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HomeMy Public PortalAbout20020715REGULAR COUNCIL MEETING JULY 15, 2002 1 CALL TO ORDER The Regular Council Meeting of July 15, 2002, was convened at 6:00 P.M. by President Pro Tempore Edith Vogel in the absence of Mayor Tom Rackers. Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Ferguson, Klindt, Olsen, Viessman, Vincent, Vogel, and Weber Absent: Groner, and Smith A quorum was declared present. PUBLIC HEARINGS Map Amendment to Comprehensive Plan at 1002 & 1104 West Main Street — A brief presentation was given by City PlannerJanice McMillan. Ms. Jan Sonnenberg, 4007 Terra Bella, representing the Heisinger Lutheran Home, spoke in favor of the proposed rezoning. No one spoke in opposition to the issue. Rezoning from RS -1 to RA -2 at 1104 West Main Street — A brief presentation was given by City Planner Janice McMillan. Following Ms. McMillan's presentation, Ms. Jan Sonnenberg, 4007 Terra Bella, representing the Heisinger Lutheran Home, spoke in favor of the proposed rezoning. No one spoke in opposition to the issue. Rezoning from RA -2 to PUD at 1101 Southwest Boulevard — A brief presentation was given by City PlannerJanice McMillan. Following Ms. McMillan's presentation, Ms. Marilyn Sharp, 3020 Lakewood Court, representing the Merrell University of Beauty Arts & Science, spoke in favor of the proposed rezoning. No one spoke in opposition to the issue. Rezoning from RS02 to C -1 at 2007 Southridge Drive — A brief presentation was given by City Planner Janice McMillan. Following Ms. McMillan's presentation, Mr. Danny Baumgartner, 1901 Bunker Hill Road, owner of the property at issue, spoke in favor of the proposed rezoning. He answered questions asked of him by the Council Members. The following persons spoke in opposition to the proposed rezoning: Ms. Erica Gauge, 2006 Southridge Drive, who stated her concerns were potential for accidents because of traffic and visibility problems, parking, and littering of the commercial customers on residential properties. REGULAR COUNCIL MEETING JULY 15, 2002 2 Mr. Dan Hillen, 1930 Sun Meadow, agreed with the comments made by Ms. Gauge regarding the traffic and parking problems. Rezoning from RS -2 to RD at 2002 Tanner Bridge Road — A brief presentation was given by City Planner Janice McMillan. Following Ms. McMillan's presentation, Mr. Danny Baumgartner, 1901 Bunker Hill Road, owner of the property at issue, spoke in favor of the proposed rezoning. He answered questions asked of him by the Council Members. The following persons spoke in opposition to the proposed rezoning: Jim Williams, 2007 Tanner Bridge Road, who stated the property is located near a very dangerous curve and more traffic in the area will cause more accidents than occur now. He also made comments about the problems of stormwater drainage which he believed would be worsened by the proposed rezoning project. Mr. Sam Brizendine, 2003 Tanner Bridge Road, agreed with Mr. Williams' statements, and also stated he was concerned with the traffic and stormwater drainage problems. Comprehensive Plan Amendment at 2007 Southridge Drive —A brief presentation was given by City Planner Janice McMillan. Following Ms. McMillan's presentation, Mr. Danny Baumgartner, 1901 Bunker Hill Road, owner of the property at issue, spoke in favor of the proposed rezoning. No one present spoke in opposition to the proposed rezoning. PRESENTATIONS FROM THE GALLERY Mr. Richard Gaffney, 1220 Hoffman Drive, made a presentation in opposition to the proposed annexations. He distributed a printed statement and requested that his statements be "entered into the record" and asked for a written response, point by point, to his comments. Mr. Gaffney's message stated, and primarily reiterated, that he believes the City should "scale back the Plan of Intent." Following Mr. Gaffney's presentation, Councilman Clyde Angle stated that, in his opinion, Mr. Gaffney's statement should be incorporated into the minutes in their entirety, but that he believed the Council as a whole had adopted a differing policy concerning such requests. The statement submitted by Mr. Gaffney will be maintained with the July 15, 2002 City Council Packet as material received in the course of the meeting, and distributed to the Mayor and Council Members absent at tonight's meeting. Mr. Marc Ellinger, 3220 Glenstone Drive, Cole County, also made comments in opposition to the annexation as proposed. He also stated that he feels the City needs to place detailed specifics in the Plans of Intent so that they are enforceable. In the case that the items placed in the Plan of Intent are not delivered, the areas can then legally seek