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Home My Public Portal About20020617REGULAR COUNCIL MEETING JUNE 17, 2002 1 CALL TO ORDER The Regular Council Meeting of June 17, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Richard Groner, following by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Absent: A quorum was declared present. ELECTION OF NEW COUNCIL MEMBER Councilman David E. Smith nominated Kenneth Ferguson to replace Charles Jackson as First Ward Council Member. Following a brief discussion, Councilman Larry Vincent moved that nominations cease and that Mr. Ferguson be elected by acclamation, motion was seconded by Councilman Roy Viessman and approved unanimously. City Clerk Phyllis Powell administered the Oath of Office to Mr. Ferguson, who immediately assumed his seat on the Council. Councilman Ferguson was welcomed by the Mayor and other Council Members. PRESENTATIONS FROM THE GALLERY Mr. Tom Rynard, 4012 Catalina Drive, made a presentation on behalf of the Historic Preservation Commission regarding the Commission's position on the issue of the Bassman House property on W. McCarty Street. Mr. Rynard distributed a color artist's rendition of the block with the properties restored. Councilman Larry Vincent stated that he believes the City is obligated to recoup the $200,000 of taxpayers' money that is invested in the property regardless of who purchases the property. Councilman Clyde Angle suggested that the Council establish a committee to look into the issue. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS REGULAR COUNCIL MEETING JUNE 17, 2002 2 There were no staff or consultant presentations brought forward at this time. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes June 3, 2002 b. Correction to Council Meeting Minutes March 18, 2002 c. Change Orderwith Burns & McDonnell Stormwater Management Plan Update for Additional Work (Held over from June 3 meeting) (RENEWAL) Contract with Cannon Cochran Management Services, Inc. for Workers' Compensation Administrative Services e. (RENEWAL - Year 2) Insurance Broker Services with Arthur J. Gallagher & Company f. (RENEWAL - Year 2) Bid 1961, Plumbing Services, All City g. Bid 2023 - Vertical File Cabinets, Community Development, Engineering Councilman Richard Groner requested that Item (c) be removed from consideration. Councilman Cliff Olsen noted that a correction should be made to the Minutes of the June 3 Council Meeting to reflect that he and Councilman Roy Viessman voted "Nay" on Bill 2002 -15. The request for correction was so noted by City Clerk Phyllis Powell. Councilman Larry Vincent requested that the Council receive some figures on item (e) regarding the cost paid last year. Councilman Bob Weber then moved for approval of the Consent Agenda with the removal of Item (c) and the correction to Item (a), seconded by Councilman Cliff Olsen and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED Mayor Tom Rackers 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. Housing Authority Board of Commissioners Special Meeting May 1 , 2002 b. Public Works & Planning Commission April 18, 2002 c. Finance report for May, 2002 d. Board of Adjustment May 14, 2002 REGULAR COUNCIL MEETING JUNE 17, 2002 3 ANNOUNCEMENTS BY TH E MAYOR There were no announcements made by Mayor Tom Rackers at this time. APPOINTMENTS BY THE MAYOR Mayor Tom Rackers recommended the following appointments to an ad hoc committee: Ad Hoc Committee to review Change Orders related to Burns & McDonnell (A) Councilman Richard Groner (B) Councilman Bob Weber (C) Councilman Cliff Olsen A motion was made by Councilman Cliff Olsen to approve the appointments as presented, seconded by Councilman Larry Vincent, and approved unanimously. Mayor Tom Rackers announced that he has appointed the following committee to review issues concerning councilman Clyde Angle which have recently been brought to his attention. He stated the committee will not be funded by the city, and that their function is to advise him of the information which they find in the matter. (A) Edward "Chip" Robertson (B) Donna White (C) Mel Fisher Following a lengthy discussion, Councilman Cliff Olsen stated that he does not believe the Mayor can appoint a committee without advise and consent of the Council, and read portions from the City Charter which detailed reasons for removing a Council Member from office. Following Councilman Olsen's comments, he made a motion