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HomeMy Public PortalAbout20021007REGULAR COUNCIL MEETING OCTOBER 7, 2002 CALL TO ORDER 1 The Regular Council Meeting of October 7, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Richard Groner, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY Charles Lansford introduced Ms. Sandy McDonald and Ms. Karen Young who recently raised $9,500 for the Jefferson City Animal Shelter. Mayor Tom Rackers presented a Certificate of Appreciation to both of the women and thanked them for their outstanding contribution to our Animal Shelter. Ms. Tammy Lootens, 6912 Bode Ferry Road, who is President of Capital Main Street organization, thanked the Council on behalf of Capital Main Street for the improvements that have been accomplished recently in the central business district, most specifically the sidewalks and streets. She indicated that the Mayor, Council and City Staff have been invited to the Capital Main Street Benefit event, "Glamour & Glitz at the Governor" to be held in the Grand Ballroom of the Hotel Governor on Friday, October 18. Mr. Jerry Green, 507 N. Eagle Trace, spoke regarding the issue of extending sewer services in response to an article which appeared the October 4 News Tribune. Mr. Green stated he believes it places an undue burden on developers to make them pay additional money to hook onto the sewer system. Mayor Tom Rackers asked Mr. Green to put his questions and concerns in writing and get them to the City Council so the issue can be discussed at the next Public Works and Planning Committee meeting. Ms. Ann Galloway, 808 Clark Avenue, a member of the Citizens for Unity and Racial Equity (C.U.R.E.) made a presentation regarding a human rights commission. She stated that she believes the City promised to appoint a commission ten months ago and that, to this date, the commission has not been appointed. Following Ms. Galloway's presentation, Mayor Tom Rackers stated that he takes full responsibility for that commission not yet REGULAR COUNCIL MEETING OCTOBER 7, 2002 2 having been appointed as he had been busy with several other projects. Ms. Galloway asked the Mayor to give her a date when that commission would be appointed, to which Mayor Rackers stated he could not give her a specific date at this time. Mr. John Orear, 1728 Greenberry Road, spoke regarding Bill 2002 -56 which pertains to personal financial disclosure of city officials. Mr. Orear stated that he believed it would be in the city's best interest to change the city's current policy of city officials opting out of filing those reports. He stated that since the city is currently attempting to annex areas outside the city, it would make the financial reporting for city elected officials equal to the reporting currently being filed by county elected officials. Mr. Don Riley, 3448 Hobbs Lane, made a prepared statement regarding Bill 2002 -56, and stated that he believed if the city requires city officials to file personal financial disclosure reports that it will discourage qualified citizens from filing for elected city office. Mayor Tom Rackers stated that he would ask that the Council allow Mr. Landwehr to make his presentation under the category "Presentations from Staff, Consultants and Invited Guests," since he was appearing by invitation. There were no objections to Mayor Rackers' request. PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS Mr. John Landwehr made a presentation regarding annexation. He reminded the Council of the endorsement by the Fire Fighters' Union, and also stated that annexation has also now been endorsed by the Site Development Review Board from the Chamber of Commerce, and also by the Chamber of Commerce Board of Directors. He reported that the Civic Progress Committee has donated $25,000 to help fund the annexation issue. He asked that the Council Members hold ward meetings to answer questions of city residents about annexation. He reiterated prior statements about the city's being "landlocked" if it does not pursue annexation. He illustrated by showing a map of a recent "Tour of Homes" event which had been held. He stated that of the 28 homes spotlighted in that event, only five of them were inside the city limits. Following Mr. Landwehr's comments, Mayor Tom Rackers thanked him for his service to this issue on a volunteer basis. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Work Session Minutes September 16, 2002 b. Council Meeting Minutes September 16, 2002 c. Bid 1907 - Renewal (year 3) Heating, Air Conditioning & Refrigeration Services Bid 2034 - Manhole Rings and Covers, Community Development, Collection REGULAR COUNCIL MEETING OCTOBER 7, 2002 3 Systems Maintenance e. Sole Source Procurement 2036 - Odor Control, Community Development, Wastewater f. Abatement of Special Tax Bills on Property Located at 1119 Park Avenue g. RENEWAL - Property & Liability Insurance h. RENEWAL - Third Party Administrator Services with Corporate Claims Management Services Amendment to Parking Lease with Sprint Communication Company j. Authorizing Amendment to Lease for Cafe at Airport k. RENEWAL - Contract with Convention & Visitors' Bureau Councilman Richard Groner requested that item (k) be removed from the Consent Agenda and tabled for future consideration. Councilman Larry Vincent made a motion to approve items (a) through (j) of the Consent Agenda, and table item (k) at Councilman Richard Groner's request, the motion was seconded by Councilman Roy Viessman, 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, August 22, 2002 b. Jefferson City Convention & Visitors Bureau Monthly Information & 2002 Annual Report c. Planning & Zoning Commission, August 8, 2002 Housing Authority Board of Commissioners, July 31, 2002 ANNOUNCEMENTS BY TH E MAYOR There were no announcements made by Mayor Tom Rackers at this time. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING OCTOBER 7, 2002 4 There were no appointments to come before the Council at this time. BILLS INTRODUCED Bill 2002 -82, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE AMENDED FINAL PUD PLAN FOR LOT 59 OF WESTPOINT ESTATES, SECTION SIX. Bill 2002 -83, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE AMENDED FINAL PUD SITE PLAN FOR 2304 ROUTE B. Bill 2002 -84, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE AMENDED FINAL PUD PLAN FOR 1913 ST LOUIS ROAD. Councilman Kenneth Ferguson stated he has received several phone calls and letters from constituents in opposition to this proposal. He stated they had environmental concerns because of the proximity of the proposed business to Bogg's Creek. Councilman David E. Smith suggested that the city contact the Department of Natural Resources and ask them about these environmental concerns. Bill 2002 -85, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PRELIMINARY AND FINAL PUD PLAN FOR2220 WEATHERED ROCK ROAD. Bill 2002 -86, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PRELIMINARY AND FINAL PUD SITE PLAN FOR PROPERTY TO BE ADDRESSED AS 3612 WEST TRUMAN BOULEVARD. Bill 2002 -87, sponsored by Councilman Vincent, entitled: REGULAR COUNCIL MEETING OCTOBER 7, 2002 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Mayor Tom Rackers stated that staff has requested that the Council suspend rules on bill 2002 -87. There were no objections from Council on the request to suspend the rules. Bill 2002 -87 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 13445: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber Nay: None Bill 2002 -88, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION. Bill 2002 -89, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR EMT RELATED SERVICES. Bill 2002 -90, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 (PARKING, STANDING, AND STOPPING), ARTICLE V (EQUIPMENT), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2002 -91, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 13286. Bill 2002 -92, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JACOB'S CIVIL FOR MOREAU RIVER PUMP STATION FACILITY PLAN. REGULAR COUNCIL MEETING OCTOBER 7, 2002 6 BILLS PENDING Bill 2002 -78, sponsored by Councilmen Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2003. Bill 2002 -78 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13446: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -79, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF SOUTHRIDGE DRIVE. Bill 2002 -79 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13447: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -80, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE GENERAL FUND. Bill 2002 -80 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13448: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None REGULAR COUNCIL MEETING OCTOBER 7, 2002 7 Bill 2002 -81, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE WASTEWATER FUND. Bill 2002 -81 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13449: Aye: Angle, Ferguson, Groner, Klindt, 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. Councilman Larry Vincent requested that Bill 2002 -56 be removed from the Informal Calendar and placed on final passage. A lengthy discussion was held regarding the issue of requiring elected officials to file Personal Financial Disclosure forms with the state Ethics Commission. Following the discussion, Councilman Larry Vincent made a motion to accept Substitute Bill 2002 -56 which would require elected officials to file Personal Financial Disclosures, the motion was seconded by and defeated by the following roll -call vote: Aye: Klindt, Vincent, Vogel, and Weber Nay: Angle, Ferguson, Groner, Olsen, Smith, and Viessman Following further discussion, Councilman Cliff Olsen called for the question, seconded by Councilman Richard Groner, and approved. Bill 2002 -56, as originally presented, was then passed by the following roll -call vote as Ordinance 13450: Aye: Angle, Ferguson, Groner, Olsen, Smith, and Viessman Nay: Klindt, Vincent, Vogel, and Weber 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 REGULAR COUNCIL MEETING OCTOBER 7, 2002 8 DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilman Larry Vincent requested that Bill 2002 -64 remain on the Informal Calendar RESOLUTIONS RS2002 -22 Authorizing the City to Obtain Health Insurance Through United Healthcare (Vincent). A motion was made by Councilman Larry Vincent for adoption, seconded by Councilman Bob Weber and approved unanimously. NEW BUSINESS Councilman Clyde Angle stated he had received a letter from Treece Phillips LLC which was dropped into his mail slot at his business, and had questions about it. The Mayor, staff, and other Council Members stated they had not received that letter. Councilman Angle stated he would wait until everyone had a copy of that letter before addressing the issue. Councilman Clyde Angle made comments regarding what he believed were misstatements on a recent radio broadcast concerning the Etta Miller Spencer bequest to the local school system to build an auditorium. He said he has never indicated that the bequest could be used for a convention center at the McCarty Street convention center site. He stated that he suggested that the auditorium could be built at that site by the school system, and that the city could partner by building a parking facility that would benefit the capitol complex and the downtown merchants, and that the facility could be used for meetings and conventions. He stated that the only restriction contained in the bequest is that the auditorium shall be named the Miller Auditorium and that a bronze plaque providing that this gift was given by Etta Spencer Miller and Joseph Marshall Miller shall be attached to the auditorium, but that there are no other restrictions in the bequest. UNFINISH ED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS Councilman Larry Vincent reminded the Council of the Finance Committee on Wednesday, October 16, at 5:30 PM. GO INTO CLOSED SESSION REGULAR COUNCIL MEETING OCTOBER 7, 2002 9 Mayor Tom Rackers stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion for the Council to go into Closed Session to discuss Personnel [Sec. 610.021(3)]. Motion to go into Closed Session was made by Councilman David E. Smith, seconded by Councilman Cliff Olsen, and approved unanimously by the following roll -call vote at 7:45 PM: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None