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HomeMy Public PortalAbout20010507REGULAR COUNCIL MEETING MAY 7, 2001 1 CALL TO ORDER The Regular Council Meeting of May 7, 2001, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Roy Viessman, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel, and Weber Absent: Blaney and Vincent A quorum was declared present. Mayor Tom Rackers announced that Boy Scout Troop 1 from United Methodist Church was present at the meeting and welcomed the group to the meeting. PRESENTATIONS FROM THE GALLERY Mr. Mark Miles, 200 Hart Street, made a presentation regarding the rezoning request on W. Main Street, and urged the Council to vote against it. All Council Members present indicated that they plan to vote against the ordinance in its present form. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Council Meeting Minutes April 16, 2001 (Old Council) b. Council Meeting Minutes April 16, 2001 (New Council) c. Bid 1944 - Material Spreaders, Public Works Street Division d. Sole Source Procurement - Hydro- Kinetics Corporation, St. Louis, MO e. Authorizing Amendment to Agreement with Missouri Dept. of Mental Health for Retail Tobacco Sales Enforcement A motion was made by Councilman Charles Jackson for approval of the Consent Agenda, REGULAR COUNCIL MEETING MAY 7, 2001 2 motion was seconded by Councilman Steve Nelson and approved unanimously. BIDS OVER $25,000 Bid 1837 - Spreader Truck, Public Works Dept. — A motion was made by Councilman Charles Jackson for approval, seconded by Councilman Cliff Olsen and approved unanimously. MINUTES AND REPORTS RECEIVED AND FILED Mayor Tom Rackers announced that the following minutes and reports of City boards and commissions have been received, and are on file for review, by the City Clerk's Office: a. Transportation & Traffic Commission, March 8, 2001 b. c. d. e. f. g. Public Works & Planning Committee, January 18, February 22 and April 19, 2001 Cable Quality Commission, March 15, 2001 Finance Report for March 2001 Housing Authority Board of Commissioners, March 27, 2001 Planning & Zoning Commission, March 8, 2001 Historic Preservation Commission, January 9 and February 13, 2001 ANNOUNCEMENTS BY THE MAYOR There were no announcements made by Mayor Tom Rackers at this time. APPOINTMENTS BY THE MAYOR Mayor Tom Rackers recommended the following appointments to the Police Department: a. Dave Wallace - Jefferson City Convention & Visitor's Bureau, Inc. Board b. Appointments to City Boards & Commissions: Term Term Board Person Type Expires Length REGULAR COUNCIL MEETING MAY 7, 2001 3 Parks & Recreation Gil Wommack Regular 5 -2004 3 Parks & Recreation Keith Fuller Regular 5 -2004 3 Parks & Recreation Anne Lock Regular 5 -2004 3 A motion was made by Councilman Charles Jackson for approval of the appointments as recommended, seconded by Councilman Cliff Olsen, and approved unanimously. BILLS INTRODUCED Bill 2001 -9, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MOORE AND SHRYOCK, LLC FOR APPRAISAL SERVICES. Bill 2001 -10, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH MECO ENGINEERING CO., INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE SCHOOL SIDEWALK ENHANCEMENT PROJECT, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2000- 2001 ANNUAL BUDGET WITHIN THE GENERAL FUND FOR THE PROJECT. Bill 2001 -11, 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 1102 AND 1104 WEST MAIN STREET FROM RS -2, SINGLE FAMILY RESIDENTIAL TO RA -2, MULTIPLE FAMILY RESIDENTIAL. Bill 2001 -12, sponsored by Councilmen Jackson & Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE EDMONDS STREET RIGHT -OF -WAY FROM MYRTLE AVENUE TO MONTANA STREET. Bill 2001 -13, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR REGULAR COUNCIL MEETING MAY 7, 2001 4 AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROSS & BARUZZINI FOR 911 COMMUNICATIONS CENTER ARCHITECTURAL SERVICES. Bill 2001 -14, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2001 -15, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE ACCEPTANCE OF A GIFT OF CERTAIN REAL ESTATE. DECLARING SAID PROPERTY SURPLUS AND AUTHORIZING SALE OF THE PROPERTY. Bill 2001 -16, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 2 -379 (PURCHASING LIMITS) PARAGRAPH C AND SECTION 2 -396 (BIDDING PROCEDURES FOR CONSTRUCTION PROJECTS) OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO PURCHASING. Bill 2001 -17, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO SEWERS AND SEWAGE DISPOSAL. Bill 2001 -18, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF JEFFERSON AND SSM REGIONAL HEALTH SERVICES FOR TRANSFER OF PROPERTY. BILLS PENDING