HomeMy Public PortalAbout20030106REGULAR COUNCIL MEETING JANUARY 6, 2003
CALL TO ORDER
1
The Regular Council Meeting of January 6, 2003, was convened at 6:00 P.M. by Mayor
Tom Rackers.
Prayer was offered by Councilman Dan Klindt, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel, and
Weber
Absent: Vincent
A quorum was declared present.
PRESENTATIONS FROM THE GALLERY
Mark Edwards, Fraternal Order of Police (FOP), made a presentation regarding
annexation. He stated that, after many meetings and much discussion, the FOP
membership has voted overwhelmingly to support the issue of annexation, and stated that
the group feels that annexation is essential to the growth of the city. He stated that the
membership believes that both the city and the county residents will be better protected by
police under the proposed annexation plan.
Marc Ellinger, 3220 Glenstone Drive, legal counsel for the Committee Against Annexation,
made a presentation regarding why he opposes annexation. He specifically commented on
the issue of fire protection, and stated that he does not believe the city would be capable
of adequately protecting the residents due to what he feels is a disparity in the number of
gallons of water required for fire protection.
Mr. John Kuebler, 3204 Pembroke Square, co- chairman of the citizens' committee in favor
of annexation, made a presentation in favor of annexation. He stated that within the next
two weeks the public will begin seeing a lot of positive action about the issue of annexation,
and encouraged the citizens to make themselves aware of the facts which are going to be
coming forward.
Mr. Tony Hiesberger, 1034 Carousel, made a presentation regarding the issue of cost
sharing from county sales taxes. He stated he had visited with county officials regarding
their budget, and he believes that the county is not giving back to the city its fair share of
the $4.5 million collected in county sales tax. He reiterated a previous presentation made
to the Council regarding cost sharing between the city and county in which he
REGULAR COUNCIL MEETING JANUARY 6, 2003 2
recommended the city allow the county to handle the municipal court for the city.
CONSENT AGENDA
The following items were presented to the Council for their approval by consent:
a. Minutes of December 16, 2002, Work Session and City Council Meeting
Councilman Clyde Angle stated that on page nine (9) of the December 16 minutes, a
correction needs to "Unfinished Business" to the discussion about sidewalks on Capitol
Avenue. He stated that the minutes reflected that the sidewalk had been repaired, and it
should be changed to say that it has not been repaired. Councilman Cliff Olsen moved to
approve the Consent Agenda as amended, seconded by Councilman Kenneth Ferguson
and approved unanimously.
MINUTES AND REPORTS RECEIVED AND FILED
Mayor Tom Rackers 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. Housing Authority Board of Commissioners, November 27, 2002
b. Fire Fighter's Retirement System Board, October 9, 2002
c. November Finance Report
d. Finance Committee, August 29 and October 1, 2002
e. Planning & Zoning Commission, November 14, 2002
ANNOUNCEMENTS BY TH
E MAYOR
There were no announcements made by the Mayor at this time.
APPOINTMENTS BY THE MAYOR
Mayor Tom Rackers stated he had received a request today for approval of the following
appointment to the Police Department, and with the Council's consent, wished to bring it
before them for approval at this time:
a. Appointments to position of Police Sergeant:
Doug Shoemaker
A motion was made by Councilman Cliff Olsen to approve the appointment as
REGULAR COUNCIL MEETING JANUARY 6, 2003 3
recommended, seconded by Councilman Roy Viessman, and approved unanimously. Mr.
Shoemaker was present and Mayor Rackers congratulated him on his appointment.
Councilman Dan Klindt stated he has been acquainted with Mr. Shoemaker for several
years and feels he is an outstanding addition to the Police Department.
BILLS INTRODUCED
Bill 2002 -123, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING A
MORATORIUM ON ISSUANCE OF BUILDING PERMITS WITHIN THE PLANNED
FOOTPRINT AND CONSTRUCTION ZONE OF LEVEE PROJECT L -142.
