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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.