to de- annex. Councilman Clyde Angle requested that Rich Mays clarify the time frame for the annexation process. Mr. Mays stated that the Council will schedule a workshop to discuss the issue on July 29 at 5:30 PM, and that Bills 2002 -23, 24, 25, 31, 32, and 33 now on the Informal Calendar, are scheduled to be voted on by the Council at their August 5 meeting. REGULAR COUNCIL MEETING JULY 15, 2002 3 Mr. Tom Piper, 2539 Lexington Drive, Cole County, made a presentation in opposition to the proposed annexations. He stated he was involved in the attempt to annex the Frog Hollow Area twelve years ago, and that he feels the same problems exist with the current attempts to annex as those that existed during the previous annexation process. He also stated that the Plans of Intent need to be revised if the city is to succeed in its annexation attempts, and stated that all the neighborhoods of Cole County need to be asked what their needs are. Mr. John Ellinger, 5003 Henwick Lane, Cole County, made a presentation in opposition to the proposed annexation. He stated that he believes the city is attempting to "rush to judgment" in the annexation issue and that there is an organized opposition effort now underway, and that if the City does not make some changes in its Plans of Intent and allow more time to hear the Cole County residents, that they will only get about a 10% favorable vote on the annexation ballots. Following the presentations, a lengthy discussion was held regarding the annexation process. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS President Pro Tempore Edith Vogel stated that members of the Police Personnel Board were present and asked if they wished to make a presentation. Mr. Rob Robinson, Chairman of the Police Personnel Board, stated that there was no formal presentation, but they were here at the invitation of City Administrator Rich Mays. Mr. Mays stated that he invited the board to be present at the request of Councilman Clyde Angle. Mr. Tim Van Ronzelen, member of the board, answered questions asked by Mr. Angle about some of the recommendations made by the board to the City Council in its report which went out in the July 12 City Council packets. Mr. Van Ronzelen answered Councilman Angle's questions. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes July 1, 2002 b. Authorizing Permissive Use at 900 East High Street c. Acceptance of Hendren and Andrae as Defense Counsel in Two Defense Cases and Four Workmen's Compensation Cases Councilman Clyde Angle stated that Councilman Cliff Olsen had stepped out of the room for a moment, but that he understood Councilman Olsen wanted item (c) removed for separate consideration. Councilman Olsen returned to the room while Councilman Larry Vincent was making a motion for approval of the items (a) and (b) of the Consent Agenda REGULAR COUNCIL MEETING JULY 15, 2002 4 as presented, seconded by Councilman Bob Weber, and approved unanimously. Item (c): Councilman Cliff Olsen stated he believes there may be a conflict of interest because Hendren and Andrae is involved in litigation against the city. City Counselor Allen Garner stated that there are no cases pending where Hendren and Andrae are the attorneys of record. Councilman Olsen stated that if there may be even a potential conflict of interest, that the City should refrain from the appearance of impropriety. Following further discussion, Councilman Larry Vincent made a motion to approve item (c), seconded by Councilman Bob Weber and approved with Councilman Olsen voting "Nay." MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Edith Vogel announced that the following minutes and reports of City boards and commissions have been received, and are on file for review, by the City Clerk's Office: a. Parks and Recreation Commission, June 10 and June 18, 2002 b. June 2002 Financial Report c. Board of Adjustment, June 11, 2002 ANNOUNCEMENTS BY TH E MAYOR President Pro Tempore Edith Vogel stated that the Council offers its condolences to the family of Councilman David E. Smith in the loss of his mother earlier today. She also wished a speedy continued recovery of Councilman Richard Groner following open heart surgery two weeks ago. APPOINTMENTS BY THE MAYOR There were no appointments made at this time. BILLS INTRODUCED Bill 2002 -39, sponsored by Councilmen Groner and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMEREN UE FOR WATER MONITORING AND TREATMENT SERVICES AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE WASTEWATER FUND. REGULAR COUNCIL MEETING JULY 15, 2002 5 Bill 2002 -40, sponsored by Councilman Smith, 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 5.09 ACRES LOCATED AT 