HomeMy Public PortalAbout20030804REGULAR COUNCIL MEETING AUGUST 4, 2003
CALL TO ORDER
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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
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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
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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
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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.