HomeMy Public PortalAbout20040405REGULAR COUNCIL MEETING APRIL 5, 2004
CALL TO ORDER
The Regular Council Meeting of April 5, 2004, was convened at 6:00 P.M. by Mayor John
Landwehr.
Prayer was offered by Councilman Cliff Olsen, 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.
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, February 12, 2004
2. CAMPO Board of Directors, January 22, 2004
3. Plumbing Board of Review & Examiners, January 20, 2004
4. Public Works & Planning Committee, February 19, 2004
5. Economic Development Advisory Board, February 18, 2004
6. Parks & Recreation Commission July 17 & August 13, 2003, & January 12,
2004
7. Pedestrian Bicycle Task Force, February 18, 2004
8. Mary B. Heinrichs Estate Annual Report
9. CVB Reports and Minutes
Councilman Clyde Angle asked about the information he had requested regarding the votes
to go into Closed Session by the Parks and Recreations Commission. Parks & Recreation
Director Bill Lockwood stated he would check into the issue and contact Councilman Angle.
REGULAR COUNCIL MEETING APRIL 5, 2004
COUNCIL LIAISON REPORTS
No reports were given at this time.
ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS
Councilman Kenneth Ferguson announced that the Human Relations Commission will meet
April 13 at 5:30 PM at City Hall.
Mayor John Landwehr presented the following proclamations:
Proclamation Recognizing Lincoln University Track Team Achievements. Following the
reading of the proclamation by Mayor Landwehr, Members of the Lincoln University
Women's Track Team were present to accept the proclamation and introduced themselves
to the audience. The Mayor and City Council commended the athletes on their
achievements.
Proclamation Declaring April Fair Housing Month. Mayor John Landwehr read the
proclamation as prepared and submitted by staff.
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments to the Council for their
approval:
a. Police Communications Operator — Steve Rechenmacher
A motion was made by Councilman Bob Weber to approve the appointment, seconded by
Councilman Roy Viessman and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
Mr. Charlie Palmer (1260A Duane Swift Parkway) and Ms. Janet Maurer (317 Hickory
Street) made presentations on behalf of the Lewis and Clark Task Force, and invited
citizens to attend an art exhibit showing items related to the Lewis & Clark celebration.
PRESENTATIONS FROM THE GALLERY
Mr. Tom Kauffman, P.O. Box 605, made comments in objection to renaming Hess Way as
Hess Alley. Following his comments, Councilman Clyde Angle asked several questions of
Mr. Kauffman about his background.
Ms. Theresa Hyatt, 818 Harvest Drive, spoke in favor of extending the season at the
REGULAR COUNCIL MEETING APRIL 5, 2004
Washington Park Ice Arena.
Following the presentation, Councilman Dan Klindt made a motion to bring up Bill 2003 -188
at this time in the meeting since there were several citizens present at the meeting who
were interested in that bill. The motion was seconded by Councilman Michael Berry and
approved unanimously.
Bill 2003 -188, sponsored by Councilman VOGEL, Berry, Viessman, Ferguson, and Klindt,
entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ENABLING THE PARKS AND
RECREATION COMMISSION TO EXTEND THE 2004 ICE ARENA OPERATING SEASON BY
AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI AND BY
APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE PARKS AND
RECREATION FUND FOR THAT PURPOSE.
Councilman Cliff Olsen made a motion to accept the Substitute Bill 2003 -188 which was
distributed to the Council, which had the following title:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ENABLING THE PARKS AND
RECREATION COMMISSION TO EXTEND THE 2004 ICE ARENA OPERATING SEASON BY
AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI AND BY
APPROPRIATING ADDITIONAL FUNDS FROM THE PARKS FUND BALANCE TO THE PARKS
AND RECREATION FUND FOR THAT PURPOSE.
The motion to accept the substitute was seconded by Councilman Michael Berry and
approved unanimously. Councilman Cliff Olsen explained that the funding would be taken
from the Parks and Recreation fund balance rather than the General Fund. Councilman
Richard Groner asked Finance Director Steve Schlueter questions about when the Parks
and Recreation funds were available. Following Mr. Schlueter's answers, Councilman Clyde
Angle stated he was disappointed in what he termed as "spin" which he stated were
contained in the press release issued by the Parks and Recreation Department regarding
this issue, and indicated the reasons why he would be voting against the bill. At the close
of the lengthy discussion, Substitute Bill 2003 -188 was passed by the following roll -call vote
as Ordinance 13696:
Aye: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and
Weber
Nay: Angle
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Clyde Angle stated he had comments in response to Mr. Kauffman's
presentation, but he would defer those comments until the bill is brought up for vote later
in the meeting.
