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HomeMy Public PortalAbout20030616REGULAR COUNCIL MEETING JUNE 16, 2003 CALL TO ORDER 1 The Regular Council Meeting of June 16, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Rev. Ken Harland, Capital West Christian Church, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Absent: None A quorum was declared present. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. May 2003 Finance Reports b. Appointment Review Committee, 5/29/2002 through 5/29/2003 c. Housing Authority Board of Commissioners, April 22, 2003 d. Pedestrian - Bicycle Task Force, April 9, 2003 e. Parks and Recreation Commission, May 12, 2003 f. Transportation & Traffic Commission, May 15, 2003 g. Board of Adjustment Special Meeting, May 6, 2003 h. Historic Preservation Commission, April 8 and May 7, 2003 COUNCIL LIAISON REPORTS There were no reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS REGULAR COUNCIL MEETING JUNE 16, 2003 2 Mayor John Landwehr read a Proclamation Declaring June 22 -28 as Pedestrian & Bicyclist Week. He indicated some citizens were present and one of them would be making a presentation from the gallery later in the meeting and accepting this proclamation. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: Capital Area Metropolitan Planning Organization Board (CAMPO) — Councilman Clyde Angle, Councilman Kenneth Ferguson, Councilman Dan Klindt, Councilman Edith Vogel, Community Development Director Pat Sullivan, and Transportation Director Marty Brose. A motion was made by Councilman Roy Viessman for approval, seconded by Councilman Cliff Olsen and approved unanimously. Mayor John Landwehr announced that he would like any citizens interested in serving on the newly established Human Relations Commission to contact city hall and indicate their interest. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. David E. Smith, former City Councilman, was presented with a plaque containing the "key to the city" for his service to the city. Following the presentation, Mr. Smith and Council Members made comments regarding Mr. Smith's time on the City Council, Council Members thanking Mr. Smith, and Mr. Smith thanking the Mayor, City Council, and staff. Mr. Dale Siebeneck, Evers and Company, made a presentation of the City audit and Management Letter. Following Mr. Siebeneck's presentation, he answered questions asked by Council Members. Councilman Cliff Olsen wanted to know why there was nothing in the audit about the County Road and Bridge Tax. Mr. Siebeneck explained that auditors are awaiting a legal opinion on this matter so they will know how to address the issue, but that while any potential liability would be mentioned in an audit, potential revenue would not be mentioned to avoid the possibility of its being counted on for projections or budgeting purposes. Councilman Clyde Angle asked the reason why the municipal court is not audited. Mr. Siebeneck explained how audits are performed of courts in different cities based upon whether there is a court order or not. Mr. Roger Schwartze, Missouri Department of Transportation, made a presentation regarding the Dix /Southwest Connector and the Highway 179 project. He stated the Dix /Southwest connector seems to be working as had been indicated by prior studies of the project. He then gave upcoming dates for different phases of the 179 project. REGULAR COUNCIL MEETING JUNE 16, 2003 PRESENTATIONS FROM THE GALLERY Mr. Scott Johnson, 1900 Windriver, made a presentation regarding the Agape House which provides shelter to families and friends who come to Jefferson City to visit men in the various state prisons located in the region. The Agape House is located at 810 E. High Street, and has been there for many years. Last year the organization housed 1,562 persons, including 348 children, and received $6,635 in donations by those using the center. He stated that the organization is non - profit, and recently have been facing funding problems and increased expenses. He distributed literature about the organization and stated there will be a fund - raising barbeque held on July 12 at the Schulte's IGA parking lot. Mr. Johnson was thanked by the Mayor and City Council for their service to the City. Mr. Roger Randolph, 619 Norris Drive, made a presentation regarding the formal dedication of the greenway behind Schnuck's on Missouri Boulevard, and accepted the Bicycle - Pedestrian proclamation read by Mayor John Landwehr earlier in the meeting. Mr. Randolph also spoke about the need for 20 m.p.h. speed limit in the downtown business area to make it more pedestrian friendly. 3 COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS There were no comments made by the Council at this time. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of May 30, 2003, City Council Work Session b. Minutes of June 2, 2003,City Council Work Session c. Minutes of June 2, 2003, Regular City Council Meeting d. RENEWAL - Cannon Cochran Management Services, Inc., Workers' Compensation Third Party Administrator — Human Resources e. Sole Source Procurement for Collections Systems Maintenance for grouting Councilman Cliff Olsen moved to approve the Consent Agenda as presented, seconded by Councilman Michael Berry, and approved unanimously. BILLS INTRODUCED Bill 2003 -32, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING JUNE 16, 2003 4 MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS EXCAVATING TO RAISE MANHOLE STRUCTURES. Bill 2003 -33, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR WELLNESS / FITNESS PROGRAM. Bill 2003 -34, sponsored by Councilmen Angle, Groner, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR HYDE PARK ROAD CONNECTOR AND HYDE PARK SITE IMPROVEMENTS. Bill 2003 -35, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT AMENDMENT WITH JACOBS CIVIL INC. TO PREPARE A REHABILITATION DESIGN OF SEWERS IN THE MOREAU RIVER PUMPS STATION BASIN 3. Bill 2003 -36, sponsored by Councilmen Vogel, Ferguson, Klindt, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE PARKS AND RECREATION FUND. A lengthy discussion was held regarding this issue. Councilmen Angle asked questions about funds expended from prior appropriations. Councilman Bob Weber reminded Council that during last year's budget process the Parks budget was cut more than all other departments, and that Parks was told the Council might look at the possibility of funding later if warranted. Parks & Recreation Director Bill Lockwood was asked questions by Council Members. He stated that Councilman Clyde Angle had submitted a list of questions which he had answered, and distributed the handout containing those answers. Bill 2003 -37, sponsored by Councilmen Angle and Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING ARTICLE XIII OF CHAPTER 7, CITY OF JEFFERSON ECONOMIC DEVELOPMENT ADVISORY BOARD. REGULAR COUNCIL MEETING JUNE 16, 2003 5 Bill 2003 -38, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR A CRIMINAL JUSTICE INFORMATION SYSTEM PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2002 -2003 ANNUAL BUDGET WITHIN THE GENERAL FUND. Captain Jim Johnsen stated that he had distributed a corrected "Exhibit A" to Bill 2003 -38 which corrected a typo. A motion was made by Councilman Cliff Olsen to accept the substitute Exhibit A, seconded by Councilman Dan Klindt, and approved unanimously. City Administrator Rich Mays and Captain Johnsen were asked to get information about the difference in cost for the fingerprinting system discussed in last year's budget process and the amount which was actually paid for the system. Bill 2003 -39, sponsored by Councilman Angle, 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 2002 -2003 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2003 -40, sponsored by Councilman Angle, 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 HARRISON STREET. Bill 2003 -41, sponsored by Councilmen Angle and Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE A(SPEED LIMITS), SUBPARAGRAPH (G), (TWENTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF ADAMS, JEFFERSON, MADISON, MONROE, AND WASHINGTON STREETS. Councilman Cliff Olsen stated that the 20 m.p.h. speed limit should be posted only on High Street and not lower the speed limit on all other side streets. He requested that staff perform a study to determine the average speed of traffic that traveling on those side streets. BILLS PENDING REGULAR COUNCIL MEETING JUNE 16, 2003 6 Bill 2003 -26, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES FOR SURVEYING AND EASEMENT DESCRIPTIONS FOR THE ALGOA REGIONAL WASTEWATER COLLECTION SYSTEM. Bill 2003 -26 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13555: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -27, sponsored by Councilman Klindt, Weber, and Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO VICIOUS ANIMALS. Councilman Dan Klindt stated that some alternate language has been suggested to address concerns raised over such an ordinance, and that the sponsors want to make sure that everything in it addresses all the concerns brought to their attention. Following a discussion on the issue, Councilman Klindt requested that Bill 2003 -23 be placed on the Informal Calendar. Councilman Clyde Angle stated he will be sharing with the Council information about dog bite cases which have appeared in the Municipal Court in 2001 and 2002, and stated he would like to have a work session on the issue. Bill 2003 -28, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PUBLIC WATER SUPPLY DISTRICT NO. 4 FOR FIRE PROTECTION FACILITIES AND SUPPLIES. Bill 2003 -28 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13556: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -29, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING JUNE 16, 2003 7 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES. Bill 2003 -29 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13557: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -30, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY INCREASING PARKING METER RATES ON PARKING LOT 2, AND THE 100 BLOCK OF JEFFERSON STREET. Bill 2003 -30 was read third time by title and placed on final passage. Councilman Clyde Angle moved to amend Bill 2003 -30 by changing the number of parking meters on City Parking Lot #2 from 10 to 12, as indicated in the "Motion to Amend" distributed in the City Council packets. The motion was seconded by Councilman Dan Klindt and approved unanimously. Bill 2003 -30 was then passed, as amended, by the following roll -call vote as Ordinance 