HomeMy Public PortalAbout20030407REGULAR COUNCIL MEETING APRIL 7, 2003
CALL TO ORDER
1
The Regular Council Meeting of April 7, 2003, 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, Klindt, Olsen, Smith, Viessman, Vincent,
Vogel, and Weber
Absent: None
A quorum was declared present.
PUBLIC HEARINGS
Amendment to Section 35- 74.A.3 of the Code, Legislative Approval - Development Permits/
Comprehensive Plan Amendments / Application and Review Procedures (Bill 2002 -156) —
City Planner Janice McMillan made a presentation outlining the background of the
proposed amendment. Following Ms. McMillan's presentation, the following persons spoke
in favor of the proposed amendment:
Mr. Heath Clarkston, 215 E. Capitol Avenue, on behalf of Home Builders' Association
(HBA). Mr. Clarkston distributed a handout. He encouraged the Council to approve the Bill
2002 -156 so that Jefferson City can continue to grow and prosper, and stated that during
the process of writing the zoning ordinance, no one noticed this flaw. He suggested other
changes may be noticed and brought forward in the future as they are discovered.
Mr. Dave Meyer, Vice President of Economic Development with the Jefferson City Area
Chamber of Commerce. Mr. Meyer also encouraged the Council to approve Bill 2002 -156.
No one present requested to speak in opposition to the proposed amendment.
Mayor Tom Rackers declared the public hearing concluded.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
There were no presentations made at this time.
REGULAR COUNCIL MEETING APRIL 7, 2003
PRESENTATIONS FROM THE GALLERY
2
Councilman Dan Klindt stated some Boy Scouts were present and asked that the Council
stop at this time to recognize them. Troop 11 from the First Baptist Church, were present
to earn their Citizenship in the Community Merit Badge. The Mayor and City Council
welcomed the troop. Also, Troop 104 was present, and members were introduced by Mr.
Rusty Johnson.
The following persons requested to speak in opposition to the proposed annexation issues
on the ballot of April 8, 2003:
Mr. John Ellinger, owner of property located at 708 E. McCarty Street. Mr. Ellinger's
commented he believes the plans of intent are in favor of only city residents, and do not
offer anything for county residents.
Mr. Marc Ellinger, 3220 Glenstone Drive, stated he believes that a committee should be
formed to put together a comprehensive plan for the future and be made up of one -half city
residents and one -half county residents, and offered his assistance.
Ms. Arlesha Mays, 901 Shumate Chapel Road, stated she believes the plan of intent is
intended only to benefit the city limits and ignores the persons in the proposed annexation
areas.
Mr. Ken Thoenen, 115 Delmar, spoke about details in the annexation budget and believes
expenses will not be covered by the income in the budget.
Ms. Tina Hale Rush, 2712 Kenwood, spoke about sewer issues in the proposed areas, and
stated she does not believe current sewer needs are being met.
Mr. Tom Piper, 2539 Lexington Drive, spoke about "images," "faces ", and "future" of
annexation.
Mr. Mark Kuster, 1115 Eastland Drive, a resident of the First Ward inside the city, stated
he disagreed with the way the annexation issue was handled. He owns property that he
understood was proposed for use as a fire station but that no one had contacted him about
it.
The following persons requested to speak in favor of the proposed annexation issues on
the ballot of April 8, 2003:
Mr. Paul Vanhorn, 808 Strasburg Court, spoke about recent vandalism to signs placed by
the Citizens for our Community's Future and distributed handouts showing the vandalism.
Mr. John Kuebler, on behalf of the Citizens for our Community's Future, thanked the city
for placing annexation on the ballot, and felt it was wise to place them as three different
areas since they all represent three unique areas. He thanked staff, the F.O.P., Firefighters
REGULAR COUNCIL MEETING APRIL 7, 2003 3
Local Union 671 who have given their own personal time in the campaign.
Mayor -Elect John Landwehr, 2103 Scenic Drive, stated he is gratified to see some
citizens from the proposed annexation areas present, and stated that whether annexation
passes or not in the April 8 election, he wished to get together beginning April 9 to begin
the process of working together on important issues to both areas.
There were no others present requesting to speak on the issue of annexation.
Mr. Tony Hiesberger, 1034 Carousel Drive, made a presentation regarding a recent article
in the Jefferson City News Tribune regarding the issue of money owed to the city as it
related to his qualification on the city election ballot. He stated he felt the article questioned
his legitimacy as a candidate and objected to it.
