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HomeMy Public PortalAbout20020107REGULAR COUNCIL MEETING JANUARY 7, 2002 CALL TO ORDER The Regular Council Meeting of January 7, 2002, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Steve Nelson, 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, Vogel, and Weber Absent: Vincent A quorum was declared present. PRESENTATIONS FROM THE GALLERY Mr. Doug Nichols, 104 Monterey, made a presentation regarding the intersection of Jackson and Miller Streets at Simonsen 9th Grade Center. Mr. Nichols encouraged the Council to pass Bill 2001 -143 because he believes it is warranted by the number of accidents at that intersection in the past. Mr. Dan Engle, 1117 E. McCarty, made a presentation to urge the Mayor to make appointments to an advisory commission on human rights following the action of the Council at the last meeting which dissolved that commission after several years of inactivity. Dr. David Rispler, 3300 Country Club, a member of the Jefferson City School Board and also the Multi- Cultural Forum, but indicated that he was not speaking on behalf of those organizations. He also urged the Mayor and City Council to consider having some form of a human rights commission or advisory board in lieu of the one recently removed from the Code. Ms. Ann Galloway, 808 Clark Avenue, a member of C.U.R.E., Barrier Breakers, and the Multi- Cultural Forum, also stated that she saw a need for the appointment of some sort of human rights group. Ms. Galloway stated that she had been doing some research in the past week regarding the history of the original Mayor's Commission on Human Rights and she would be glad to share that information with anyone who would like to see it. Mr. Bruce W. James, 1417 Chestnut, also spoke in favor of the creation of some form of body to deal with any issues concerning human rights, and volunteered his services to sit on such a board if called upon to do so. Following the presentations from the gallery, Councilman Cliff Olsen made comments REGULAR COUNCIL MEETING JANUARY 7, 2002 regarding the topic of the Human Rights Commission. He stated that the Council made their decision at the last meeting based on information which had been provided to them, and asked if, based on new information, the Council can reconsider the bill passed at the last meeting. Associate City Counselor Michelle Coleman stated she doesn't have access to the answer to that question, but that she would be happy to leave the Council Chambers for a few minutes if the Council wished her to look up the answer. A lengthy discussion continued on this issue. Councilman Steve Nelson suggested that the Council allow Ms. Coleman to go look up the answer to the question of reconsidering the bill and table this discussion until she returns with the answer. * see item entitled "Continuation ofPrevious Discussion" below. The Council moved on to other items on the agenda at this point. CONSENT AGENDA The following items were brought before the Council for their consideration: a. Council Meeting Minutes December 17, 2001 b. Approval of CVB 2002 Budget A motion was made by Councilman John Landwehrforapproval, seconded by Councilman Carol Blaney 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. b. c. d. e. f. Police Personnel Board, December 6, 2001 Housing Authorizing Board of Commissioners, November 13, 2001 Pedestrian - Bicycle Task Force, October 17, 2001 Board of Electrical Examiners & Review, May 24, 2001 November 2001 Financial Report Public Works & Planning Committee, October 25, 2001 Councilman Clyde Angle stated that he was concerned with the discussion in the December 6 Police Personnel Board minutes pertaining to a reduction of advertising for positions with the Police Department because of the expense involved. Councilman Charles Jackson stated he shared the same concern that multiple media be used, regardless of cost, to recruit for positions to make sure everyone possible knows when city positions become available. Councilman Steve Nelson stated that he noticed over the past week numerous radio advertisements for police positions which, as far as he could remember, had never REGULAR COUNCIL MEETING JANUARY 7, 2002 been done before. He stated that, to him, was an indication that the city was aggressively pursuing different methods of recruitment. City Administrator Rich Mays stated he would investigate the background of the discussion in the Police Personnel Board minutes about advertising and report back to the Council. Human Resources Director Gail Strope answered questions asked about this issue. She stated that all job openings are now placed on the city's web site at www.jeffcitymo.org. She explained that the rationale behind the discussion for cutting back on the newspaper advertising was so that they could use radio advertising more because their success rate with that media was greater than with newspaper advertising. She stated that newspaper advertising for police recruitment is mandated by ordinance, and that no reduction in ads had been done yet because to do so would require action of the Council. *CONTINUATION OF PREVIOUS DISCUSSION *When Ms. Coleman returned, she stated that the Council cannot reconsider a bill which has already passed and been signed by the Mayor, it is no longer in the hands of the Council because it is now law, and cannot be reconsidered. Councilman Clyde Angle stated that if this is indeed correct, that, in his opinion, it is a `tragedy of enormous proportions.' John Landwehr stated that none of the information presented tonight would have changed his original vote, because his vote was based upon the fact that the Missouri Human Rights Commission is located in Jefferson City. He stated that having a city commission was a duplication of services, and that the citizens of Jefferson City can go directly to the state commission with their needs, thus greatly reducing the time it would take them to obtain a final decision on any given issue. ANNOUNCEMENTS BY TH E MAYOR Mayor Tom Rackers announced