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HomeMy Public PortalAbout20021104REGULAR COUNCIL MEETING NOVEMBER 4, 2002 1 CALL TO ORDER The Regular Council Meeting of November 4, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Kenneth Ferguson, 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. PUBLIC HEARINGS Revised PUD Plan for Lots UU & VV of Southgate Subdivision Section Six (Bill 2002 -94). City Planner Janice McMillan made a presentation outlining the background of the requested plan. Following her presentation, the following persons spoke on the issue: In opposition: Charles Ekstom, 1230 Duane Swift Parkway. He and his wife, Dora Serrano, owns two homes in the area of the proposed plan and feels their property would be devalued if the proposed buildings are constructed. He stated that approximately 11/2 years ago they were told that there would be no more duplexes built in that area. Councilman Roy Viessman asked if that statement could be documented in some way. Councilman David E. Smith requested that his name be removed from the bill as sponsor since he has done work in the past with the developers of this plan. Councilman Cliff Olsen stated that he would sponsor the bill in lieu of Councilman Smith. In Favor: Mr. Dave Kaiser and Mr. Sheldon Gentry of Gentry & Kaiser, stated that this plan is an attempt to finish the project which was begun several years ago. They stated they are REGULAR COUNCIL MEETING NOVEMBER 4, 2002 2 currently paying taxes on vacant ground and that they would like to place something on the property that would provide a return on their investment. Councilman Roy Viessman requested that Mr. Mike Bates who is working with the developers explain some of the history of the project, to which Mr. Bates complied. Following the conclusion of public statements, Mayor Tom Rackers declared the public hearing concluded. PRESENTATIONS FROM THE GALLERY (CONTINUED) Mr. Marc Ellinger, 3220 Glenstone, legal counsel for the "No on Annexation Committee" made a presentation regarding annexation. He stated he believes the proponents of annexation are attempting to pit city and county residents against one another. He encouraged the Council to postpone the placement of the issue on the ballot to allow the process to start over and give county residents the opportunity to help draft a new plan of intent. He stated that the issue was defeated in 1991 when a judge dismissed it due to the fact that the city had not followed proper rules at that time. Following Mr. Ellinger's comments, a lengthy question and answer period followed in which several Council Members voiced their views on annexation. Councilman Richard Groner asked if Mr. Ellinger could provide a list of items he wanted to see addressed. Councilman Clyde Angle stated he would be in favor of postponing the issue. Mr. Jon Beetem, legal counsel on behalf of Mr. and Mrs. Tambke (Bill 2002 -84) made a presentation regarding the concessions pertaining to storage of wrecked and disabled vehicles which the Tambkes have offered in order to make the plan more favorable to the residents and to the Council. He distributed a handout stating that they would agree to limit the on -site storage of wrecked and disabled vehicles at any one time to twenty (20) vehicles. Councilman Larry Vincent asked if they would also be willing to change the statement pertaining to screening by planting `dense evergreen plantings or a fence 8 feet in height.' He asked if they would change it to `dense evergreen plantings AND a fence 8 feet in height.' The Tambkes indicated that they would agree to that amendment as well. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. b. c. Council Work Session Minutes October 21, 2002 Council Meeting Minutes October 21, 2002 Proposal 1792 (RENEWAL, YEAR 4) - Digital 911 System Maintenance, Police Department REGULAR COUNCIL MEETING NOVEMBER 4, 2002 3 Release of Tax Bill No. 15254 on Property Located at 3012 Algoa Road A motion was made by Councilman Roy Viessman for approval of the Consent Agenda as presented, 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. b. c. Annual Surplus Property Auction Report Planning & Zoning Commission, September 12, 2002 Housing Authority Board of Commissioners, September 26, 2002 ANNOUNCEMENTS BY THE MAYOR Mayor Tom Rackers reminded citizens that tomorrow (November 5) is election day and encouraged all citizens to exercise their right to vote. Mayor Tom Rackers commended the Historic Preservation Commission for the tour they hosted of Capitol Avenue. He felt that he would like to see a Capitol Avenue Historic District created to preserve the area's heritage. APPOINTMENTS BY THE MAYOR Appointments to following Boards and Commissions: Board Person Type Ward Term Expires Term Status Historic Preservation Commission Hubie Nuetzler Dec. 2003 Partial Police Personnel Gerlena Clark Jan. 2005 Partial A motion was made by Councilman Cliff Olsen for approval of the appointments as presented, the motion was seconded by Councilman Larry Vincent and approved unanimously. REGULAR COUNCIL MEETING NOVEMBER 4, 2002 BILLS INTRODUCED Bill 2002 -102, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI TRANSIT LINES, INC. FOR INTER -CITY BUS ROUTE AND A LEASE OF CITY BUS TERMINAL. 