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HomeMy Public PortalAbout20030303REGULAR COUNCIL MEETING MARCH 3, 2003 CALL TO ORDER 1 The Regular Council Meeting of March 3, 2003, was convened at 6:00 P.M. by Mayor Tom Rackers Prayer was offered by Councilman Cliff Olsen, 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 There were no presentations at this time. PRESENTATIONS FROM THE GALLERY Mr. Paul VanHorn, 808 Strasburg Court, made a presentation regarding the issue of annexation and city fees and taxes. He wanted to know if annexation does not pass, will city taxes and user fees be increased to help offset the city's cost for funding services provided to both city residents and residents just outside the city. Mayor Rackers and several Council Members stated their opinions that it is a possibility that taxes will have to be increased if annexation does not pass because certain businesses have stated they will have to leave Jefferson City if annexation does not pass because they cannot find suitable locations to move inside the current city limits, and the cost of the services already being provided to citizens just outside the city continue to increase. The issue of laws, such as the Hancock Amendment, which would need to be considered when raising user fees and taxes was raised, and the Council asked staff to provide pertinent information. The Council scheduled a workshop to discuss this matter for Tuesday, March 11, at 7:30 PM in the City Hall Boone /Bancroft Room. REGULAR COUNCIL MEETING MARCH 3, 2003 CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. c. e. 2 Minutes of February 17, 2003, Council Work Session & Council Meeting Permissive Use Right of Way East Side Business Association Flag Pole E. High & E. McCarty Permissive Use, Northwest Corner of Truman Blvd. & Hwy. 50W, Pave Parking Triangle, Bud Farmer Permissive Use, Lot 79, Diamonds Subdivision, Retaining Wall Footing, 1003 Zircon, Double Vision, LLC Approving Change Order for MECO Engineering for High Street Improvements Project Councilman Richard Groner made a motion to approve the Consent Agenda with the exception of Item (e), which he requested be held over for future consideration. The motion was seconded by Councilman Cliff Olsen and approved unanimously. Councilman Groner requested that Item (e) be discussed at the next Council workshop. 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. e. Public Works & Planning Committee, January 23, 2003 Pedestrian - Bicycle Task Force, January 8, 2003 Board of Electrical Examiners & Review, October 8, 2002 Planning and Zoning Commission, January 9, 2003 Convention & Visitors Bureau Reports and Documents 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. REGULAR COUNCIL MEETING MARCH 3, 2003 BILLS INTRODUCED 3 Bill 2002 -143, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BURNS & MCDONNELL FOR PROFESSIONAL ENGINEERING SERVICES TO UPDATE THE CITY'S STORMWATER MANAGEMENT PLAN - PHASE III, AND AMENDING THE 2002 -2003 BUDGET BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE CAPITAL SALES TAX A FUND ACCOUNT. Councilman Cliff Olsen asked questions regarding the project completion date, and stated that he had asked for something to be added to the contract. Transportation Director Marty Brose stated that he had forgotten to give that information to Community Development Director Pat Sullivan, but he will get Councilman Olsen's requested addition to Mr. Sullivan before the bill is voted on. Bill 2002 -144, 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 David E. Smith requested that the form be amended by changing No. 5 "DEPENDENT CHILDREN" to "NUMBER OF DEPENDENT CHILDREN." Councilman Larry Vincent stated he didn't have a problem with that change and would accept it as a friendly amendment. Councilman Clyde Angle wanted to know why we are using an internally devised form rather than the form the state uses. City Counselor Allen Garner explained that the form the state uses includes reporting holdings statewide; the one before the Council has been modified to include only holdings within the city and just outside the city limits. Councilman Angle also asked why the CVB is listed on the form under item no. 8, but not listed in Sec. 2- 115(D) in the proposed ordinance. Councilman Vincent said he doesn't have a problem with the CVB filing the report, but that the reason they weren't included in the ordinance as those being required to file it is because the CVB is not a city entity. Councilman Viessman read a prepared statement in which he indicated he will be voting against this when it comes up for a vote. Councilman Richard Groner stated the form needs to be modified