Mr. Nimrod Chapel, 909 Cari Ann Drive, President of the local NAACP, spoke regarding
the issue of Affirmative Action. He believed that Jefferson City has the opportunity to effect
what he termed a "trickle up" impact on the community by approving Bill 2002 -154 which
will establish a Commission on Human Relations.
Rev. Freda Cash Bade, who had previously requested to speak, but who had to leave the
meeting to meet a prior commitment, had a handout which was distributed. Councilman
Clyde Angle requested that City Clerk Phyllis Powell read the handout in lieu of Rev.
Bade's personal delivery of the message, which also encouraged passage of Bill 2002 -154.
Following presentations from the gallery, Councilman Clyde Angle made comments
regarding Mr. Hiesberger's presentation, and stated he believed the City Council owed an
apology to Mr. Hiesberger.
At this time, the Mayor and all ten Council Members made comments in support of the
proposed annexation, and encouraged citizens to vote in favor of annexation in the April
8, 2003 election.
CONSENT AGENDA
The following items were presented to the Council for their approval by consent:
a.
b.
Minutes of March 17, 2003, Council Work Session & Council Meeting
Minutes of March 20, 2003, Special Council Meeting
c. Correction to March 3, 2003 Council Meeting Minutes
d
e.
Bid 2063 — Street Marking Paint, Dept. of Transportation, Street
Division
Sole Source 2070 — Burn Tower Panels, Fire Department
(Renewal) Cost Sharing Agreement with Federal Aviation
Administration for Air Traffic Control Tower Operation
REGULAR COUNCIL MEETING APRIL 7, 2003 4
g. Change Order No. 4 to South School Pedestrian /Bike Trail Project
Councilman Bob Weber requested that Item (g) be removed for separate consideration
since he has a conflict of interest with that item. A motion was made by Councilman Cliff
Olsen for approval of Items (a) through (f) of the Consent Agenda as presented, seconded
by Councilman Larry Vincent and approved unanimously.
Item (g): A motion was made by Councilman Larry Vincent for approval of Item (g) as
presented, seconded by Councilman Kenneth Ferguson, and approved with Councilman
Bob Weber abstaining.
MINUTES AND REPORTS RECEIVED AND FILED
The Presiding Officer 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.
d.
e.
f.
g.
h.
Finance Committee, March 11, 2003
Convention & Visitors Bureau Minutes, Agendas, and Reports
Public Works & Planning Committee, February 20, 2003
Planning & Zoning Commission, February 13, 2003
Plumbing Board of Review & Examiners, January 29, 2003
Estate of Mary B. Heinrichs Report of Trustees for 2002
Housing Authority Board of Commissioners, January 22, 2003
Housing Authority Resolution No. 3862 Endorsing Proposed
Annexation
ANNOUNCEMENTS BY TH
E MAYOR
Mayor Tom Rackers read a proclamation proclaiming "Telecommunications Operators
Week." Mayor Rackers presented the proclamation to Kathy Abernathy, a
Telecommunications Operator with the Jefferson City Police Department, who accepted it
on behalf of her department.
Mayor Tom Rackers announced that the Council had requested that Resolution RS2002 -33
be moved up on the agenda at this time.
RS2002 -33 — Commending Members of the United States Armed Forces (Angle,
Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and
Weber). A motion was made by Councilman Larry Vincent for adoption of
RS2002 -33, seconded by Councilman Bob Weber, and approved
REGULAR COUNCIL MEETING APRIL 7, 2003
unanimously.
APPOINTMENTS BY THE MAYOR
5
Mayor Tom Rackers recommended the following appointments to City boards and
commissions:
Board
CVB:
Trans & Traffic:
Parks & Recreation:
Person Type Ward
Mark Schreiber Dec 2004 Partial
Bill Yarnell June 2006 Reappointment
Byron Zalken June 2006 Reappointment
John Pelzer May 2006 Reappointment
Glenda Fry May 2006 Reappointment
A motion was made by Councilman Larry Vincent to approve the appointments as
recommended, seconded by Councilman Edith Vogel and approved unanimously.
BILLS INTRODUCED
Bill 2002 -157, sponsored by Councilmen Smith, Vogel, Olsen, and Viessman, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER
ASSOCIATES FOR THE DIX & INDUSTRIAL INTERSECTION AND BOLIVAR &
Bill 2002 -158, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER
ASSOCIATES, INC. FOR THE DEVELOPMENT OF A GEOCODABLE STREET
CENTERLINE FILE FOR THE CITY OF JEFFERSON AND COLE COUNTY.