4 Bill 2002 -103, sponsored by Councilmen Vogel and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO AND LYING NORTH OF THE PRESENT CITY LIMITS INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTIONS 3, 4 AND 9 OF TOWNSHIP 44 NORTH, RANGE 11 WEST, COUNTY OF CALLAWAY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 2002 -104, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO CHAPTER 22 (PARKING, STANDING, AND STOPPING), ARTICLE I (GENERALLY), AND SCHEDULE S: (LOADING ZONES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2002 -105, sponsored by Councilmen Vincent and Groner, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $5,520,000 PRINCIPAL AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS, SERIES 2002, OF CITY OF JEFFERSON, MISSOURI; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO. Councilman Richard Groner stated his objections to using the negotiated bond process instead of the competitive bond process. Bill 2002 -106, 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 STANDARD FOR GROUP DENTAL INSURANCE. REGULAR COUNCIL MEETING NOVEMBER 4, 2002 5 Councilman Larry Vincent requested that the rules be suspended so that the bill could be passed in time to allow for preparation of the annual employee benefits fair. There were no objections to the request for suspension of the rules. Bill 2002 -106 was read second and third time by title, placed on final passage and passed by the following vote as Ordinance 13460: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None BILLS PENDING Bill 2002 -93, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF CHAPEL HILL COMMONS - SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2002 -93 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13461: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -94, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE REVISED PUD PLAN FOR LOTS UU & VV OF SOUTHGATE SUBDIVISION, SECTION SIX. Bill 2002 -94 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13462: Aye: Klindt, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Angle, Ferguson, Groner, and Smith Bill 2002 -95, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 OF THE CODE PERTAINING TO BOARDS AND COMMISSIONS. Councilman Clyde Angle moved to accept the substitute Bill 2002 -95 which was distributed REGULAR COUNCIL MEETING NOVEMBER 4, 2002 6 in the November 1 Council Packets, seconded by Councilman Dan Klindt and approved unanimously. Bill 2002 -95 was read third time by title, placed on final passage and passed, as substituted, by the following vote as Ordinance 13463: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -96, 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 HOOVER ROAD. Bill 2002 -96 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13464: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -97, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMIT ZONES), SUBPARAGRAPH (B), (THIRTY MINUTE LIMIT), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF EAST HIGH STREET AND MADISON STREET. Bill 2002 -97 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13465: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -98, 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 STATE STREET. REGULAR COUNCIL MEETING NOVEMBER 4, 2002 7 Bill 2002 -98 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13466: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -99, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (Y), (TEN MINUTE PARKING), OF THE CODE OF THE CITY OF JEFFERSON, BY DELETING A PORTION OF EAST HIGH STREET AND ADDING A NEW PORTION OF EAST HIGH STREET IN LIEU THEREOF. Bill 2002 -99 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13467: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -100, sponsored by Councilmen Groner and Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 150 OF LANDWEHR HILLS. Bill 2002 -100 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13468: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -101, sponsored by Councilmen Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN ELECTION TO APPROVE THE EXTENSION OF THE CITY LIMITS THROUGH ANNEXATION. Councilman Cliff Olsen moved to amend Bill 2002 -101 by correcting the date of passage of Ordinances 13410, 13411, and 13412 from July 15, 2002, to August 5, 2002 on pages 1, 17, and 18 of Bill 2002 -101. The motion was seconded by Councilman Larry Vincent and approved