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HomeMy Public PortalAbout20011217REGULAR COUNCIL MEETING DECEMBER 17, 2001 CALL TO ORDER The Regular Council Meeting of December 17, 2001, 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 CALL The following Council Members were present for the roll call: Present: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Absent: None A quorum was declared present. Mayor Tom Rackers recognized and welcomed Boy Scout Troop 6 from Immaculate Conception Church who were present at the meeting working on their Citizenship in the Community Award. Mr. Jim O'Connor, group leader, was also present with the group. PRESENTATIONS FROM THE GALLERY Mr. W. T. Edmonson was scheduled to speak on the issue of Bill 2001 -132, but he was unable to appear. Councilman Clyde Angle stated that Mr. Edmonson had requested him to relay his comments on his behalf since he was unable to appear in person. Mr. Edmonson would prefer that the City would revoke Chapter 16 in its entirety with the understanding that if a group of citizens were interested in having a Commission on Human Rights, one could be appointed. Also, the City could then consider adopting a whole new chapter later which deals with fair housing separate from a chapter dealing with issues of diversity. Mr. Dan Engel, 1117 E. McCarty Street, identified himself as a member of a local group named "Citizens United for Racial Equity ( "CURE "), made a presentation regarding Bill 2001 -132 regarding repealing portions of Chapter 16. He stated that he would prefer that the City repeal only those portions of that chapter which refer to Fair Housing and leave the portions which refer to Human Rights. He suggested that the City could redraft an entire chapter on fair housing separate from the issue of human rights if it wished. CONSENT AGENDA REGULAR COUNCIL MEETING DECEMBER 17, 2001 The following items were brought before the Council for their consideration: a. Council Meeting Minutes December 3, 2001 b. Approval of CVB 2002 Budget c. Authorizing Lease Assignment - J. C. Flying Service A motion was made by Councilman Charles Jackson to approve items (a) and (c), and deal with item (b) separately. Motion was seconded by Councilman Larry Vincent and approved with Councilman John Landwehr abstaining from voting on item (c). Item (b): Councilman Charles Jackson made a motion that the CVB be authorized to continue to operate as an entity and that the approval of the CVB budget will be taken up at the January 7 Council Meeting. Motion was seconded by Councilman Larry Vincent and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED Mayor Tom Rackers announced that the following minutes and reports have been received and are on file in the City Clerk's Office for public inspection: a. Historic Preservation Commission, October 9, 2001 b. Transportation & Traffic Commission, November 8, 2001 c. Parks and Recreation Commission, November 13, 2001 d. Board of Adjustment, November 13, 2001 e. Police Personnel Board, September 6, 2001 ANNOUNCEMENTS BY TH E MAYOR Mayor Tom Rackers presented an Excellence in Financial Reporting Award to Finance Director Steve Schlueter and commended Mr. Schlueter and the City Finance Department on a job well done in receiving this award for several years in a row now. APPOINTMENTS BY THE MAYOR Mayor Tom Rackers stated that an appointment had been added which appeared on an amended agenda posted and distributed to the Council and the media on Monday, December 17, to facilitate the hiring of a new Police Officer. The following appointment was recommended for approval by Mayor Tom Rackers to the Council a. Police Officer - Frederick Marsh Councilman Larry Vincent made a motion to approve the appointment, seconded by REGULAR COUNCIL MEETING DECEMBER 17, 2001 Councilman Charles Jackson and approved unanimously. BILLS INTRODUCED Bill 2001 -140, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), BY AMENDING THE TITLE OF SCHEDULE (V) AS "DISABLED PARKING SPACES ", AND BY THE ADDITION OF A DISABLED PARKING SPACE ON PORTION OF THE 300 BLOCK OF EAST CAPITOL AVENUE. Bill 2001 -141, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (V) OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF LAFAYETTE STREET. Bill 2001 -142, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MILLER STREET NEAR THE SIMONSEN 9TH GRADE CENTER. A discussion was held on this issue due to the fact that students have been struck by vehicles there. Councilman Charles Jackson stated that he thought other options than a four -way stop should be considered because of the difficulty of driving at that specific intersection during inclement weather, and that a four -way stop intersection would make it even harder. Suggestions were made regarding flashing beacons and other alternative methods of slowing traffic at that intersection. Several Council Members stated that they feel the four -way stop is the most effective and least expensive way to slow traffic down near the school. City Administrator Rich Mays stated that the City has looked at all those possibilities, and he felt that a four -way stop was the best way to address the situation. Bill 2001 -143, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF JACKSON STREET AT MILLER STREET. Bill 2001 -144, sponsored by Councilman Blaney, entitled: