HomeMy Public PortalAbout20041220REGULAR COUNCIL MEETING DECEMBER 20, 2004 1
CALL TO ORDER
The Regular Council Meeting of December 20, 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, Harvey, Martin, Schnitzler, Viessman, and Vogel
Absent: Ferguson
A quorum was declared present.
Mayor John Landwehr announced that the rezoning public hearing will be opened, but
"continued" to a future date because the city has received a "Request for Continuance" in
the matter.
ELECTION OF FOURTH WARD COUNCIL MEMBER
A motion was made by Councilman Kevin Brown to elect Cindy Layton to fill the unexpired
term of Fourth Ward Councilman Bob Weber as nominated and seconded at the December
6 Council Meeting, seconded by Councilman Jonathon Schnitzler, and approved
unanimously. Ms. Layton came forward and received the Oath of Office administered by
City Clerk Phyllis Powell, and then assumed her seat on the City Council. Councilman
Layton was congratulated and welcomed by the Mayor and City Council Members.
PUBLIC HEARINGS
Rezoning from RS -1 (Single Family Residential) to RU (Rural Use) for Tract A of River's
Edge Estates — Mayor John Landwehr opened the public hearing, then announced it will
be continued to a future date. He then asked City Planner Janice McMillan to explain the
purpose of Bills 2003 -103 and 2003 -115 which are both associated with this issue. The
public hearing is "continued" at this time.
REGULAR COUNCIL MEETING DECEMBER 20, 2004 2
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. November 2004 Finance Report
b. CAMPO Technical Committee, November 4, 2004
c. Public Works & Planning Committee, October 21, 2004
d. Transportation & Traffic Commission, November 4, 2004
e. JCTV Ad Hoc Steering Committee, October 19 and November 8, 2004
f. Planning & Zoning Commission, November 9, 2004
g. Parks & Recreation Commission, November 8, 2004
h. Historic Preservation Commission, September 14, 2004
Board of Adjustment, September 14, 2004
COUNCIL LIAISON REPORTS
There were no liaison reports given at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
Councilman Brian Crane announced that a meeting of the Ad Hoc JCTV Committee will be
held Tuesday, January 4 at 6:00 P.M. in the City Hall Boone - Bancroft Room.
APPOINTMENTS BY THE MAYOR
There were no appointments brought before the Council at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
Mr. Mike Kehoe and Mr. Bernie Fechtel made a presentation on behalf of the People for
Parks and Progress Committee. They urged the Council to approve Bill 2004 -118 which is
being introduced tonight, to place the half -cent Parks sales tax on the April 2005 ballot.
Several members of the Parks and Recreation Commission were also present and Mayor
REGULAR COUNCIL MEETING DECEMBER 20, 2004 3
John Landwehr asked that they stand to be recognized as well.
Blair Oaks Falcons Football Coaches & Team - Mayor John Landwehr read Resolution
RS2004 -13 which recognizes the coaches and team for recently winning the Missouri 2A
Football Championship. Following the reading of the resolution, Mayor Landwehr asked
each team member and coach to stand and identify himself for the viewing audience, then
presented the Resolution to Coach Ted LePage, along with his congratulations on behalf
of the City of Jefferson.
PRESENTATIONS FROM THE GALLERY
There were no presentations made at this time.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
No comments were made at this time.
CONSENT AGENDA
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: December 3 Brown Bag, December 6 Pre -
Meeting and Regular Meeting
Authorizing Amendment to Contract with Evers & Company, CPA's for Audit
Services
c. RENEWAL (Year 2) Agricultural Lease with Fischer Grain Farms
RENEWAL (Year 2) Contract with Capital Region Medical Center Health
Direct for EAP Services
e. RENEWAL (Year 2) Contract with Capital Region Medical Center for EMT
Services
g.
Ratification of Prior Service by Sterling Excavating
Authorizing Mayor to Execute Agreement with MoDot and Union Pacific for
Bolivar /E. McCarty Street Crossing
h. YMCA Culvert
A motion was made by Councilman Edith Vogel to approve the Consent Agenda as
presented, seconded by Councilman Michael Berry, and approved unanimously.
REGULAR COUNCIL MEETING DECEMBER 20, 2004 4
BILLS INTRODUCED
Bill 2004 -108, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH CHILDRESS
PHOTOGRAPHIC, LLC, D /B /A CHILDRESS STUDIO.
