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HomeMy Public PortalAbout20020903REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 1 CALL TO ORDER The Regular Council Meeting of September 3, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman David E. Smith, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Absent: Klindt A quorum was declared present. MAYOR'S VETO MESSAGES 2002 -46 — Amending Code Pertaining to Sunshine Law (Angle) (passed 8/19/2002). Following Mayor Rackers' veto message, the question was put "Shall Bill 2002 -46 take effect despite the Mayor's veto ?" which was decided by the following roll -call vote: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, and Weber Nay: Vincent and Vogel The Mayor's veto of 2002 -46 was overridden. RS2002 -18 — Referring Angle Matter to Cole County Prosecutor (Olsen) (passed 8/19/2002). Following Mayor Rackers' veto message, the question was put "Shall Resolution RS2002 -18 take effect despite the Mayor's veto ?" which was decided by the following roll -call vote: Aye: None Nay: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel, and Weber The Mayor's veto of Resolution RS2002 -18 was sustained. 2002 -55 — Establishing Rate of Taxation for FY 2002 (Vincent) (passed 8/29/2002). Following Mayor Rackers' veto message, the question was put "Shall Bill 2002 -55 take REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 2 effect despite the Mayor's veto ?" which was decided by the following roll -call vote: Aye: None Nay: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel, and Weber The Mayor's veto of 2002 -55 was sustained. Following the vote, several Council Members expressed their desire to help the Parks and Recreation Department obtain needed funding in other ways than an increase in taxes. They stated they will be looking at the issue very seriously. PUBLIC HEARINGS Amendment to Development Plan Map of Comprehensive Plan Map from Low Density Residential to Medium Density Residential and Rezoning from RS -2 (Single - Family Residential) to RD (Two - Family Residential) for property located at 1017 South Country Club Drive — City Planner Janice McMillan made a presentation concerning details of the proposed rezoning. Following Ms. McMillan's presentation, the following persons spoke on the issue: In opposition: Ms. Armazine DeCosta, 1013 S. Country Club Drive, stated she is concerned about added traffic to the area if the rezoning occurs, as well as safety to her children and value of her property. In favor: Mr. Keith Scheperle, 2208 Rumsey Lane, Lohman, owner of the property in question. Mr. Scheperle distributed artists' rendition of the duplex which he proposes to build on the property and stated he does not feel two more cars per day in addition to the already high number will make a sizeable impact. He stated he will be willing to work with adjoining property owners in any way he can to make sure everyone is happy with his project. Councilman David E. Smith asked if Mr. Scheperle and Ms. DeCosta would get together and discuss the situation and let the Council Members know of any decision they may reach concerning this issue before they vote on it at the next Council meeting. Mayor Tom Rackers declared the public hearing on this matter concluded. PRESENTATIONS FROM THE GALLERY REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 3 Ms. Mary Bertel, 506 Crest Drive, made a presentation encouraging the Council to reconsider any decision to withdraw a one percent (1 %) across - the -board pay raise for City employees. She cited Resolution RS2002 -20 which the Council will be voting on later in this meeting and indicated that the resolution emphasizes the value of service which city employees provide to communities. Mr. Tony Hiesberger, 1034 Carousel, made a presentation regarding the establishment of a Traffic Division. He stated that in light of the "cloud" which has recently arisen over the Municipal Court that he did not believe issuing more tickets would solve any problems if tickets continue to be routinely dismissed. He suggested the City and County court systems should consolidate, allow the county to handle the city's traffic violations, and that the City should reassign its Municipal Court Clerks to other duties. Mr. John Orear, 1728 Greenberry Road, made a presentation regarding a newly established Internet site called JeffCityTownHall.com. He distributed a brochure stating what services this web site can provide to the City and the citizens and encouraged the city to utilize it as an alternative media to get information to the public. ANNOUNCEMENTS BY TH E MAYOR There were no announcements made by Mayor Tom Rackers at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations scheduled at this time. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes August 19, 2002 b. Special Council Meeting Minutes August 29, 2002 Councilman Richard Groner made a motion to approve items on the Consent Agenda, with a correction to a typographical error in the August 19 minutes in the roll -call vote to go into Closed Session. The motion was seconded by Councilman David E. Smith, and approved REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 4 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. Jefferson City Convention & Visitors Bureau Documents Submitted b. Public Works & Planning Committee, July 22, 2002 c. Pedestrian - Bicycle Task Force, July 23, 2002 ANNOUNCEMENTS BY THE MAYOR There were no announcements made by Mayor Tom Rackers at this time. APPOINTMENTS BY THE MAYOR Mayor Tom Rackers recommended the following appointments for Council approval: a. Appointment to Appointment Review Committee — Councilman Kenneth Ferguson b. Boards and Commissions: Board Person Type Term Expires Term Status Historic Preservation Randy Turley Reg Dec 2003 Partial CVB Jim Baumgartner Reg Dec 2002 Partial Industrial Dev Auth Kit Royer Reg May 2008 Reappt Industrial Dev Auth Chris Straub Reg May 2008 Reappt Planning and Zoning David Nunn Alt May 2006 Partial Planning and Zoning Ralph Robinett Reg May 2003 Partial Planning and Zoning Richard Koon Reg May 2004 Partial Transportation Don James Reg June 2005 3'a term Transportation Mark Allen Reg June 2005 3'a term Transportation Jason Gerling Reg June 2004 partial USSJC Submarine Andrew Lenart Reg June 2005 Full REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 