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HomeMy Public PortalAbout20020506REGULAR COUNCIL MEETING MAY 6, 2002 CALL TO ORDER The Regular Council Meeting of May 6, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman David E. Smith, following by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Absent: None A quorum was declared present. MAYOR'S VETO MESSAGE Mayor Tom Rackers presented the following veto message pertaining to his veto of Resolution RS2002 -2 adopted at the April 15, 2002, City Council Meeting: "1 am returning RS2002 -2 to the Council and indicating my intention to veto the resolution as follows: 1 believe that if the resolution was an effort to embarrass or make a public statement, it is inappropriate, untimely, and 1 do not approve of such actions. 1 stated at the April 15 Council Meeting that if a Council Member wishes to thank a City employee, he or she should do so by merely sending a note, or personally saying "thank you" to the employee. Using an official document to single out an employee in a public setting when the motives for such action have come under question sets a bad precedence. 1 have been told by some Council Members that you were misled into voting for this resolution, and my vetoing it will give you the opportunity to correct what 1 feel was a mistake." Following the Mayor's veto message, Mayor Tom Rackers put the question to the Council "Shall the resolution take effect despite the disapproval of the mayor ?" Councilman Cliff Olsen made a motion to override the Mayor's veto, seconded by Councilman Roy Viessman. A lengthy discussion ensued in which several Council Members explained the reason they did or did not support this resolution. Councilman Clyde Angle REGULAR COUNCIL MEETING MAY 6, 2002 requested that the record reflect his reason for supporting the resolution was not connected to the residency question of Sharon Keating during the 2002 election, but rather because he believed it should be a procedure followed by each new Council after each election. At the end of the discussion, the motion to override the Mayor's veto was defeated by the following roll -call vote: Aye: Angle, Groner, Olsen, Smith, and Viessman Nay: Jackson, Klindt, Vincent, Vogel, and Weber PUBLIC HEARINGS Rezoning 2400 Block of Country Club Drive East of Ladue Road from RS -1 to PUD — Janice McMillan, City Planner, made a presentation regarding the background of the request for rezoning. Following Ms. McMillan's presentation, no one asked to speak in favor of, or opposition to, the proposed rezoning. Amendment to Exhibit 35 -28 of New Zoning Code, Adopted as Ordinance 13361 — City Planner Janice McMillan explained the necessity for the amendment to make a correction to the new Zoning Ordinance. Following Ms. McMillan's presentation, no one present requested to speak in favor of, or opposition to, the proposed amendment. PRESENTATIONS FROM THE GALLERY Mayor Tom Rackers recognized two Boy Scout groups and asked them to stand and identify their troop numbers. Members of Troop 8 stated they were attending to work on their "First Class ", and a member of Troop 1 was present to work on his Merit badge. Mayor Tom Rackers welcomed the groups. Mr. Joe Wilson, Oberman Place, Jefferson City, made a presentation regarding "puppy mills" and asked the City Council to consider passing an ordinance that would prohibit the sale of animals in Jefferson City which come from "puppy mills." Mr. John Orear, 1728 Greenberry Road, made a presentation regarding parking ticket and speeding tickets issued to Councilman Clyde Angle which he stated had been deferred or dismissed during the period when Mr. Angle was either Municipal Judge or City Councilman. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Zoning Rewrite Committee — Several members of the committee were present to accept thanks and commendation of the Mayor, City Council (some of whom served on the Committee itself), and City staff for the hard work they contributed over the past five years REGULAR COUNCIL MEETING MAY 6, 2002 to rewrite the City's entire zoning code. The members were presented with a paperweight to commemorate their hard work. Dale Siebeneck, Evers and Company, presented the 2001 Audit Report. Following Mr. Siebeneck's summary of the Auditor's findings and recommendations, no questions or comments were put regarding the audit. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes April 15, 2002 b. Authorizing Amendment #4 to Contract with Jacobs /Sverdrup for Design of Wastewater Treatment Facility Project Councilman Edith Vogel stated that the minutes of the April 15, 2002 (new Council), meeting need to be corrected because they showed Councilman Steve Nelson as "absent" during roll -call, as Mr. Nelson was at that time no longer on the Council. Correction was so noted by City Clerk Phyllis Powell. Councilman Edith Vogel made a motion to approve the consent agenda as corrected, seconded by Councilman Larry Vincent, 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. Public Works & Planning Committee, February 21 and April 15, 2002 b. 2001 -2002 Annual Report of Environmental Quality Commission c. Planning & Zoning Commission, March 14, 2002 d. March, 2002 Finance Report e. Police Personnel Board Minutes January 6, 2000 through March 7, 2002 f. Parks and Recreation Commission, March 11, 2002 g. 2001 Mary B. Heinrichs Estate Report h. Missouri River Regional Library 2001 Annual Report (Due to length of report, it is not included in packet, and may be viewed in the City Clerk's office) Finance Committee, April 15, 2002 Pedestrian / Bicycle Task Force, March 20 and April 10, 2002 APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING MAY 6, 2002 Mayor Tom Rackers presented the following recommendations for appointments: Council Liaison Appointments to following Boards and Commissions: Parks and Recreation Commission - Councilman Larry Vincent Transportation and Traffic Commission - Councilman Bob Weber USS Jefferson City Submarine Committee - Councilman Roy Viessman Historic Preservation Commission - Councilman Edith Vogel E -911 Joint Communications Committee - Councilman Cliff Olsen A motion was made by Councilman Larry Vincent to approve the Council Liaison appointments as recommended by the Mayor, seconded by Councilman Charles Jackson, and approved unanimously. Appointments to following Standing Committees Appointment Review Committee: Jackson, Vogel, Viessman, Weber, Vincent Environmental Services Committee: Angle, Groner, Smith, Olsen, Klindt A motion was made by Councilman Charles Jackson to approve the appointments to the Standing Committees as recommended by the Mayor, seconded by Councilman Larry Vincent and approved unanimously. BILLS INTRODUCED Bill 2002 -7, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO POLITICAL AFFILIATION. Bill 2002 -8, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF SMITH PLACE ADDITION NO. FOUR, A SUBDIVISION OF THE CITY OF JEFFERSON. 