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HomeMy Public PortalAbout20030804REGULAR COUNCIL MEETING AUGUST 4, 2003 CALL TO ORDER 1 The Regular Council Meeting of August 4, 2003, was convened at 6:00 P.M. by President Pro Tempore Cliff Olsen in the absence of 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, Gordon, Groner, Olsen, Viessman, Vogel, and Weber Absent: Ferguson and Klindt, A quorum was declared present. MAYOR'S VETO MESSAGE President Pro Tempore Cliff Olsen read the veto message prepared and distributed by Mayor John Landwehr on Bill 2003 -56. Following the message, Mr. Olsen put the question: "Shall the ordinance take effect in spite of the Mayor's disapproval ?" Since no motions were made to override the Mayor's veto, the veto is sustained. A discussion was held regarding the issue. Councilman Cliff Olsen stated that he believed the Community Development Department would be receiving sufficient funding from the increased building fees to fund the addition of mechanical and fuel gas codes and inspectors for those codes. Councilman Bob Weber stated he was disappointed that these two codes will not be added, and hoped that in the future they would be. PUBLIC HEARINGS No public hearings were scheduled. 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. b. c. d. REGULAR COUNCIL MEETING AUGUST 4, 2003 2 Pedestrian - Bicycle Task Force, June 11, 2003 Public Works & Planning Committee, June 19, 2003 Finance Committee, June 25, 2003 CVB Minutes, Agendas, and Reports COUNCIL LIAISON REPORTS Councilman Roy Viessman announced that the USS Jefferson City Submarine Committee will be meeting on August 20 and finalize their plans to bring USSJC crew members to visit Jefferson City on August 31. Councilman Clyde Angle reported that the Transportation and Traffic Commission will meet on August 7 at 8:00 A.M., and will be addressing ordinances from other communities regarding minimum fines. The Commission may make recommendations regarding this issue. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Clyde Angle announced that he was calling for a Finance Committee meeting to be held on August 11. Discussion was held regarding some scheduling conflicts; Councilman Michael Berry suggested the possibility of having Finance Committee meetings on the same night as the Public Works Committee meeting. Following the discussion, the Finance Committee meeting was scheduled for 5:30 P.M. on Wednesday, August 13. Councilman Cliff Olsen announced the Lewis and Clark Task Force will be holding a "Trading Days" event at Riverside Park on September 26 and 27. APPOINTMENTS BY THE MAYOR No appointments were recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS There were no presentations made at this time. REGULAR COUNCIL MEETING AUGUST 4, 2003 PRESENTATIONS FROM THE GALLERY 3 Ms. Glenda Fry, 2207 Brandy Lane, made a presentation on behalf of the Parks and Recreation Commission. Ms. Fry encouraged the Council to pass Bill 2003 -68 which would allow voters to eliminate the current property tax levy earmarked for parks, and replace it with a 3/8¢ sales tax as the method to fund the city's park system. Mr. John Orear, 1728 Green Berry Road, made a presentation regarding the issue of conflicts of interest in connection with the issue of the addition of a flood wall on the south side of the Missouri River in connection with the proposed levee project on the north side of the river. He stated he did not believe elected officials who own property protected by a south wall should participate in discussion or voting on the issue. Following Mr. Orear's presentation, Councilman Clyde Angle asked Mr. Orear if his web site, Jeff City Town Hall was a nonprofit organization. Mr. Orear stated that he would be happy to discuss his personal business with Councilman Angle at a later date, but that he preferred to answer questions at this time specific to his presentation. Councilman Angle asked if Mr. Orear could go to the records at the Cole County Assessor's Office to determine the property ownership in that area. Mr. Orear indicated he did not believe it was his obligation to do that, he felt elected officials should disclose that ownership themselves. Councilman Angle stated that he does own property in the area, and that he would address any issues with the City Council. COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS Councilman Clyde Angle stated he is personally offended by Mr. Orear's presentation. Councilman Edith Vogel stated she agreed with Mr. Orear, and that she has decided that she has a direct conflict of interest due to the fact that her family owns a business in the area, and she will recuse herself from all discussion or voting on the issue. Councilman Richard Groner stated that he owns property along Wears Creek and that he plans to vote in favor of the process. CONSENT AGENDA The following appeared on the Consent Agenda: a. Minutes of July 3, 2003, City Council "Brown Bag" Work Session b. Minutes of July 7, 2003, City Council "Pre- Meeting" Work Session c. Minutes of July 7, 2003, Regular City Council Meeting d. Minutes of July 18, 2003, City Council "Brown Bag" Work Session REGULAR COUNCIL MEETING AUGUST 4, 2003 4 e. Minutes of July 21, 2003, City Council "Pre- Meeting" Work Session f. Minutes of July 21, 2003, Regular City Council Meeting g. Sole Source Procurement - Vandevanter Engineering, Purchase of Pump Equipment for the Algoa Pump House Lift Station, Community Development A motion was made by Councilman Bob Weber for approval of the Consent Agenda as presented, seconded by Councilman Edith Vogel and approved unanimously. BILLS INTRODUCED Bill 2003 -61, sponsored by Councilmen Klindt and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VICIOUS ANIMALS. Bill 2003 -62, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF MISSISSIPPI STREET. Bill 2003 -63, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 (PARKING, STOPPING, AND STANDING), ARTICLE I (GENERALLY), SECTION 22 -10 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO PARKING WHEN DELINQUENT PARKING CITATIONS OR FINES ARE UNPAID. Bill 2003 -64, 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 0.28 ACRES LOCATED AT 2310 ST MARY'S BOULEVARD, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM RA -2 MULTIPLE FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL. REGULAR COUNCIL MEETING AUGUST 4, 2003 5 Bill 2003 -65, 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 31.14 ACRES ADDRESSED AS 300 - 500 BLOCK OF ROCK HILL ROAD, LOCATED IN SECTION 34, TOWNSHIP 45 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AS FOLLOWS: 2.70 ACRES FROM RC CONSERVATION TO RA -2 MULTIPLE FAMILY RESIDENTIAL;15.65 ACRES FROM M -1 LIGHT INDUSTRIAL TO RA -2 MULTIPLE FAMILY RESIDENTIAL; AND 12.79 ACRES FROM M -1 LIGHT INDUSTRIAL TO C -2 GENERAL COMMERCIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2003 -66, sponsored by Councilmen Vogel and Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO AND LYING NORTH OF THE PRESENT CITY LIMITS INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTIONS 14 AND 23 IN TOWNSHIP 44 NORTH, RANGE 11 WEST IN THE COUNTY OF CALLAWAY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Councilman Richard Groner asked who checks the work of the legal description because he has found errors in the past. Assistant to the City Administrator Melva Fast stated that she believes the legal descriptions are prepared by the city's surveyor, but that the Law Department reviews all ordinances. Bill 2003 -67, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ACROSS A PART OF LOT 150 OF DEL CERRO SUBDIVISION, SECTION SIX. Bill 2003 -68, sponsored by Councilman Angle, Vogel, Klindt, Berry, Viessman, Weber, and Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE 16 CENT PROPERTY TAX LEVIED FOR PUBLIC PARKS AND AUTHORIZING A LOCAL PARKS SALES TAX AT THE RATE OF THREE - EIGHTHS (3/8) OF ONE PERCENT, THE COLLECTION AND USE THEREOF FOR PUBLIC PARKS, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR REGULAR COUNCIL MEETING AUGUST 4, 2003 6 THEIR APPROVAL AT THE ELECTION TO BE HELD ON NOVEMBER 4, 2003. Councilman Richard Groner wanted to know if the Council will have any authority over the Parks and Recreation Commission's funds if this issue passed. He asked questions about the way the current property tax levy operates and how the proposed sales tax would operate. He wanted to know if there would be a conflict of interest if he voted on this bill if he knew his property taxes would be reduced. Councilman Bob Weber stated that the Council's vote would not be to change the tax, it would be to place the issue before the voters who would ultimately decide whether to change the tax structure. Following a lengthy discussion, Councilman Edith Vogel requested that the City's Law Department issue a legal opinion which would tell the City Council what authority, if any, the Council has or would have over the Parks and Recreation Commission. Councilman Olsen stated he would like the Law Department to also include in their legal opinion the following: The state law allows Parks to have a sales tax. Does it require it to go through a Park Board, or can it go through a City Council? Can an amendment be made to the Charter to put the Parks and Recreation Commission back under the City Council, and have the Parks Board function in an advisory capacity only? Councilman Clyde Angle requested that Councilmen Olsen and Vogel put their requests in writing for clarification and submit them to the Law Department. Bill 2003 -69, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 (LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS), ARTICLE XI (UTILITY TAX) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO UTILITY TAXES. BILLS PENDING Bill 2003 -59, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES OF A PART OF LOT NO. 23, OF PARKVIEW MEADOWS, SECTION TWO. Bill 2003 -59 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13586: Aye: Angle, Berry, Gordon, Groner, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING AUGUST 4, 2003 7 Bill 2003 -60, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 9 -1 -1 SERVICE DATA BASE AGREEMENT WITH SPRINT (UNITED TELEPHONE OF MISSOURI). Bill 2003 -60 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13587: Aye: Angle, Berry, Gordon, Groner, Olsen, Viessman, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2003 -50, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO THE FINANCIAL DISCLOSURE POLICY. Councilman Clyde Angle requested that Bill 2003 -50 remain on the Informal Calendar at this time. RESOLUTIONS There were no resolutions brought before the Council. NEW BUSINESS Councilman Roy Viessman made comments regarding Congressman Ike Skelton's presentation at the Rotary Club regarding terrorism, and the wars in Iraq and Afghanistan. Councilman Richard Groner asked when the 20 mph speed limit signs were going to be placed downtown. City Administrator Rich Mays stated that installation of those signs was imminent. Councilman Clyde Angle stated that the opening of Barnes and Noble book store is scheduled for August 27. Councilman Roy Viessman reiterated that the dates for the Lewis and Clark Task Force "Trading Days" event will be held September 26 and 27 at Riverside Park. UNFINISHED BUSIN ESS REGULAR COUNCIL MEETING AUGUST 4, 2003 8 There was no unfinished business to come before the Council at this time. APPROVE CLOSED SESSION MINUTES Minutes of July 18, 2003 and July 21, 2003, Closed Sessions — A motion was made by Councilman Michael Berry for approval, seconded by Councilman Roy Viessman, and approved unanimously. ADJOURN MENT There being no further to come before the Council at this time, a motion was made by Councilman Michael Berry for adjournment, seconded by Councilman Bob Weber, and approved unanimously at 7:20 P.M.