that the following appointments have recently been made to the Housing Authority: Board Appointee Type Expires Years Status Housing Authority Saundra Allen Reg Nov 2001 4 reappt Housing Authority Jim Jordan Reg Nov 2001 4 reappt APPOINTMENTS BY THE MAYOR Mayor Tom Rackers presented the following recommendations to boards and commissions for Council consideration: REGULAR COUNCIL MEETING JANUARY 7, 2002 Board Person Type Term Expires Term Length Term Status Historic Preservation Tom Rynard Reg Dec 2002 3 partial Historic Preservation Joan Kramer Reg Dec 2001 3 reappt Historic Preservation Jane Beetem Reg Dec 2001 3 reappt Trans & Traffic Bill Yarnell Reg June 2003 3 partial Environmental Quality Sam Cook Reg Nov 2001 5 reappt Environmental Quality Kathryn Love Reg Nov 2001 5 reappt Environmental Quality Jim Crabtree Reg Nov 2001 5 reappt Electrical Board John Propst Reg Jan 2002 3 reappt Police Personnel Board Steve Welch Reg Jan 2002 3 full Police Personnel Board MacArthur Woodruff Reg Jan 2002 3 reappt University Extension Eva Pratt Reg Feb 2002 2 reappt A motion was made by Councilman Charles Jackson to approve the appointments as presented, the motion was seconded by Councilman Bob Weber and approved unanimously. BILLS INTRODUCED Bill 2001 -152, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND FOR PARKS AND RECREATION. Councilman Cliff Olsen stated he did not feel the reasons given by staff for this additional appropriation of funds justified their request. City Administrator Rich Mays answered questions asked by the Council about this issue. Bill 2001 -153, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL BANK FOR BANKING SERVICES. Bill 2001 -154, sponsored by Councilman Jackson, entitled: REGULAR COUNCIL MEETING JANUARY 7, 2002 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SANBORN D /B /A WALKER &ASSOCIATES, INC. FOR AERIAL PHOTOGRAPHY AND MAPPING UPDATE. Bill 2001 -155, 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 APPROXIMATELY EIGHT (8) ACRES LOCATED IN THE 5300 BLOCK OF ALGOA ROAD, WHICH IS PART OF PRIVATE SURVEYS NO. 2680 AND NO. 2701, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI FROM RS -1 SINGLE FAMILY RESIDENTIAL TO M -1 LIGHT INDUSTRIAL. Bill 2001 -156, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES FOR QUALITY CONTROLS /MATERIALS TESTING FOR THE WASTEWATER TREATMENT PLANT CONSTRUCTION PROJECT. The Council asked several questions of Wastewater Division Director Tom Jones. Following the question and answer period, Councilman Charles Jackson stated that he would like to request that the rules be suspended and this bill placed on final passage to expedite this project as much as possible. There were no objections to Councilman Jackson's request for suspension of the rules. Bill 2001 -156 was then read second and third times by title, placed on final passage and passed by the following vote as Ordinance 13330: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None BILLS PENDING 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 -140 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13320: REGULAR COUNCIL MEETING JANUARY 7, 2002 Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 OFA DISABLED PARKING SPACE ON A PORTION OF LAFAYETTE STREET. Bill 2001 -141 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13321: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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. Bill 2001 -142 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13322: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 -143 was read third time by title and placed on final passage. Councilman Jackson stated that he would vote in favor of this bill tonight, but that if it creates a worse problem because of the steep terrain of that intersection, he believes the city might need to revisit the issue in the future. Bill 2001 -143 was then passed by the following vote as Ordinance REGULAR COUNCIL MEETING JANUARY 7, 2002 13323: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Councilman Blaney asked questions about traffic changes which she has noticed are made before the Council votes on them. City Administrator Rich Mays stated that the city is allowed to place temporary signs on a 90 -day "emergency" basis until the Council approves them. Bill 2001 -144, sponsored by Councilman Blaney, entitled: 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 -144 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13324: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 -145 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13325: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 REGULAR COUNCIL MEETING JANUARY 7, 2002 JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARYAND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Bill 2001 -146 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13326: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 -147 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13327: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 -148 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13328: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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. Bill 2001 -149 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13329: REGULAR COUNCIL MEETING JANUARY 7, 2002 Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None 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 In the absence of sponsor Councilman Larry Vincent, a motion was made by Councilman Cliff Olsen to place Bill 2001 -151 on the Informal Calendar to meet the 45 -day prenotification period required by law. The motion was seconded by Councilman Charles Jackson and approved unanimously. RESOLUTIONS RS2001 -24 — Resolution Pertaining to Sunshine Law (Angle). A motion was made by Councilman Clyde Angle for adoption, seconded by Councilman Roy Viessman. A very lengthy discussion was held on this resolution, following which a motion was made by Councilman Cliff Olsen to amend it by deleting the fourth and seventh "WHEREAS" clauses, changing