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HomeMy Public PortalAbout20020122REGULAR COUNCIL MEETING JANUARY 22, 2002 CALL TO ORDER The Regular Council Meeting of January 22, 2002, 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 CALL The following Council Members were present for the roll call: Present: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel, and Weber Absent: Nelson A quorum was declared present. PRESENTATIONS FROM THE GALLERY Mr. Jack Sifford, 116 -A Brookdale Drive, made a presentation in support of Bill 2001 -169 regarding the storage of wrecked vehicles. Mr. Sifford stated that he lives next to the lot which has recently been turned into a storage area for wrecked vehicles, and that persons are going across his property to access that lot at all hours of the day and night to view those vehicles. He stated that he knows from experience as a police office in Springfield, MO and St. Louis, MO that these lots, if in residential areas, eventually increase the crime rate because people will steal parts from wrecked vehicles, then will also start stealing from the residential properties nearby. Ms. Irene Voss, Rt. 1, Bonnots Mill, is the owner of the building rented by Mr. Sifford. She also encouraged passage of Bill 2001 -169 for the same reasons, and also from the perspective as a property owner who feels that storing wrecked vehicles next to residential properties will lower the property values. Following the presentations, Councilman John Landwehr explained the specific situation on E. McCarty which he is attempting to address by introducing Bill 2001 -169, and encouraged other Council Members to support the bill at the February 4 meeting. Councilman Landwehr distributed pictures of the location where the wrecked vehicles, including tractor trailer trucks, were currently being stored on a lot which was developed without proper city permits. CONSENT AGENDA REGULAR COUNCIL MEETING JANUARY 22, 2002 The following items were brought before the Council for their consideration: a. Council Meeting Minutes January 7, 2002 A motion was made by Councilman Charles Jackson for approval, 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: 1. Parks and Recreation Commission, December 10, 2001 2. Pedestrian - Bicycle Task Force, October 17, 2001 3. Planning and Zoning Commission, December 13, 2001 4. Board of Adjustment, December 11, 2001 5. Finance Report, December 31, 2001 6. Planning & Zoning Commission, November 8, 2001 7. Historic Preservation Commission, November 13 and December 4, 2001 8. Fire Fighter's Retirement System, November 1, 2001 ANNOUNCEMENTS BY TH E MAYOR There were no announcements made by Mayor Tom Rackers at this time. BILLS INTRODUCED Bill 2001 -157, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI MOTOR CARRIERS ASSOCIATION FOR PARKING SPACES ON CITY PARKING LOT NUMBER 8. Bill 2001 -158, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI OPTOMETRIC ASSOCIATION FOR PARKING SPACES ON CITY PARKING LOT REGULAR COUNCIL MEETING JANUARY 22, 2002 NUMBER 8. Bill 2001 -159, 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 MADISON STREET. Bill 2001 -160, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HUFFMAN, INC., FOR WALNUT STREET PUMP STATION CONSTRUCTION. Councilman Edith Vogel stated that this represents just a small portion of the total $52 million sewer bond amount which was voted on last November. Bill 2001 -161, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY BY SALE TO THE STATE OF MISSOURI. Bill 2001 -162, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF AN ALLEY IN THE 300 BLOCK OF EAST ASHLEY STREET ADJOINING LOT NOS. 8 THRU 12 OF ASEL'S SUBDIVISION OF INLOTS 993 TO 996 OF THE CITY OF JEFFERSON, AS PER PLAT OF RECORD IN PLAT BOOK M, PAGE 395, OF THE COLE COUNTY RECORDER'S OFFICE. Bill 2001 -163, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY FOR A PORTION OF ELIZABETH STREET FROM THE NORTHERLY LINE OFATHIRTY FOOT WIDE RIGHT -OF -WAY ADJOINING THE NORTHERLY LINE OF MORRIS EDMONDS SUBDIVISION NORTHERLY 218 FEET TO THE SOUTH LINE OF THE PREVIOUSLY VACATED RIGHT -OF -WAY OF ELIZABETH STREET AS PER ORDINANCE NO. 11703. Bill 2001 -164, sponsored by Councilman Blaney, entitled: REGULAR COUNCIL MEETING JANUARY 22, 2002 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MASTER PARKING LEASE AGREEMENT WITH THE COLE COUNTY COMMISSION. Bill 2001 -165, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2001 -166, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT CONTRACT EXTENSION WITH RICHARD MAYS FOR THE POSITION OF CITY ADMINISTRATOR OF THE CITY OF JEFFERSON. Councilman Cliff Olsen stated that the Charter indicates that the City Administrator shall serve at the pleasure of the Council for an indefinite period of time, and that he feels the contract should not stipulate a time frame. He said the City Administrator should serve until such time that he either retires, resigns, or is released by the Council. He also stated that he felt voting on this issue should wait until after the April elections to allow the new