REGULAR COUNCIL MEETING DECEMBER 17, 2001 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE F (THROUGH ROADWAYS), AND SCHEDULE G, (STOP INTERSECTIONS), BY THE ADDITION OF STREETS LOCATED WITHIN THE COVINGTON GARDENS SUBDIVISION. Bill 2001 -145, sponsored by Councilman Blaney, 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 COLONIAL HILLS ROAD. Bill 2001 -146, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTY LOCATED IN THE CHARLESTON PLACE SUBDIVISION AREA AND ADJACENT LAND, WHICH IS CONTIGUOUS TO AND LYING WEST OF THE PRESENT CITY LIMITS INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE COUNTY OF COLE, 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 2001 -147, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE 13191 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CHARLESTON PLACE DEVELOPMENT COMPANY. Bill 2001- 148,sponsored by Councilman Landwehr, entitled. - AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING CERTAIN LOTS THE CHARLESTON PLACE SUBDIVISION DEVELOPMENT AND ADJACENT LAND. Bill 2001 -149, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT WITH L. L. LEWIS LLC. REGULAR COUNCIL MEETING DECEMBER 17, 2001 Bill 2001 -150, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR ACQUISITION OF RIGHTS -OF -WAY FROM ADJOINING PROPERTY OWNERS FOR THE DIX- SOUTHWEST PROJECT. Councilman Charles Jackson requested that the rules be suspended and Bill 2001 -150 be placed on third reading and final passage to expedite this process. There were no objections to the request for suspension of the rules. Bill 2001 -150 was then read second and third times by title, placed on final passage and passed by the following vote as Ordinance 13319: Aye: Angle, Blaney, Jackson, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None Abstain: Landwehr Bill 2001 -151, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELECTING THE L -6 RETIREMENT BENEFIT OPTION FOR ITS EMPLOYEES' BENEFIT PROGRAM IN THE MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM BILLS PENDING Bill 2001 -132, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 16, ARTICLE II OF THE CODE OF THE CITY OF JEFFERSON BY REPEALING CERTAIN SECTIONS AND AMENDING OTHERS. Bill 2001 -132 was read third time by title, placed on final passage. Councilman Clyde Angle asked if Councilman John Landwehr, sponsor of the bill, if he would consider a motion that would revoke chapter 16 in its entirety rather than just the fair housing parts. Councilman John Landwehr stated that he believed it would send a wrong signal if the City takes an action which gives the appearance to the public that the City has, in essence, said it is now ok to discriminate. He suggested there are numerous ways to address this issue to achieve the same results which Mr. Angle would like to see achieved. Councilman Clyde Angle stated that, based on Mr. Landwehr's explanation, he would not make any motion to amend this bill. Bill 2001 -132 was then passed by the following vote as Ordinance 13311: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber REGULAR COUNCIL MEETING DECEMBER 17, 2001 Nay: None Bill 2001 -133, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2001 -133 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13312: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessrnan, Vincent, Vogel, and Weber Nay: None Bill 2001 -134, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO PERMIT SIDEWALK VENDORS. Mayor Tom Rackers stated that a Substitute Bill 2001 -134 had been distributed to the Council. Councilman Charles Jackson made a motion to accept the Substitute Bill, motion was seconded by Councilman Larry Vincent and approved unanimously. Bill 2001 -134 was read third time by title, placed on final passage and passed, as substituted, by the following vote as Ordinance 13313: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Bill 2001 -135, sponsored by Councilmen Jackson and Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MECO ENGINEERING COMPANY FOR PROFESSIONAL DESIGN SERVICES FOR THE EAST HIGH STREET IMPROVEMENT PROJECT, DAWSON STREET STORM WATER PROJECT, AND THE WILCOXON / LINCOLN STREET STORM WATER PROJECT. Bill 2001 -135 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13314: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None REGULAR COUNCIL MEETING DECEMBER 17, 2001 Bill 2001 -136, sponsored by Councilmen Jackson and Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENGINEERING SURVEYS AND SERVICES FOR PREPARATION OF DESIGN PLANS AND SPECIFICATIONS FOR THE EAST MCCARTY STREET IMPROVEMENT PROJECT. Bill 2001 -136 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13315: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None Bill 2001 -137, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY, MISSOURI DIVISION OF HIGHWAY SAFETY FOR A DRIVING WHILE INTOXICATED ENFORCEMENT GRANT AND AMENDING THE 2001 -2002 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2001 -137 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13316: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None Bill 2001 -138, sponsored by Councilmen Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AMENDED AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR A NARCOTICS CONTROL ASSISTANCE ( "MUSTANG ") PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2001- 2002 