13558: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -31, sponsored by Councilman Angle, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF A FINE FOR EXPIRED TEN -HOUR PARKING METERS. Bill 2003 -31 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13559: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None RESOLUTIONS RS2003 -12 Paperless Packets (Angle), held overfrom the June 2, 2003, Council Meeting. REGULAR COUNCIL MEETING JUNE 16, 2003 8 Councilman Clyde Angle stated he would like to remove RS2003 -12 from the table at this time, and stated that a substitute resolution had been sent to the Council in the packets. A motion was made by Councilman Angle to adopt the Substitute RS2003 -12 which was distributed in the City Council packets, seconded by Councilman Kenneth Ferguson and approved by the following roll -call vote: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, and Weber Nay: Vogel Following a discussion, city staff was directed to get back to the Council within 30 days to let the Council know when such a report can be done. NEW BUSINESS Nominations for Second Ward Council — Mayor John Landwehr stated that nominations would now be opened for a person to fill the Second Ward Council seat recently vacated by David E. Smith. Councilman Edith Vogel nominated William G. Patterson, II, seconded by Councilman Dan Klindt. Councilman Kenneth Ferguson nominated Darren Joe Gordon, seconded by Councilman Clyde Angle. Councilman Richard Groner nominated Robert Hohenstreet, seconded by Councilman Cliff Olsen. Councilman Bob Weber moved that nominations cease, seconded by Councilman Dan Klindt and approved unanimously. MayorJohn Landwehr announced that nominations were closed. Mayor Landwehr explained that the process set out in the code for filling a vacant City Council seat includes public forum(s). Following a brief discussion of schedules, the Council scheduled two public forums to be held on Monday, June 23, at 12:00 P.M. and 6:00 P.M. at City Hall in the large conference room. Mayor Landwehr stated that candidates nominated will also need to fill out a Declaration of Candidacy form with the City Clerk, and that they may do so following this meeting if they wish, but that they should do so within the very near future. "Brown Bag" Work Session for July 7 Council Meeting: Mayor John Landwehr stated that the Fourth of July holiday falls on the Friday when the "brown bag" work session would normally be held. Therefore, he would like to reschedule that meeting to be held on Thursday, July 3 at 12:00 P.M., but stated that the complete packets may or may not be available at that time. The Council can work with what is completed. Mayor John Landwehr stated that he would like to expand the standing committees of the council by adding a committee on annexation, and a committee on conference /convention center, and would like to introduce ordinances establishing those committees at the next REGULAR COUNCIL MEETING JUNE 16, 2003 9 Council meeting. Councilman Richard Groner stated that there will be an informational meeting held by the Corps of Engineers tomorrow, June 17, at 10:00 AM, and another meeting on Thursday, June 19, at 5:30 P.M. to discuss the L -142 Levee project. Councilman Richard Groner stated that he believes a new subdivision outside the city limits is hooking into the city's sewer system, and he wanted to know what steps were being taken to enforce the ordinance passed a couple of years ago which requires any new subdivision hooking into city sewers voluntarily annex before doing so. Mayor John Landwehr asked Councilman Gronerto identify which subdivision so staff could check into it, but Councilman Groner stated he could not name it. Mayor Landwehr asked Councilman Gronerto privately give that information to staff following the meeting, and asked staff to let the Council know how the ordinance referenced by Councilman Groner is being enforced. Councilman Clyde Angle made comments regarding the Coalition for a Smoke -Free Environment. He stated they will be taking citizen input, and that persons wishing to submit their comments can contact Mr. Carl Olsen with the Cole County Health Department. Councilman Clyde Angle commended Councilman Kenneth Ferguson on his recent bus tour of the First Ward, and that he thinks any other new council members should consider giving such tours of their wards. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Section 610.021 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: Litigation [Sec. 610.021.(1)]. A motion was made by Councilman Councilman Cliff Olsen to go into Closed Session for the above - stated purpose, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 9:00 P.M.: Aye: Angle, Berry, Ferguson, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None GO BACK INTO OPEN SESSION Following the Closed Session, the Council reconvened in open session at 9:55 P.M. at the REGULAR COUNCIL MEETING JUNE 16, 2003 10 request of City Administrator Rich Mays. Mr. Mays announced that he had just been informed by Transportation Director Marty Brose that he plans to retire effective September 1, 2003. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Cliff Olsen for adjournment, seconded by Councilman Edith Vogel and approved unanimously at 10:00 P.M.