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HomeMy Public PortalAbout20030317REGULAR COUNCIL MEETING MARCH 17, 2003 CALL TO ORDER 1 The Regular Council Meeting of March 17, 2003, was convened at 6:00 P.M. by Mayor Tom Rackers Prayer was offered by Councilman Edith Vogel, 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 made at this time. PRESENTATIONS FROM THE GALLERY Mr. Tony Barnicle, who stated he lives outside of Jefferson City, but owns property in Jefferson City, made a presentation asking the City to consider passing a resolution in opposition to war against Iraq. Mr. Barnicle introduced a group of citizens with him who stood to indicate their agreement with Mr. Barnicle's presentation. Following Mr. Barnicle's presentation, several Council Members stated, while they respected Mr. Barnicle's opinion, that if the City did pass a resolution regarding the war, it would be more inclined to pass a resolution in support of our military men and women. Mayor Tom Rackers stated that the City of Jefferson currently has eight young people serving in that conflict, and he felt it was important that they feel the support of those of us in Jefferson City who they are currently risking their lives to protect. Mr. Gene Bushmann, 3118 Williamsburg Way, made a presentation in support of annexation. He stated that Jefferson City is at a critical moment in its history as to its growth and prosperity. He encouraged city voters to vote in sufficient numbers to approve annexation on the April 8 ballot. He suggested that an ongoing Annexation Committee REGULAR COUNCIL MEETING MARCH 17, 2003 2 should be established which will address the issue of annexation continually, and he felt that annexation issues should be prepared and placed before the voters almost every year in order to continue growth and prosperity. Mr. Paul Van Horn, 808 Strasburg Court, made a presentation regarding annexation. He stated that Jefferson City is the only capital city which is actually declining in population. He stated that with the state and local economy, the city will be greatly impacted, and that annexation is important to expand the city's tax base in order to meet the challenges ahead. Councilman Cliff Olsen asked how the recently announced error in the U.S. Census count for Jefferson City will impact the city's five wards. City Administrator Rich Mays stated he would look into that. Mr. Brian Crane, 1824 Allen Drive, made a presentation regarding the issue of personal financial disclosure. He stated he is in favor of the city adopting a form of personal financial disclosure for its elected officials. Following Mr. Crane's presentation, several Council Members asked questions of Mr. Crane regarding his presentation. Mr. John Hequembourg, 3000 Country Club Drive, made a presentation regarding the antiwar resolution which was proposed earlier in the meeting by Mr. Barnicle. He stated that, as the father of a son who is in the military now stationed in the Middle East, he does not believe the City government should be getting involved in issues of national import such as this war. He stated that he fully supports our military in its efforts. Mr. John Orear, 1728 Green Berry Road, made a presentation in favor of personal financial disclosure. Following Mr. Orear's presentation, a lengthy discussion was held in which several Council Members made comments about Mr. Orear's presentation. Ret. Brigadier General Jim Baker, U.S.A.F., 2407 W. Main Street, made a presentation regarding the issue of the war in Iraq. He stated that he feels the City should get involved in this issue, but that he believes any resolutions passed should be in support of our President and our troops in its current efforts. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of March 3, 2003, Council Work Session & Council Meeting b. Approving Change Order for MECO Engineering for High Street Improvements Project (Held Over from March 3 meeting) A motion was made by Councilman Edith Vogel for approval of the Consent Agenda as presented, seconded by Councilman Dan Klindt and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING MARCH 17, 2003 3 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. Environmental Quality Commission Minutes 2000 through current b. February 2003 Finance Report c. Police Personnel Board, February 6, 2003 d. Transportation & Traffic Commission, February 6, 2003 e. Parks and Recreation Commission, February 10, 2003 f. Resolutions Adopted by the Planning & Zoning Commission g. Finance Committee, February 25, 2003 h. Pedestrian - Bicycle Task Force, February 19, 2003 ANNOUNCEMENTS BY THE MAYOR Mayor Tom Rackers read a proclamation proclaiming March 23 -29, 2003 as "National Flood Insurance Program Awareness Week." Mayor Rackers presented the proclamation to Community Development Director Pat Sullivan. APPOINTMENTS BY THE MAYOR Mayor Tom Rackers recommended the following appointments to City boards and commissions: Board Person Type Ward Board of Adjustment: Wilma Partee (replaces Ann Nunn) Reg 4 TIF: John Britton Reg Planning & Zoning: John Parker Reg 4 Ralph Robinett Reg 1 David Nunn Alt 3 A motion was made by Councilman Larry Vincent to approve the appointments as recommended, seconded by Councilman Edith Vogel and approved unanimously. BILLS INTRODUCED REGULAR COUNCIL MEETING MARCH 17, 2003 4 Bill 2002 -149, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH COLE COUNTY SPECIAL SERVICES FOR TRANSPORTATION SERVICES FOR THE DEVELOPMENTALLY DISABLED. Bill 2002 -150, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE Z, (RESIDENTIAL PERMIT PARKING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF THE 300 BLOCK OF UNION STREET. Bill 2002 -151, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (L), (PARKING OF TRUCKS, BUSES, ETC.) OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF LANDWEHR HILLS ROAD. Bill 2002 -152, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 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 LAFAYETTE STREET. Bill 2002 -153, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE SALARIES OF ELECTED OFFICIALS BY CHANGING THE SALARY FOR THE POSITION OF CITY PROSECUTING ATTORNEY. Councilman Clyde Angle stated that he was not at the