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HomeMy Public PortalAbout20041101REGULAR COUNCIL MEETING NOVEMBER 1, 2004 1 CALL TO ORDER The Regular Council Meeting of November 1, 2004, 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 for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, and Vogel Absent: None A quorum was declared present. Mayor John Landwehr recognized members of the Jefferson City Area Chamber of Commerce Jr. Leadership class were present at tonight's meeting, accompanied by their group's leader, Melody Powell. ITEMS MOVED UP ON THE AGENDA Mayor John Landwehr announced that Councilman Bob Weber, who had resigned from the Fourth Ward City Council, at the October 18 meeting, was present at tonight's meeting and presented him with a plaque and a key to the city. Mayor Landwehr thanked Councilman Weber for his years of leadership on the City Council and various committees, boards, and commissions. All the members of the City Council also commended Councilman Weber for his service to the city and encouraged him to remain involved in some manner with the city. 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. CVB Minutes b. Planning & Zoning Commission, September 9, 2004 REGULAR COUNCIL MEETING NOVEMBER 1, 2004 2 c. Environmental Quality Commission, September 30, 2004 Firefighters' Retirement System Report for 2003 (bound copy available for review in City Clerk's Office) e. Public Hearing on Federal Transit Administration Section 5307 & 5309 Projects, October 12, 2004 f. Public Works & Planning Committee, October 1, 2004 COUNCIL LIAISON REPORTS There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Roy Viessman announced that a motorcycle ride will be held on Saturday, November 6, to collect "Toys For Tots" for this Christmas season. Anyone interested in participating should meet at the Capitol building by 11:00 A.M. to ride, and should bring a toy to donate. Councilman Brian Crane announced that a meeting of the JCTV Ad Hoc Committee will be held on Monday, November 8, at 6:00 PM in the Boone - Bancroft Room. Councilman Brian Crane announced that a meeting of the Council Rules Committee will be held on Monday, November 22, at 6:00 PM in the Boone - Bancroft Room. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval: Police Appointments: Police Officer - Joshua Hagemeyer, Ross Hartley, Casey Hutsell, and Mark Sanson Communications Operator - Jodi Snyder and Terri LaPenes Captain Mike Smith introduced the Police appointment candidates, and gave a brief summary of their qualifications. Following his presentation, a motion was made by Councilman Roy Viessman to approve the appointments as presented, seconded by Councilman Kevin Brown and approved unanimously. Appointments to City Boards and Commissions: REGULAR COUNCIL MEETING NOVEMBER 1, 2004 3 Human Relations Commission - Carol Giesecke, Full term to Oct. 2007 Human Relations Commission - Alan Joplin, Full term to Oct. 2007 A motion was made by Councilman Kenneth Ferguson to approve the appointments as presented, seconded by Councilman Michael Berry and approved unanimously. Mayor John Landwehr asked Councilman Edith Vogel, Chairman of the Appointment Review Committee, to share with the public a list of those boards and commissions which are currently seeking applicants to fill vacancies. Councilman Vogel stated that at the present time, applications are needed for the Tax Increment Finance (TIF) Committee, the University Extension Committee, and the Board of Adjustment. She instructed interested citizens how to obtain and fill out a Volunteer Profile Form to submit to the City so they can be considered when vacancies occur. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. John Kuebler and Mr. Tom Piper, members of the Capital Area Partnership for Planned Grown Committee made a presentation urging the Council and city staff to take action now regarding the issue of future planned growth / annexation issues. Ms. Susan Green, Director of Cole County Emergency Management, gave a detailed presentation regarding the recent plane crash in east Jefferson City. She commended all the local entities who helped make the emergency response effort a success, and mentioned some areas highlighted by the event which she believed were opportunities for future improvement. PRESENTATIONS FROM THE GALLERY Mr. Joe Wilson, 1422 Oberman Place, made a presentation to explain the origination of a local animal program with which he was involved. Mr. John Orear, 1728 Greenberry Road, made a presentation concerning the City Charter. He stated he does not believe the Charter needs to be amended in reaction to a vote recently taken by the Council President Pro Tempore at the last Council Meeting. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown stated in response to Mr. Orear's presentation that the Council is simply planning to discuss the issue so that they can make sure they understand how such voting occurs. REGULAR COUNCIL MEETING NOVEMBER 1, 2004 4 CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: October 15 Brown Bag, October 18 Pre - Meeting and Regular Meeting Bid 2096 - (RENEWAL - Year 2) - Uniforms, Fire Department c. Change Order No. 2 - Roadway Improvements East McCarty, North Bluff, and Hayes Streets Change Order No. 1 - 2004 Stormwater Inlet Replacements e. Change Order No. 4 - Final Quantity Adjustment for East High Street A motion was made by Councilman Jonathon Schnitzler to approve the Consent Agenda as presented, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2004 -93, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE PRELIMINARY AND FINAL PUD PLAN FOR 1907 BOGGS CREEK ROAD, LOCATED ON LOT 437 IN LANDWEHR HILLS SUBDIVISION, SECTION 11. Mayor John Landwehr announced he will be abstaining on this issue due to a conflict of interest. Bill 2004 -94, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION PERMIT FOR OUTDOOR STORAGE AT 1700 OIL WELL ROAD, LOCATED IN SECTION 9, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2004 -95, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING FUNDING FOR BUS REPLACEMENT, FACILITIES IMPROVEMENTS, AND EQUIPMENT (PROJECT MO -03- 0109). REGULAR COUNCIL MEETING NOVEMBER 1, 2004 5 Bill 2004 -96, sponsored by Councilmen