counselor Nathan Nickolaus answered. Discussion was held regarding this bid and its current status and the method in which the bid was handled by the city. Councilmen Groner and Olsen stated they did not believe the city should have rejected both bids, and that the bids should have been made available to them when they asked for them after the bid opening. Mr. Mays stated he had verbally told Mr. Olsen the contents of the bids. Councilman Cliff Olsen made a motion to accept the bid submitted by Charles Prather of the Fred Vogel Insurance Agency, seconded by Councilman Richard Groner. Councilman Michael Berry stated he felt the city should discuss in closed session about what they want to see done with the property and the time frame in which they would want to see it done. Following further discussion, the motion was defeated by the following roll -call vote: Aye: Groner, Olsen, and Weber Nay: Angle, Berry, Ferguson, Klindt, Viessman, and Vogel REGULAR COUNCIL MEETING FEBRUARY 2, 2004 Abstain: Gordon Councilman Cliff Olsen asked questions about the report distributed to the Council out by Municipal Court Clerk. His questions were answered by City Counselor Nathan Nickolaus. Councilman Clyde Angle asked questions about the process for sending out summonses which were also answered by City Counselor Nathan Nickolaus. UNFINISHED BUSINESS Councilman Richard Groner made comments regarding the High Street pavement, and stated that the street is splitting apart. Community Development Director Pat Sullivan said he would get answers to Councilman Groner's questions and report back to the Council. Councilman Clyde Angle made announcements regarding a possible Council retreat and distributed a list of items he had received from Council members they would want discussed at such a retreat. Councilman Clyde Angle made comments regarding the downtown sidewalk cracks and stated he feels some sections of the sidewalks need to be totally replaced. Mayor John Landwehr suggested that this issue be placed on the agenda for the next Public Works & Planning Committee meeting. Councilman Clyde Angle made comments regarding the proposed south side levee project, and stated the city needs to come up with figures other than those provided to the Council by Councilman Groner. Mayor John Landwehr suggested getting a cost analysis and revenue sources and discuss both of those issues at the same time. Councilman Richard Groner stated he wished to clarify that the figures he had provided were not his figures, but figures submitted by the Corps of Engineers based on their review of material which Councilman Groner and former City Engineer Jack Kramer had provided to them. Mayor John Landwehr asked that someone get that information and provide it to Councilman Angle. 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. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Clyde Angle to go into Closed Session, seconded by Councilman Dan Klindt, and approved by the following roll -call vote at 9:10 P.M.: REGULAR COUNCIL MEETING FEBRUARY 2, 2004 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None