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Home My Public Portal About20040216REGULAR COUNCIL MEETING FEBRUARY 16, 2004 CALL TO ORDER The Regular Council Meeting of February 16, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Richard Groner, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Absent: None A quorum was declared present. MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer announced that the following minutes and reports have been received and are on file for review in the City Clerk's Office: a. Central East Side Neighborhood Plan Ad Hoc Committee, January 7, 2004 b. Certification of February 3 Primary Election Results to City Clerk c. Transportation & Traffic Commission, February 5, 2004 d. Human Relations Commission, December 9, 2003, and January 13, 2004 e. Finance Committee, October 14, 2003 f. Historic Preservation Commission, January 13, 2004 COUNCIL LIAISON REPORTS There were no reports given at this time. ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS Councilman Richard Groner announced the February 19 Public Works & Planning Committee meeting. REGULAR COUNCIL MEETING FEBRUARY 16, 2004 Councilman Roy Viessman announced a Conference & Convention Center Committee meeting will be held on Tuesday, February 17, at 5:30 P.M., at which time they will go into closed session. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: a. City Boards and Commissions Board Person Term Expires Term Status Library Board Karlene Diekroger March 2007 Reappointment Library Board Jim Nelson March 2007 Reappointment Environmental Quality Jim Wisch Nov 2007 Partial Economic Development Randy Halsey Oct 2004 Partial Economic Development Eric Peters Oct 2005 Partial Human Relations Phil Garcia Oct 2004 Partial Human Relations Walter Pearson Oct 2005 Partial A motion was made by Councilman Bob Weber for approval of all appointments as recommended, seconded by Councilman Kenneth Ferguson and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Ms. Ann Nunn, 4922 Lake Road, made a presentation regarding NAP Credits through the Neighborhood Reinvestment Foundation. Ms. Nunn distributed a handout explaining the program and how that the persons working on this project hope to use grant funding to restore the "storefronts" of historical buildings in the downtown business district to their original facades. PRESENTATIONS FROM THE GALLERY Mr. Malcolm Griffin, 1008 Marshall Street, made a presentation regarding a problem he has had with a flatbed trailer parked on his street in a residential permit parking zone. Following Mr. Griffin's presentation, he was asked questions by the Mayor and City Council. REGULAR COUNCIL MEETING FEBRUARY 16, 2004 City Counselor Nathan Nickolaus was asked to clarify the ordinances which would apply in this matter. Following Mr. Nickolaus's explanation, he was directed to draft an ordinance to be introduced at the March 1 Council Meeting which will close "loop holes" and address such problems as the one Mr. Griffin brought to the attention of the Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of January 30, 2004, "Brown Bag" Work Session b. Minutes of February 2, 2004, "Pre- Meeting" Work Session c. Minutes of February 2, Regular City Council Meeting A motion was made by Councilman Cliff Olsen for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson and approved unanimously. BILLS INTRODUCED Bill 2003 -171, sponsored by Councilmen Angle, Weber, and Groner, 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.; AUTHORIZING THE EXECUTION OF UTILITY RELOCATION AGREEMENTS WITH COLE COUNTY PUBLIC WATER SUPPLY DISTRICT NO. 1, THREE RIVERS ELECTRIC COOPERATIVE, AND UNION ELECTRIC COMPANY D /B /A AMERENUE; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION FOR SANITARY SEWER RELOCATION, ALL PERTAINING TO THE SOUTH COUNTRY CLUB DRIVE IMPROVEMENTS PROJECT. Bill 2003 -172, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING RIGHT -OF -WAY FOR A PORTION OF HOFFMAN DRIVE, AND CERTAIN UTILITY EASEMENTS FOR A PORTION OF THE IVENS ADDITION SECTION 2. REGULAR COUNCIL MEETING FEBRUARY 16, 2004 Bill 2003 -173, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A RIGHT -OF -WAY AT THE INTERSECTION OF SCHELLRIDGE DRIVE AND COUNTRY CLUB DRIVE. Bill 2003 -174, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF YOUNG ADDITION NO. ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI Bill 2003 -175, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE TRANSIT FUND. Bill 2003 -176, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AMENDMENT WITH TRANSSYSTEMS CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES. BILLS PENDING Bill 2003 -164, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING CONVEYANCE OF A TRACT OF LAND TO UNION ELECTRIC COMPANY. Bill 2003 -164 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13681: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -165, sponsored by Councilman Groner, entitled: REGULAR COUNCIL MEETING FEBRUARY 16, 2004 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VISU -SEWER CLEAN AND SEAL, INC. FOR BASIN 3 SANITARY SEWER REHABILITATION. Bill 2003 -165 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13682: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None Bill 2003 -166, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 2- 377 OF THE CITY CODE REGARDING BIDDING PROCEDURES. Councilman Richard Groner requested that Bill 2003 -166 be placed on the Informal Calendar at this time. Bill 2003 -167, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING NAMES FOR UNNAMED ALLEYS AND ADOPTING "ALLEY" AS THE SUFFIX FOR EXISTING NAMED ALLEYS IN THE DOWNTOWN AND SOUTHSIDE (OLD MUNICHBURG)AREAS, AND REPEALING ORDINANCE NO. 13673, SUBSTITUTE. Councilman Richard Groner asked if any Council members wanted him to place this item on the Informal Calendar. Following a brief discussion, Councilman Groner requested that Bill 2003 -167 be placed on the Informal Calendar at this time. Bill 2003 -168, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JACOBS CIVIL, INC. FOR CONSTRUCTION /REHABILITATION QUALITY ASSURANCE SERVICES FOR BASIN 3 SANITARY SEWER REHABILITATION. Bill 2003 -168 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13683: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING FEBRUARY 16, 2004 Bill 2003 -169, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC.), SECTION 6 (REPORT TO CITY COUNCIL)OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Councilman Clyde Angle requested that Bill 2003 -169 be placed on the Informal Calendar at this time. Bill 2003 -170, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT WITH CHERRY CREEK LAND, LLC. Bill 2003 -170 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13684: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and Weber Nay: None RESOLUTIONS RS2003 -21 Adopting 2004 Affirmative Action Plan (Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber). Councilman Clyde Angle requested that all ten Council Members be listed as sponsors of this resolution, to which there were no objections. A motion was made by Councilman Kenneth Ferguson for adoption of RS2003 -21, seconded by Councilman Cliff Olsen and approved unanimously. RS2003 -22 Highway 179 Scenic Byway (Viessman) A motion was made by Councilman Roy Viessman for adoption of RS2003 -22, seconded by Councilman Dan Klindt and approved unanimously. NEW BUSINESS Following a brief discussion, the Council agreed to schedule a meeting of the City Council with the Storm Water Advisory Committee for Tuesday, March 9, at 5:30 P.M. in either the police classroom or the annex multi - purpose room. Staff was asked to send out letters to REGULAR COUNCIL MEETING FEBRUARY 16, 2004 the Storm Water Advisory Committee advising them of the meeting. Councilman Kenneth Ferguson commended City staff for their outstanding work keeping streets and roads cleared during the recent inclement weather. UNFINISH ED BUSINESS Councilman Cliff Olsen made comments regarding the ad hoc Council Rules Committee, and asked who else would be interested in serving on that committee. Councilmen Weber, Angle, and Gordon indicated they would be interested. Mayor John Landwehr requested that the City Clerk place an item on the April 19 Council Agenda so that the committee can give the Council a status report at that time. Mayor John Landwehr explained what he would like the ad hoc committee to review bidding ordinances and procedure to accomplish. He stated he has asked Councilman Richard Groner to head up that committee, and any other Council Members interested in serving on that committee should let Councilman Groner know. Mayor John Landwehr requested that the City Clerk place an item on the May 17 agenda so the committee can give a report to the Council at that time. Finance Director Steve Schlueter was asked to provide copies of the current bidding ordinances, policies and procedures to the committee. Councilman Clyde Angle asked that the issue of downtown sidewalks be discussed at the February 19 Public Works & Planning Committee meeting, and reminded everyone that the warranty will expire on March 28. Councilman Clyde Angle made comments regarding a Council retreat, and handed out a revised list of proposed agenda items for such a retreat. Following discussion, Councilman Richard Groner made a motion to wait until after the April 6 election to hold a retreat, seconded by Councilman Roy Viessman. Councilman Cliff Olsen asked for a friendly amendment to the motion to wait until after the new Council is seated in April. Councilman Groner accepted the suggestion and agreed to amend his motion, Councilman Viessman agreed to it as second. Councilman Clyde Angle asked that the Council not put the retreat off for at least the issues of public safety and suggested they could hold the retreat on those issues in March. Councilman Groner stated he would not amend his motion to reflect that change. Mayor John Landwehr suggested that the Council consider including all sitting Council Members in a retreat whenever it is scheduled, whether they are still on the Council or not at the time the retreat is held. Councilman Groner agreed to amend his motion again to reflect the Mayor's suggestion, Councilman Viessman agreed as second. The motion was then approved with Councilman Angle voting "Nay." APPROVAL OF CLOSED SESSION MINUTES Minutes of February 2, 2004, Closed Session: A motion was made by Councilman Michael Berry for approval of the minutes as presented, seconded by Councilman Roy Viessman REGULAR COUNCIL MEETING FEBRUARY 16, 2004 and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion at this time to go into Closed Session to discuss the following: Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Cliff Olsen to go into Closed Session, seconded by Councilman Darren Gordon, and approved by the following roll -call vote at 7:35 P.M.: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel, and Weber Nay: None