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.
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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
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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