Bill 2002 -159, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEOANALYTICS, INC.
FOR DEVELOPMENT OF STRATEGIC GIS IMPLEMENTATION PLAN.
REGULAR COUNCIL MEETING APRIL 7, 2003 6
Bill 2002 -160, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COUNTY OF COLE
FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH THE GEOCODABLE STREET
CENTERLINE FILE PROJECT, AND THE GIS IMPLEMENTATION PLAN PROJECT.
Bill 2002 -161, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PRO SERVICES FOR
CEMETERY MAINTENANCE.
Bill 2002 -162, sponsored by Councilman Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION
FOUR, A SUBDIVISION OF THE CITY OF JEFFERSON.
MCCARTY INTERSECTION PROJECTS.
Councilman Richard Groner asked questions about drainage problems concerning
subdivisions involving both bill 2002 -162 and 2002 -163. Following some answers by
Community Development Director Pat Sullivan, Councilman Groner stated he would just let
the issue drop at this time. Councilman David E. Smith requested Community Development
Director Pat Sullivan to contact GTLR about stormwater issues and let them know where
the City stands on this issue. Mr. Sullivan stated he has spoken to the developer and he has
agreed to fix the problem.
Bill 2002 -163, sponsored by Councilman Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL SUBDIVISION PLAT and FINAL PUD PLAN OF HATTING
PLACE, A PLANNED UNIT DEVELOPMENT AND SUBDIVISION OF THE CITY OF
JEFFERSON.
Bill 2002 -164, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARITON
VALLEY /TRISTAR COMMUNICATIONS FOR RADIO MAINTENANCE.
Bill 2002 -165, sponsored by Councilman Vogel, entitled:
REGULAR COUNCIL MEETING APRIL 7, 2003 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 7 -52,
MEMBERS, OF CHAPTER 7 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
TO INCLUDE ADDITIONAL QUALIFICATIONS FOR MEMBERS OF THE COMMISSION
ON HISTORIC PRESERVATION AND TO REQUIRE INITIATION OF ACTIONS TO FILL
A VACANCY.
Councilman David E. Smith requested to be added as a co- sponsor to this bill. Councilman
Cliff Olsen requested that this bill be amended to require that a representative from each
ward serve on the Committee. Councilman Edith Vogel stated that, as Chairman of the
Appointment Review Committee, they can only make appointments from the pool of
interested applicants. She encouraged citizens who might be interested in serving on this
committee to please obtain the Volunteer Profile Form and fill it out so they can be
considered for appointment.
Bill 2002 -166, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE
NO. 13467, AND AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE
(0), (PARKING TIME LIMIT ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY
DELETING A PORTION OF EAST HIGH STREET AND ADDING A NEW PORTION OF
EAST HIGH STREET IN LIEU THEREOF.
Bill 2002 -167, sponsored by Councilmen Vincent and Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY,
MISSOURI PERTAINING TO MILITARY LEAVE.
Councilman David E. Smith stated that a substitute to the bill had been distributed to the
Council before the bill had been introduced, so that a motion to accept that as the substitute
was not necessary. A lengthy discussion was held regarding this issue. Many questions
were directed to City Counselor Allen Garner and Human Resources Director Gail Strope.
Councilman Cliff Olsen made a motion to accept the President's declaration of national
emergency as a Jefferson City emergency so that the City can begin paying the people
currently deployed with the military. Following discussion, Councilman Olsen decided to
bring up his comments under New Business instead of as a motion at this time. Councilman
Bob Weber requested that the rules be suspended and Bill 2002 -167 placed on third
reading and final passage. Councilman Groner objected because he felt he has not had
enough time to read the new bill that was distributed as a substitute. No other Council
Members objected to the request for suspension of the rules.
Bill 2002 -167 was then read second and third times by title, placed on final passage, and
passed by the following roll -call vote as Ordinance No. 13519:
Aye: Angle, Ferguson, Klindt, Smith, Viessman, Vincent, Vogel and Weber
Nay: Groner and Olsen
REGULAR COUNCIL MEETING APRIL 7, 2003
BILLS PENDING
8
Bill 2002 -149, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH COLE COUNTY
SPECIAL SERVICES FOR TRANSPORTATION SERVICES FOR THE
DEVELOPMENTALLY DISABLED.
Bill 2002 -149 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13512:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None
Bill 2002 -150, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 (STREETS AND HIGHWAYS), SCHEDULE Z, (RESIDENTIAL PERMIT PARKING
ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF THE 300
BLOCK OF UNION STREET.
