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Home My Public Portal About20000417 OLD COUNCILREGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) CALL TO ORDER The Regular Council Meeting of April 17, 2000, 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 CAL The following Council Members were present for the roll call: Present: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella, Vincent, Vogel, and Weber Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY Mayor Tom Rackers presented a special plaque and key to the city to outgoing Councilmen Carl Jaynes and Rick Nilges. He thanked them for their invaluable contributions to the City during their years of service on the City Council. Following the presentation, Councilman Jaynes and Councilman Nilges made remarks and thanked both the citizens and the staff of the City for their help during their terms of office. Cliff Olsen, 103 W. Circle Drive, made a presentation regarding Bill 99 -138 (short term disability). He stated he had some minor concerns with the bill as it is currently written, and asked the Council to consider those concerns before voting on the bill. Paul Van Horn, 332 Davis Street, made a presentation regarding Bill 99 -134, (AT &T cable franchise agreement). Mr. Van Horn encouraged the city to ensure that a monopolistic system is not put into place in the city so that consumers have many different options from which to choose when selecting what service to use. Mr. Van Horn distributed a handout to the Council for their consideration about this issue. CONSENT AGENDA The following items were presented for approval on the Consent Agenda: a. Minutes of April 3, 2000, Regular City Council Meeting A motion was made by Councilman Carl Jaynes for approval of the Consent Agenda as REGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) presented, seconded by Councilman Charles Jackson, and approved unanimously. BILLS PENDING Bill 99 -137, sponsored by Councilman Jaynes, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF LOESCH ESTATES SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON. Councilman Jaynes made a motion to accept the substitute Bill 99 -137 which was distributed in the Council Packets, seconded by Councilman Leonard Stella and approved unanimously. Substitute Bill 99 -137 was then read third time by title, placed on final passage and passed by the following vote as Ordinance 13049: Aye: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella, Vincent, Vogel and Weber Nay: None Bill 99 -138, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL OF THE CITY OF JEFFERSON BY THE ADDITION OF A NEW SECTION 14 -13, DISABILITY LEAVE, NON WORK- RELATED. A motion was made by Councilman Rick Nilges to accept Substitute Bill 99 -138 as distributed in the Council Plackets, seconded by Councilman Leonard Stella, and approved unanimously. Councilman John Landwehr made a motion to amend Substitute Bill 99 -138, page 1, Section 1, [14 -13 (A) (1)] as follows: A. Eligibility. The program is available to full -time employees who meet the following criteria: (1) Applicants must have worked for the City for 24 consecutive months prior to the onset of the illness or injury. Motion was seconded by Councilman Carol Blaney and approved unanimously. Councilman John Landwehr then made a motion to amend Substitute Bill 99 -138, page 1, Section 1, [14 -13 (A) (2)] as follows: (2) Applicants must obtain and submit a physician's certificate stating that the employee is unable to perform the material and substantial duties of the employee's own occupation, or such other duties as may be assigned by the city, REGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) and that such condition is anticipated to last longer than thirty (30) days but less than six (6) months. Motion was seconded by Councilman Carol Blaney and approved with Councilman Charles Jackson voting "nay." Councilman John Landwehr then made a motion to amend Substitute Bill 99 -138, page 1, Section 1, [14 -13 (A) (3)] as follows: (3) The triggering illness, injury or disability may not be related to stress or substance abuse. No employee who is eligible for Worker's Compensation for the injury or illness triggering the request for leave shall be considered. This includes Worker's Compensation from another employer. The employee must not be eligible for any other government- sponsored disability program for the period for which special circumstances leave is sought from the City. Employee must not have obtained normal retirement age for the position held by the employee with the City. Motion was seconded by Councilman Carol Blaney and approved