Bill 2004 -109, sponsored by Councilman Viessman, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19
(MOTOR VEHICLES AND TRAFFIC), ARTICLE VI, (MISCELLANEOUS TRAFFIC
REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON BY CREATING A NEW
SECTION 19 -319 (SUN SCREENING AND TINTED WINDOWS).
Bill 2004 -110, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -122 (WEIGHT LIMITS), PARAGRAPH (A) OF THE CODE OF THE CITY OF
JEFFERSON BY THE ADDITION OF ST MARYS BOULEVARD FROM HEISINGER ROAD
TO WILLIAMS STREET, AND WILLIAMS STREET FROM ST. MARYS BOULEVARD TO
DIX ROAD.
Bill 2004 -111, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, SCHEDULE 0 ( "PARKING TIME LIMIT ZONES "), SUBSECTION C, "TIME ZONE
C," (ONE -HOUR LIMIT) BY THE ADDITION OF A PORTION OF THE 800 BLOCK OF
CLARK AVENUE.
Bill 2004 -112, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, SCHEDULE 0 ( "PARKING TIME LIMIT ZONES "), SUBSECTION C, "TIME ZONE
C," (ONE -HOUR LIMIT) SUBSECTION 3 ( "BETWEEN THE HOURS OF 7:00 A.M. AND
5:00 P.M., ANY DAY EXCEPT SUNDAY ") BY REMOVING THE LIMIT FOR THE NORTH
SIDE OF THE 100 BLOCK OF EAST DUNKLIN.
Bill 2004 -113, sponsored by Councilmen VIESSMAN and Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7
(BOARDS AND COMMISSIONS) ARTICLE I (GENERALLY), SECTION 7 -1
(APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS) and ARTICLE XI,
REGULAR COUNCIL MEETING DECEMBER 20, 2004 5
(USS JEFFERSON CITY SUBMARINE COMMITTEE), SECTION 7 -291 (MEMBERS;
TERMS; APPOINTMENT; OFFICERS) OF THE CODE OF THE CITY OF JEFFERSON.
Bill 2004 -114, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2004 -2005
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE TRANSIT FUND.
Councilman Kevin Brown requested that the rules be suspended and Bill 2004 -114 placed
on third reading and final passage so the bus can be ordered immediately to replace one
which was involved in an accident. There were no objections to the request for suspension
of the rules. Bill 2004 -114 was read second and third times by title, placed on final passage,
and passed by the following roll -call vote as Ordinance 13808:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -115, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE TEXT
OF CHAPTER 35, ZONING CODE; SPECIFICALLY, EXHIBIT 35 -28, LAND USE MATRIX
AND SECTION 35 -41 SPECIFIC USE STANDARDS TO ESTABLISH A SPECIAL
EXCEPTION PERMIT CATEGORY FOR OPEN LAND, AS DEFINED HEREIN.
Bill 2004 -116, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE A CONTRACT WITH LINCOLN
UNIVERSITY FOR PROVISION OF MENTORING SERVICES.
Councilman Kevin Brown stated he would like to find out a little more from the Chairman of
the Human Relations Commission on this issue. Several Council Members agreed there
were some questions they would like answered as well. Mayor John Landwehr suggested
that a staff committee made up of City Counselor Nathan Nickolaus, Finance Director Steve
Schlueter, and Human Resources Director Gail Strope get together to discuss this bill and
be ready to answer questions at a future meeting.
Bill 2004 -117, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
25 -40 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO STREET NAME
CHANGES.
REGULAR COUNCIL MEETING DECEMBER 20, 2004 6
Bill 2004 -118, sponsored by Councilmen VOGEL, Brown, Crane, Harvey, Martin, and
Viessman, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE 16 CENT
PROPERTY TAX LEVIED FOR PUBLIC PARKS AND AUTHORIZING IN LIEU THEREOF
A LOCAL PARKS SALES TAX AT THE RATE OF ONE HALF (1/2) OF ONE PERCENT, THE
COLLECTION AND USE THEREOF FOR PUBLIC PARKS AND RECREATION PROGRAMS
AND FACILITIES, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO
THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO
BE HELD ON APRIL 5, 2005.
Councilman Michael Berry requested that his name be added to this bill as a co- sponsor.
Councilman Jonathon Schnitzler indicated he would also be willing to be listed as a co-
sponsor. Mayor John Landwehr asked that any other Council Members wish to be added
as well to contact City Clerk Phyllis Powell to add their name(s) to the bill.
