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HomeMy Public PortalAbout20031006REGULAR COUNCIL MEETING OCTOBER 6, 2003 CALL TO ORDER 1 The Regular Council Meeting of October 6, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, 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. Mayor Landwehr explained the process coming up about the clean air ordinance. He stated that the several persons present tonight to speak to the issue are certainly welcome to do so, but informed them that the Council will be scheduling meetings specifically on this issue as follows: Public forums at 12:00 noon and 5:30 PM on Monday, October 12; Council workshop on Wednesday, October 15, immediately following the 5:30 CVB workshop. If the Mayor cannot attend any of these sessions, Councilman Angle, as the sponsor of the ordinance, would preside at the session(s) in his absence. Mayor John Landwehr extended his condolences on behalf of the Mayor and City Council to the family of Finance Director Steve Schlueter on the death of Mr. Schlueter's father. PUBLIC HEARINGS There were no public hearings scheduled at this time. COUNCIL LIAISON REPORTS Councilman Cliff Olsen announced a Storm WaterAdvisory Committee meeting will be held on Wednesday, October 8 at 5:30 P.M. in the upper level conference room. MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING OCTOBER 6, 2003 2 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. e. f. g. h. Finance Committee, August 27 and September 11, 2003 CVB Minutes, Reports, and Agendas Housing Authority Board of Commissioners, August 12, 2003 CAMPO Technical Planning Committee, September 4, 2003 Plumbing Board of Review & Examiners, July 24, 2003 Transportation & Traffic Commission, August 7, 2003 Fire Fighter's Retirement System Board, July 16, 2003 Finance Report for August, 2003 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr presented the following appointments for Council Approval: East End Planning Ad Hoc Committee a. Councilman Michael Berry b. Councilman Kenneth Ferguson c. Juanita Donehue d. Cathy Bordner e. Charles Jackson, former City Councilman f. David Nunn g. Toni Prawl A motion was made by Councilman Roy Viessman for approval, seconded by Councilman Kenneth Ferguson, and approved unanimously. Mayor John Landwehr stated that he considers this a beginning of this committee, and hopes it will expand with more members in the future. REGULAR COUNCIL MEETING OCTOBER 6, 2003 3 REGULAR COUNCIL MEETING OCTOBER 6, 2003 4 PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Duane Schreimann, Mike Kehoe, and Bob Jones, made a report on their recent trip to Washington, D.C. to visit with Missouri Congressmen and Senators regarding issues pertinent to the Jefferson City area. City Administrator Rich Mays also went on the trip to represent the City. The group took maps, documents, and data regarding the following two issues: (1) prison redevelopment and (2) Highway 50 east -west corridor. Mr. Schreimann stated that the group felt they got a very good reception from all of Missouri's elected officials in Washington. They were told that such a unified presentation is unprecedented, and they believed that their presentation would be given due consideration by the Congressmen and Senators. Mr. Schreimann also stated that everyone who went on the trip paid their own way, which is also unprecedented. Following the report, Mr. Schreimann introduced Ms. Missy Bonnot, who has just been hired as the new Vice President of Economic Development for the Jefferson City Area Chamber of Commerce. Mr. Jim Crabtree, presented the Annual Report of the Environmental Quality Commission. Following Mr. Crabtree's oral report, he distributed copies of the summary and report to the Council. Mr. Russ Rackers, Jefferson City Wastewater Division, presented to the City an American Flag which was flown in an A -10 Thunderbolt during an Operation Iraqui Freedom combat mission over Baghdad, Iraq on April 19, 2003. He also presented a certificate signed by Major Terry Gostomski and Lt. Col. Anthony Johnson, of the 303d Expeditionary Fighter Squadron. Mr. Rackers has recently returned from deployment in Iraq. Following Mr. Rackers' presentation, the Mayor, City Council, City staff, and citizens present honored him with a standing ovation. Mr. Steve Picker, Interim Executive Director of the Jefferson City Convention and Visitors Bureau, Inc., made a presentation with Mr. Charles Brzuchalski and Mr. Steve Duncan, regarding the recently- executed five -year contract with Lincoln University for the Missouri State Track Meet to be held in Jefferson City. Mr. Picker stated this event brings in more than $500,000 to the area, and has been held in Jefferson City for the last 20 years. PRESENTATIONS FROM THE GALLERY Dr. David Marty, 5405 Wardsville Road, made a presentation regarding the effect of REGULAR COUNCIL MEETING OCTOBER 6, 2003 5 second -hand smoke on public health. He stated that according to the Environmental Protection Agency (EPA), it is 100% certain that passive sidestream smoke will cause cancer. Dr. Marty presented a folder of information to the City Clerk about the issue. Ms. Deborah Boldt, 420 E. State Street, also made a presentation in favor of banning smoking in public places. Following her presentation, she asked citizens present who were in support of a ban to stand. Mr. Jack Jarrett, 318 Ridgeway, also made a presentation in favor of banning smoking in public places. City Council members asked questions of each presenter. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS There were no comments made at this time. CONSENT AGENDA The following appeared on the Consent Agenda: a. c. d. Minutes of September 12, 2003, City Council "Brown Bag" Work Session Minutes of September 18, 2003, City Council "Pre- Meeting" Work Session Minutes of September 18, 2003, Regular City Council Meeting Minutes of September 22, 2003, Special City Council Meeting e. (RENEWAL - Year 5) Sprint, Digital 9 -1 -1 System Hardware Maintenance, Police Dept. f. Designation of Charles Lansford as Employer Representative at LAGERS Annual Meeting 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 Bid 2093 — Exercise Equipment, Wellness /Fitness Grant,Fire Dept. —A motion was made by Councilman Bob Weber for approval of the bid as presented, seconded by Councilman REGULAR COUNCIL MEETING OCTOBER 6, 2003 6 Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2003 -107, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING HARTFORD LIFE FOR GROUP LIFE INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF JEFFERSON. Bill 2003 -108, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY AMENDING CHAPTER 18, SECTION 18 -114 IN REGARDS TO UNLAWFUL USE OF WEAPONS AND ADDING ONE NEW SECTION REGARDING CONCEALED WEAPONS Councilman Dan Klindt made a motion to amend by removing all references to the Housing Authority. He stated this was at the request of the Housing Authority, who wished to write their own regulations. The motion was seconded by Councilman Cliff Olsen and approved unanimously. Councilman Clyde Angle suggested that, because as the law is written, City Council Members can carry firearms, that the Council consider passing a resolution from time to time to agree not to carry firearms. Bill 2003 -109, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18, CHAPTER 35, AND CHAPTER 17 OF THE CITY CODE PERTAINING TO TARGET RANGES. Councilman Dan Klindt made a motion to accept the Substitute Bill 2003 -109 which was previously distributed to the Council. Councilman Klindt asked City Counselor Nathan Nickolaus to explain the difference between the original and substitute bills. The motion was seconded by Councilman Cliff Olsen and approved unanimously. Bill 2003 -110, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2003, TO OCTOBER 31, 2004, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. REGULAR COUNCIL MEETING OCTOBER 6, 2003 7 Bill 2003 -111, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGRICULTURAL LEASE AGREEMENT WITH FISCHER GRAIN FARMS. Bill 2003 -112, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO REAL ESTATE SALESPERSONS LICENSING FEES. Bill 2003 -113, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI 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 IN ORDER TO INCORPORATE THE 2003 ALGOA ANNEXATION AREA INTO THE CITY Bill 2003 -114, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY REPEALING CHAPTER 12, SECTION 12 -36 DEFINING CITY WARDS AND ENACTING ONE NEW SECTION IN LIEU THEREOF. Bill 2003 -115, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING CIGNA GROUP INSURANCE AS GROUP LONG -TERM DISABILITY INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF JEFFERSON. Bill 2003 -116, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO WARD BOUNDARIES FOLLOWING ANNEXATIONS Bill 2003 -117, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE MODAG, CAPITAL IMPROVEMENT SALES TAX, GENERAL FUND REGULAR COUNCIL MEETING OCTOBER 6, 2003 8 AND CITY HALL TRUST FUNDS. Bill 2003 -118, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN ADJUSTMENT TO THE 2002 -2003 BUDGET BY ADDING $500,000 INTO THE GENERAL FUND, AND REDUCING THE ROAD AND BRIDGE FUND BY $500,000. BILLS PENDING Bill 2003 -100, 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 I.A.F.F. LOCAL 671. Bill 2003 -100 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13622: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -101, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2004. Bill 2003 -101 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13623: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -102, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO ELECTIONS. Bill 2003 -102 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13624: REGULAR COUNCIL MEETING OCTOBER 6, 2003 9 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -103, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION. Bill 2003 -103 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13625: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -104, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2003 -104 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13626: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -106, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ST. PAUL FIRE AND MARINE INSURANCE COMPANY FOR THE WALNUT STREET PUMP STATION PROJECT. Bill 2003 -13627 was read third time by title and placed on final passage. Questions came up about regarding City Council questions which had been asked at the September 22 Special Council meeting. City Counselor Nathan Nickolaus and City Administrator Rich Mays handed out information. Following review of the information, Bill 2003 -106 passed by the following roll -call vote as Ordinance 13627: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber REGULAR COUNCIL MEETING OCTOBER 6, 2003 10 Nay: None INFORMAL CALENDAR Bill 2003 -88, sponsored by Councilmen Berry and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 33 (THE SUBDIVISION CODE), ARTICLE I (GENERALLY), SECTION 33 -9 (CONSTRUCTION OF IMPROVEMENTS) OF THE CODE PERTAINING TO SIDEWALK CONSTRUCTION, GRADING OF ROAD BEDS, AND INSTALLATION OF DISABLED RAMPS. Councilman Michael Berry requested that Bill 2003 -88 be removed from the Informal Calendar and placed on final passage. Councilman Berry made a motion to amend Bill 2003 -88, Section 2, paragraph numbered 5, on page two, by adding the words "to the developer" after the phrase "of any type" in the following sentence. Current language: "...the building official shall decline to issue any further permits of any type in conjunction with the subdivision where the violation is occurring, ..." Amended language: "...the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring, ..." The motion to amend was seconded by Councilman Bob Weber and approved unanimously. Bill 2003 -88 was passed, as previously amended at the September 15, 2003, Council Meeting, and as further amended, by the following roll -call vote as Ordinance 13628: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -105, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Angle requested that Bill 2003 -105 be removed from the Informal Calendar and placed on final passage at this time. Bill 2003 -105 was read third time by title and placed on final passage. Following comments by Councilmen Groner stating his reason for opposition to this bill, City Counselor Nathan Nickolaus stated his concerns with discussing this issue in open session. Councilman Olsen also made comments regarding his reasons for opposing this bill. Following the discussion, Bill 2003 -105 was passed by the following roll -call vote as Ordinance 13629: REGULAR COUNCIL MEETING OCTOBER 6, 2003 11 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: Gordon, Groner, and Olsen RESOLUTIONS RS2003 -17 Commending City Employees Serving in Armed Forces (Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber) A motion was made by Councilman Michael Berry for adoption of RS2003 -17 as presented, seconded by Councilman Bob Weber, and approved unanimously. RS2003 -18 Establishing Policy Pertaining to Sponsorship (Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber). Following a brief discussion, RS2003 -18 was tabled to allow time to make suggested changes. NEW BUSINESS Councilman Clyde Angle made a formal request that the Historic Preservation Commission compile a comprehensive list of properties deemed historical. A City Council / CVB work session was scheduled for Wednesday, October 15 at 5:30 PM. Immediately following that, a workshop will be held to discuss the proposed clean air ordinance. Councilman Clyde Angle made comments regarding the proposed clean air ordinance. Councilman Richard Groner made comments about his memo in the packet about sewer charges. He thinks the city should be doing the activities in the memo routinely so the city has the necessary date instead hiring a consultant to perform the work. Councilman Michael Berry suggested taking up Councilman Groner's concerns at a Public Works & Planning Committee meeting. Councilman Clyde Angle asked to see what has been prepared by staff before it goes out. Councilman Michael Berry made comments regarding a fireworks permit issued to Lincoln University recently. He received calls from constituents who were apparently startled by the noise. Councilman Kenneth Ferguson stated he had applied for the permit, and that next time he will suggest that more notice to the public be given. UNFINISHED BUSINESS REGULAR COUNCIL MEETING OCTOBER 6, 2003 12 Mayor John Landwehr suggested the ad hoc committee to review Council rules should have more meetings to complete their work on reviewing and making needed amendments to the rules. Councilman Clyde Angle asked that the committee studying the parking ticket issue be reconstituted so it can get back to addressing the issue. 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: a. Legal Actions [Sec. 610.021.(1)] 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 8:20 P.M.: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None