1102 AND 1104 WEST MAIN STREET, LOCATED IN SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RS -1 SINGLE FAMILY RESIDENTIAL TO RA -2 RESIDENTIAL. Bill 2002 -41, sponsored by Councilman Smith, 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 0.53 ACRES LOCATED AT 1101 SOUTHWEST BOULEVARD, LOCATED IN SECTION 12, TOWNSHIP 44, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RA -2 RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PUD PLANNED UNIT DEVELOPMENT PLAN FOR THE PROPERTY. Bill 2002 -42, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A REVISED SUPPLEMENTAL GRANT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2002 -43, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AMENDED AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR A NARCOTICS CONTROL ASSISTANCE ( "MUSTANG ") PROGRAM GRANT. Bill 2002 -44, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY TRADING ON PURCHASE OF REPLACEMENT EQUIPMENT. Councilman Larry Vincent requested that the rules be suspended and Bill 2002 -44 placed on third reading and final passage. There were no objections to the request for suspension of the rules. Bill 2002 -44 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 13403: REGULAR COUNCIL MEETING JULY 15, 2002 6 Aye: Angle, Ferguson, Klindt, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -45, sponsored by Councilmen Groner and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE WASTEWATER FUND. Councilman Larry Vincent requested that the rules be suspended and Bill 2002 -44 placed on third reading and final passage. There were no objections to the request for suspension of the rules. Bill 2002 -45 was read second and third times by title, placed on final passage and passed by the following vote as Ordinance 13404: Aye: Angle, Ferguson, Klindt, Olsen, Viessman, Vincent, Vogel and Weber Nay: None BILLS PENDING Bill 2002 -38, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY SEALED BID OR AUCTION. Bill 2002 -38 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13402: Aye: Angle, Ferguson, Klindt, Olsen, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2002 -23, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, 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 COLE, STATE OF MISSOURI, LYING SOUTHWEST OF THE PRESENT CITY LIMITS REFERRED TO AS THE SOUTHWEST AREA. Councilman Cliff Olsen requested that Bills 2002 -23, 2002 -24, 2002 -25, 2002 -31, 2002 -32, and 2002 -33, remain on the Informal Calendar at this time. REGULAR COUNCIL MEETING JULY 15, 2002 7 Bill 2002 -24, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, 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 COLE, STATE OF MISSOURI, LYING NORTHWEST OF THE PRESENT CITY LIMITS REFERRED TO AS THE NORTHWEST AREA. Bill 2002 -25, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, 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 COLE, STATE OF MISSOURI, LYING EAST OF THE PRESENT CITY LIMITS REFERRED TO AS THE ALGOA AREA. Bill 2002 -31, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO HUNTING. Bill 2002 -32, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO WEAPONS OFFENSES. Bill 2002 -33, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO FIRE PREVENTION AND PROTECTION BY REPEALING SECTION 13- 43 OF THE CODE OF THE CITY OF JEFFERSON MISSOURI, ENACTING ANEW SECTION 13 -43 IN LIEU THEREOF. RESOLUTIONS RS2002 -12 — Resolution Pertaining to Vehicle Crashes (Angle). Councilman Angle referred the Council to an amended version of RS2002 -12 which he had distributed at the 5:45 pre- meeting and stated it had different figures in it than the original version. He stated that three issues he would like to see utilized in addressing this issue were: Education, Enforcement, and REGULAR COUNCIL MEETING JULY 15, 2002 8 Engineering. President Pro Tempore Edith Vogel stated that government cannot do everything to prevent accidents if the drivers themselves do not pay attention to their driving. Following a lengthy discussion, Councilman Angle stated he would withdraw the Resolution at this time to allow for discussion of the issue at a Public Works meeting, and reintroduce it in the future. RS2002 -13 - -- Map Amendment to Comprehensive Plan at 1002 & 1104 West Main Street (Smith). Councilman Cliff Olsen made a motion to adopt Resolution RS2002 -13, seconded by Councilman Larry Vincent and approved unanimously. NEW BUSINESS Schedule Council workshop to discussion annexation — Councilman Cliff Olsen made a motion that the Council schedule this workshop for 5:30 PM on Monday, July 29. Motion was seconded by Councilman Larry Vincent and approved unanimously. Councilman Cliff Olsen reminded City Administrator Rich