Council Members to vote on it. Bill 2001 -167, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A REVISED SUPPLEMENTAL GRANT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Councilman Larry Vincent made a motion to amend Section 1 of Bill 2001 -167 to correct an error, as follows: Section 1. The Mayor and City Clerk are hereby authorized to enter into a revised supplemental grant agreement on behalf of the City of Jefferson Parks and Recreation Commission with the Missouri Highways and Transportation Commission extending until June 30, 2002 the deadline for completion of plans, specifications and cost estimates; and increasing federal funding from $380,435 $340,435 to $544,244 for pedestrian bicycle facilities along the East Branch of Wears Creek, relating to Project No. STP- 3111(505). Councilman Vincent's motion to amend was seconded by Councilman Carol Blaney, and REGULAR COUNCIL MEETING JANUARY 22, 2002 approved unanimously. Bill 2001 -168, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A REVISED SUPPLEMENTAL GRANT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2001 -169, sponsored by Councilman Landwehr, entitled: AN ORDINANCE AMENDING SECTION 22 -33 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO WRECKED VEHICLES. A lengthy discussion was held regarding the impact of storing wrecked vehicles, and in a specific instance which Councilman John Landwehr brought up, literally with 50 feet of a single family residence. Other Council Members stated their interest in also including such things as boats, recreational vehicles, etc., but Councilman John Landwehr stated that he was afraid that including too many items would diminish the chances of success of this bill. He suggested that those other items could be addressed in future bills, and also stated that some of the items were included in the new zoning ordinance. Bill 2001 -170, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN WASTEWATER FUND. BILLS PENDING 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. Bill 2001 -152 was read third time by title and placed on final passage. Councilman Larry Vincent made a motion to amend the title of Bill 2001 -152 to correct an error, as follows: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2000 -2001 2001 -2002 BUDGET OF THE CITY OF JEFFERSON, REGULAR COUNCIL MEETING JANUARY 22, 2002 MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND FOR PARKS AND RECREATION. Councilman Vincent's motion to amend was seconded by Councilman Carol Blaney, and approved unanimously. A lengthy discussion was held regarding this bill. Councilman Larry Vincent stated that this was not a "bail out" of the Park and Recreation Department as had been portrayed by local media, and encouraged passage of this bill to keep progress moving forward in the city's parks system. Councilman Roy Viessman stated he had received numerous calls from constituents who stated they felt the funds could be better spent elsewhere. He distributed photographs of parks facilities that he felt were in need of emergency repairs, and suggested these items should be taken care of before spending funds to purchase new items or start new projects. Councilman Cliff Olsen stated he agreed that the city should take care of what they already have instead of beginning new projects, and stated that this particular incident justifies the need for zero -based budgeting. Questions were asked of Parks & Recreation Director Bill Lockwood, who stated that the parks request for $500,000 last August during the budget process was cut to $14,000, but that City Administrator Rich Mays indicated that if revenues came in better than projected at the end of the budget year, he would recommend some of the funds could be restored to the parks and recreation budget at that time. Mr. Mays stated that the revenues did come in better than had been anticipated, and that this bill was a way of following through with what he had told the Parks and Recreation Department. Following more discussion, Finance Director Steve Schlueter was asked if passing this bill would place the city in an uncomfortable position financially, to which Mr. Schlueter replied that it would not. Councilman Larry Vincent called for the question. The call for the question was approved unanimously. Bill 2001 -152 then passed, as amended, by the following vote as Ordinance 13331: Aye: Blaney, Jackson, Landwehr, Vincent, Vogel and Weber Nay: Angle, Olsen, and Viessman 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 -153 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13332: Aye: Angle, Blaney, Jackson, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Abstain: Landwehr REGULAR COUNCIL MEETING JANUARY 22, 2002 Bill 2001 -154, sponsored by Councilman Jackson, entitled: 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 PHOTOGRAPHYAND MAPPING UPDATE. Bill 2001 -154 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13333: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and Weber Nay: None Councilman Cliff Olsen requested that if, in the future, the Council could receive information stating what line item accounts that expenditures were being taken from. City Administrator Rich Mays stated that normally this information is always included in the bill summary, and apologized that it had been inadvertently omitted from this bill summary. He stated he would make sure such information is always included in future bill summaries. 