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HomeMy Public PortalAbout20030421 OLD COUNCILREGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 1 CALL TO ORDER The Regular Council Meeting of April 21, 2003, was convened at 6:00 P.M. by Mayor Tom Rackers Prayer was offered by Councilman Dan Klindt, 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. MAYOR'S VETO MESSAGE Bill 2002 -154 Amending Code Pertaining to Human Rights Commission (Angle) Passed as Ord. No. 13517 on April 7, 2003. Mayor Tom Rackers read his veto message to the Council, and put the question, "Shall the ordinance (or resolution, as the case may be) take effect despite the disapproval of the mayor ?" A motion was made by Councilman Clyde Angle that the ordinance shall take effect and that the Mayor's veto be overridden, seconded by Councilman Kenneth Ferguson. Following a lengthy presentation by Councilman Clyde Angle, the motion was defeated by the following roll -call vote: Aye: Angle, Ferguson, Groner, Olsen, Smith, and Viessman Nay: Klindt, Vincent, Vogel, and Weber Veto was sustained. PRESENTATIONS FROM THE GALLERY Mr. Jim Aslaksan, 5405 South Brooks, made a presentation regarding annexation. He stated that he had attended several public meetings and that he disagreed with the format of those meetings and the fact that media was present. He suggested that the City should hold small, private meetings with county residents in their neighborhoods to discuss the issue of annexation the next time it comes up. Following Mr. Aslaksan's presentation, Mayor Tom Rackers asked City Administrator Rich Mays if Mr. Mays had ever had a meeting with REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 2 Mr. Aslaksan and his neighbors about annexation prior to the recent issue which came before the voters. Mr. Mays answered that he and Duane Schreimann had personally met with Mr. Aslaksan, with his neighbors in Westview Heights, in a small group setting to talk to them about annexation and answer their questions. Ms. Sheila Logan, 820 Lafayette Street, made a presentation regarding the Mayor's veto of the establishment of a Human Relations Commission. She stated she was disappointed that the bill was vetoed, and asked the Council to revisit the issue at some point in time because she felt it was needed. Councilman Clyde Angle asked questions about the make- up of the committee which had studied the need for a Human Relations Commission. Mr. John Orear, 1728 Green Berry Road, made a presentation regarding personal financial disclosure. Following Mr. Orear's comments, several Council Members stated they disagreed with Mr. Orear's interpretation of the issue. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Approval of Minutes of April 7, 2003 City Council Work Session b. Approval of Minutes of April 7, 2003 City Council Regular Meeting A motion was made by Councilman Larry Vincent for approval of the Consent Agenda as presented, seconded by Councilman Bob Weber, and approved unanimously. ANNOUNCEMENTS BY THE MAYOR Mayor Tom Rackers read a proclamation proclaiming "Telecommunications Operators Week." Mayor Rackers presented the proclamation to Kathy Abernathy, a Telecommunications Operator with the Jefferson City Police Department, who accepted it on behalf of her department. Mayor Tom Rackers announced that the Council had requested that Resolution RS2002 -33 be moved up on the agenda at this time. RS2002 -33 — Commending Members of the United States Armed Forces (Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel, and Weber). A motion was made by Councilman Larry Vincent for adoption of RS2002 -33, seconded by Councilman Bob Weber, and approved unanimously. BILLS PENDING REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 3 Bill 2002 -157, sponsored by Councilmen Smith, Vogel, Olsen, and Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES FOR THE DIX & INDUSTRIAL INTERSECTION AND BOLIVAR & MCCARTY INTERSECTION PROJECTS. Bill 2002 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13520: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -158, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES, INC. FOR THE DEVELOPMENT OF A GEOCODABLE STREET CENTERLINE FILE FOR THE CITY OF JEFFERSON AND COLE COUNTY. Bill 2002 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13521: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -159, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GEOANALYTICS, INC. FOR DEVELOPMENT OF STRATEGIC GIS IMPLEMENTATION PLAN. Bill 2002 -159 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13522: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -160, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COUNTY OF COLE REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 4 FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH THE GEOCODABLE STREET CENTERLINE FILE PROJECT, AND THE GIS IMPLEMENTATION PLAN PROJECT. Bill 2002 -160 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13523: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -161, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PRO SERVICES FOR CEMETERY MAINTENANCE. Bill 2002 -161 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13524: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -162, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION FOUR, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Dan Klindt stated he will be abstaining from discussion or vote on Bill 2002 -162 due to a conflict of interest. Bill 2002 -162 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13525: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Klindt Bill 2002 -163, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT and FINAL PUD PLAN OF HATTING PLACE, A PLANNED UNIT DEVELOPMENT AND SUBDIVISION OF THE CITY OF REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 5 JEFFERSON. Councilman Dan Klindt and Councilman Richard Groner stated they will be abstaining from discussion or vote on Bill 2002 -163 due to conflicts of interest. Bill 2002 -163 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13526: Aye: Angle, Ferguson, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Groner and Klindt Bill 2002 -164, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARITON VALLEY /TRISTAR COMMUNICATIONS FOR RADIO MAINTENANCE. Bill 2002 -164 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13527: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -165, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 7 -52, MEMBERS, OF CHAPTER 7 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO INCLUDE ADDITIONAL QUALIFICATIONS FOR MEMBERS OF THE COMMISSION ON HISTORIC PRESERVATION AND TO REQUIRE INITIATION OF ACTIONS TO FILL A VACANCY. Bill 2002 -165 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13528: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None Bill 2002 -166, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE NO. 13467, AND AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMIT ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 6 DELETING A PORTION OF EAST HIGH STREET AND ADDING A NEW PORTION OF EAST HIGH STREET IN LIEU THEREOF. Bill 2002 -166 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13529: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR 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 removed from the Informal Calendar and brought before the Council for a vote at this time. Bill 2002 -144 was read third time by title, and placed on final passage. Councilman Larry Vincent made a motion to accept the substitute Bill 2002 -144 which he had previously distributed to the Council, seconded by Councilman Bob Weber. The motion to accept the substitute was then defeated by the following roll -call vote: Aye: Klindt, Vincent, Vogel, and Weber Nay: Angle, Ferguson, Groner, Olsen, Smith, and Viessman Councilman Larry Vincent then made a motion to call for the question to vote on the original bill. The motion died for lack of a second. Councilman Richard Groner made a motion was made by to accept the Substitute Bill 2002- 144 which had been distributed in the Council Packets on April 18, which was dated April 15, 2003. Motion was seconded by Councilman Cliff Olsen, and approved by the following roll -call vote: Aye: Angle, Ferguson, Groner, Olsen, Smith, and Viessman Nay: Klindt, Vincent, Vogel, and Weber Councilman Cliff Olsen made a motion was made by to amend the substitute bill which was just accepted by adding the following language into the paragraph, which is hereby annotated by italics inside brackets: Conflicts of Interest. No The mayor or any member of the council or appointed official who has substantial personal cicctcd or appointcd official who has a financial or private interest, as defined by state law, in any bill shall disclose on the records of the city council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest. concerning any business of the city REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 7 shall participatc in discussion with the city council or any officcr or official body of the city govcrnmcnt. If the mayor, any member of the council, or any appointed official has any personal involvement with any matter before that member's commission, board, or judicial, legislative, regulatory, or governing body', or money relationship with principals in said matter pertaining to work previously performed or presently being performed under either a private or government payment or contract or from previous employment which may give rise to the appearance of a conflict], that member must reveal that involvement on the official records of that body, and disqualify themselves from any action by that commission, board or judicial, legislative, regulatory or governing body related to that matter. The motion to amend was seconded by Councilman Roy Viessman, and approved by the following roll -call vote: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, and Viessman Nay: Vincent, Vogel, and Weber Substitute Bill 2002 -144, as amended, was then passed by the following roll -call vote as Ordinance No. 13530: Aye: Angle, Ferguson, Groner, Klindt, Olsen, Smith, and Viessman Nay: Vincent, Vogel, and Weber 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. Councilman Clyde Angle stated he will let the bill die at this time since he has not received the information he needs from staff. RESOLUTIONS RS2002 -29 — RS2002 -32 - -- Reporting of Crimes by Ward (Angle) (Held over from March 3 meeting) Councilman Clyde Angle requested that this Resolution be allowed to die at this time. Paperless Council Packets (Angle). A motion was made by Councilman Clyde Angle for adoption, seconded by Councilman David E. Smith. Following discussion of fiscal impact on the city and staff, Councilman Clyde Angle withdrew his motion, and Councilman David E. Smith withdrew his second. Councilman Angle stated he would bring it up at a future time. NEW BUSINESS REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 8 Parking Ticket Penalties - Need Ordinance Change (Councilman Clyde Angle). Councilman Angle made comments regarding this issue and stated he will bring it up again in the future. Municipal User Fees - Needs Definition (Councilman Clyde Angle). Councilman Angle stated that a definition for user fees needs to be established to avoid confusion in future elections when determining the qualification of election candidates who may owe money to the city at the time of filing for office. UNFINISH ED BUSINESS Dix and Industrial - merge sign (Councilman Clyde Angle). Councilman Angle stated that he believes a yellow line is needed to help alleviate confusion at this intersection. RS2001 -15 Reports and Studies - (Councilman Clyde Angle). Councilman Angle requested that City Administrator Rich Mays make a status report on this issue. Mr. Mays stated that a few months ago a Jefferson City Firefighter who was assigned to light duty had compiled a list of all the city's reports and studies and he will keep the Council informed on the progress of the project to gather and index the reports themselves. RS2002 -10 City Rules and Regulations - (Councilman Clyde Angle). Councilman Angle requested that City Administrator Rich Mays make a status report on this issue. Mr. Mays stated that the City Clerk currently has the various departments' rules and regulations and that an index would be made of those. In the meantime, he stated anyone who would like to look at the information can do so in the City Clerk's office. COUNCIL LIAISON REPORTS Councilman David E. Smith stated he had enjoyed working with the Planning and Zoning Commission during the past year. APPROVAL OF CLOSED SESSION MINUTES April 7, 2003 Closed Session (Reportable Actions Taken). A motion was made by Councilman Bob Weber for approval, seconded by Councilman Roy Viessman, and approved unanimously. SPECIAL PRESENTATION BY THE MAYOR Mayor Tom Rackers presented a plaque containing a Key to the City to outgoing Councilman Larry Vincent and thanked him for his ten years of service to the City as a City Councilman. Councilman Vincent accepted the plaque and thanked various friends, family and staff for helping him during his tenure as City Councilman. REGULAR COUNCIL MEETING APRIL 21, 2003 - OLD COUNCIL 9 ADJOURN SINE DIE A motion was made by Councilman Cliff Olsen to adjourn sine die at this time, seconded by Councilman Kenneth Ferguson, and approved unanimously at 7:25 PM. ADMINISTRATION OF OATH TO N EVVLY ELECTED OFFICIALS The Honorable Judge Thomas Sodergren, Associate Judge with the 19th Judicial Circuit, administered the Oaths of Office to the following newly elected officials: John Landwehr - Mayor Kenneth Ferguson - 1st Ward Councilman Edith Vogel - 2nd Ward Councilman Roy Viessman - 3rd Ward Councilman Bob Weber - 4th Ward Councilman Michael Berry - 5th Ward Councilman Mark Richardson - Municipal Judge Dan Green - City Prosecutor