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 REGULAR COUNCIL MEETING MAY 6, 2002 JEFFERSON CITY, MISSOURI, AS ENACTED BY ORDINANCE 12557, AND SUBSEQUENTLY AMENDED BY ORDINANCES 12677, 12876, 12912, 13018, 13053, 13149, AND 13150. Bill 2002 -10, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN FARMS, INC. FOR AGRICULTURAL LEASE. Bill 2002 -11, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY AND THE COLE COUNTY COLLECTOR FOR COLLECTION SERVICES. City Counselor Allen Garner stated that a corrected bill had been distributed to the Council prior to tonight's meeting which changed "Assessor" to "Collector" in the bill title and throughout the bill. Bill 2002 -12, sponsored by Councilman Smith and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY THE DELETION AND ADDITION OF A SECTIONS PERTAINING TO PARKING. Councilman Cliff Olsen stated he felt it would be more equitable if all downtown merchants had their parking meters removed instead of just the ones affected by the new sidewalks. Bill 2002 -13, 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 HIGHWAY PATROL. Bill 2002 -14, sponsored by Councilman Smith and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING SECTION 3 OF ORDINANCE 12995 PERTAINING TO PARKING VALIDATION SYSTEM. BILLS PENDING REGULAR COUNCIL MEETING MAY 6, 2002 Bill 2002 -1, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF WILDWOOD CROSSINGS SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2002 -1 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13375: Aye: Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None 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 be placed on the Informal Calendar at this time so that the issue can be referred back to the Police Personnel Board for more discussion and input. Bill 2002 -3, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING EXHIBIT 35- 28 OF THE COMPREHENSIVE UPDATE OF THE ZONING ORDINANCE, ADOPTED AS ORDINANCE 13361. Bill 2002 -3 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13376: Aye: Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -6, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT FOR THE 2002 MILLING AND OVERLAY PROGRAM. Bill 2002 -6 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13377: REGULAR COUNCIL MEETING MAY 6, 2002 Aye: Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None RESOLUTIONS RS2002 -3 Annexation of Algoa Area (Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) RS2002 -4 Annexation of Northwest Area (Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) RS2002 -5 Annexation of Southwest Area (Angle, Groner, Jackson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) A motion was made by Councilman Charles Jackson for adoption of Resolutions RS2002 -3, RS2002 -4, and RS2002 -5. The motion was seconded by Councilman Roy Viessman, and approved unanimously. RS2002 -6 Resolution Pertaining to Placing City Owned Property on National Historic Registry (Olsen, Vincent, and Vogel) Councilman Cliff Olsen noted that the original agenda erroneously listed sponsors as Councilmen Smith, Vincent, and Vogel, and had been corrected to reflect the sponsors as Olsen, Vincent and Vogel. Councilman Olsen then made a motion for adoption of RS2002- 6, seconded by Councilman Larry Vincent. A lengthy discussion was held regarding the issue. Following the discussion, the motion to adopt was approved with Councilman David E. Smith voting "Nay." NEW BUSINESS City Administrator Rich Mays explained correspondence recently received from Mediacom regarding their intention to cease collection and payment of franchise fees on cable modems. Mr. Garner stated Mediacom has been notified that the City believes the company should continue to pay those fees unless the current franchise agreement is amended. UNFINISH ED BUSINESS Councilman Cliff Olsen requested that Resolution RS2002 -1 be placed on the May 20 Council Agenda due to the fact that the appropriate motion and second for adoption of that Resolution had not been made prior to the vote taken at the April 15 Council Meeting. REGULAR COUNCIL MEETING MAY 6, 2002 Councilman Richard Groner asked about the status of the payment owed by affected merchants on the central business district sidewalk project. Staff answered that the required resolution was adopted a couple of months ago, and the next step will be to draft an ordinance tax billing the merchants for their shares at the end of the project. Councilman Groner then asked about whether the mock -up trial sections in connection with the project had been made yet. Community Development Director Pat Sullivan stated that he understood a decision is currently being made about what panels to use for the look they are trying to achieve. He stated that the mock -ups should be poured soon, but he did not know an actual date. Councilman Groner stated that if the city planned to start laying down the concrete for the sidewalks soon that the mock -ups needed to be done right away in case numerous trials are needed to determine the proper mix. Councilman Richard Groner also brought up the topic of rock excavation for the sidewalk project. He stated that he believes the Council should expect a big change order on the project for rock excavation. Councilman Cliff Olsen made statements regarding electrical lights being rewired in connection with the sidewalk project. He asked several questions about the reason for the rewiring. City Administrator Rich Mays stated that staff planned to have this issue on the Consent Agenda at the May 20 Council Meeting, and that he would get the answers to Councilman Olsen's questions before that time. Councilman Bob Weber brought up the recent article in the News Tribune about drag racing on Missouri Boulevard. Interim Police Chief Jim Johnsen stated that the Police Department is aware of the problem and that several actions are being taken to curtail that activity, but that he could not disclose those actions publicly. He stated that people who chose to participate in such activities will be heavily penalized, up to, and including, jail time. He stated that some persons have already experienced those consequences. COUNCIL LIAISON REPORTS There were no liaison reports to come before the Council at this time. ADJOURN MENT A motion was made by Councilman Charles Jackson to adjourn, seconded by Councilman Edith Vogel, and approved unanimously at 8:05.