pertaining to listing the names of people specifically being worked for. Bill 2002 -145, 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 WEST MAIN STREET. REGULAR COUNCIL MEETING MARCH 3, 2003 4 Bill 2002 -146, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A CLASSIFICATION AND COMPENSATION STUDY. Bill 2002 -147, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES WITH WADE AND ASSOCIATES FOR SANITARY SEWER EVALUATION SURVEY PHASE 1 STUDY AREA. Bill 2002 -148, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT TO FORM A METROPOLITAN PLANNING ORGANIZATION. BILLS PENDING 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. Bill 2002 -142 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13506: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR 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 REGULAR COUNCIL MEETING MARCH 3, 2003 5 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. 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. RESOLUTIONS Councilman Angle requested that Resolution RS2002 -30 be taken up first. RS2002 -30, Review of Minimum Fines (Angle) — A motion was made by Councilman Clyde Angle for adoption, seconded by Councilman Cliff Olsen and approved unanimously. RS2002 -29, Reporting of Crimes by Ward (Angle) — Councilman Richard Groner asked Councilman Angle to table this resolution until the affected departments can give the Council their comments on each of the "WHEREAS" clauses, and the impact it would have on their department. Councilman Clyde Angle stated that the Bill Summary has stated staff recommended "Disapproval" of the bill, and he wanted to know if that was just City Counselor Allen Garner's recommendation or if it also reflected Police Chief Roger Schroeder's recommendation as well. Police Captain Jim Johnsen stated that Chief Schroeder has also recommended disapproval of the bill. Councilman Clyde Angle stated he would table the Resolution at this time. NEW BUSINESS City Administrator Rich Mays stated that the City will be holding Annexation Open House informational meetings at City Hall each Thursday beginning March 6 through April 3, from 4:00 to 8:00 PM at City Hall. He stated city staff will be on hand to answer one -on -one questions from anyone who needs to get information about annexation. Councilman Larry Vincent stated these meetings were for anyone and encouraged citizens to attend whether they live in the city or in the county. Councilman Roy Viessman made comments regarding Mediacom's cable rates and wanted to know when the company is going to discuss the issue. Councilman Cliff Olsen suggested that people call Mediacom because they have stated that they have not had any complaints. Councilman Richard Groner suggested that we gather comments so the city can look into it. City Counselor Allen Garner reminded the Council that the city has no jurisdiction over REGULAR COUNCIL MEETING MARCH 3, 2003 6 the cable television, which was deregulated and now falls under federal jurisdiction. Councilman Richard Groner asked if the Council had any comments regarding the issue of National Pollutant Discharge Elimination System (NPDES). No one on the Council had any questions or comments at this time. Councilman Bob Weber stated that the City's Cable Quality Commission was discontinued after the cable franchise was passed last time, and wondered if it would be beneficial to reinstate it to address the cable complaints. City Counselor Allen Garner stated that such a commission could receive complaints, but that the city, or a Cable Quality Commission, has no legal authority to do anything about the complaints. Councilman Larry Vincent requested that staff report to the City Council exactly what they can or cannot do regarding cable television based on current laws. Councilman Clyde Angle asked what financial impact the issue of military leave is currently having on the city. Human Resources Director reported that several city employees have already been called up for military deployment, some for as long as a year, and it was possible a couple more may also be called up. She explained the city's military leave policy. Councilman Richard Groner asked if there was a policy about hiring full -time temporary employees to fill the positions of deployed regular employees. Ms. Strope explained how the city tries to make sure each deployed employee has a job when they return home by using attrition. UNFINISHED BUSIN ESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS There were no liaison reports to come before the Council at this time. ADJOURN MENT 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 Kenneth Ferguson, and approved unanimously. at 7:40 PM.