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.