HomeMy Public PortalAbout20021216REGULAR COUNCIL MEETING DECEMBER 16, 2002 1
CALL TO ORDER
The Regular Council Meeting of December 16, 2002, was convened at 6:00 P.M. by Mayor
Tom Rackers.
Prayer was offered by Councilman David E. Smith, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel,
and Weber
Absent: Klindt
A quorum was declared present.
PUBLIC HEARINGS
Rezoning from RA -2 to PUD for Portions of the 1000 Block of Northeast Drive and the 1000
and 1100 Blocks of Southwest Boulevard (Bill 2002 -113) — City Planner Janice McMillan
made a presentation outlining the background details of this issue. Following her
presentation, no one present spoke in favor of, or opposition to, the proposed rezoning.
Mayor Tom Rackers declared the public hearing concluded.
PRESENTATIONS FROM THE GALLERY
Marc Ellinger, 3220 Glenstone Drive, legal counsel for the Committee Against Annexation,
made a presentation regarding why he believes annexation should not move forward at this
time. He quoted specific figures pertaining to law enforcement from the Comprehensive
Plan report made to the City Council by consultant Dick Preston in 1996.
Mr. John Kuebler, 3204 Pembroke Square, made a presentation in favor of annexation.
He announced that he and Councilman Larry Vincent have recently been asked to co -chair
the committee for annexation, the Treasurer for that committee is Clifford "Tippy" Wren. Mr.
Kuebler commended the City Council members for recently sponsoring ward meetings to
answer citizens' questions about annexation. He stated that he believes annexation is the
right thing to do, and that now is the right time to do it.
Mr. Donnie Schnieders, 1309 Fairgrounds Road, also stated his support for annexation,
and said he agreed that it is the right thing to do at this time.
REGULAR COUNCIL MEETING DECEMBER 16, 2002 2
Mr. John Orear, 1728 Green Berry Road, made a presentation encouraging the Council
to approve the Convention and Visitor's Bureau (CVB) budget which will come before the
Council tonight. He asked the Council to allow the CVB to do the job it is charged to do:
promoting Jefferson City in a positive light to try to get conventions and visitors to come to
the City.
Councilman Richard Groner made comments regarding annexation. He stated that he had
asked Marc Ellinger to produce a list of written concerns the last time he appeared before
the Council regarding annexation and Mr. Ellinger did not yet provided that. He also
mentioned the issue of law enforcement and the return of revenue after the first few years
of annexation. Following Councilman Groner's comments, several other Council Members
made comments stating their reasons they believe annexation is important to the City.
CONSENT AGENDA
The following items were presented to the Council for their approval by consent:
a. Minutes of December 2, 2002, Work Session and City Council Meeting
b. Approval of Convention & Visitor's Bureau (CVB) Annual Budget
c. (RENEWAL) Agreement with Midwest ATC, Inc.
d. Authorizing Use of City Seal
e. Abatement of Tax Liens on Property located at 722 E. High Street
Councilman Larry Vincent moved to approve the Consent Agenda as presented, seconded
by Councilman Bob Weber. Councilman Richard Groner stated he would like to remove
items (b), (d), and (e). Councilman Larry Vincent stated his motion was to approve the
entire Consent Agenda as presented and did not wish to remove those items. A lengthy
discussion was held in which Councilmen Groner, Olsen, and Angle stated they did not
want to approve the CVB budget as presented, and other Council Members stated their
reasons to favor approval of the budget. Following the discussion, a motion was made by
Councilman Cliff Olsen to call for the question, seconded by Councilman Richard Groner,
and approved with Councilman Larry Vincent voting "Nay."
The original motion to approve the Consent Agenda as presented was then approved by
the following roll -call vote:
Aye: Smith, Viessman, Vincent, Vogel, and Weber
Nay: Angle, Ferguson, Groner, and Olsen
MINUTES AND REPORTS RECEIVED AND FILED
Mayor Tom Rackers announced that the following minutes and reports of City boards and
REGULAR COUNCIL MEETING DECEMBER 16, 2002 3
commissions have been received, and are on file for review, by the City Clerk's Office:
a. Transportation & Traffic Commission, November 7, 2002
b. Finance report for October, 2002
c. Plumbing Board of Review & Examiners, February 25, 2002
d. Parks and Recreation Commission, November 12, 2002
e. Housing Authority Board of Commissioners, October 23, 2002
f. Board of Adjustment, November 12, 2002
g. Public Works & Planning Committee, October 24, 2002
ANNOUNCEMENTS BY TH
E MAYOR
There were no announcements made by the Mayor at this time.