Bill 2001 -1, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, BY REPEALING ARTICLE II (STREET AND HOUSE NUMBERING), CHAPTER 25 (PLANNING AND DEVELOPMENT) AND SECTION 32 -1 (STREET NAMES AND WIDTHS) AND ENACTING IN LIEU THEREOF A NEW ARTICLE II REGULAR COUNCIL MEETING MAY 7, 2001 5 OF CHAPTER 25 AND A NEW SECTION 32 -1 PERTAINING TO STREET NAMES AND ADDRESSING PROCEDURES. Bill 2001 -1 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13185: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Bill 2001 -2, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 13133, THE 2000 -2001 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS WITHIN THE PUBLIC WORKS AND PLANNING AND CODE ENFORCEMENT DEPARTMENTS. Bill 2001 -2 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13186: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Bill 2001 -3, sponsored by Councilmen Jackson & Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT FOR 2001 MILLING AND OVERLAY PROGRAM. Bill 2001 -3 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13187: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Bill 2001 -4, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (P), (PARKING PROHIBITED), SUBPARAGRAPH A, (BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M.), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF DUNKLIN STREET. Bill 2001 -4 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13188: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING MAY 7, 2001 6 Bill 2001 -5, 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 NOB HILL STREET AT FAIRWAY DRIVE. Bill 2001 -5 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13189: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Bill 2001 -6, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON TO PROHIBIT SKATEBOARDING IN CITY PARKING GARAGES AND ON CITY PARKING LOTS. City Administrator Rich Mays stated that staff had a substitute bill prepared on this matter, but since the sponsor of the bill is not present at tonight's meeting, suggested that Council place this bill on the Informal Calendar. A motion was made by Councilman Charles Jackson to place Bill 2001 -6 on the Informal Calendar, seconded by Councilman Steve Nelson and approved unanimously. Bill 2001 -7, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PAUL F. AND LISA A. LOESCH FOR THE ACQUISITION OF REAL ESTATE. Bill 2001 -7 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13190: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None Bill 2001 -8, sponsored by Councilmen Landwehr & Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CHARLESTON PLACE DEVELOPMENT COMPANY. REGULAR COUNCIL MEETING MAY 7, 2001 7 Councilman Cliff Olsen asked questions regarding the voluntary annexation of this property in accordance with Ordinance 13158. Following a lengthy discussion, Councilman Cliff Olsen made a motion to table Bill 2001 -8, seconded by Councilman Roy Viessman. After more discussion, Councilman Cliff Olsen agreed to withdraw his motion, and Councilman Roy Viessman agreed to withdraw his second, if the bill's sponsor(s) would place the bill on the Informal Calendar. Councilman John Landwehr requested that Bill 2001 -8 be place on the Informal Calendar at this time. *At the agenda item entitled "Possible Closed Session," pursuant to 610.021(2) of the Revised Statutes of Missouri, Councilman Bob Weber made a motion to go into Closed Session for the purpose of discussion Real Estate, motion was seconded by Councilman Edith Vogel. Councilman John Landwehr stated that he had a question before Council voted to go into Closed Session, and indicated that he had received information from staff that if the Council does not act on this bill tonight, the Developer plans to proceed with the development without requesting voluntary annexation. Councilman Bob Weber withdrew his motion to go into Closed Session and Councilman Edith Vogel withdrew her second. Councilmen Landwehr and Jackson requested that Bill 2001 -8 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2001- was read third time by title and placed on final passage. Councilman Landwehr made a motion, seconded by Councilman Charles Jackson, to amend Paragraph 2 (Inability to Perform) of Section III of the contract as attached to Bill 2001 -8 by inserting language in the appropriation location that would indicate the developer's inability to perform be "Due to circumstances beyond the Developer's control, in spite of good faith efforts to do so. "Motion was approved unanimously. Councilman Cliff Olsen made a motion to further amend the contract stipulating that if the city spends any funds