Finance Committee meeting at the time this issue was discussed and asked several questions and made comments stating his reasons for opposing the bill. Bill 2002 -154, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING ARTICLE III OF CHAPTER REGULAR COUNCIL MEETING MARCH 17, 2003 5 16, CITY OF JEFFERSON COMMISSION ON HUMAN RELATIONS. Councilman Larry Vincent stated he has a problem with the Commission being given "investigative powers" as stated in the bill. Councilman Clyde Angle stated that language could be clarified. Bill 2002 -155, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC.), SECTION 6 (REPORT TO CITY COUNCIL)OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Following a lengthy discussion about what information would be on this report, whether it would involve increased staff time and software modifications, Councilman David E. Smith requested that a sample report be sent to the Council so they could see it before voting on the issue. BILLS PENDING 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. Bill 2002 -143 was read third time by title and placed on final passage. Councilman Cliff Olsen moved to amend Bill 2002 -143, Paragraph A(5), by changing the completion date for Phase 1 and Phase 2 to May 30, 2003, and Phase 3 to December 31, 2004; and by changing Paragraph C(6) by stipulating that no payment for Phase3 shall be made until Phases 1 and 2 are completed. The motion to amend was seconded by Councilman Roy Viessman and approved unanimously. Bill 2002 -143 was then passed, as amended, by the following roll -call vote as Ordinance 13507: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None 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 Larry Vincent requested that Bill 2002 -144 be placed on the Informal Calendar REGULAR COUNCIL MEETING MARCH 17, 2003 6 at this time. Councilman David E. Smith requested that copies of Councilman Vincent's proposed substitute bill and the Missouri Municipal League ordinance which Councilman Groner sent in the last Council Packet be sent to the members of the City's boards and commissions for their input. 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. Bill 2002 -145 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13508: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None 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 -146 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13509: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None 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 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13510: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None REGULAR COUNCIL MEETING MARCH 17, 2003 7 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. Bill 2002 -148 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13511: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None RESOLUTIONS RS2002 -29 — Reporting of Crimes by Ward (Angle) (Held over from March 3 meeting) Councilman Clyde Angle requested that this Resolution remain Tabled at this time. RS2002 -31 — Change to Channel Alignment on Mediacom System (Vincent) — Following several questions pertaining to what authority the city has in this situation, City Counselor Allen Garner stated that the city can require that a 30 days' notice be given, but that KRCG Channel 13 has made this request so it can meet the needs of its customers, and that Mediacom is working with Channel 13 to help them do that. At the conclusion of the discussion, a motion was made by Councilman Roy Viessman for adoption of the Resolution, seconded by Councilman Cliff Olsen and approved unanimously. NEW BUSINESS Councilman Richard Groner made comments regarding the Road and Bridge tax issue between the City and the County and referred to a handout which he distributed to Council Members on the issue. He stated the City needs to continue looking at this issue. City Administrator Rich Mays announced a Special City Council meeting will be held Thursday, March 20, at 5:30 P.M. immediately prior to the Public Works & Planning Committee meeting to introduce Bill 2002 -156 pertaining to a change in the Zoning Code. He stated the reason for this bill is to correct certain requirements in the zoning code which the city believes places an undue burden on developers. The public hearings have been scheduled for the matter accordingly. Councilman Kenneth Ferguson announced a bus tour of Ward One on Wednesday, March 19, at 10:00 A.M. and stated the tour will leave from City Hall. REGULAR COUNCIL MEETING MARCH 17, 2003 8 Councilman Edith Vogel announced a rally to support our U.S. troops will be held this Friday, March 21, at noon on the south lawn of the Capitol. She stated anyone wishing to receive more information about the even may call Mr. Sam Bushman at 634 -7267. Councilman Clyde Angle announced that the coalition group formed to address smoking hazards in Cole County will meet on March 21 at the American Cancer Society in case anyone wishes to attend. UNFINISH ED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS, Councilman Larry Vincent made a reminder announcement about the Annexation Open House held each Thursday until April 8 at City Hall from 4:00 to 8:00 P.M.. Councilman Larry Vincent announced a Finance Committee meeting for 5:30 P.M. on Monday, March 24. Councilman David E. Smith announced a special meeting of the Planning and Zoning Committee on Monday, March 31, to discuss the comprehensive plan and other issues. Councilman Richard Groner announced the Public Works and Planning Committee meeting scheduled for 5:30 P.M., Thursday, March 20, immediately following a special council meeting set for the same time. GO INTO CLOSED SESSION Mayor Tom Rackers stated that, pursuant to Section 610.021.2 of the Revised Statutes of Missouri, Chair would entertain a motion to go into Closed Session in the Boone /Bancroft room to discuss the following: Personnel [Sec. 610.021(3)] and Litigation [Sec. 610.021.(1)]. A motion was made by Councilman Kenneth Ferguson to go into Closed Session for the above - stated purpose, seconded by Councilman Cliff Olsen, and approved unanimously by the following roll -call vote at 8:00 P.M.: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None