APPOINTMENTS BY THE MAYOR
The following appointments were recommended by Mayor Tom Rackers for their approval
at this time. He noted that a late request had come before him this afternoon which he
would like to request be added *:
a. Appointments to position of Police Officer:
a. Curtis Finke
b. Shawn Hagerty
c. Samuel Harris
d. Dale Kaiser
e. Andrew Lenart
f. Andrew Rogers
Appointments to position of Telecommunications Operator:
a. Elizabeth Phillips
b. Samantha Suthoff
c. Appointments to following Boards and Commission:
Board
Person Type Term Expires Term Status
Board of Adjustment: Bruce James Alt to Reg Sept 2007 Full
Rick Prather Alt Sept 2003 Reappointment
REGULAR COUNCIL MEETING DECEMBER 16, 2002 4
Board Person Type Term Expires Term Status
Wilma Partee Alt Sept 2003 Reappointment
Robert Dallmeyer, Jr. Alt Sept 2003 Partial
Environmental Quality: Bryan Forbis Nov 2007 Reappointment
Housing Authority: Evelyn Loethen Nov 2006 3'"d term
Historic Preservation: Tom Rynard Dec 2005 Reappointment
Laura Ward Dec 2005 Reappointment
Dottie Dallmeyer Dec 2005 Reappointment
Plumbing Board: Richard Grothoff Dec 2005 Full
Rick Enke Dec 2005 Full
Jim Schmitz Dec 2005 Reappointment
Kevin Berhorst Dec 2005 Reappointment
Electrical Board: Doug Howerton Jan 2006 3'"d term
Terry Ruff
Jan 2006 Reappointment
Planning & Zoning: Carol Blaney
Alt
May 2006 Partial
* Late addition: Jefferson City Police Department Fiscal Affairs Officer— Liisa Vandelicht
A motion was made by Councilman Bob Weber to approve all the appointments as
recommended, seconded by Councilman Larry Vincent and approved unanimously. The
Police Department appointees were all present and stood to be recognized by the Council.
Captain Ray Bledsoe stated, in response to a question by Councilman Clyde Angle, that
the officers can expect to be on the street, fully trained, and working on their own, within
approximately six months.
BILLS INTRODUCED
Bill 2002 -119, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION COMMISSION FOR AMENDMENT #1 TO 5311
TRANSIT OPERATING GRANT AGREEMENT.
Bill 2002 -120, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
REGULAR COUNCIL MEETING DECEMBER 16, 2002 5
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE
ADDITION OF A PORTION OF TOWER DRIVE.
Bill 2002 -121, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITH THE GENERAL FUND.
Bill 2002 -122, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AND ANY OTHER
DOCUMENTS NECESSARY TO CARRY OUT THE AGREEMENT FOR SUBORDINATION
OF A RIGHT OF FIRST REFUSAL WITH THE JEFFERSON CITY AREA YOUNG MEN'S
CHRISTIAN ASSOCIATION AND THE COSMOPOLITAN CLUB OF JEFFERSON CITY.
Councilman Larry Vincent stated a Substitute Bill has been distributed which corrected a
typographical error, and moved to accept that Substitute Bill. The motion was seconded by
Councilman Bob Weber and approved unanimously. Councilman Vincent then requested
that the rules be suspended and Bill 2002 -122, as substituted, be placed on third reading
and final passage. There were no objections to the request for suspension of the rules. Bill
2002 -122 was read then second and third times by title, placed on final passage and
passed, as substituted, by the following vote as Ordinance 13485:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
BILLS PENDING
Bill 2002 -109, sponsored by Councilman Weber, 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 A PORTION OF STADIUM BOULEVARD.
Bill 2002 -109 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13478:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
REGULAR COUNCIL MEETING DECEMBER 16, 2002 6
Nay: None
Bill 2002 -110, sponsored by Councilman Weber, 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 A PORTION OF RIDGEWOOD DRIVE.
Bill 2002 -110 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13479:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2002 -111, sponsored by Councilman Weber, 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 A PORTION OF ADAMS STREET.
Bill 2002 -111 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13480:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2002 -112, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (B), (LEFT TURNS PROHIBITED;
RIGHT TURNS PROHIBITED), OF THE CODE OF THE CITY OF JEFFERSON, BY THE
ADDITION OF PORTIONS OF COMMERCIAL AVENUE.
Bill 2002 -112 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13481:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
REGULAR COUNCIL MEETING DECEMBER 16, 2002 7
Bill 2002 -113, 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 13.56 ACRES LOCATED EAST OF SOUTHWEST
BOULEVARD IN THE 900, 1000 AND 1100 BLOCKS OF SOUTHWEST BOULEVARD
AND THE 1000 AND 1100 BLOCKS OF NORTHEAST DRIVE, LOCATED IN SECTION 12,
TOWNSHIP 44, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RA -2 MULTI-
FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A
PUD PLANNED UNIT DEVELOPMENT PLAN FOR THE PROPERTY.