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 -155 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13334: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR 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 Councilman Larry Vincent requested that Bill 2001 -151 remain on the Informal Calendar REGULAR COUNCIL MEETING JANUARY 22, 2002 at this time. NEW BUSINESS Councilman Cliff Olsen made comments regarding trees which had been cut in the downtown area. He stated that the downtown project is not supposed to begin until April and that he felt cutting the trees down now was premature. Councilman Cliff Olsen reminded the public that the city's proposed planning and zoning ordinance is available, and that the city had been working on this project for the past three years. He said the proposed zoning document was distributed to the Council on December 20, a public hearing was held on January 10, and he thought that some citizens believe it was being rushed a bit since it is a 200 -page document distributed near the Christmas holidays. He encouraged anyone with an interest in this topic to get a copy of the document and read it so their input can be considered before it comes to the Council for consideration. Councilman Olsen stated that the issue is scheduled to come before the Council as a bill introduced on February 4. Councilman Olsen made a motion that the Council drop that schedule, motion was seconded by Councilman RoyViessman. Following a lengthy discussion, several Council Members stated that, although they concur they do not want to rush the issue, they were not sure that the Council can drop a schedule which it was not responsible for establishing initially. Councilman Carol Blaney reminded the public that there was a meeting to discuss this issue scheduled for Thursday, January 24 at 5:15 PM. At the conclusion of the discussion, Councilman Olsen's motion was approved unanimously. Councilman Charles Jackson made comments regarding the street scape improvements project. He stated that he thinks an advertising period of longer than 30 days needs to be allowed so that prospective bidders will have plenty of time to come up with accurate bids, and hopefully avoid some of the problems that the city encountered with the waste water project bids. Councilman John Landwehr stated that a draft ordinance was distributed to the Council in their last packet which would make provisions for a committee dealing with human rights issues. He encouraged council members with any input to contact the sponsor, Councilman Carol Blaney, and he commended Councilman Blaney for her initiative. Councilman Clyde Angle suggested that perhaps the Mayor could appoint the advisory committee first so those committee members could have input into this ordinance. Councilman Blaney said she felt that was a good idea, and stated that several persons who had indicated a desire to work with such a committee had already received a copy of this. Councilman Clyde Angle made comments regarding recent public statements made by two Council Members about their perception of a "vendetta" towards City Counselor Allen Garner by him and possibly other council members. Councilman Angle denied that any such vendetta existed, and stated that specific actions since assuming his Council seat were in the interest of sunshine law compliance. REGULAR COUNCIL MEETING JANUARY 22, 2002 Councilman Clyde Angle asked what was being done to address the issue of redistricting. City Administrator Rich Mays stated he would check into scheduling a meeting and get back to the Council as soon as possible. Mayor Tom Rackers reminded the Council of the following two upcoming meetings: 1. Annexation Workshop of January 28 2. Finance Committee Meeting on Tuesday, February 12, 2002 UNFINISH ED BUSINESS Councilman Bob Weber requested if the City could obtain information from cities of size comparable to Jefferson City about the percentage of revenue surplus they maintain, and provide that information to the Council. COUNCIL LIAISON REPORTS Councilman Charles Jackson commended the Department of Community Development for the participation of women and minorities in some upcoming city projects. GO INTO CLOSED SESSION Mayor Tom Rackers announced that pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion for the Council to go into Closed Session to discuss the following two topics: a. Personnel [Sec. 610.021(3)] b. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Cliff Olsen to go into Closed Session, seconded by Councilman Carol Blaney, and approved by the following roll -call vote at 8:20 PM: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel, and Weber Nay: None