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HomeMy Public PortalAbout20030217REGULAR COUNCIL MEETING FEBRUARY 17, 2003 1 CALL TO ORDER The Regular Council Meeting of February 17, 2003, was convened at 6:00 P.M. by President Pro Tempore Edith Vogel in the absence of 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. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS City Administrator Rich Mays made a presentation regarding taxes which are paid by Cole County to the City. He also spoke of projects which have been jointly funded by the County and the City, such as Route 179, W. Edgewood, etc. PRESENTATIONS FROM THE GALLERY Mr. John Kuebler, 3204 Pembroke Square, made a presentation on behalf of the Citizens for Civic Progress about annexation. He stated the committee is encouraged by the results of the February 4 election, and thanked Councilmen Olsen and Vincent for donating their own personal time and efforts to help the committee in its efforts. He stated the committee feels it will be successful in the April 8 election if they can get the correct information and facts out about the issue, and suggested some "open house" information sessions. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of February 3, 2003, Council Work Session & Council Meeting c. e. REGULAR COUNCIL MEETING FEBRUARY 17, 2003 2 Minutes of City Council Workshop with Lincoln University, February 12, 2003 Bid 2004 (RENEWAL, Year 2) — Ferric Chloride, Community Development, Water Pollution Control Proposal 2055 — Parking Enforcement Vehicle, Transportation Dept., Parking Enforcement (RENEWAL) Agreement with Lincoln University Agreement for Public Access Cable CATV Councilman David E. Smith asked questions about item (b) since four City Council Members had not been able to attend the recent meeting to discuss the issue. He said he understood that originally the city was going to fund JCTV temporarily but it has become an ongoing expense. Councilmen Ferguson, Groner, Olsen, and Viessman stated that they felt the service provided to the city was valuable and that the funding should continue. Councilman Ferguson stated that eventually Lincoln is going to need some help also replacing equipment which is getting worn out. Councilman Clyde Angle stated that he believes the city should have permanent equipment at city hall so that other boards and commissions can televise their meetings as well. Following the comments, Councilman Smith stated he now understood how important it is to the community to continue funding JCTV. A motion was made by Councilman Larry Vincent to approve the Consent Agenda as presented, seconded by Councilman Cliff Olsen and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer 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. d. Certification of February 4 Election Results January 2003 Finance Reports Plumbing Board of Review & Examiners, November 27, 2002 Planning & Zoning Commission, November 14, 2002 e. Transportation & Traffic Commission, December 5, 2002 StormwaterAdvisory Committee: July 26, Sept. 27, December4, 2001; Jan 24 & April 4, 2002 Housing Authority Board of Commissioners, December 17, 2002 h. Parks and Recreation Commission, January 13, 2003 Recreation Services Committee Work Session, February 4, 2003 Historic Preservation Commission, December 10, 2002 and January g. REGULAR COUNCIL MEETING FEBRUARY 17, 2003 3 14, 2003 ANNOUNCEMENTS BY THE MAYOR No announcements were made at this time. APPOINTMENTS BY THE MAYOR There were no appointments to come before the Council at this time. BILLS INTRODUCED Bill 2002 -142, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TRANSFERRING LAND AND ESTABLISHING PORTIONS OF CITY OWNED LAND AS PARK PROPERTY. BILLS PENDING Bill 2002 -136, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCOMM, INC. FOR DIGITAL VOICE DICTATION SYSTEM AND DECLARING CERTAIN EQUIPMENT SURPLUS TO BE USED IN TRADE -IN. Bill 2002 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13502: Aye: Angle, Ferguson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -137, sponsored by Councilmen Smith, Vogel, Vincent, and Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR GLADSTONE COURT SANITARY AND STORMWATER SEWER IMPROVEMENTS AND JEFFERSON STREET STORMWATER IMPROVEMENTS, PROJECT NO. 33046-0020 & 33046 -0021. REGULAR COUNCIL MEETING FEBRUARY 17, 2003 4 Bill 2002- was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13503: Aye: Angle, Ferguson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -138, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ROAD RELINQUISHMENT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2002 -138 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13504: Aye: Angle, Ferguson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -139, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE TRANSIT FUND. Bill 2002 -139 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13505: Aye: Angle, Ferguson, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -141, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLE COUNTY FOR SERVICES IN ANNEXED AREAS. Councilman Richard Groner stated he believes this issue should not be brought as a single bill but should be combined with the 25% tax funds issue which the county should be paying the city. He stated that the Cole County Prosecutor has requested an opinion fro the Missouri Attorney General regarding whether the county is obligated to pay the city the 25% tax amount. Councilman Larry Vincent disagreed in that he believes the 25% tax and this bill are two separate issues, and therefore should be addressed in two separate bills. REGULAR COUNCIL MEETING FEBRUARY 17, 2003 5 Councilman Cliff Olsen also stated he had some problems with passing this agreement with this bill (2002 -141). Following a lengthy discussion, Councilman Clyde Angle requested that Councilman Larry Vincent place Bill 2002 -141 on the Informal Calendar. Councilman Larry Vincent complied with Councilmen Angle's requested and placed Bill 2002 -141 on the Informal Calendar. Councilman Vincent suggested setting up a meeting with the County Commission and County Public Works Department to review this contract. Councilman Richard Groner stated if they have a meeting that it should not be restricted to