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HomeMy Public PortalAbout20040816REGULAR COUNCIL MEETING AUGUST 16, 2004 CALL TO ORDER The Regular Council Meeting of August 16, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Roy Viessman, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, Vogel and Weber Absent: None A quorum was declared present. ELECTION OF WARD TWO COUNCILMAN A motion was made by Councilman Bob Weber that the nomination of Jonathon Schnitzler as Ward Two Councilman be approved, seconded by Councilman Edith Vogel, and approved unanimously by the following roll -call vote: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, Vogel and Weber Nay: None Following the election, the oath of office was administered by City Clerk Phyllis Powell, and Councilman Schnitzler assumed his seat on the City Council. PUBLIC HEARINGS The City Council indicated they will be taking up the pending bill associated with each public hearing at the conclusion of each hearing. Rezoning 424 Stadium Boulevard from RD and RA -2 to C -O City Planner Janice McMillan made a staff presentation explaining the background of the requested rezoning. Following her presentation, no one present came forward to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded. REGULAR COUNCIL MEETING AUGUST 16, 2004 Bill 2004 -51, sponsored by Councilman Brown, 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 9.55 ACRES LOCATED AT 424 STADIUM BOULEVARD, LOCATED IN SECTION 18, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, FROM RD ONE AND TWO FAMILY RESIDENTIAL AND RA -2 MULTIPLE FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL. Bill 2004 -51 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13760: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None Rezoning 705 Swifts Highway and 1216 Jefferson Street from C -2 to RS -2 City Planner Janice McMillan made a staff presentation explaining the background of the requested rezoning. Following her presentation, no one requested to speak in opposition, but the following citizen came forward to speak in favor of the proposed rezoning: In favor Mary Winter, 715 Swifts Highway, spoke briefly on behalf of the owners of the property. She gave the Council information about the reasons the owners requested the rezoning. No one asked Ms. Winter questions following her presentation Bill 2004 -52, sponsored by Councilman Brown, 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 1.96 ACRES LOCATED AT 705 SWIFTS HIGHWAY AND 1216 JEFFERSON STREET, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM C -2 GENERAL COMMERCIAL TO RS -2, SINGLE FAMILY RESIDENTIAL. Bill 2004 -52 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13761: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber REGULAR COUNCIL MEETING AUGUST 16, 2004 Nay: None Authorizing Text Amendment to Chapter 35, Zoning; Exhibit 35 -28, Land Use 3.B. Lodging, adding hotels and motels with building areas of 50,000 square feet m/I as a "P" permissive use in the C -1 zoning district City Planner Janice McMillan made a staff presentation explaining the background of the proposed text amendment. Following her presentation, no one requested to speak in opposition, but the following citizens came forward to speak in favor of the proposed rezoning: In favor Gerard Rockers, 210 Tanner Bridge Road, spoke on behalf of the Pope Family Trust, the property owners. Spike Ehrhardt, 4212 Western Road, Hannibal, MO, spoke on behalf of the developers. He explained the scope of the development. Mike Bates, Central Missouri Professional Services (CMPS), handed out two visuals that showed the proposed project. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded. Bill 2004 -53, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE; SPECIFICALLY, EXHIBIT 35 -28, LAND USE MATRIX. Bill 2004 -53 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13762: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None 2004 Property Tax Levy Finance Director Steve Schlueter made a presentation explaining the proposed rates for this year's levy. He stated the ordinance has to be certified to the County by September 1. Following Mr. Schlueter's presentation, and questions by the City Council, the following persons spoke regarding the issue: Mr. Tony Hiesberger, 1034 Carousel Drive. Mr. Hiesberger distributed handouts suggesting that the city should be receiving a portion of sales taxes collected inside the city by Cole County. He asked Mayor John Landwehr to REGULAR COUNCIL MEETING AUGUST 16, 2004 appoint a committee to "lobby" the County on behalf of the City and to make sure the City is receiving what he believes the City should be receiving. Following Mr. Hiesberger's presentation, he answered questions asked by various Council Members. Mr. Larry Vincent, 1744 Brookside Boulevard, spoke on behalf of the Parks and Recreation Commission. He stated the Parks Department has been underfunded for several years, operating with used and outdated equipment, and that they would like to see an increase in the Parks tax levy. He encouraged the City Council to consider their request. 