CONSENT AGENDA
REGULAR COUNCIL MEETING APRIL 5, 2004
The following items were brought before the Council for approval by Consent:
a. Minutes of March 12 , 2004, "Brown Bag" Work Session
b. Minutes of March 15, 2004, "Pre- Meeting" Work Session
c. Minutes of March 15, Regular City Council Meeting
d. Minutes of March 9, 2004 City Council - StormwaterAdvisory Committee Joint
Meeting
e. Bid 2126 - Street Marking Paint, Community Development Department
Bid 2078 - (RENEWAL) Wastewater Utility Locating Services, Great Plains
Locating Services, Community Development Department
Bid 2058 - (RENEWAL) Radio Maintenance, All City Departments
(RENEWAL) Agreement with Cole County Residential Services for
Transportation Services
Mayor John Landwehr stated that Council had indicated they wished to consider items (f)
and (h) individually, so he would entertain a motion to approve all items on the Consent
Agenda with the exception of (f) and (h) at this time. Councilman Kenneth Ferguson made
a motion to approve the Consent Agenda with the exception of items (f) and (h), seconded
by Councilman Bob Weber and approved unanimously.
g.
CONSENT AGENDA ITEMS REFERRED FOR INDIVIDUAL CONSIDERATION
(f)
Bid 2078 - (RENEWAL) Wastewater Utility Locating Services, Great Plains Locating
Services, Community Development Department
Councilman Richard Groner asked questions of Wastewater Division Director Tom Jones
regarding the performance of this company. Mr. Jones stated that there had initially been
a few problems but that he believed those had been resolved and that things were going
more smoothly at this time. Mayor John Landwehr asked Mr. Jones to ascertain that the
paint being used to mark the locations of utilities in the newly renovated downtown area
would not be the type of paint that would remain visible for several years. Following the
discussion, a motion was made by Councilman Richard Groner to approve item (h),
seconded by Councilman Cliff Olsen and approved unanimously.
(h) (RENEWAL) Agreement with Cole County Residential Services for Transportation
Services.
Councilman Michael Berry announced that he has a conflict of interest with this item since
the contractor is a client of his, and that he would be abstaining from all discussion and
voting on the issue. A motion was made by Councilman Cliff Olsen to approve item (h),
seconded by Councilman Roy Viessman and approved with Councilman Michael Berry
REGULAR COUNCIL MEETING APRIL 5, 2004
abstaining.
BILLS INTRODUCED
Bill 2003 -189, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY
BY BID.
Bill 2003 -190, 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 1.29 ACRES LOCATED AT 715 AND 719 SWIFTS
HIGHWAY, LOCATED IN SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST,
JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM RS -2 SINGLE FAMILY
RESIDENTIAL TO N-0 NEIGHBORHOOD OFFICE.
Bill 2003 -191, 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 1.42 ACRES FROM RS -2 SINGLE - FAMILY RESIDENTIAL
TO RD MEDIUM DENSITY RESIDENTIAL ATTACHED FOR PROPERTY LOCATED AT
115 BROOKDALE DRIVE, LOCATED IN SECTION 22, TOWNSHIP 44 NORTH, RANGE
11 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 -192, 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 5.66 ACRES FROM RS -3, SINGLE - FAMILY RESIDENTIAL
TO C -O, OFFICE COMMERCIAL FOR PROPERTY LOCATED AT 2215 WEST MAIN,
LOCATED ON PART OF LOTS 1 THROUGH 7 OF BUSCHS SUBDIVISION, JEFFERSON
CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE
DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH
CHANGE.
Bill 2003 -193, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
REGULAR COUNCIL MEETING APRIL 5, 2004
35, ZONING CODE; SPECIFICALLY, SECTION 35- 51.A., DENSITY AND DIMENSIONAL
STANDARDS.
Bill 2003 -194, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, ZONING CODE; SPECIFICALLY, SECTION 35 -28, LAND USE MATRIX.
Bill 2003 -195, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF CREEK MEADOW SUBDIVISION, ASUBDIVISION OF
THE CITY OF JEFFERSON, MISSOURI.
Mayor John Landwehr asked City Planner Janice McMillan to clarify the Council's options
regarding the staff's recommendation to disapprove the requested sidewalk variance. Ms.
McMillan explained how the Council could handle the bill based on the recommendations
by the Planning & Zoning Commission and also take into account staff's recommendations.
Bill 2003 -196, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF ELM EXECUTIVE PLAZA, SECTION ONE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2003 -197, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
STOKES ELECTRIC CO. FOR ELECTRICAL SERVICES.
Bill 2003 -198, sponsored by Councilmen Groner and Olsen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
BURNS & MCDONNEL FOR STORMWATER MASTER PLAN CONTRACT PHASE IV,
AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO FUND THE AMENDMENT.
Bill 2003 -199, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
REGULAR COUNCIL MEETING APRIL 5, 2004
VISU -SEWER CLEAN AND SEAL, INC., FOR SANITARY SEWER REHABILITATION.
Bill 2003 -200, sponsored by Councilman VOGEL and Gordon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MISSOURI
STATE EMERGENCY MANAGEMENT AGENCY AND AUTHORIZING SUPPLEMENTAL
APPROPRIATION OF GRANT FUNDS.
Bill 2003 -201, 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 RECLASSIFYING POSITIONS
WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT.
Councilman Clyde Angle stated he was requesting that the rules be suspended at staff's
request so that Bill 2003 -201 could be third read and placed on final passage. Following
a lengthy discussion and numerous questions asked by Council Members, Councilmen
Groner, Olsen, and Berry stated their objections to suspension of the rules. Mayor John
Landwehr declared that since two or more Council Members have objected, the rules
cannot be suspended at this time and Bill 2003 -201 will be taken up at the next Council
Meeting.
