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.
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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
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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
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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