2004 -2005 City Budget Finance Director Steve Schlueter gave a summary of the Mayor's 2004 -2005 budget, and announced that the Council and Finance Committee will be having several meetings in the next few weeks to discuss the budget and consider each of the recommendations. Mayor John Landwehr invited members of the media and public to attend as many of those meets as they may be interested in, and if they have input to please get that to staff. No one present requested to speak on the issue of the budget. Mayor John Landwehr declared the public hearing concluded. Gross Receipts Utility Tax Finance Director Steve Schlueter explained briefly the issue of gross receipts utility tax, and the rate at which it currently is set. No change in the rate is proposed for this year. Following Mr. Schlueter's comments, no one present requested to speak on the issue. Mayor John Landwehr declared the public hearing concluded. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr 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. CAMPO Technical Committee Meeting, June 3, 2004 b. Board of Adjustment, June 8, 2004 c. July 2004 Finance Statements d. Transportation & Traffic Commission, July 8, 2004 e. Housing Authority Board of Commissioners, June 25, 2004 COUNCIL LIAISON REPORTS REGULAR COUNCIL MEETING AUGUST 16, 2004 Councilman Bob Weber asked Council Members to mark their calendars for dates of Finance Subcommittee Meetings which will be held in the next few weeks to discuss the 2004 -2005 budget. He announced the schedule and announced the members of each subcommittee as follows: Community Development Subcommittee: Martin (Chair), Crane, and Harvey Public Safety Subcommittee: Brown (Chair), Viessman, and Schnitzler Admin. & Parks Subcommittee: Ferguson (Chair), Vogel, and Berry City Administrator Rich Mays suggested that staff give a brief overview of the entire budget process at the first two subcommittee meetings. The Council agreed that would be helpful. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced that the following persons have agreed to serve on an Ad Hoc Interview Committee to review applications for lobbyist: Councilman Brian Crane, City Administrator Rich Mays, City Counselor Nathan Nickolaus, Greg Gaffke from Sprint, former Mayor George Hartsfield, and Missouri Municipal League President Gary Markenson. Mayor John Landwehr recommended the following appointments to City Boards and Commissions: Board Appointee Term Prison Redevelopment Mark Schreiber Mar 2007 Trans & Traffic Tony Wall June 2007 Trans & Traffic Jason Gerling June 2007 Trans & Traffic Frank Rycyk June 2007 Submarine Vince Owens June 2007 Submarine Melody Green June 2007 A motion was made by Councilman Bob Weber for approval of the appointments as recommended, seconded by Councilman Michael Berry and approved unanimously. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Mayor John Landwehr announced that Ms. Melody Green of the USS Jefferson City Submarine Committee had called him to request volunteers to help with activities during the October visit by crew members of the USS Jefferson City Submarine. Anyone interested in helping with that can call City Hall and leave a message for the Mayor and he will see that REGULAR COUNCIL MEETING AUGUST 16, 2004 Ms. Green gets it. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Assistant Fire Chiefs, Jefferson City Fire Department Dennis Horn Doug Strope Bill Barbour The three Assistant Fire Chiefs made a presentation explaining briefly what duties their respective position(s) involve and their background with the Jefferson City Fire Department. Mr. Horn stated that in 1972 when he started work for the JCFD, the department received approximately 600 calls per year, which were for fire only. Today the department receives approximately 3,500 calls per year, which now includes not only fire calls, but emergency responder calls. Dr. Walter Schroeder made a presentation regarding Resolution RS2004 -6 which will establish a sister -city relationship between Jefferson City and Muenchburg, Germany. He stated that the German documents declared a "partner city" relationship instead of "sister city." Dr. Schroeder gave a brief historical sketch of the German heritage of the area of Jefferson City now known as "Old Munichburg." Several members of the Old Munichburg Association were present at the meeting and were recognized. Following Dr. Schroeder's presentation, the Council indicated they wished to take up Resolution RS2004 -6 at this time. RS2004 -6 Sister City Affiliation with Muenchberg, Germany (Vogel). Councilman Dean Martin made a motion to amend the Resolution to designate it as a "Partnership City" instead of sister city to be consistent with the German translation. The motion was seconded by Councilman Roy Viessman and approved unanimously. A motion was then made by Councilman Kevin Brown to adopt RS2004 -6 as amended, seconded by Councilman Brian Crane and approved unanimously. Mr. Dan Roling made a presentation on behalf of the 4t" of July Celebration, "Salute to America 2004." He stated that this year, Jefferson City had Missouri's largest fireworks used in their display, including the much larger cities of Kansas City and St. Louis. The Mayor and City Council Members commended Mr. Roling and his committee for their successful event, and Mr. Roling encouraged citizens interested in helping out in next year's event to let the committee know of their interest. Mr. Dale Siebeneck, 2908 Wakoda Drive, representing Evers and Company, made a REGULAR COUNCIL MEETING AUGUST 16, 2004 presentation regarding the city's annual audit. He briefly summarized the audit, and stated the City had received full copies of the audit. There were no questions following the presentation. PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: July 30 Brown Bag, and August 2 Pre - Meeting and Regular Meeting Authorizing Correction to July 19, 2004 City Council Meeting c. Bid 2159 - Protective Clothing, Bunker Gear, Fire Dept. Sole Source 2036 - RENEWAL (Year 3), Biological Process for Hydrogen Sulfide (Odor) Control, Wastewater Division A motion was made by Councilman Bob Weber for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BIDS OVER $25,000 The following bids over $25,000 were presented to the Council for approval: a Bid 2155 - Dry Polymer, Community Development b. Bid 2160 - Concrete and Concrete Products, Community Development & Parks & Recreation c. Bid 2162 - Four -Wheel Drive Dual Rear Wheel Cab /Chassis, Street Division Aircraft Rescue & Fire Fighting Vehicle, Airport Division A motion was made by Councilman Dean Martin for approval of the bids as presented, seconded by Councilman Brian Crane and approved unanimously. BILLS INTRODUCED Bill 2004 -55, sponsored by Councilman Weber, entitled: REGULAR COUNCIL MEETING AUGUST 16, 2004 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2004 -56, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO THE SUNSHINE LAW. Bill 2004 -57, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI, REGARDING ROAD AND BRIDGE MAINTENANCE. Following first reading, Councilman Bob Weber requested that the rules be suspended and Bill 2004 -57 be placed on third reading and final passage. There were no objections to the request for suspension of the rules. Bill 2004 -57 was then read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13764: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None Bill 2004 -58, sponsored by Councilman Weber, 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, 2004, TO OCTOBER 31, 2005, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 2004 -59, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2004. Bill 2004 -60, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY TO SCHOLASTIC, INC., PURSUANT TO THE TERMS OF THE PREVIOUS LEASE. REGULAR COUNCIL MEETING AUGUST 16, 2004 Bill 2004 -61, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, IMPOSING A USE TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF 1.5% PERCENT FOR THE PRIVILEGE OF STORING, USING OR CONSUMING WITHIN THE CITY ANY ARTICLE OF TANGIBLE PERSONAL PROPERTY PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTIONS 144.600 THROUGH 144.761 RSMO; PROVIDING FOR THE USE TAX TO BE REPEALED, REDUCED OR RAISED IN THE SAME AMOUNT AS ANY CITY SALES TAX IS REPEALED, REDUCED OR RAISED; AND PROVIDING FOR SUBMISSION OF THE PROPOSAL TO THE QUALIFIED VOTERS OF THE CITY FOR THEIR APPROVAL AT THE GENERAL ELECTION CALLED AND TO BE