Councilman Vogel requested that the rules be suspended and Bill 2002 -123 placed on final
passage. Councilman Clyde Angle objected to the request to suspend the rules. City
Counselor Allen Garner was asked to explain what kinds of construction and repairs would
be included under the moratorium. He stated any kind of construction or repair that would
not require a building permit, which means minor repairs to existing structures, or the
building of structures considered non - permanent (moveable). Following a lengthy
discussion, Councilman Angle withdrew his objection. Bill 2002 -123 was then read second
and third times by title, placed on final passage, and passed by the following vote as
Ordinance No. 13490:
Aye:
Nay:
Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel, and
Weber
None
Bill 2002 -124, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING A PORTION OF
DIX ROAD RIGHT -OF -WAY, DECLARING PORTIONS OF CITY OWNED PROPERTY AS
SURPLUS PROPERTY AND TRADING SAID PARCELS FOR LAND NEEDED FOR PUBLIC
PARK AND GREENWAY PURPOSES.
Councilman Cliff Olsen stated he thinks this action is premature. Councilman Richard
Groner requested a plat or a map to show him exactly what property is being affected. He
also stated he believes everything should be owned by the city and not by a commission
appointed by the city.
Bill 2002 -125, sponsored by Councilman Olsen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WIRELESS USA FOR
BASE RADIO UPGRADE.
REGULAR COUNCIL MEETING JANUARY 6, 2003 4
Bill 2002 -126, sponsored by Councilman Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, ZONING CODE; SPECIFICALLY, ARTICLE 11, EXHIBIT 35 -28, LAND USES
AUTHORIZED IN ZONING DISTRICTS (LAND USE MATRIX) SECTIONS 3.1.2. and 3.1.3.
Councilman Richard Groner stated that he believes the reference to the allowance of a
gravel parking lot should be removed and replaced with paved parking lotto avoid problems
such as those currently being experienced by some Ward One residents close to a
business with a gravel parking lot.
Bill 2002 -127, 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 0.23 ACRES LOCATED AT 1000 ST MARY'S BOULEVARD,
LOCATED ON LOT 13 OF DULLES ADDITION SUBDIVISION FROM RA -2 HIGH
DENSITY RESIDENTIAL DISTRICT TO C -1 NEIGHBORHOOD COMMERCIAL
DISTRICT.
Bill 2002 -128, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROBINSON
CLEANERS FOR UNIFORM CLEANING.
Bill 2002 -129, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE ROUTE 179
PROJECT.
Councilman Richard Groner requested a map of the area referenced in item #2.
BILLS PENDING
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.
REGULAR COUNCIL MEETING JANUARY 6, 2003 5
Bill 2002 -119 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13486:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and
Weber
Nay: None
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),
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE
ADDITION OF A PORTION OF TOWER DRIVE.
Bill 2002 -120 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13487:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and
Weber
Nay: None
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 -121 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13488:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and
Weber
Nay: None
INFORMAL CALENDAR
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.
REGULAR COUNCIL MEETING JANUARY 6, 2003 6
Councilmen Smith and Vogel requested that Bill 2002 -116 be removed from the Informal
Calendar and placed on third reading and final passage at this time. Following third
reading, Councilman Smith made a motion to amend Bill 2002 -116 by changing the speed
limit from eighteen miles per hour to twenty miles per hour. The motion was seconded by
Councilman Roy Viessman and approved unanimously. Following discussion of appropriate
signage and enforcement, Bill 2002 -116 was then passed, as amended, by the following
vote as Ordinance 13489:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and
Weber
Nay: None
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.
Mayor Tom Rackers announced that the sponsor, Councilman Vincent, has requested that
Bill 2002 -117 remain 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 removed from the Informal Calendar at
this time. Councilman Angle then made a motion to accept the Substitute Bill 2002 -118
previously distributed to the Council, the motion was seconded by Councilman Kenneth
Ferguson, and approved unanimously. Councilman Angle then requested that Bill 2002 -118
be placed back on the Informal Calendar at this time.
