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HomeMy Public PortalAbout20030121REGULAR COUNCIL MEETING JANUARY 21, 2003 CALL TO ORDER 1 The Regular Council Meeting of January 21, 2003, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Richard Groner, 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, Vincent, Vogel Absent: Weber A quorum was declared present. PUBLIC HEARINGS Amendment to the text of Article II, Exhibit 35- 28.3.L.1., Mini - Warehouse Storage, of the Zoning Ordinance of the City of Jefferson (Bill 2002 -126) — City Planner Janice McMillan made a presentation detailing the background of the proposed amendment to the zoning ordinance. She stated that a substitute bill has been distributed for Council's consideration tonight which will make a minor change to the original bill which the Council received. Following Ms. McMillan's presentation, there were no testimonies in favor of, or opposition to, the proposed rezoning. Mayor Tom Rackers declared the public hearing on the issue concluded. Rezoning from RA -2, Multi - Family Residential, to C -1, Neighborhood Commercial, for property located at 1000 St. Mary's Boulevard (Bill 2002 -127). City PlannerJanice McMillan made a presentation detailing the background of the proposed rezoning. Following Ms. McMillan's presentation, there were no testimonies in favor of, or opposition to, the proposed rezoning. Mayor Tom Rackers declared the public hearing on the issue concluded. PRESENTATIONS FROM THE GALLERY REGULAR COUNCIL MEETING JANUARY 21, 2003 2 Mike Schultz, 3903 Oxford Road, a member of the Jefferson City Fire Department and Firefighters' Union Local 671, made a presentation in support of the proposed annexation on the February 4 ballot. Mr. Schultz specifically addressed five statements made by Mr. Mark Boyer at a recent anti - annexation rally which Mr. Schultz believed were not factual. Those statements were: (1) Tom Rackers refuses to debate the citizens against forced annexation because he does not want to be held accountable; (2) The reason that Tom Rackers formed a committee for annexation is so that city officials would not have to be held accountable; (3) Businesses are leaving Jefferson City because "Taxes are too high" (4) The City will have to buy out the fire districts at a cost of $1 million in the first year alone; and If the City reaches a population of 50,000 the magical grants may not come about. (5) Mr. Schultz stated that he believed all five statements were false and stated what he believed were the accurate facts regarding each. He also commented on current rumors about the Jefferson City Fire Department arriving at fires without sufficient water to fight the fires by saying: "How dare you ?" Following Mr. Schultz's comments, he urged public support of annexation at the February 4 election. Mr. Roy Voiles, 2211 North Drive, made a presentation in favor of annexation. Mr. Voiles stated he is a long time resident of the City and that he recognizes the necessity to annex for the future growth of the city and encouraged the citizens to vote for annexation. CONSENT AGENDA The following items were presented to the Council for their approval by consent: (1) Minutes of January 6, 2003, Council Work Session & Council Meeting (2) (RENEWAL) Agreement with Lincoln University Agreement for Public Access Cable CATV (3) Authorization to Accept Insurance Settlement Councilman Kenneth Ferguson stated that he would like for item (b) to be removed from consideration at this time to allow more time for Lincoln University to consider the issue. There were no objections to Councilman Ferguson's request. Councilman Larry Vincent then made a motion to approve items (a) and (c) of the Consent Agenda, and hold over item (b) for future consideration, seconded by Councilman David E. Smith, and approved unanimously. REGULAR COUNCIL MEETING JANUARY 21, 2003 3 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. b. c. e. Planning & Zoning Commission, December 12, 2002 Pedestrian - Bicycle Task Force, December 11, 2002 Police Personnel Board, July 11, September 5,October 3, November 7, and December 5, 2002 Parks & Recreation Commission, December 9, 2002 Board of Adjustment, January 14, 2003 ANNOUNCEMENTS BY THE MAYOR Mayor Tom Rackers announced that the City of Jefferson's Finance Department has for the sixth year in a row received the "Excellence in Financial Reporting" award from the Government Finance Officers Association (GFOA). Mayor Rackers presented the plaque award to Finance Director Steve Schlueter, who accepted it on behalf of the Finance Department, and introduced Chief Accountant Phyllis Gilpin who, Mr. Schlueter stated, was the architect of the report which received the award. Councilman Larry Vincent asked if the Chair would allow him to make an announcement at this time. Mayor Tom Rackers granted permission for Councilman Vincent's announcement. Councilman Vincent announced that at the January 13 meeting of the Jefferson City Parks and Recreation Commission, a resolution was unanimously approved, and signed, by all nine Commission members endorsing the annexation issue on the February 4 ballot. Councilman Vincent read the resolution and submitted a copy of it to the City Clerk for the record. APPOINTMENTS BY THE MAYOR There were no appointments to come before the Council at this time. BILLS INTRODUCED Bill 2002 -130, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 29 -143 (BASIS FOR COMPUTATION), SUBPARAGRAPHS (A) AND (B), OF THE CODE REGULAR COUNCIL MEETING JANUARY 21, 2003 4 OF THE CITY OF JEFFERSON, PERTAINING TO THE EFFECTIVE DATE OF SEWER CHARGE ADJUSTMENTS. Bill 2002 -131, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCES 11650 AND 11749 PERTAINING TO THE RULES AND REGULATIONS FOR THE POLICE PERSONNEL BOARD, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF. Councilman Vincent stated that he believes some changes will be made to the bill, specifically pertaining to Rule No. 18, before the Council votes on it. Bill 2002 -132, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF 37.28 ACRES OF REAL PROPERTY CONTIGUOUS TO AND LYING WEST OF THE PRESENT CITY LIMITS INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHT, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN COLE COUNTY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 2002 -133, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN EASEMENTS FOR SANITARY SEWER PURPOSES IN THE 3500 BLOCK OF TRUMAN BOULEVARD . Bill 2002 -134, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SEWER CONNECTION AND EXTENSION CHARGES. Bill 2002 -135, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Councilman Larry Vincent requested that Bill 2002 -135 be placed on the Informal Calendar at this time. REGULAR COUNCIL MEETING JANUARY 21, 2003 BILLS PENDING 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. 