Loading...
HomeMy Public PortalAbout20010806REGULAR COUNCIL MEETING AUGUST 6, 2001 1 CALL TO ORDER The Regular Council Meeting of August 6, 2001, was convened at 6:00 P.M. by President Pro Tempore Charles Jackson in the absence of Mayor Tom Rackers. Prayer was offered by Councilman Roy Viessman, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel, Vincent, and Weber Absent: Blaney A quorum was declared present. APPEAL HEARINGS Hearing on Leslie Boulevard - Appeal of Planning & Zoning Commission's approval of a C -4 Planned Commercial Site Plan — President Pro Tempore Charles Jackson explained the procedure according to which the appeal hearing will be conducted. Following Mr. Jackson's explanation, a presentation was made by Janice McMillan outlining the history of the decision reached in this matter by the Planning & Zoning Commission and the subsequent appeal. City Counselor Allen Garner then made a presentation explaining the contents of the packet of materials which had been distributed to the Council Members prior to the appeal hearing for their information in considering this matter. He also explained the different actions the Council may take at the end of the hearing based on their legal authority as the governing body hearing the appeal. At the conclusion of the staff's presentation, the following persons spoke on behalf of the Appellees: Mr. Dean Hopkins, 1015 Roseridge Circle. Mr. Hopkins stated that his foremost concern with the proposed location of a kindergarten enrichment center, apartments, and pool at this location were safety, particularly the line -of -sight of persons entering and exiting the property. Mr. Charles A. Newman, 1412 Rosevalley Drive. Mr. Newman stated his concern was also that of safety, especially that of the children who walk to school in the area where the business wishes to locate. REGULAR COUNCIL MEETING AUGUST 6, 2001 2 The following persons spoke on behalf of the Appellants: Ms. Pam Cordia, 1914 North Circle Drive. Ms. Cordia is the owner of the Kindergarten Connection, and she explained the usage of the facilities she proposed to place at this property. Ms. Cordia also answered numerous questions by members of the Council. Appellee Rebuttals: Mr. Don Fleener, 1419 Chestnut, stated that he liked the environment of the neighborhood as it now existed and did not wish to see a kindergarten enrichment program and apartments located at the proposed site because it would change than environment. Mr. Paul Crames, 1049 Roseridge Circle, spoke against the proposed use of the site for safety and property value reasons. Closing remarks by Staff: Janice McMillan made closing remarks and answered questions by Council Members. She stated that the city had verified that the application met all the requirements for use by a business in the C -4 zoning, and that according to staff's finding, the application did meet all the requirements. Council Actions taken: Following all presentations, Councilman Clyde Angle made a motion that the site plan be referred back to the Planning & Zoning Commission to address the safety issues which concern the citizens and the Council, particularly the line -of -sight distance at the entrance to the site. The motion was seconded by Councilman Cliff Olsen. Following discussion, Councilman Larry Vincent moved to amend the motion to direct that the Planning & Zoning Commission consider Council's recommendation that the site plan be amended to change the configuration of the buildings as follows: the apartment be located nearest the residential section, the kindergarten located nearest the current office building, and the pool between the two. Councilman Steve Nelson seconded the motion to amend. The motion to amend was then approved by voice vote with Councilman John Landwehr voting "Nay." The original motion, as amended, was then approved by the following roll -call vote: Aye: Angle, Jackson, Olsen, Viessman, and Weber Nay: Landwehr, Nelson, Vincent, and Vogel The matter shall be sent back to the Planning and Zoning Commission with Council's recommendations. PRESENTATIONS FROM THE GALLERY REGULAR COUNCIL MEETING AUGUST 6, 2001 3 Mr. Adam Flores, 447 Perry Drive, spoke on behalf of the Council for Drug Free Youth, who introduced the following members of the group who each made a brief presentation concerning findings at a recent summit held to address the issue of underage drinking. Molly Graham, 1002 Adams Street Ashley Steffes, 222 Eastland Drive Laura Towner, 303 Virginia Trail Bryson Feese, 1421 Rosevalley Drive Ross Branson, 1713 Independence Drive Nick Kremer, 2215 Rivercrest Court Chase Kelsey, 238 Fredricks Lane Emily Wenzlick, 2010 Daisy Lane Following the presentations, Council Members asked questions of Mr. Flores. Councilman Larry Vincent suggested that the group come up with what they would deem appropriate "punishments" for their peers who violate the underage drinking laws and present those to the city. Mr. Mike Kehoe, 1618 Paddlewheel Circle, made a presentation on behalf of the Jefferson City Area Chamber of Commerce concerning "lowest and best bidding" policies, and urged Council to consider a number of factors when awarding bids to businesses outside the city. Mr. Bill Gratz, 2315 Route M, also urged Council to take local businesses into consideration when awarding bids based on "lowest and best" bidding. RECESS President Pro Tempore Charles Jackson announced at 8:00 that the Council meeting would recess for five minutes to allow JCTV to change tapes for continued broadcasting of the meeting. RECONVENE President Pro Tempore Charles Jackson reconvened the meeting at 8:05 P.M. with the following Council