Mays about his memo to him regarding the requirement that there be equal representation on the Planning & Zoning Commission by having a member from each city ward on the commission. He stated currently there are no representatives from Wards One and Two on that commission, and he requested that Mr. Mays answer his memo regarding the issue. Councilman Cliff Olsen commended the Parks and Recreation Commission for the new radio - controlled vehicle park across the river, but he is disturbed that individuals using the facility have to belong to a private club. He felt since the project was funded by tax dollars that membership in a private club is inappropriate. Councilman Cliff Olsen stated that since Mayor Tom Rackers has not yet appointed the committee which the Council approved at the July 1 Council Meeting to look into the issue of unpaid parking tickets, that member of the Council should volunteer to serve, and President Pro Tempore Edith Vogel should make that appointment tonight. Councilman Larry Vincent stated that he would offer to serve, and would be willing to have his name placed on a list to give to the Mayor so he could use that to make his appointments when he returns, but he did not feel it appropriate to appoint a committee in the Mayor's absence. He suggested that Councilman Olsen put together that list for the Mayor. Councilman Clyde Angle made comments to clarify the actions taken by the Council at the July 1 Council Meeting because the audio system was not working properly at that meeting and the public may not have been aware of those actions. He stated the Mayor's Advisory Committee was not appointed to look into unpaid parking tickets, but rather to look into actions concerning himself. He also stated that the Council unanimously approved the Mayor's appointing a committee of five Council Members to look into the issue of unpaid parking tickets in general. Councilman Clyde Angle distributed copies of an eight - paragraph document entitled "Motion" which he indicated is a motion he plans to make at a future time. He asked for the REGULAR COUNCIL MEETING JULY 15, 2002 9 Council to read the document and be prepared to discuss it. The motion concerned voided and unpaid parking tickets. Councilman Clyde Angle asked the Council for comments regarding the three draft resolutions and the draft ordinance which he had drafted for distribution in the last Council Packet. UNFINISH ED BUSINESS Councilman Clyde Angle asked for a short update on the progress of the South Country Club Drive project. Community Development Director Pat Sullivan stated that the city intended to begin work on the project this year, but that the majority of the work this year will be utility relocation in preparation for the actual construction next year. Councilman Clyde Angle mentioned that patrons of the Goodwill store at Beck and Missouri Boulevard are leaving the business and going the wrong way on Beck Street, which is a one -way street. He asked if someone from the City could look into that. President Pro Tempore Edith Vogel stated that this is an example that she mentioned earlier in the meeting of the drivers themselves who do not pay attention to the signs that are already there. Councilman Clyde Angle made comments regarding loose bricks in the building located on the former "Gundelfinger property" on High Street. He stated he believes it is a safety issue, and asked that the city check into what can be done about it. City Administrator Rich Mays stated that he would have someone look into that problem. Councilman Clyde Angle made comments regarding the appointments to the Commission on Human Rights and the Underage Youth Committee on Underage Drinking. He stated that the Council had approved the Mayor appointing these committees, and asked that the Mayor look into making those appointments. Councilman Clyde Angle asked that Convention and Visitor's Bureau minutes be included in future City Council packets, and that past minutes which have not been sent to the Council be sent to them. COUNCIL LIAISON REPORTS Councilman Larry Vincent stated that Parks and Recreation Commission had opened the newest part of the Greenway trail from Wildwood to Fairgrounds Road, and encouraged the citizens to utilize this new section of the trail. Councilman Roy Viessman thanked members of the Council and city staff who had sent letters and cards to him upon the recent death of his mother. ADJOURN MENT REGULAR COUNCIL MEETING JULY 15, 2002 10 There being no further business to come before the Council at this time, Councilman Larry Vincent moved that the meeting adjourn, seconded by Councilman Cliff Olsen, and approved unanimously at 9:10 PM.