unanimously. At this point, a discussion ensued concerning making these changes in this manner, and Councilman Charles Jackson suggested that a work session may need to be held on this bill before it is approved. Some Council Members stated that perhaps just a staff meeting with those Council Members who are concerned with this bill might be better so that the bill is not slowed down too much by a work session. Based on this discussion, Councilman Rick Nilges requested that Substitute Bill 99 -138 be withdrawn at this time to allow staff and Council to address some areas of concern with this issue. Bill 99 -139, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY & TRANSPORTATION DEPARTMENT FOR A SECTION 5311 CAPITAL ASSISTANCE GRANT AGREEMENT FOR TRANSIT TRAINING AREA. Bill 99 -139 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13050: Aye: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella, Vincent, Vogel and Weber Nay: None Bill 99 -140, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE MISSOURI HIGHWAY & TRANSPORTATION DEPARTMENT FORA SECTION 5311 CAPITAL ASSISTANCE GRANT AGREEMENT FOR TRANSIT TRAINING AREA. REGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) Bill 99 -140 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13051: Aye: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 99 -132, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 12- 15 OF CHAPTER 12 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO PRIMARY ELECTIONS. Councilman Nilges requested that Bill 99 -132 remain on the Informal Calendar, where it dies at this time. Bill 99 -134, sponsored by Councilman Stella, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FRANCHISE RENEWAL AGREEMENT BETWEEN THE CITY OF JEFFERSON AND AT &T FOR CABLE TELEVISION. Councilman Stella requested that Bill 99 -134 remain on the Informal Calendar, where it dies at this time. Councilman Stella then made a motion that the current franchise agreement with AT &T be extended for a period of five months, and that staff go back to the Cable Quality Commission with issues of concern to the Council and return at a future meeting with an amended franchise agreement. Motion was seconded by Councilman Charles Jackson approved unanimously. Bill 99 -135, sponsored by Councilman Nilges, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMNIPOINT FOR CELLULAR COMMUNICATIONS FACILITIES LOCATED AT FIRE STATION #3. Councilman Nilges requested that Bill 99 -135 be removed from the Informal Calendar and placed on final passage at this time. Councilman Nilges then made a motion to amend Bill 99 -135 as follows: I move that the terms of the agreement be altered to specify that if the FAA requires the painting of the tower the contract shall only continue if the company agrees to lower the maximum height limit to such a height as will avoid the FAA's painting requirement. Motion to amend was seconded by Councilman Larry Vincent and approved unanimously. REGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) Bill 99 -135 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 13052: Aye: Blaney, Jackson, Jaynes, Landwehr, Nelson, Nilges, Stella, Vincent, Vogel and Weber Nay: None UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. COUNCIL LIAISON REPORTS Councilman Charles Jackson announced that the Public Works & Planning Committee for April has been rescheduled for April 27 at 6:30 PM at City Hall. Councilman John Landwehr made comments regarding the Environmental Quality Commission, and requested that Staff make some copies of that Commission's annual report available at City Hall for the public. Councilman Carl Jaynes stated that the issue of storm water draining continues to be of special interest to him, and that he would offer to serve in the future on any committees addressing that issue. APPROVAL OF EXECUTIVE SESSION MINUTES A motion was made by Councilman Carol Blaney for approval of the April 3, 2000, Executive Session minutes as presented, seconded by Councilman Charles Jackson, and approved unanimously. ADJOURN SIN E DIE A motion was made by Councilman Charles Jackson that the Council adjourn sine die, seconded by Councilman Rick Nilges, and approved unanimously at 7:00 PM: ADMINISTRATION OF OATHS OF OFFICE The Oaths of Office were administered to the following newly elected City officials by the Honorable Tom Sodergren, Associate Judge, 19th Judicial Circuit: REGULAR CITY COUNCIL MEETING APRIL 17, 2000 (Old Council) Clyde P. Angle (4th Ward Councilman) Carol Blaney (5th Ward Councilman) John Landwehr (1St Ward Councilman) Steve Nelson (2nd Ward Councilman) Clifford C. Olsen, 11 (3rd Ward Councilman)