paragraph numbered "1." to read: " `Made available' means the document is available for release upon request of any citizen. `Made public' implies an obligation on the part of the public body to proactively release the document to the public or media through posting or through a news release.' " and by deleting paragraph numbered "2." Councilman Angle seconded by the motion to amend. Following further discussion, the motion was defeated by the following roll -call vote: Aye: Angle, and Olsen Nay: Blaney, Jackson, Landwehr, Nelson, Viessman, Vogel, and Weber A motion was made by Councilman Bob Weber to table Resolution RS2001 -24, seconded by Councilman Carol Blaney. Motion was defeated. Resolution RS2001 -24 was then defeated by the following roll -call vote: Aye: Angle, and Olsen Nay: Blaney, Jackson, Landwehr, Nelson, Viessman, and Vogel Abstain: Weber A discussion was held regarding whether a Council Member may abstain on a vote. Chair made a ruling based on finding reference in Robert's Rules of Order that a member may abstain on a vote for any reason and cannot be forced by the body to vote. REGULAR COUNCIL MEETING JANUARY 7, 2002 RS2001 -25— Authorizing Change of Representative on Department of Natural Resources State Revolving Fund Projects (Jackson). A motion was made by Councilman Steve Nelson for adoption, seconded by Councilman Cliff Olsen and approved unanimously. NEW BUSINESS Schedule Finance Committee Meeting — The Council scheduled a Finance Committee meeting to be held on Tuesday, February 12, 2002, at 5:30 PM. Councilman Clyde Angle stated that the following twelve topics appeared on the agenda because he felt they were important issues which affect the city and need to be brought forward for discussion in a public forms in Council workshops rather than by informal committees, small groups, and vested interests. a. Topics for Council Work Shops: (Councilman Clyde Angle) Meeting facility for Jefferson City City Council Priorities - 2002 and beyond Housing of City prisoners High Risk Drivers in Jefferson City Outstanding Arrest Warrants Municipal Court Monthly Report Format Outstanding Fines, Court, and Jail Costs Police Department Reserves Convention and Visitors Bureau Chapter 25, Article III - Urban Redevelopment through Private Capital Investment Housing Authority Sale and Purchase of Hyder Apartments Grants Councilman Roy Viessman thanked the Public Works Department for doing a lot of work in the Third Ward since he came on the Council. They put up street signs, lights, stop signs, and a lot of infrastructure improvements, including storm drainage. Councilman John Landwehr stated that to prevent the appearance that the eight council members who voted tonight against Resolution RS2001 -24 are against looking into Sunshine Law Compliance, he wished to make a motion that the City Counselor provide the REGULAR COUNCIL MEETING JANUARY 7, 2002 City Council with a legal opinion regarding the definition of the terms "made public" and "made available" which they can utilize on an ongoing basis in the future. The motion was seconded by Councilman Carol Blaney and approved unanimously. Councilman Bob Weber stated that he wished to explain his reason for abstaining on RS2001 -24. He stated that he did not agree with the resolution, but that he did not want a "nay" vote to be misconstrued in the future that he voted against complying with the Sunshine Law rather than voting against the way Sunshine Law compliance was defined by the resolution itself. Councilman Clyde Angle asked Mayor Tom Rackers to answer the following question: "Has the City of Jefferson either made available or made public all the settlement agreements entered into by the City in the year 2000 or 2001." Mayor Tom Rackers answered that it is his understanding that the City has made available everything which is required by law to be made available, and he was not sure it was appropriate to further discuss this issue under New Business. UNFINISHED BUSINESS Public Works Meeting, Convention Center (Councilman Clyde Angle)— Councilman Clyde Angle read a prepared document stating his assessment of the discussions at the December 20, 2001, Public Works and Planning Committee meeting regarding the topic of a convention center. Following Mr. Angle's comments, a lengthy discussion was held in which several other members of the Council strongly disagreed with Councilman Angle's assessments of that meeting. Councilman Charles Jackson stated that he was disappointed with the implication that all other Council Members do not care about the issue of a convention center and have not put forth any effort towards a convention center. Councilman Jackson stated he took offense to being portrayed in that light and reminded the public of the committee which had held numerous meetings and did a great deal of hard work on this issue. Councilman Charles Jackson stated that he hoped the City would take into consideration the public's concern with the issue of the Human Rights Commission and do it in a different format. He indicated he would not want to give people a "false hope" and that he would want to make sure that the citizens understood what such a group could or could not do. Councilman Bob Weber stated that he thinks the City should consider what can be done to address the concerns brought forward tonight by the citizens regarding a human rights commission. He stated there is obviously an interest in the issue by the citizens. Councilman Cliff Olsen reminded the Council that at the last meeting that the Council did approve a motion providing that a committee be appointed to look into the advisability of creating an advisory commission on human rights issues. COUNCIL LIAISON REPORTS There were no Council liaison reports given at this time. ADJOURN MENT REGULAR COUNCIL MEETING JANUARY 7, 2002 There being no further business to come before the Council at this time, a motion was made by Councilman Charles Jackson for adjournment, seconded by Councilman Carol Blaney, and approved unanimously at 8:10 PM.