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Home My Public Portal About20040301REGULAR COUNCIL MEETING MARCH 1, 2004 CALL TO ORDER The Regular Council Meeting of March 1, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Clyde Angle, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel, and Weber Absent: Ferguson and Viessman A quorum was declared present. Mayor John Landwehr stated that he and the City Council extended condolences to the family of Ms. Henrietta Fine who recently passed away. Ms. Fine was the sister of former City Councilman Catherine Haake, and the sister -in -law of the late City Councilman James Haake. 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. Planning & Zoning Commission, January 8, 2004 b. Economic Development Advisory Board, January 7 and January 21, 2004 c. Public Works & Planning committee, January 22, 2004 d. January 2004 Finance Reports e. CVB Reports and Minutes f. Police Personnel Board, February 5, 2004 COUNCIL LIAISON REPORTS Councilman Clyde Angle announced the March 4 Transportation and Traffic Commission REGULAR COUNCIL MEETING MARCH 1, 2004 meeting. Councilman Cliff Olsen announced the Ad Hoc Committee to Review Council Rules will meet March 2 at 5:30 PM. Councilman Cliff Olsen announced a joint City Council / Storm Water Advisory Committee meeting will be held March 9 at 5:30 PM in the Police Classroom. ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS Councilman Richard Groner announced the February 19 Public Works & Planning Committee meeting. Councilman Roy Viessman announced a Conference & Convention Center Committee meeting will be held on Tuesday, February 17, at 5:30 P.M., at which time they will go into closed session. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: a. Promotion to Police Sergeant — Officer Steve Weaver A motion was made by Councilman Cliff Olsen for approval of the appointment as recommended, seconded by Councilman Dan Klindt, and approved unanimously. Mayor Landwehr announced that the following persons will serve on two new Ad Hoc Council Committees: Committee to Review Council Rules — Councilman Cliff Olsen, Councilman Bob Weber, Councilman Darren Gordon, Councilman Clyde Angle, Fourth Ward Candidate Kevin Brown, and City Counselor Nathan Nickolaus. Committee to Review Bidding Ordinances & Procedures — Councilman Richard Groner, Councilman Cliff Olsen Councilman Bob Weber, Deputy Director of Public Works Matt Morasch, and Finance Director Steve Schlueter. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS MayorJohn Landwehr recognized Ben Licklider, Boy Scout from Presbyterian Church troop, who was present at the meeting to earn his citizenship in the community award. Mr. Mike Kehoe, Chairman of the Chamber of Commerce Board, 1618 Paddlewheel, updated the Council on activities of the Chamber. He distributed information and explained REGULAR COUNCIL MEETING MARCH 1, 2004 details of the Chamber's three -year plan. He commented that this marks the 17th year for the Leadership Jefferson City class, as well as the Good Morning Jefferson City program. Following Mr. Kehoe's presentation, the Mayor and members of the Council commended the Chamber on their contribution to our community. Ms. Angela Hirsch, 1423 Satinwood Drive, Executive Director for Missouri Mothers Against Drunk Drivers (MADD), made a presentation regarding that organization's application for a Neighborhood Action Plan (NAP) grant. She explained what the grant would be used for if awarded, and that it would not conflict with any current city programs. Following her presentation, Ms. Hirsch answered questions asked by members of the City Council. PRESENTATIONS FROM THE GALLERY The following citizens made presentations regarding a request for extension of the open season at the Washington Park Ice Arena: Ms. Joni Henderson, 2018 Meadow Lane. Ms. Henderson suggested the City consider opening the facility on August 1 each year instead of October 1. Mr. Greg Weaver, 4028 Catherine Drive, a skater, also requested that the ice arena be made accessible to the public more than it currently is. Ms. Charlene Billings, 328 Kent Street, agreed with the previous comments, and stated if the arena were open, it might generate revenue for the city in the form of persons who drive to Jefferson City to use the arena and spend money while here. Mr. Don Wilson, 414 Norris Drive, also requested that the City extend the arena hours, and stated that beginning with a couple of extra months at first, then gradually keep extending it as it becomes feasible. Mr. Rob Agee, 501 Foxfire, Lohman, Missouri, Vice - Chairman of the Convention and Visitors Bureau (CVB), stated that he agreed extended area time could also be a positive economic impact on the city. Ms. Chris Simpson, 1209 E. Dunklin, stated that those who use the arena to practice are placed at a competitive disadvantage by the reduced rink time. Following the presentations, Councilman Cliff Olsen requested that Parks & Recreation Director Bill Lockwood have a report ready for the Council on this