5 Bill 2002 -124 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13491: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None 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. Bill 2002- was read third time by title, placed on final passage and passed by the following vote as Ordinance 13492: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None 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. Bill 2002 -126 was read third time by title. Councilman Richard Groner made a motion to accept Substitute Bill 2002 -126 which was distributed to the Council prior to the meeting, motion was seconded by Councilman Roy Viessman and approved unanimously. Bill 2002- 126, was then placed on final passage and passed, as substituted, by the following vote as Ordinance 13493: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None REGULAR COUNCIL MEETING JANUARY 21, 2003 6 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 -127 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13494: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None 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 -128 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13495: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None 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 moved to amend Bill 2002 -129 as distributed by Transportation Director Marty Brose prior to the meeting. The motion was seconded by Councilman Cliff Olsen, and approved unanimously. Bill 2002 -129 was then read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 13496: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, and Vogel Nay: None REGULAR COUNCIL MEETING JANUARY 21, 2003 INFORMAL CALENDAR 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. 7 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 then requested that Bill 2002 -118 remain on the Informal Calendar at this time. RESOLUTIONS RS2002 -026 City Council Approval of Issuance of Press Release Pertaining to Annexation of Algoa, Southwest, and Northwest Areas (Angle, Ferguson, Groner, Klindt, Smith, Olsen, Viessman, Vincent, Vogel, and Weber) Councilman Larry Vincent requested that the Parks and Recreation Commission resolution which he read earlier in the meeting be added to the background information on the Resolution Summary. A motion was made by Councilman Cliff Olsen for adoption of Resolution RS2002 -026 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. CLOSED SESSION MINUTES The following closed session minutes were brought before the Council for approval: January 6, 2003, Closed Session Minutes Councilman Cliff Olsen stated that he had made an annotation on the minutes when he signed them which corrected a typo by leaving a letter off the end of a word. A motion was then made by Councilman Cliff Olsen for approval, seconded by Councilman Kenneth Ferguson, and approved unanimously. REGULAR COUNCIL MEETING JANUARY 21, 2003 NEW BUSINESS 8 Councilman Cliff Olsen made comments regarding an announcement by Mediacom that cable television rates will be raised in the near future. Councilman Olsen stated that he believes the increases are much higher in comparison to other increases found on the Consumer Price Index (CPI) for the same period of time. He stated that the Federal Government has taken over the regulation of cable television rates, and encouraged the Council and citizens of Jefferson City to contact their Senators and Congressmen to object to the fact that cities no longer have any authority to regulate cable rates charged. He stated that if the Federal Government is not going to regulate the cable industry, they should turn the regulation back over to the cities. Councilman Dan Klindt stated that he has received several constituent calls regarding political campaign signs which have been placed on property without permission of the property owners. He asked City Administrator Rich Mays whom the citizens can call when they have such complaints. Mr. Mays stated that they can contact Mr. Charles Lansford at 634 -6430. Councilman Klindt encouraged candidates to gain permission from property owners before placing signs to insure that they will continue to have the right to use campaign signs in the future. Councilman Clyde Angle stated that he had received an e-mail from Ms. Linda Frost, Program Director of the Prevention Resource Center / Family Counseling Center, announcing a free Legislative Issues Workshop on January 31 regarding the issue of substance abuse. He stated anyone interested in registering for the conference may call Ms. Frost at 573 - 442 -2591. Councilman Clyde Angle made comments to follow up on an update on the issue of drug use in Jefferson City. He stated it would be helpful to receive an update from the Regional Task Force on Drug Free Youth and the Jefferson City Police Department. Councilman Cliff Olsen announced that he and Councilman RoyViessmanwill hold a public hearing at the Belair School on Tuesday, January 28, 2003, at 7:00 PM concerning sidewalks on Belair, Twin Hills Road, and Lola Drive. He encouraged anyone with input on sidewalks on those streets to attend that meeting. UNFINISH ED BUSINESS Councilman Clyde Angle made comments regarding a recent budget meeting held by the Jefferson City Convention and Visitors Bureau (CVB) concerning comments he made atthat meeting. He stated that the comments made about him were false, and submitted the minutes of that meeting to the City Clerk and requested that they be copied and distributed to the other City Council Members. Councilman Clyde Angle made comments regarding defective equipment violations issue which for which he had requested information from the city. He stated he has now completed his review of that information and submitted it to the City Clerk and asked that it be provided to the other City Council Members. REGULAR COUNCIL MEETING JANUARY 21, 2003 9 COUNCIL LIAISON REPORTS There were no Council liaison reports made at this time. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Larry Vincent for adjournment, seconded by Councilman Cliff Olsen, and approved unanimously at 7:00 PM.