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.