unanimously. Bill 2002 -101 was then read third time by title, placed on final REGULAR COUNCIL MEETING NOVEMBER 4, 2002 8 passage and passed, as amended, by the following vote as Ordinance 13469: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR 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 David E. Smith requested that Bill 2002 -84 be removed from the Informal Calendar and placed on final passage at this time. Councilman Larry Vincent moved to amend Section 2, subparagraph A (4) of Bill 2002 -84 as follows: (4) Storage of disabled and wrecked vehicles, vehicles awaiting service and parts are to be inside a building located on the subject site All on -site storage of wrecked or disabled vehicles on the premises shall either be indoors or outside within an area designated as a drop off and storage area which shall be screened on at least the west, south, and east sides by dense evergreen plantings er-and a fence 8 feet in height. The designated drop off and storage area shall be located at least 100 feet from the side property line and 275 feet from the front property line. The number of vehicles stored in the drop off and storage area at any one time shall not exceed twenty (20); The motion to amend was seconded by Councilman Bob Weber and approved with Councilman Richard Groner voting "nay." Bill 2002 -84 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 13470: Aye: Angle, Klindt, Smith, Viessman, Vincent, Vogel and Weber Nay: Ferguson, Groner, and Olsen 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. Councilman Richard Groner requested that Bill 2002 -92 be removed from the Informal Calendar at this time and placed on final passage. Councilman Groner stated that there are REGULAR COUNCIL MEETING NOVEMBER 4, 2002 9 some items which he believes should be changed in the contract. Bill 2002 -92 was then read third time by title, placed on final passage and passed by the following vote as Ordinance 13471: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None RESOLUTIONS RS2002 -23 Authorizing Re- submission of Revolving Loan Application to Missouri Department of Natural Resources for Wastewater Collection and Conveyance Systems (Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) A motion was made by Councilman Bob Weber to adopt RS2002 -23, seconded by Councilman Larry Vincent and approved unanimously. Mayor Rackers declared the resolution duly adopted. RS2002 -24 A Resolution Approving a Project for Missouri Coalition for Primary Health Care DBA Missouri Primary Care Association to be Financed by the Industrial Development Authority of the County of Cole, Missouri (Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) A motion was made by Councilman Larry Vincent to adopt RS2002 -24, seconded by Councilman Roy Viessman, and approved unanimously. Mayor Rackers declared the resolution duly adopted. RS2002 -25 Recognizing Peggy Bryson as Recipient of 2002 Outstanding Service Award (Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber) A motion was made by Councilman Bob Weber to adopt RS2002 -25, seconded by Councilman Edith Vogel, and approved unanimously. NEW BUSINESS Councilman Clyde Angle asked questions of Assistant to the City Administrator Melva Fast regarding a memo she sent to the Council regarding the Wears Creek Basin project. Ms. Fast answered Councilman Clyde Angle's questions. Councilman Clyde Angle made comments regarding the Public Works and Planning REGULAR COUNCIL MEETING NOVEMBER 4, 2002 10 Committee meeting topic of sidewalks and unnamed alleys and Sunset Lake curb and guttering project. Councilman Clyde Angle made comments regarding crime in the east end and stated that Councilman Kenneth Ferguson has suggested the Council take a bus tour through that ward. UNFINISHED BUSINESS Councilman Clyde Angle asked if any action was being taken regarding development of the West McCarty Street properties owned by the Housing Authority. City Administrator Rich Mays stated that since he did not feel there was a consensus of the Council on moving forward, there is nothing to report at this time. Councilman Kenneth Ferguson made comments regarding a couple of incidents of crime which have occurred in the area of Lincoln University. Captain Mike Struttman stated he would be happy to meet with Councilman Ferguson after the meeting and answer his questions. Councilman Clyde Angle made comments regarding negotiations with the county on cost sharing for services. City Administrator Rich Mays stated that something should be coming to the Council within the next month or so. LIAISON Councilman Larry Vincent reminded the Council of the Wednesday, November 6 Council Work Session at 5:30 PM. ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilman Roy Viessman for adjournment, seconded by Councilman Edith Vogel, and approved unanimously at 8:05 P.M.