CLOSED SESSION MINUTES
The following closed session minutes were brought before the Council for approval:
December 2 Closed Session Minutes
December 16 Closed Session Minutes
A motion was made by Councilman Roy Viessman for approval, seconded by Councilman
Cliff Olsen and approved unanimously.
REGULAR COUNCIL MEETING JANUARY 6, 2003 7
NEW BUSINESS
Councilman Roy Viessman commended the street maintenance crews for their outstanding
work clearing the streets during the snow storms over the holidays.
Councilman Dan Klindt stated he has recently purchased property in the Fifth Ward on
which he plans to build a new home. He stated that he had a question regarding residency
requirement in the event that his current home sells and he would have to rent a home
outside the Fifth Ward until his new home is completed. He stated he is bringing the matter
up at this time to avoid any misunderstandings in the future. City Counselor Allen Garner
stated that case law precedent has established residency as where the owner's intended
residence is located, not where he is temporarily located while waiting to occupy the
intended residence. No objections were voiced regarding the possibility of Councilman
Klindt's temporary residence outside Ward Five.
Councilman Cliff Olsen stated that since the Local Firefighters' Union and the FOP have
both endorsed annexation as groups, he believes the Council as a whole should consider
adopting a resolution at the next Council Meeting to show their endorsement of annexation.
City Administrator Rich Mays stated he would direct staff to prepare the resolution, and that
unless a Council Member instructs him otherwise, he will direct that all Council Members
be placed on the resolution as co- sponsors.
Councilman Clyde Angle asked if the City will have a special work session to discuss the
road and bridge tax agreement between the city and county. City Administrator Rich Mays
stated that issue will be coming before the Council within the next 30 days and that he will
provide information to the Council if they have questions.
Councilman Richard Groner stated that the Council should be discussing things such as
the road and bridge tax agreement long before they come before the Council for action in
bill form.
Councilman Clyde Angle stated that he has had a records request pending for several
months for court records. He said that some of the records he received in response to his
request in June were illegible, and he requested them again, but that he was told he would
have to pay $35.28 to receive the records the second time because the report had to be
newly created. Following a lengthy discussion about whether a Council Member should
receive city records and documents upon request without paying associated costs,
Councilman Cliff Olsen made a motion that any Council Member who requests any city
report or document should be provided with that information without having to pay for it as
long as it relates to city business. The motion was seconded by Councilman Richard
Groner. Following more discussion, Councilman Richard Groner called for the question to
end discussion on the matter and vote on the original motion, seconded by Councilman
David E. Smith, and approved. The original motion was then approved with Councilman
Bob Weber and Councilman Edith Vogel voting "Nay." Councilman Bob Weber
recommended that the Council have a work session on this issue to give staff some
direction regarding how to determine what and how much information it is required to
REGULAR COUNCIL MEETING JANUARY 6, 2003 8
produce upon request of Council Members, how to determine what is considered "city
business related," and how to prioritize the requests themselves, and their staff workload
when receiving numerous requests. Mayor Tom Rackers stated that a work session will be
set up to discuss the issue.
Councilman Clyde Angle made comments regarding the issue of a pistol range for the
Police Department. He asked questions about the sales tax funds set aside for the range,
and whether the money spent on the current agreement for the range between Jefferson
City and California, Missouri, comes out of those funds.
Councilman Clyde Angle made comments regarding the issue of annexation, and stated
that he would like to go on record as being in favor of annexation.
Councilman Cliff Olsen reminded the citizens of Ward Three annexation meeting held
Tuesday, January 7, at 7:00 PM at the Wesleyan United Methodist Church near the
intersection of Sue Drive and Hwy. 179.
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 Bob Weber to go into Closed Session for the above - stated purpose, seconded
by Councilman Roy Viessman, and approved unanimously by the following roll -call vote at
8:40 PM:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vogel and
Weber
Nay: None