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2001 -138 was read third time by title, placed an final passage and passed by the following vote as Ordinance 13317: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None Bill 2001 -139, sponsored by Councilmen Landwehr and Jackson, entitled: REGULAR COUNCIL MEETING DECEMBER 17, 2001 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY LOCATED IN THE ALGOA AREA CONTIGUOUS TO AND LYING EAST OF THE PRESENT CITY LIMITS AND WEST OF THE MOREAU RIVER INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE COUNTY OF COLE, 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 2001 -139 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13318: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None RESOLUTIONS RS2001 -23 Authorizing Bank Account for insurance Purposes(Vincent) — A motion was made by Councilman Charles Jackson for adoption, seconded by Councilman Carol Blaney, and approved unanimously. NEW BUSINESS Councilman Clyde Angle made a motion that the Council request the Mayor to appoint a committee to inquire into the advisability of creating an advisory Commission on Human Rights, motion was seconded by Councilman John Landwehr, and approved. Councilman Clyde Angle asked Council if they had any work session topics that needed addressed. Councilman Larry Vincent stated that there were a couple of items that were going to be addressed at a Finance Committee meeting right after the first of the year. Councilman Charles Jackson stated that the City still needed to address redistricting. City Administrator Rich Mays stated that two other subjects Councilman Clyde Angle had brought up at the last Council meeting were also scheduled to be addressed at a Public Works and Planning Committee meeting. Councilman Angle stated that he felt all organized meetings where city business was discussed, whether it included a quorum of the Council or not, should be treated as work sessions. Councilman Bob Weber made comments regarding the city's policy of advertising for positions which had minimum requirements of an eighth grade education. He felt that the City should use at least a high school education or G.E.D. equivalent for all future positions. REGULAR COUNCIL MEETING DECEMBER 17, 2001 UNFINISHED BUSINESS Councilman Angle stated he had received several calls regarding the cuts visible in the newly finished Edgewood Extension project, and stated that these were not something that the project contractor, Freesen, had forgotten, but that they were made by JCI under a separate contract as part of the greenway system. He stated that Freesen completed the Edgewood project in 140 days although their contract stipulated they had 260 days to complete the job, and commended the contractor on their outstanding work. Councilman Clyde Angle asked when the South Country Club Drive project was scheduled to begin. He stated that he understands it is the next top priority project after the Dix Road connector project, but his concern was that the Dix Road connector project is taking so long that he would like Council and staff to give the South Country Club Drive project extra attention or move it to the top of the list. Marty Brose reported that the City has been making quite a lot of progress on the Dix Connector project and would be able to bid it shortly, and City Administrator Rich Mays stated that the South Country Club Drive project had been expedited ahead of the East High and East McCarty Street projects the Council voted on tonight. Councilman Angle stated that the project was originally scheduled for2001 and was then moved to 2000. Councilman Clyde Angle made comments regarding the cost of downtown sidewalks being given to affected businesses, and that he had not received any such information. He stated that he felt the meetings held where that information was given out was not a public meeting. Councilman Clyde Angle made comments regarding the requirement of a Councilman's attendance at closed sessions. A lengthy discussion was held in which several Council Members stated their position. Councilman Angle stated that he had been informed that two Council Members had made public comments that they may not be attending closed meetings in the future. Following the discussion, Councilman Angle distributed a resolution concerning this matter which he will place on the January 7 Council agenda. COUNCIL LIAISON REPORTS Councilman Carol Blaney announced that a Bicycle and Pedestrian Task Force meeting will be held Wednesday, December 18, at 7:30 PM. Councilman Charles Jackson announced a Public Works & Planning Committee meeting for Thursday, December 20, at 6:30 PM. APPROVAL OF CLOSED SESSION MINUTES REGULAR COUNCIL MEETING DECEMBER 17, 2001 Closed Session Minutes, December 3, 2001 — A motion was made by Councilman Roy Viessman to approve the minutes as amended by annotation by the Council when they reviewed and signed off on them, seconded by Councilman Larry Vincent, and approved unanimously with Councilman Steve Nelson abstaining. ADJOURNMENT Immediately prior to adjournment, City Administrator Rich Mays introduced Mr. Pat Sullivan, the City's new Director of Community Development. Mr. Sullivan stood and was recognized 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 Carol Blaney, and approved unanimously at 7:20 PM.