matter. Mr. Lockwood made a few comments regarding the requests that had been made in the past, and he would provide the Council with any information needed to consider the matter. At this time, Mayor John Landwehr asked Community Development Director Pat Sullivan to give a report on the process of the updates to the Food Code. Following Mr. Sullivan's presentation, he answered questions by Members of the City Council regarding the issue of the fee structure for food facility inspections. REGULAR COUNCIL MEETING MARCH 1, 2004 Mr. Hugh Sprague, 3032 Oak Valley Drive, made a presentation regarding the Lewis and Clark Task Force. He announced that a music festival will be held on June 4. Mr. Tom Kauffman, P.O. Box 605, made a presentation regarding Bill 2003 -167 which will give the name of "Alley" to alleys located in a certain area of the City. Mr. Kauffman objected to naming them "alley" as he believed it would decrease the value of his property. Following Mr. Kauffman's presentation, he answered questions by the City Council. Mr. Rob Agee, 501 Foxfire Lane, Lohman, Missouri, owner of Madison's Cafe in Jefferson City, made a presentation regarding the recently passed Food Code. He stated that he felt basing inspection fees should be charged on a flat rate rather than on gross receipts; that the temporary owners (vendors) are charged inequitably; and that the penalties are too stringent. Following his presentation, Mr. Agee answered several questions by the Mayor and City Council. Mr. Ted Stewart, 332 Fox Creek Road, owner of the Hotel Deville and the Cafe Deville, stated he was shocked when he learned about the inspection fees because he had not heard anything about them before they went into effect. He stated he felt the restaurants should not have to pay any inspection fees. Mr. Stewart answered questions by the Mayor and City Council. Mr. John Orear, 1728 Green Berry Road, made a presentation regarding the proposed south side levee project. He stated his presentation was in answer to questions asked by Councilman Clyde Angle at a previous meeting. Following Mr. Orear's presentation, he answered questions by the City Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Clyde Angle and Councilman Richard Groner made comments regarding Mr. Orear's presentation. Councilman Groner stated his study referred to by Mr. Orear was one of five studies. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of February 13 , 2004, "Brown Bag" Work Session b. Minutes of February 16, 2004, Special Meeting c. Minutes of February 16, 2004, "Pre- Meeting" Work Session d. Minutes of February 16, Regular City Council Meeting REGULAR COUNCIL MEETING MARCH 1, 2004 e. RENEWAL - Cost Share Agreement with MidwestATC Services, Inc. for 2004 f. Bid 2122 - Ammunition, Police Dept. A motion was made by Councilman Cliff Olsen for approval of the Consent Agenda as presented, seconded by Councilman Michael Berry, and approved unanimously. BIDS OVER $25,000 a. Bid No. 2125 Rubber Track Mini Excavator - Community Development A motion was made by Councilman Bob Weber for approval of the bid as presented, seconded by Councilman Michael Berry and approved unanimously. BILLS INTRODUCED Bill 2003 -177, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING FOR EAST MCCARTY STREET / NORTH BLUFF STREET / HAYES STREET IMPROVEMENTS PROJECT. Bill 2003 -178, sponsored by Councilmen Berry and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SECTION 22 -15A, PARKING OF TRUCKS, BUSES, ETC., ARTICLE I. GENERALLY OF CHAPTER 22, PARKING, STOPPING AND STANDING. A substitute Bill 2003 -178 which was distributed prior to the meeting was read at introduction in the place of the bill which was distributed in the packets. Several questions were asked and City Counselor Nathan Nickolaus was asked for clarification of what kind of trucks will be allowed. Councilman Clyde Angle asked the co- sponsors of this bill to withdraw and refer it back to Transportation & Traffic Commission to review it. Mr. Nickolaus stated that this bill includes zoning issues which would not fall under the jurisdiction of the Transportation & Traffic Commission. Councilman Michael Berry suggested that Councilman Angle place the issue on the Transportation & Traffic Commission agenda for March 4 so the matter can discussed. Bill 2003 -179, sponsored by Councilman Groner, entitled: REGULAR COUNCIL MEETING MARCH 1, 2004 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SECTION 31 -6, GENERAL REQUIREMENTS, OF CHAPTER 31, STORM WATER MANAGEMENT BY ADDING SUBSECTION M AND SECTION 32 -9, ARTICLE I. GENERALLY, OF CHAPTER 32 STREETS AND SIDEWALKS. BILLS PENDING Bill 2003 -171, sponsored by Councilmen Angle, Weber, and Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC.; AUTHORIZING THE EXECUTION OF UTILITY RELOCATION AGREEMENTS WITH COLE COUNTY PUBLIC WATER SUPPLY DISTRICT NO. 1, THREE RIVERS ELECTRIC COOPERATIVE, AND UNION ELECTRIC COMPANY D /B /A AMERENUE; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION FOR SANITARY SEWER RELOCATION, ALL PERTAINING TO THE