Bill 2004 -119, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON
CITY CONVENTION AND VISITORS BUREAU, INC.
BILLS PENDING
Bill 2004 -99, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
HORNER & SHIFRIN TO DESIGN A NEW SECTION OF SANITARY SEWER FORCEMAIN
IN CONNECTION WITH THE HIGHWAY 54 PUMP STATION PROJECT.
Bill 2004 -99 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13809:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -100, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE RIGHT -OF -WAY AND GENERAL UTILITY EASEMENT FOR A
PORTION OF A STREET FORMERLY KNOWN AS WATER STREET.
Bill 2004 -100 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING DECEMBER 20, 2004 7
following roll -call vote as Ordinance 13810:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -101, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 8, EL MERCADO
INC. SUBDIVISION.
Bill 2004 -101 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13811:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -102, sponsored by Councilmen CRANE and Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO SECTION 2 -55, ALL MEMBERS PRESENT WHEN QUESTION STATED
TO VOTE; EXCEPTIONS, PART A. GENERAL PROVISIONS, DIVISION 2. RULES OF
ORDER AND PROCEDURE, ARTICLE II. CITY COUNCIL OF CHAPTER 2,
ADMINISTRATION.
Bill 2004 -102 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13812:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -103, 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 88.4 ACRES LOCATED AT 2301 GREEN MEADOW DRIVE,
ON TRACT A OF RIVERS EDGE ESTATES, LOCATED IN PART OF THE WEST HALF
OF SECTION 29, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE
COUNTY, MISSOURI, FROM RS -1, SINGLE FAMILY RESIDENTIAL TO RU, RURAL USE.
Councilman Kevin Brown requested that Bill 2004 -103 be placed on the Informal Calendar
at this time.
REGULAR COUNCIL MEETING DECEMBER 20, 2004 8
Bill 2004 -104, sponsored by Councilmen BERRY and Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF
THE 2500 BLOCK OF TANNER BRIDGE ROAD TO "TANNER BRIDGE PLACE."
Councilman Dean Martin requested that Bill 2004 -104 be placed on the Informal Calendar
at this time.
Bill 2004 -105, sponsored by Councilman Viessman, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2004 -2005
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE GENERAL FUND.
Bill 2004 -105 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13813:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
Bill 2004 -106, sponsored by Councilmen BROWN and Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING FOR AN
ELECTION TO AMEND ARTICLE III, OF THE CHARTER OF THE CITY OF JEFFERSON,
SECTION 8.2 OF THE CHARTER OF THE CITY OF JEFFERSON PERTAINING TO
NOMINATIONS.
Councilman Kevin Brown requested that Bill 2004 -106 be placed on the Informal Calendar
at this time.
Bill 2004 -107, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, SCHEDULE O (PARKING TIME LIMIT ZONES) (E), (TIME ZONE E), (TWO -HOUR
LIMIT) (3) (BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH
FRIDAY) BY THE ADDITION OF PORTIONS OF THE 500 BLOCK OF BROADWAY
STREET.
Bill 2004 -107 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13814:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and
Vogel
Nay: None
REGULAR COUNCIL MEETING DECEMBER 20, 2004 9
RESOLUTIONS
RS2004 -11 Adoption of 2003 County Wide Transportation Study for Cole County and City
of Jefferson, Missouri (Martin) - A motion was made by Councilman Roy
Viessman for adoption, seconded by Councilman Jonathon Schnitzler and
approved unanimously.
RS2004 -12 Approving a Year 2 Action Plan and Certifications for Submission to U.S.
Department of Housing and Urban Development (HUD) (Ferguson) -A motion
was made by Councilman Dean Martin for adoption, seconded by Councilman
Mike Harvey and approved unanimously.
NEW BUSINESS
Mayor John Landwehr stated a "New Year's Resolution" for the City will be on the January
3 agenda.
APPROVAL OF CLOSED SESSION MINUTES
December 6, 2004, Closed Session Minutes - A motion was made by Councilman Michael
Berry for approval, seconded by Councilman Edith Vogel and approved unanimously.
UNFINISH
ED BUSIN
ESS
There was no unfinished business brought before the Council at this time.
ADJOURN
MENT
There being no further business to come before the Council at this time, a motion was made
by Councilman Roy Viessman to adjourn the meeting, seconded by Councilman Edith Vogel
and approved unanimously at 7:00 P.M.