Bill 2002 -150 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13513:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None
Bill 2002 -151, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (L), (PARKING OF TRUCKS, BUSES,
ETC.) OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION
OF LANDWEHR HILLS ROAD.
Bill 2002 -151 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13514:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None
REGULAR COUNCIL MEETING APRIL 7, 2003 9
Bill 2002 -152, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V), (DISABLED PARKING SPACES)
OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF
LAFAYETTE STREET.
Bill 2002 -152 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13515:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None
Bill 2002 -153, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE SALARIES
OF ELECTED OFFICIALS BY CHANGING THE SALARY FOR THE POSITION OF CITY
PROSECUTING ATTORNEY.
Councilman Richard Groner stated this should not be passed right before an election.
Councilman Clyde Angle stated he is concerned because the judge's salary is not also
being raised. Bill 2002 -153 was read third time by title, placed on final passage and passed
by the following roll -call vote as Ordinance 13516:
Aye: Ferguson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber
Nay: Angle and Groner
Bill 2002 -154, 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 Clyde Angle made a motion to accept substitute Bill 2002 -154 which the
Council received with their packets, seconded by Councilman Kenneth Ferguson, and
approved unanimously. Following a lengthy discussion, Bill 2002 -154 was read third time
by title, placed on final passage and passed, as substituted, by the following roll -call vote
as Ordinance 13517:
Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, and Weber
Nay: Klindt, Vincent, and Vogel
Bill 2002 -155, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20
REGULAR COUNCIL MEETING APRIL 7, 2003 10
(MUNICIPAL JUDGE, COURT, ETC.), SECTION 6 (REPORT TO CITY COUNCIL)OF THE
CODE OF THE CITY OF JEFFERSON, MISSOURI.
At Councilman Richard Groner's request, Councilman Clyde Angle requested that Bill 2002-
155 be placed on the Informal Calendar at this time.
Bill 2002 -156, sponsored by Councilman Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ARTICLE VII
ADMINISTRATION AND PROCEDURES OF CHAPTER 35 ZONING CODE PERTAINING
TO COMPREHENSIVE PLAN MAP AMENDMENTS.
Bill 2002 -156 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13518:
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None
INFORMAL CALENDAR
Bill 2002 -144, 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 -144 remain on the Informal Calendar.
RESOLUTIONS
RS2002 -29 — Reporting of Crimes by Ward (Angle) (Held over from March 3 meeting)
Councilman Clyde Angle requested that this Resolution remain Tabled at
this time.
RS2002 -32 - -- Paperless Council Packets (Angle). Councilman Clyde Angle requested
that this resolution be tabled at this time.
NEW BUSINESS
Dix and Industrial - merge sign (Councilman Clyde Angle). Councilman Angle made
comments regarding what he felt was confusion created by the signage at this intersection.
REGULAR COUNCIL MEETING APRIL 7, 2003 11
Chronic Offenders - cars they drive (Councilman Clyde Angle). Councilman Angle stated
that because of the length of tonight's meeting he would postpone discussion of this item
until a future meeting.
2001 -2002 JCPS Crime Statistics (Councilman Clyde Angle). Councilman Angle stated that
because of the length of tonight's meeting he would postpone discussion of this item until
a future meeting.
State Audit — Sunshine Law (Councilman Clyde Angle). Councilman Angle mentioned a
recent audit of the Sunshine Law and mentioned the fact that copying charges for providing
public records might need to be looked at in the future.
Councilman Kenneth Ferguson made comments regarding the recent bus tour of the First
Ward and commended city staff for already responding to some of the 21 concerns which
were brought forth as a result of that tour. Councilman David E. Smith stated that he thought
that similar bus tours should be held in all wards, and that the city should pay for them
instead of a Council Member paying for it because he felt it was city business.
UNFINISH
ED BUSINESS
There was no unfinished business to come before the Council at this time.
COUNCIL LIAISON REPORTS
There were no liaison reports made at this time.
APPROVAL OF CLOSED SESSION MINUTES
March 17, 2003 Closed Session (Reportable Actions Taken). A motion was made by
Councilman Larry Vincent for approval, seconded by Councilman Cliff Olsen and approved
unanimously.
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: Real Estate [Sec. 610.021.(2)]; Personnel [Sec. 610.021(3)];
and 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 Cliff Olsen,
and approved unanimously by the following roll -call vote at 9:30 P.M.:
REGULAR COUNCIL MEETING APRIL 7, 2003 12
Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel
and Weber
Nay: None