that the Mayor should take the charges to the County Prosecutor and turn the matter over to him, seconded by Councilman Roy Viessman. Councilman Richard Groner asked Mayor Rackers what the committee were supposed to look into. Mayor Rackers stated they were being asked to determine if "abuse of power" had occurred. Following further discussion, the motion was defeated by the following roll -call vote: Aye: Angle, Olsen, and Viessman Nay: Groner, Ferguson, Klindt, Smith, Vincent, Vogel, and Weber Councilman Richard Groner made a motion to disallow the whole process of the committee which the Mayor announced until the Council receives a specific set of charges which that committee will be directed to carry out, seconded by Councilman Cliff Olsen. Mayor Tom REGULAR COUNCIL MEETING JUNE 17, 2002 4 Rackers indicated that the committee has already been appointed and that such a motion at this point will not change that. Councilman Cliff Olsen stated that instead of appointing a committee to look at Councilman Clyde Angle that a committee should be formed to look at what is wrong with the system of how parking tickets are voided or dismissed in general. Following further discussion, Councilman Richard Groner called for the question. The motion was then approved by the following roll -call vote: Aye: Angle, Groner, Olsen, Smith, and Viessman Nay: Klindt, Vincent, Vogel, and Weber Abstain: Ferguson Councilman Clyde Angle requested that Mayor Tom Rackers make sure the public is aware that of all his memos he has written concerning this matter is public information. Councilman Cliff Olsen requested a legal opinion from Associate City Counselor Michelle Coleman whether the Mayor has the power to appoint a committee without advise and consent of the Council. Ms. Coleman stated that since it is not a City Council matter, he may seek the advice of the Council, but does not need the consent of the Council to appoint such a committee. BILLS INTRODUCED Bill 2002 -34, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF CHARLESTON PLACE SUBDIVISION - SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2002 -35, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE N, (PARKING METER ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO LOCATIONS ON WEST MCCARTY STREET. Bill 2002 -36, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE T, (TAXICAB STANDS AND TAXICAB LOADING ZONES), SUBPARAGRAPH (B) (TAXICAB LOADING ZONES); AND SCHEDULE V, (DISABLED PARKING SPACES), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF JEFFERSON STREET. REGULAR COUNCIL MEETING JUNE 17, 2002 5 Bill 2002 -37, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE M, (PARKING PROHIBITED AT CERTAIN TIMES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A NEW SUBPARAGRAPH (S) PERTAINING TO DONALD AVENUE. BILLS PENDING Bill 2002 -21, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH MIKE ANDERSON, ANTHONY WINKELMAN, AND JON DEGRAFFENREID AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2002 -21 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13390: Aye: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Ferguson Bill 2002 -22, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF MELODY HILLS SUBDIVISION SECTION 2, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2002 -22 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13391: Aye: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Ferguson Bill 2002 -23, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, LYING SOUTHWEST OF THE PRESENT REGULAR COUNCIL MEETING JUNE 17, 2002 6 CITY LIMITS REFERRED TO AS THE SOUTHWEST AREA. Councilman Cliff Olsen requested that Bill 2002 -23 be placed on the Informal Calendar at this time. Bill 2002 -24, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, LYING NORTHWEST OF THE PRESENT CITY LIMITS REFERRED TO AS THE NORTHWEST AREA. Councilman Cliff Olsen requested that Bill 2002 -24 be placed on the Informal Calendar at this time. Bill 2002 -25, sponsored by Councilmen Angle, Jackson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, LYING EAST OF THE PRESENT CITY LIMITS REFERRED TO AS THE ALGOA AREA. Councilman Cliff Olsen requested that Bill 2002 -25 be placed on the Informal Calendar at this time. Mayor Tom Rackers asked President Pro Tempore Edith Vogel to handle Bill 2002 -26 since he has a conflict of interest in the matter, and left the Council Chambers at this point. Bill 2002 -26, sponsored by