HELD IN THE CITY ON NOVEMBER 2ND, 2004. Mayor John Landwehr explained that to place an item on the November 2 ballot it must be certified by August 24. He indicated that the City has been considering this issue for about six or seven years, but has not had an opportune time in which to place it on a ballot. Due to some very recent changes by other governmental entities in their upcoming ballot issues, the City has learned that the best opportunity for placing it on the ballot will be November 2. He suggested the Council hold a special Council Meeting before the August 24 certification date to discuss the issue fully and allow public input on the issue. BILLS PENDING Bill 2004 -48, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING FUNDS WITHIN THE GENERAL FUND FOR PRINTING OF JEFFERSON CITY HISTORY BOOK. Bill 2004 -48 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13757: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None Bill 2004 -49, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION LLC FOR SUNSET LAKE ROADWAY AND STORMWATER IMPROVEMENTS PROJECT. Bill 2004 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13758: REGULAR COUNCIL MEETING AUGUST 16, 2004 Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None Bill 2004 -50, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING CHANGE ORDER NUMBER ONE TO A CONTRACT WITH DON SCHNIEDERS EXCAVATING FOR PROJECT NUMBER 2129 PERTAINING TO EAST MCCARTY NORTH BLUFF, AND HAYS STREETS. Bill 2004 -50 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13759: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None Bill 2004 -54, sponsored by Councilman HARVEY and Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE ISSUANCE OF TAXABLE INDUSTRIAL REVENUE BONDS (ALPLA, INC.) SERIES 2002, IN AN AMOUNT NOT TO EXCEED $19,000,000 Bill 2004 -54 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13763: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None INFORMAL CALENDAR There were no issues laid on the Informal Calendar for consideration at this time. RESOLUTIONS RS2004 -6 was taken up earlier in the meeting, out of order. REGULAR COUNCIL MEETING AUGUST 16, 2004 SCHEDULED REPORTS Councilman Dean Martin gave a brief report of recent meetings and discussions held regarding the City's purchasing procedures. He indicated there will be more meetings held to discuss the issue in the near future. Mayor John Landwehr asked that City Clerk Phyllis Powell place the item on the November 15 agenda for a follow -up report. NEW BUSINESS Councilman Kenneth Ferguson announced a meeting of the Annexation and Growth Committee will be held on Monday, August 30 at 5:30 PM in the Boone / Bancroft Room. Councilman Kevin Brown reminded citizens that local schools will be starting very shortly and to please pay attention to traffic regulations for the safety in school zones. Mayor John Landwehr stated if the Council had any interest in following any of presenter Tony Hiesberger's recommendations regarding County sales tax, to contact him informally and let him know their pleasure. Councilman Kenneth Ferguson asked for an update on the East McCarty Street road improvement project. Community Development Director Pat Sullivan stated that rain had caused a week, perhaps a bit longer, delay in the completion of the project. Councilman Edith Vogel asked Finance Director Steve Schlueter if the city's sales tax revenues look good at this time. Mr. Schlueter stated that so far this year, the city's receipts is over what was projected. Mayor John Landwehr thanked Ms. Corinna Rehagen of Girl Scout Troop 107 for her help in operating a camera for JCTV to tape tonight's City Council meeting. UNFINISH ED BUSINESS City Administrator Rich Mays asked for the Council to look at their calendars and set a date for a Special Council meeting to discuss the property tax levy and use tax issue. Following discussion, the date of Monday, August 23, at 5:30 PM was agreed upon. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Michael Berry to approve the August 2 Closed Session minutes, seconded by Councilman Mike Harvey, and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of REGULAR COUNCIL MEETING AUGUST 16, 2004 Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: Personnel [Sec. 610.021(3)] A motion was made by Councilman Dean Martin to go into Closed Session, seconded by Councilman Michael Berry, and approved unanimously by the following roll -call vote at 8:15 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, Vogel and Weber Nay: None