just one or two topics, but that it should be open to all discussion on any topic they wish to bring up. INFORMAL CALENDAR Bill 2002 -135, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING 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 withdrew Bill 2002 -135 at this time, and stated he would be re- introducing another bill with a different form at the next meeting. He stated that he has met with Councilmen Weber and Smith and that they have reached an agreement on a format to be used. RESOLUTIONS RS2002 -28 — Adopting Affirmative Action Plan (Vincent) Councilman Larry Vincent made a motion to adopt RS2002 -28, seconded by Councilman Roy Viessman, and approved unanimously. NEW BUSINESS Councilman Roy Viessman made comments regarding a letter which the city has written to Mediacom about cable rates and asked if the City has heard anything in response to that letter. No one has heard anything back. Councilman Roy Viessman made comments regarding a letter he received from a constituent regarding digital converter for cable. He wanted to know how much will the increase be for this converter. Councilman Roy Viessman asked questions regarding the crosswalks in the downtown business district. Transportation Director Marty Brose stated that pedestrians have the right - of -way in any of the crosswalks they use, and that some sort of signaling will eventually be installed to indicate that. REGULAR COUNCIL MEETING FEBRUARY 17, 2003 6 Councilman Larry Vincent made the following motion: "1 move approval of the Mayor's issuance of the Certificate of Approval related to issuance of bonds in the amount not to exceed $11 million by the Jefferson City Industrial Development Authority for a project by Sterling Elder Care." The motion was seconded by Councilman Edith Vogel. Councilman Richard Groner objected as he thought this was another parasite industry which is receiving taxpayer breaks that unfairly give competition to other similar businesses who did not receive the breaks. Following an explanation of the project's funding and creation through the Industrial DevelopmentAuthority in conjunction with the Housing Authority and Chamber of Commerce, a lengthy discussion was held. Councilman Larry Vincent stated it is his understanding that there is a shortage of elderly care facilities such as the one being proposed, and that the city would benefit by doing what it could to help this one get established. Following further discussion, Councilman Cliff Olsen called for the question, which was seconded by Councilman Richard Groner and approved unanimously. The original motion was then defeated by the following roll -call vote: Aye: Vincent, Vogel, and Weber Nay: Angle, Ferguson, Groner, Klindt, Olsen, Smith, and Viessman Councilman Richard Groner asked questions about city policies regarding how the city tries to handle icy roads. Transportation Director Marty Brose stated that there are certain policies in place, and explained briefly the procedure used for declaring a "snow emergency." He stated the ice storm experienced past weekend used 600 tons of salt, and cost the city approximately $40,000. City Administrator Rich Mays gave an update on the three firemen injured in that ice storm when the fire truck they were in slid down a hill and overturned. One is back to work today, and other two expected back by Thursday. The City's insurance company is in the process of determining how much it will cost to repair the fire truck. Councilman Clyde Angle stated that the city had just passed its annual Affirmative Action policy and asked if the city has a zero - tolerance policy regarding sexual discrimination and sexual harassment and if a report is received, if the employee being reported is fired. Human Resources Director Gail Strope replied that the city does have a zero - tolerance, and that each case reported is handled on a case -by -case basis before determining if an employee should be fired or not. Councilman Clyde Angle stated he had several resolutions which he plans to bring up at the next Council Meeting. He briefly stated what the resolutions pertain to, and stated one of them had to do with defective equipment charges through the Traffic Violations Bureau. He asked if anyone had any questions about the study he had performed on the issue. No one had any questions. Councilman Angle made a lengthy statement about the issue and felt that the Municipal Court should be looked into. Councilman Clyde Angle asked questions regarding the firing range status, and the salary study information he had requested. Gail Strope stated the city is currently interviewing consulting firms to perform the salary study. UNFINISH REGULAR COUNCIL MEETING FEBRUARY 17, 2003 7 ED BUSINESS Councilman Larry Vincent requested that staff be asked to determine if the City Council has any jurisdiction over the Municipal Court. City Administrator Rich Mays stated he will add this to the list of things on which he will ask an opinion from City Counselor Allen Garner. Councilman Bob Weber stated that the motion which the Council previously defeated regarding the IDA for an elderly care facility did not involve any city funding, and that it was a formality requested by the bond counsel working on this project. He stated he agrees with Councilman Larry Vincent that elderly care facilities are needed in our city and that it was his understanding the Council was not being asked to approve the project, just show that the city's highest - elected official (the Mayor) had completed a certificate which was a formality in such bond projects. COUNCIL LIAISON REPORTS Councilman Larry Vincent reminded Council of the Finance Committee Meeting which will be held at 5:30 PM on Tuesday, February 25. Anyone who has items they would like included on the agenda should let him or Rich Mays know. Councilman Dan Klindt announced that the Levee workshop originally scheduled for Tuesday, February 18 has been postponed until further notice. Councilman Richard Groner announced thata Public Works & Planning Committee meeting will be held Thursday night, February 20, at 5:30 PM. ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilman Larry Vincent for adjournment, seconded by Councilman Bob Weber, and approved unanimously. at 8:05 PM.