Councilmen Smith and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEVELOPMENT FINANCE BOARD FOR TAX CREDITS. Councilman Richard Groner stated that he still had not received the pages which he requested at the last meeting. Assistant to the City Administrator Melva Fast answered questions for Councilman Groner before the vote was taken. Bill 2002 -26 was then read third time by title, placed on final passage and passed by the following vote as Ordinance 13392: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber REGULAR COUNCIL MEETING JUNE 17, 2002 7 Nay: None Mayor Tom Rackers returned to the Council Chambers and assumed the chair at this point in the meeting. Bill 2002 -27, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI , BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2002 -27 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13393: Aye: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Ferguson Bill 2002 -28, sponsored by Councilman Groner and 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 - 0336 -02G. Bill 2002 -28 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13394: Aye: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Ferguson Bill 2002 -30, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY TRANSFERRING TO THE MISSOURI BAR. Bill 2002 -30 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13395: Aye: Angle, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Ferguson REGULAR COUNCIL MEETING JUNE 17, 2002 8 Bill 2002 -31, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO HUNTING. Councilman Cliff Olsen requested that Bill 2002 -31 be placed on the Informal Calendar at this time. Bill 2002 -32, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO WEAPONS OFFENSES. Councilman Cliff Olsen requested that Bill 2002 -32 be placed on the Informal Calendar at this time. Bill 2002 -33, sponsored by Councilmen Smith and Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO FIRE PREVENTION AND PROTECTION BY REPEALING SECTION 13- 43 OF THE CODE OF THE CITY OF JEFFERSON MISSOURI, ENACTING ANEW SECTION 13 -43 IN LIEU THEREOF. Councilman Cliff Olsen requested that Bill 2002 -33 be placed on the Informal Calendar at this time. INFORMAL CALENDAR Bill 2002 -2, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE 11442 PERTAINING TO THE RULES AND REGULATIONS FOR THE POLICE PERSONNEL BOARD AND ENACTING A NEW ORDINANCE IN LIEU THEREOF. Councilman Dan Klindt requested that Bill 2002 -2 remain on the Informal Calendar, where it dies at this time. Bill 2002 -7, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO POLITICAL AFFILIATION. Councilman Larry Vincent requested that Bill 2002 -7 remain on the Informal Calendar at this time. REGULAR COUNCIL MEETING JUNE 17, 2002 9 Bill 2002 -9, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING VARIOUS SECTIONS OF THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI, AS ENACTED BY ORDINANCE 12557, AND SUBSEQUENTLY AMENDED BY ORDINANCES 12677, 12876, 12912, 13018, 13053, 13149, AND 13150. Councilman Larry Vincent requested that Bill 2002 -9 remain on the Informal Calendar at this time. RESOLUTIONS RS2002 -9 Authorizing Application with Missouri Highway and Transportation Commission for Federal and State Operating Grant (Weber). A motion was made by Councilman Cliff Olsen to adopt RS2002 -9, seconded by Councilman Bob Weber, and approved unanimously. NEW BUSINESS Councilman Cliff Olsen asked that the Mayor appoint a committee of five members of the City Council to review the city's system of voiding, dismissing, and collecting parking tickets, seconded by Councilman Roy Viessman, and approved unanimously. Councilman Clyde Angle stated that a vacancy currently exists on the Police Personnel Board and encouraged any members of the public who were interested in serving on that board to fill out the Volunteer Profile form and submit it. UNFINISH ED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS Mayor Tom Rackers reminded the Council that a Work Session will be held the following evening at 5:30 PM at City Hall. Councilman Cliff Olsen announced that a Public Works and Planning Committee meeting will be held Thursday night, June 20, at 6:30 PM. ADJOURN MENT REGULAR COUNCIL MEETING JUNE 17, 2002 10 There being no further business to come before the Council at this time, Councilman Larry Vincent moved that the meeting adjourn, seconded by Councilman Roy Viessman, and approved unanimously at 7:10 PM