Members present: Present: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel, Vincent, and Weber REGULAR COUNCIL MEETING AUGUST 6, 2001 4 Absent: Blaney PRESENTATIONS FROM THE GALLERY - 'CONT'I) Councilman John Landwehr recommended to the presenters regarding the lowest and best bidding policy that the local business community create a "score card" that could be used by the city in considering bids in the future. Mr. Kehoe stated that he is aware of other cities who use such tools and that he would be happy to locate some samples and furnish them to the city. Mr. Mark Miles, 200 Hart Street, made a presentation in support of the Lower Jefferson Conservation District bill which will be introduced later in the meeting. Ms. Joan Kramer, 871 -A Southwest Blvd., also made a presentation on behalf of the Historic Preservation Commission in support of the Lower Jefferson Conservation District. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Tom Jones, Wastewater Division Director, made a report concerning the Wade and Associates smoke testing project on the main branch of the Wears Creek. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes July 16, 2001 b. RENEWAL - (year two) Audit Services Contract, Evers & Co. c. Authorizing Conditional Use of Right -of -Way, Krieger & Krieger, 1800 Southwest Blvd. Authorizing Supplemental Agreement (Amendment) to Sidewalk Grant e. Authorizing Amendment to Employment Contract with Bill Yarnell Councilman Steve Nelson requested clarification of item (D) and stated, for the record, that although he supports sidewalks, he agrees with the neighbors in the Fillmore Street area that a four -foot sidewalk would almost completely eliminate their front footages. Finance DirectorSteve Schlueter answered questions asked by Councilman Larry Vincent regarding item (B). A motion was made by Councilman Larry Vincent for approval of the Consent Agenda, motion was seconded by Councilman Steve Nelson, and approved unanimously. REGULAR COUNCIL MEETING AUGUST 6, 2001 5 MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Charles Jackson announced that the following minutes and reports have been received and are on file in the City Clerk's Office for public inspection: a. Planning & Zoning Commission, June 14, 2001 b. Transportation & Traffic Commission, June 7, 2001 c. Parks & Recreation Commission, June 11, 2001 d. Pedestrian - Bicycle Task Force, June 20, 2001 e. Housing Authority Board of Commissioners, June 28, 2001 f. June Financial Reports ANNOUNCEMENTS BY TH E MAYOR There were no announcements made at this time. APPOINTMENTS BY THE MAYOR President Pro Tempore Charles Jackson announced that the following appointments have been recommended to the Council by Mayor Tom Rackers: Police Officer — Michael Parks Police Officer — Jason Frederick A motion was made by Councilman Larry Vincent for approval of the appointments, seconded by Councilman Steve Nelson and approved unanimously. BILLS INTRODUCED Bill 2001 -55, sponsored by Councilman Landwehr, 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 OF A 3.78 ACRE SITE LOCATED ON THE NORTH SIDE OF THE 1100 BLOCK OF BOONVILLE ROAD; KNOWN AS SOMERSET MEADOW SUBDIVISION FROM RS -2, SINGLE FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT. REGULAR COUNCIL MEETING AUGUST 6, 2001 6 Bill 2001 -56, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING STREET RIGHTS -OF -WAY AND CERTAIN EASEMENTS FOR SANITARY SEWER, GENERAL UTILITY, AND DRAINAGE PURPOSES IN A PORTION OF SOMERSET MEADOW SUBDIVISION. Bill 2001 -57, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF THE REPLAT OF SOMERSET MEADOW SUBDIVISION, A MINOR SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2001 -58, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF EL MERCADO DEVELOPMENT, SECTION FIVE, A MINOR SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2001 -59, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2001 -60, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2001. Bill 2001 -61, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR STORMWATER GRANT AGREEMENT #JEFF - 0259 -01 G. Bill 2001 -62, sponsored by Councilman Blaney, entitled: REGULAR COUNCIL MEETING AUGUST 6, 2001 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF MISSOURI, OFFICE OF ADMINISTRATION, FOR A MASTER PARKING LEASE. Bill 2001 -63, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22, SECTION 27 LOADING ZONES. Bill 2001 -64, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF LOT 8. Bill 2001 -65, sponsored by Councilman Blaney, 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 2001 -66, sponsored by Councilman Blaney, 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 WILSON DRIVE. Bill 2001 -67, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES), SUBPARAGRAPH A (TWO HOUR LIMIT) AND SUBPARAGRAPH C (TEN HOUR LIMIT) OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION AND DELETION OF PORTIONS OF STATE STREET, JEFFERSON STREET, MILLER STREET, AND LOT 1 AT 200 JEFFERSON STREET. Bill 2001 -68, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE REGULAR COUNCIL MEETING AUGUST 6, 2001 8 13133, THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE POLICE DEPARTMENT. Bill 2001 -69, sponsored by Councilmen Nelson, Vogel, Blaney, Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE "LOWER JEFFERSON CONSERVATION DISTRICT," GENERALLY LOCATED IN THE 1000, 1100 and 1200 BLOCKS OF WEST MAIN STREET, AS A NEIGHBORHOOD CONSERVATION PLANNED DISTRICT AUTHORIZED BY SECTION 8 -43 OF THE CODE, AND ADOPTING DESIGN GUIDELINES THEREFORE. Bill 2001 -70, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE MODAG FUND. Bill 2001 -71, sponsored by