VIESSMAN and Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON. A lengthy discussion was held regarding this issue. Councilman Kevin Brown asked Councilman Roy Viessman to consider placing this on the Informal Calendar until it can be discussed at the next Public Works & Planning Committee meeting. Councilman Viessman requested that Bill 2004 -96 be placed on the Informal Calendar at introduction. Bill 2004 -97, sponsored by Councilmen CRANE and Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THOMAS P. RACKERS CONSULTING L.L.C. BILLS PENDING Bill 2004 -87, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETSAND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMITS ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PORTIONS OF THE 500 BLOCK OF BROADWAY STREET. Bill 2004 -87 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13795: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -88, sponsored by Councilman Schnitzler, 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 PORTIONS OF ST. MARYS BOULEVARD. Bill 2004 -88 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13796: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, REGULAR COUNCIL MEETING NOVEMBER 1, 2004 6 and Vogel Nay: None Bill 2004 -89, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI AND THE JEFFERSON CITY AREA CHAMBER OF COMMERCE GOVERNING THE DEVELOPMENT OF PROPERTY LOCATED SOUTH OF WEST EDGEWOOD DRIVE. Councilman Michael Berry stated his concerns with this issue. City Administrator Rich Mays stated maybe this bill could placed on the Informal Calendar so staff could give the Council information about how the issue originated before several members of the current Council were elected. City Counselor Nathan Nickolaus also suggested inviting Mr. John Kuebler to a Public Works meeting to answer questions. Councilman Ferguson requested that Bill 2004 -89 be placed on the Informal Calendar until it can be discussed at the next Public Works & Planning Committee. Bill 2004 -90, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALPLA INC. AND COLE COUNTY. Bill 2004 -90 was read third time by title and placed on final passage. A motion was then made by Councilman Edith Vogel to accept the Substitute Bill 2004 -90 which will correct the spelling of the name of ALPLA in the bill, seconded by Councilman Michael Berry and approved unanimously. Bill 2004 -90 was then passed, as substituted, by the following roll - call vote as Ordinance 13797: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -91, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON M. DAVIS AND MARY L. DAVIS FOR THE ACQUISITION OF REAL ESTATE. Bill 2004 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13798: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, REGULAR COUNCIL MEETING NOVEMBER 1, 2004 7 and Vogel Nay: None Bill 2004 -92, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SPRINT FOR DIGITAL 9 -1 -1 SYSTEM MAINTENANCE. Councilman Kevin Brown announced that he will be abstaining from all discussion and votes on this bill due to a conflict of interest. Bill 2004 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13799: Aye: Berry, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, and Vogel Nay: None Abstain: Brown INFORMAL CALENDAR Bill 2004 -84, sponsored by Councilmen VOGEL, Schnitzler, Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF CALLAWAY, STATE OF MISSOURI, LYING NORTH OF THE PRESENT CITY LIMITS REFERRED TO AS THE KATY TRAIL AREA. Councilman Michael Berry requested that Bill 2004 -84 remain on the Informal Calendar at this time. Mayor John Landwehr announced that a public hearing will be held on Wednesday, November 10 at the Lion's Club in North Jefferson City at 6:00 P.M. RESOLUTIONS RS2004 -10 - Authorizing Staff to Apply for Transit Grant (Ferguson). A motion was made by Councilman Mike Harvey for adoption of the resolution, seconded by Councilman Kenneth Ferguson and approved unanimously. REGULAR COUNCIL MEETING NOVEMBER 1, 2004 8 SCHEDULED REPORTS No reports were due to be given at this time. NEW BUSINESS Mayor John Landwehr announced he has asked the Council Rules Committee to place the issue of voting authority of the President Pro Tempore on its next agenda for discussion. Councilman Brian Crane stated the next meeting will be held Monday, November 22 at 6:00 P.M. and that there will be a public comments period during the meeting. Councilman Kevin Brown made comments regarding the issue of filling the vacant seat of Councilman Bob Weber who resigned from the Council at the October 18 meeting. He urged if anyone is interested in serving in that Council seat to come to city hall and file the paperwork with the City Clerk as a candidate for election to that office. He urged the Council to wait until the official filing period ends on November 23 to start the process of filling the vacancy. UNFINISHED BUSINESS Assistant to the City Administrator Melva Fast gave an update on the Neighborhood Reinvestment program. She stated that an informational brochure and an application form has been developed for persons interested in participating in the program, and that they will both be made available by calling city hall, or on the City Clerk's web site. Mayor John Landwehr suggested the city may want to send those to the local Board of Realtors and lending institutions so they can disseminate them to potential home buyers. GO INTO CLOSED SESSION City Counselor Nathan Nickolaus stated an issue involving personnel has arisen just today, and that the Council agenda would need to be amended in order to add that category to the agenda for discussion when it goes into Closed Session. A motion was made by Councilman Kevin Brown to amend the agenda to add "Personnel" to be discussed in closed session, seconded by Councilman Michael Berry and approved unanimously. Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council will go into Closed Session to discuss the following: Legal Actions [Sec. 610.021.(1)] Personnel [Sec. 610.021(3)] REGULAR COUNCIL MEETING NOVEMBER 1, 2004 9 A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Mike Harvey and approved unanimously by the following roll -call vote at 7:45 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, Viessman, and Vogel Nay: None