Bill 2002 -113 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13482:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2002 -114, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE TRANSIT FUND.
Bill 2002 -114 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13483:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2002 -115, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT #1 TO THE PUBLIC TRANSIT
CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF
TRANSPORTATION, PROJECT #MO -18 -X021, FOR THE PURCHASE OF ONE BUS.
Bill 2002 -115 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13484:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
Weber
Nay: None
REGULAR COUNCIL MEETING DECEMBER 16, 2002 8
Bill 2002 -116, sponsored by Councilmen Smith and Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS), BY THE
ADDITION OF A NEW SUBPARAGRAPH (K) (EIGHTEEN MILES PER HOUR); AND
ESTABLISHING AN EIGHTEEN MILE PER HOUR SPEED LIMIT ON A PORTION OF
HIGH STREET.
Councilmen Smith and Vogel requested that Bill 2002 -116 be placed on the Informal
Calendar at this time.
Bill 2002 -117, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
WITH COLE COUNTY FOR SERVICES IN ANNEXED AREAS.
Councilman Vincent requested that Bill 2002 -117 be placed on the Informal Calendar at this
time.
Bill 2002 -118, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING ARTICLE III OF CHAPTER
16, CITY OF JEFFERSON COMMISSION ON HUMAN RELATIONS.
Councilman Angle requested that Bill 2002 -118 be placed on the Informal Calendar at this
time. He stated a substitute bill has been distributed to the Council, but it was not brought
up for approval at this time.
NEW BUSINESS
Councilman Clyde Angle made comments regarding the 4th Ward annexation meeting
recently held and stated he believed it was successful.
Councilman Clyde Angle asked City Administrator Rich Mays for an update on the issue of
a shooting range for the Police Department. Mr. Mays briefly outlined the city's obligations,
and stated that the contract would be through the year 2005.
Councilman Richard Groner asked if the city currently is considering computerizing its
citizen complaints. City Administrator Rich Mays stated that the asset management program
may also have the capability of handling complaints, but that it would be very expensive.
Mr. Groner stated he feels there are inexpensive ways to computerize complaints.
Councilman Kenneth Ferguson commented on the "Landwehr Hills issue" which was
previously brought up at the Ward 1 meeting, and which he understood is a problem which
REGULAR COUNCIL MEETING DECEMBER 16, 2002 9
has existed for twenty years. City Administrator Rich Mays stated that a meeting was being
held in the next day or two about that issue and he would keep Councilman Ferguson
informed about the outcome of the meeting.
Councilman Cliff Olsen announced that he and Councilman Roy Viessman will be holding
a Ward 3 meeting January 7, at 7:00 PM, at the Wesleyan United Methodist Church on
Hwy. 179.
Councilman Clyde Angle asked the staff to see if there are any complaints which have been
received by Fourth Ward residents which have been on the calendar for some time.
UNFINISH
ED BUSINESS
Councilman Cliff Olsen asked questions about item (e), Abatement of Tax Liens on Property
located at 722 E. High Street, which was on the consent agenda tonight. City Counselor
Allen Garner explained the process whereby a property is sold at tax sale for delinquent
taxes, and that sometimes the sale does not bring as much money as taxes owed against
it, and in such case, the taxing entities will lose that tax money. By selling the property, they
hope to return it to viable property that will once again start collecting tax revenues. He
stated that in the future, the city may start looking at the possibility of purchasing such
properties that would be beneficial to the city in some way, but that not all such properties
would be an asset to the city.
Councilman Clyde Angle asked for an update on the issue of city parking employees being
assaulted. Rich Mays stated that one of those cases went to court this week, but he did not
know the outcome of that case.
Councilman Clyde Angle asked about the status of sidewalk repairs on Capitol Avenue. City
Transportation Director Marty Brose stated that the referenced sidewalks have not yet
been repaired, and that he would talk to Parks & Recreation Director Bill Lockwood about
replacing the trees.
COUNCIL LIAISON REPORTS
There were no Council liaison reports made at this time.
GO INTO CLOSED SESSION
Mayor Tom Rackers stated that, pursuant to Section 610.021.2 of the Revised Statutes of
Missouri, Chair would entertain a motion to go into Closed Session in the Boone /Bancroft
room to discuss the following: Legal Actions [Sec. 610.021.(1)]. A motion was made by
Councilman Larry Vincent to go into Closed Session for the above - stated purpose,
seconded by Councilman David E. Smith, and approved unanimously by the following roll -
call vote at 7:35 PM:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and
REGULAR COUNCIL MEETING DECEMBER 16, 2002 10
Weber
Nay: None