Councilman Vincent, entitled: AN ORDINANCE GRANTING TO THE UNITED TELEPHONE COMPANY OF MISSOURI d /b /a SPRINT, A FRANCHISE TO USE THE STREETS, AVENUES, BOULEVARDS, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, TO CONDUCT THE BUSINESS OF INSTALLING, MAINTAINING, MANAGING AND OPERATING A COMMUNICATIONS SYSTEM WITH ALL NECESSARY POLES, WIRE, CABLES, CONDUIT, FIXTURES AND APPARATUS. BILLS PENDING Bill 2001 -46, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATSON FURNITURE SYSTEM FOR COMMUNICATIONS CONSOLE. Bill 2001 -46 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13228: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -47, sponsored by Councilman Vincent, entitled: REGULAR COUNCIL MEETING AUGUST 6, 2001 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS EXCAVATING COMPANY, INC. FOR YARD WASTE DROP -OFF SERVICES. Bill 2001 -47 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13229: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -48, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF JOCO SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2001 -48 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13230: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -49, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER FUND. Bill 2001 -49 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13231: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -50, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RAILROAD CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD. Bill 2001 -50 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13232: REGULAR COUNCIL MEETING AUGUST 6, 2001 10 Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -51, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FORA LOCAL GOVERNMENT SCHOOL DISTRICT PARTNERSHIP PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2000- 2001 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2001 -51 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13233: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -52, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR A NARCOTICS CONTROL ASSISTANCE PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2000 -2001 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2001 -52 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13234: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -53, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 13133, THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE FINANCE DEPARTMENT. Bill 2001 -53 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13235: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber REGULAR COUNCIL MEETING AUGUST 6, 2001 11 Nay: None Bill 2001 -54, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARTHUR J. GALLAGHER FOR PROFESSIONAL BROKER SERVICES. Councilman Clyde Angle requested information regarding coverages and premium costs, and requested that the sponsor consider placing the bill on the Informal Calendar. Councilman Larry Vincent stated that he would prefer to vote on the bill tonight. City Administrator Rich Mays asked Human Resources Director Gail Strope to make a presentation answering questions which Councilman Angle had submitted regarding this bill. Following the presentation, Bill 2001 -54 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13236: Aye: Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: Angle RESOLUTIONS a. RS2001 -13 Vehicle Crashes (Angle) b. RS2001 -14 City Rules and Regulations (Angle) c. RS2001 -15 City Reports and Studies (Angle) d. RS2001 -16 Mayor's Commission on Human Rights (Angle) e. RS2001 -17 Convention and Visitors Bureau (Angle) Councilman Clyde Angle stated that, due to the lateness of the hour, he would request that Resolutions RS2001 -13 through RS2001 -17 be tabled until the August 20 Council Meeting. NEW BUSINESS a. Motion to Disclose Settlements (Councilman Angle) b. Convention Center (Councilman Angle) c. City Priorities (Councilman Angle) d. Five -Year Capital Improvement Plan (Councilman Angle) e. School AREA Studies - JBM Consulting Engineers (Councilman Angle) REGULAR COUNCIL MEETING AUGUST 6, 2001 12 Belair School f. Police Department Policy - Underage Drinking (Councilman Angle) Councilman Angle requested that these New Business items be tabled until the August 20 Council Meeting. UNFINISH ED BUSIN ESS a. Sidewalks - Liability Issues (Councilman Angle) b. Sidewalks - Vaults (Councilman Angle) c. Racial Profiling (Councilman Angle) Councilman Angle requested that these Unfinished Business items be tabled until the August 20 Council Meeting. COUNCIL LIAISON REPORTS Councilman Larry Vincent announced that a Finance Committee meeting will be held Thursday, August 9, at 5:30 P.M. in the upper level conference room. Copies of the proposed budget will be distributed at that time, and the committee will review the amounts in the plan for the half -cent sales tax capital improvements projects. APPROVAL OF CLOSED SESSION MINUTES Closed Session Minutes of June 18, 2001 — A motion was made by Councilman Larry Vincent for approval of the minutes, seconded by Councilman Cliff Olsen, and approved unanimously. GO INTO CLOSED SESSION President Pro Tempore Charles Jackson announced that pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion for the Council to go into Closed Session to discuss one the following: a. Personnel [Sec. 610.021(3)] REGULAR COUNCIL MEETING AUGUST 6, 2001 13 A motion was made by Councilman Cliff Olsen to go into Closed Session, seconded by Councilman Bob Weber and approved unanimously by the following roll -call vote at 9:30 P.M. : Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None