Bill 2003 -202, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF A RIGHT -OF -WAY OF AN ALLEY NEXT TO 108
DOEHLA LANE AND RESERVING UTILITY EASEMENTS.
BILLS PENDING
Councilman Michael Berry made a motion that Bill 2003 -187 be moved up for consideration
at this time since there were citizens present interested in that particular bill, the motion was
seconded by Councilman Clyde Angle and approved unanimously.
Bill 2003 -187, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING NAMES
FOR UNNAMED ALLEYS AND REPEALING ORDINANCE NO. 13673, SUBSTITUTE.
Councilman Richard Groner made a motion to change Hess Alley to Hess Strasse,
seconded by Councilman Kenneth Ferguson. Following discussion, a motion was made by
Councilman Cliff Olsen to amend the motion to rename all alleys in the bill to "Strasse" as
well. The motion was seconded by Councilman Roy Viessman. Following further
REGULAR COUNCIL MEETING APRIL 5, 2004
discussion, Councilman Cliff Olsen withdrew his motion and Councilman Roy Viessman
withdrew his second. Councilman Richard Groner withdrew his original motion and
Councilman Kenneth Ferguson withdrew his original second. Councilman Cliff Olsen moved
to call for the question, seconded by Councilman Kenneth Ferguson, and the motion was
approved by the following roll -call vote:
Aye: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and
Weber
Nay: Angle
Bill 2003 -187 was then defeated, as previously amended at the March 15 City Council
Meeting, by the following roll -call vote:
Aye: Klindt, Vogel, and Weber
Nay: Angle, Berry, Ferguson, Gordon, Groner, Olsen, and Viessman
Bill 2003 -180, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF JULMAR SUBDIVISION, SECTION THREE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2003 -180 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13692:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -181, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY
AS SURPLUS AND AUTHORIZING DISPOSAL BY MAKING AVAILABLE FOR TRADE.
Bill 2003 -181 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13693:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -182, sponsored by Councilman Angle, entitled:
REGULAR COUNCIL MEETING APRIL 5, 2004
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES),
OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED
PARKING SPACE ON A PORTION OF WASHINGTON STREET.
Bill 2003 -182 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13694:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, and
Weber
Nay: None
Abstain: Vogel
Bill 2003 -183, sponsored by Councilman Olsen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND
VAUGHAN CONSTRUCTION CO., INC. FOR BELAIR SIDEWALK PROJECT, PHASE II.
Bill 2003 -183 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13695:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -184, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2,
ARTICLE II, DIVISION 2 OF THE CITY CODE PERTAINING TO CITY COUNCIL RULES
AND PROCEDURES.
Bill 2003 -184 was read third time by title and placed on final passage. Following discussion,
Bill 2003 -184 was defeated by the following roll -call vote:
Aye: Angle, and Ferguson,
Nay: Berry, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber
INFORMAL CALENDAR
Bill 2003 -179, sponsored by Councilman Groner, entitled:
REGULAR COUNCIL MEETING APRIL 5, 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.
Councilman Richard Groner stated he wished Bill 2003 -179 to remain on the Informal
Calendar at this time.
Bill 2003 -185, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32,
ARTICLE IV, DIVISION 2, OF THE CITY CODE REGARDING MAINTENANCE AND
REPAIR OF SIDEWALKS BY THE ADJOINING PROPERTY OWNER.
Councilman Angle requested that Bill 2003 -185 be removed from the Informal Calendar and
placed on final passage at this time. Bill 2003 -185 was read third time by title and, following
discussion, defeated by the following roll -call vote:
Aye: Angle
Nay: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and
Weber
NEW BUSINESS
Councilman Roy Viessman stated he has received numerous calls regarding the prices of
gasoline in Jefferson City, and made a motion that staff be directed to ask the Attorney
General's office why gas prices were higher in Jefferson City than in other surrounding
areas. The motion was seconded by Councilman Kenneth Ferguson. Several Council
Members reminded Councilman Viessman that the Attorney General's office had already
performed a study and issued an opinion regarding this matter. At the conclusion of
discussion, the motion was defeated by the following roll -call vote:
Aye: Viessman
Nay: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Vogel, and Weber
Councilman Darren Gordon reminded the citizens of Jefferson City to vote in tomorrow's
elections.
Councilman Clyde Angle asked staff about the status of the Sunset Lake project. City
Counselor Nathan Nickolaus stated he is not familiar with that project but that he will get
together some information and get back to Councilman Angle.
REGULAR COUNCIL MEETING APRIL 5, 2004
Councilman Clyde Angle stated he is calling a Finance Committee meeting for Monday,
April 12 at 5:30 PM. Councilman Michael Berry asked what topics would be discussed and
Councilman Angle stated he would contact the Council to let them know what the agenda
will be.
UNFINISHED BUSIN
ESS
There was no Unfinished Business brought forward at this time.
ADJOURNMENT
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 8:50 PM.