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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