5 A motion was made by Councilman Larry Vincent to approve all appointments as recommended by Mayor Tom Rackers, seconded by Councilman Bob Weber and approved unanimously. BILLS INTRODUCED Bill 2002 -69, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FORA LOCAL GOVERNMENT SCHOOL DISTRICT PARTNERSHIP PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2001- 2002 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2002 -70, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECTION 5311 PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2002 -71, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 0.42 ACRES LOCATED ON LOT 6 OF FAIRLAND VILLAGE ESTATES, SECTION ONE, ADDRESSED AS 1017 SOUTH COUNTRY CLUB DRIVE, FROM RS -2 SINGLE - FAMILY RESIDENTIAL TO RD TWO - FAMILY RESIDENTIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2002 -72, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI. Bill 2002 -73, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 6 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V), (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF EAST HIGH STREET. Bill 2002 -74, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (B), (PASSENGER AND SPECIAL LOADING ZONE), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF EAST HIGH STREET. Bill 2002 -75, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A RIGHT -OF -WAY ON A PORTION OF SOUTH COUNTRY CLUB DRIVE. Bill 2002 -76, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GROUND LEASE AT JEFFERSON CITY MEMORIAL AIRPORT. Bill 2002 -77, sponsored by Councilmen Vincent, Angle, Groner, Ferguson, Klindt, Olsen, Viessman, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2002. Councilman Vincent requested that the rules be suspended and Bill 2002 -77 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2002 -77 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 13431: Aye: Nay: BILLS PENDING Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel, and Weber None REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 7 Bill 2002 -62, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMNI CONSTRUCTION SERVICES, INC. FOR CLEANING AND SEALING EXTERIOR MASONRY AND WOODEN BENCHES AND TRASH RECEPTACLES AT WHITECOTTON BUILDING. Bill 2002 -62 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13432: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -63, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FERCON CONSTRUCTION COMPANY FOR AMEREN UE PARKING LOT PROJECT NUMBER 31058. Bill 2002 -63 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13433: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -64, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2002, TO OCTOBER 31, 2003, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilman Larry Vincent requested that Bill 2002 -64 be placed on the Informal Calendar. Bill 2002 -65, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING SECTION 18- 214 (BARBED WIRE FENCES, ETC.) OF THE CODE. REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 8 Bill 2002 -65 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13434: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -66, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 1.85 ACRES LOCATED AT 2302 AND 2308 ST. MARY'S BOULEVARD, LOCATED IN SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, COLE COUNTY, MISSOURI FROM RA -2 MULTI - FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL Bill 2002 -66 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13435: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -68, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 13271, THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SEASONAL SALARIES AND ADDING ONE PART -TIME WITH BENEFITS POSITION WITHIN THE TRANSPORTATION DEPARTMENT, PARKING DIVISION. Bill 2002 -68 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13436: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2002 -56, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REAFFIRMING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 9 Councilman Larry Vincent requested that Bill 2002 -56 remain on the Informal Calendar at this time. RESOLUTIONS RS2002 -14 — Resolution Pertaining to Municipal Violations (Angle). Councilman Angle made a motion for adoption, the motion was seconded by Councilman Kenneth Ferguson. Following a lengthy discussion concerning what adoption of the resolution would cost the city, and whether there was sufficient interest on the part of Council Members in receiving the information, RS2002 -14 was defeated with Councilman Clyde Angle being the only "Aye" vote. RS2002 -20 — Resolution of Remembrance of the Victims of September 11, 2001 (Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber). Councilman David E. Smith stated that his name was omitted from the list of sponsors on the Bill Summary. Staff stated that would be corrected. A motion was made by Councilman Roy Viessman for adoption, seconded by Councilman Larry Vincent, and approved unanimously. RS2002 -21 — Resolution Changing Signatories on Claims Payment Account (Vincent). A motion was made by Councilman Larry Vincent for adoption, seconded by Councilman Cliff Olsen and approved unanimously. NEW BUSINESS W. McCarty Development Discussion — City Administrator Rich Mays and Mayor Tom Rackers stated that a couple of informal meetings were held with Mr. Bruce Cohn regarding his interest in possibly developing a convention center on West McCarty Street where the Bassman House currently sits. A lengthy discussion was held regarding; size of the proposed building, the process for allowing other developers who might be interested, whether RFP's should or should not be sent out, the role of the Historic Preservation Commission in the process, whether the City should obtain a letter from Mr. Cohn detailing what he proposes. No actions were taken at this time. UNFINISHED BUSIN ESS There was no unfinished business to come before the Council at this time. REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 10 COUNCIL LIAISON REPORTS Councilman Larry Vincent reminded the Council that a Finance Committee meeting has been scheduled for Wednesday, September 18, at 5:30 PM to finish up the Administration subcommittee items. 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 Larry Vincent and approved unanimously at 7:55 PM.