toward this project, the requirement for voluntary annexation of the property in the development that the developer owns or controls will remain on the books even if the rest of the agreement is removed. The motion was seconded by Councilman John Landwehr and approved unanimously. Bill 2001 -8 was then passed, as amended, as Ord. 13191: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None RESOLUTIONS RS2001 -3 Authorizing Signatories for Safe Deposit Box at Central Trust Bank (Vincent). A motion was made by Councilman Charles Jackson for adoption of RS2001 -3, seconded by Councilman Cliff Olsen, and approved unanimously RS2001 -4 Dissolving Landmark LLC Agreement (Jackson) REGULAR COUNCIL MEETING MAY 7, 2001 8 A motion was made by Councilman Cliff Olsen for adoption of RS2001 -4, seconded by Councilman Charles Jackson and approved unanimously. RS2001 -5 Recognizing Jefferson City Convention and Visitors Bureau, Inc. as official Destination Marketing Organization (Vincent) A motion was made by Councilman Cliff Olsen for adoption of RS2001 -5, seconded by Councilman Charles Jackson and approved unanimously. RS2001 -6 Endorsing Passage of HB 843 Pertaining to Beer Keg Registration (Angle) Councilman Angle stated that he had contacted other Council Members to ask if they were interested in co- sponsoring this Resolution as well as RS2001 -7. He stated that he had not heard back yet from Councilman Nelson or Councilman Vogel, but that all others stated they would agree to co- sponsor. Councilman Nelson stated he was amenable to adding his name. Councilman Vogel stated she did not wish to have her name added to either RS2001 -6 or RS2001 -7. She suggested that in the future if the Council were being asked to endorse passage of a piece of state legislation that the Council be furnished with that legislation so they can see what it is they are endorsing. Motion for adoption then passed with Councilman Vogel voting "Nay." RS2001 -7 Endorsing Passage of .08 BAC level legislation (Angle) A motion was made by Councilman Clyde Angle for adoption of RS2001 -7, seconded by Councilman Cliff Olsen and approved with Councilman Vogel voting "Nay." NEW BUSINESS Councilman Charles Jackson asked that a status report from Mr. Yarnell be presented at a future Council Meeting so the Council can keep abreast of the progress of the reorganization involving staff within the Public Works and Planning & Code Enforcement Departments. He also wants to know how the city is moving forward in the coordinating of the new Community Development Department. Councilman Steve Nelson made comments regarding a restaurant owner in the 300 block of E. High Street who contacted him regarding the closing of the downtown area over the past weekend. He stated no one had contacted the business owner prior to the event as is usually done. He suggested that in the future that staff make sure that requirement is complied with from whatever group is requesting a parade permit. REGULAR COUNCIL MEETING MAY 7, 2001 9 Councilman Cliff Olsen made comments regarding redistricting efforts based on the results of the 2000 census, and suggested the city make sure that ward redistricting is going to be completed in plenty of time before filing for city election begins this fall. COUNCIL LIAISON REPORTS There were no liaison reports made at this time. UNFINISH ED BUSINESS Councilman Angle made comments regarding the following topics: a. Crashes i. McCarty and Monroe ii. Missouri Blvd. and Stadium b. MOTIS program c. City Rules and Regulations d. City Studies and Reports e. GIS Study Update f. Mayor's Commission on Human Rights g. Local Preference /Purchasing h. CVB Final Report i. Downtown Sidewalks No council actions were taken at this time regarding these issues. GO INTO CLOSED SESSION Mayor Tom Rackers stated that, pursuant to Sec. 610.021(2) of the Revised Statutes of Missouri, he would entertain a motion for the Council to go into Closed Session to discuss Real Estate [610.021.(2)] issues. The motion was made by Councilman Bob Weber to approve going into the Closed Session, to be held in the Conference Room across the hall from the City Council Chambers, seconded by Councilman Edith Vogel.* (see Pending Bill 2001 -8). When Council returned to the topic of going into Closed Session, the motion was made by REGULAR COUNCIL MEETING MAY 7, 2001 10 Councilman Roy Viessman to approve going into closed session for the purpose of discussing Real Estate, seconded by Councilman Cliff Olsen, and approved by the following roll -call vote at 7:55 P.M. Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Viessman, Vogel and Weber Nay: None