SOUTH COUNTRY CLUB DRIVE IMPROVEMENTS PROJECT. Bill 2003 -171 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13685: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None Bill 2003 -172, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING RIGHT -OF -WAY FOR A PORTION OF HOFFMAN DRIVE, AND CERTAIN UTILITY EASEMENTS FOR A PORTION OF THE IVENS ADDITION SECTION 2. Bill 2003 -172 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13686: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None Bill 2003 -173, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A RIGHT -OF -WAY AT THE INTERSECTION OF SCHELLRIDGE DRIVE AND COUNTRY CLUB DRIVE. Bill 2003 -173 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13687: REGULAR COUNCIL MEETING MARCH 1, 2004 Aye: Angle, Berry, Groner, Klindt, Olsen, Vogel and Weber Nay: None Abstain: Gordon Bill 2003 -174, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF YOUNG ADDITION NO. ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI Bill 2003 -174 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13688: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None Bill 2003 -175, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE TRANSIT FUND. Bill 2003 -175 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13689: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None Bill 2003 -176, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AMENDMENT WITH TRANSSYSTEMS CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES. Bill 2003 -176 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13690: Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None INFORMAL CALENDAR REGULAR COUNCIL MEETING MARCH 1, 2004 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. Councilman Richard Groner requested that Bill 2003 -166 be withdrawn at this time. 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. Councilman Richard Groner requested that Bill 2003 -167 be removed from the Informal Calendar and placed on final passage at this time. Bill 2003 -167 was read third time by title, and placed on final passage. A lengthy discussion was held regarding alternative names to "alley." Questions were asked by the Mayor and City Council of city staff Janice McMillan, Fire Chief Robert Rennick, Police Captain Jim Johnsen, and City Counselor Nathan Nickolaus. Councilman Cliff Olsen made a motion to call for the question. The motion died for lack of a second. Following further discussion, Bill 2003 -167 was defeated by the following roll -call vote: Aye: Angle, Berry, Klindt, Vogel and Weber Nay: Gordon, Groner, and Olsen 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. Councilman Clyde Angle requested that Bill 2003 -169 remain on the Informal Calendar at this time. NEW BUSINESS Councilman Clyde Angle stated that a draft resolution he plans to sponsor pertaining to Council rules has been distributed and asked any Council Members who have questions about it to contact him. Councilman Clyde Angle made comments regarding recent media attention given to Dulle- Hamilton Towers. He stated he went to both facilities and found them to be clean and did not observe any narcotic activities. Councilman Clyde Angle stated he would be considering the crime statistics provided by REGULAR COUNCIL MEETING MARCH 1, 2004 staff for discussion at a future time. Councilman Darren Gordon made comments regarding the need for a flagpole at the Ted Herron facility which houses some Veterans. He asked staff to contact the Housing Authority to see what can be done about putting up a flagpole at that location. UNFINISH ED BUSIN ESS Councilman Clyde Angle made comments regarding the cracks in the downtown sidewalks, and stated that several business owners would be at the next Council Meeting to express their concerns about the issue. Mayor John Landwehr suggested that any business owners who had such concerns may also want to contact the appropriate city department(s) to voice any concerns about this matter. Councilman Cliff Olsen suggested that the Public Works and Planning Committee meeting scheduled for March 18 be rescheduled since three members of that Committee will be absent, including the chairman, Councilman Richard Groner. City Administrator Rich Mays stated he would have staff contact the Council to come up with an alternative date. APPROVAL OF CLOSED SESSION MINUTES The following Closed Session Minutes were presented to the Council for approval: a. Minutes of February 16, 2004, (first) Closed Session b. Minutes of February 16, 2004, (second) Closed Session A motion was made by Councilman Cliff Olsen for approval of the minutes as presented, seconded by Councilman Dan Klindt, 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: Legal Actions [Sec. 610.021.(1)] Personnel [Sec. 610.021(3)] A motion was made by Councilman Cliff Olsen to go into Closed Session, seconded by Councilman Michael Berry, and approved by the following roll -call vote at 8:55 P.M.: REGULAR COUNCIL MEETING MARCH 1, 2004 Aye: Angle, Berry, Gordon, Groner, Klindt, Olsen, Vogel and Weber Nay: None