HomeMy Public PortalAbout20010904REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 1
CALL TO ORDER
The Regular Council Meeting of September 4, 2001, 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 CAL
The following Council Members were present for the roll call:
Present: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vogel, Vincent,
and Weber
Absent: Nelson
A quorum was declared present.
ITEMS TAKEN UP OUT OF ORDER
Mayor Tom Rackers requested that Presentations from Invited Guests be moved forward
on the agenda at this time. There were no objections to the Mayor's request to move these
two items forward.
PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS
Presentation of $10,100 Check by Karen Young & Sandy McDonald to City Animal
Shelter— Ms. Young and Ms. McDonald were present to personally give a check raised
at a benefit for the Animal Shelter to Mayor Tom Rackers. Mayor Tom Rackers thanked the
two women and expressed appreciation for this generous effort on behalf of the City's
Animal Shelter. Ms. Young and Ms. McDonald announced that since the effort was such a
great success that they plan to do it again next year.
PUBLIC HEARINGS
Leslie Boulevard Appeal Hearing (Continuation) — Janice McMillan, City Planner, made a
presentation regarding the background of this issue. City Counselor Allen Garner stated that the
Planning & Zoning Commission has once again considered this issue, and has considered the
recommendations of the Council made at its August 6 Council Meeting, and has once again
approved the application for the proposed use of the property. The Council must now make a
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 2
decision whether to accept or deny the Commission's approval. Councilman Charles Jackson
stated that he felt the public should be afforded the opportunity to once again make
presentations on this issue. Councilman Cliff Olsen moved to hold a public hearing on this
matter at the September 17 Council Meeting, and that all sides be given a total time limit of one
hour to make their presentations. The motion was seconded by Councilman Carol Blaney and
approved unanimously.
PRESENTATIONS FROM THE GALLERY
Mr. Greg Gaffke, 305 Hunter's Run, Co- Chairman of the Athletic Events Committee with
the JCCVB, spoke on behalf of the Jefferson City Convention and Visitors' Bureau. Mr.
Gaffke encouraged the Council to work with the newly formed JCCVB to try to bring athletic
events to Jefferson City. He stated that recent negative publicity about this volunteer
organization could impact the city's economy if groups decide not to bring their events to
the City as a result of that publicity. Councilman Clyde Angle asked Mr. Gaffke if he was
aware of the CVB Consultant's final report that was issued February 16. Mr. Gaffke replied
that he was aware that a consultant had performed a peer review of the CVB and had some
recommendations, but he was not privy to the final report itself. Mayor Tom Rackers
thanked the members of the JCCVB for their contribution to the community and their hard
work to make Jefferson City a better community.
Mr. Dick Groner, 1301 E. High Street, made a presentation regarding a Request For
Proposal (RFP) to sell property located at 302 E. High Street. He stated that he believes
the policy of not opening bids in front of the bidder is fraudulent and should be changed.
Mr. Groner also stated that site specific metes and bounds description had not been given
to the bidders, and the information did not include all the easements of record. Councilman
Clyde Angle stated that an easement of ingress and egress behind the building which is
owned by him was not provided to bidders. Following Mr. Groner's presentation,
Councilman John Landwehr made a motion that at the September 17 Council Meeting, staff
present written responses to Mr. Groner's allegations of "fraudulent policies" concerning
RFP's, motion was seconded by Councilman Cliff Olsen, and approved unanimously.
Councilman Clyde Angle asked a question about the provision in the bid packet regarding
disclosure of whether or not a proposed bidder owned property "near "that which the city
would be selling, and indicated that he felt it might give an incorrect appearance to
someone that because he owned property "near "that there was some special arrangement
involving him and his property.
Ms. JoAnn Smith, 2110 Anderson Drive, made a presentation regarding skateboarding in
Jefferson City. She stated that she felt that Bill 2001 -80 discriminates against young people
who choose skateboarding as a hobby or activity.
Mr. Ed Brandel, 1809 Overlook Drive, made a presentation regarding the Gross Receipts
Utility Tax (GRUT). He requested that he be provided a list of those businesses or
individuals that are capped at a certain rate. Finance Director Steve Schlueter stated that
the only entities capped are manufacturers and the State Capitol Complex, and that he
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 3
would be happy to provide Mr. Brandel with a list of those. City Counselor Allen Garner
stated that the caps are provided by city ordinance.
CONSENT AGENDA
The following items were presented to the Council for their approval by consent:
a. Council Meeting Minutes August 20, 2001
b. Authorizing Phase II Parsons- BrinckerhoffContract - Central Business District
Streetscape Improvements
Councilman Cliff Olsen made a motion that item (b) be removed for separate consideration,
seconded by Councilman Clyde Angle, and the motion was approved with Councilman
Carol Blaney voting "Nay."
A motion was made by Councilman Carol Blaney for approval of item (a) of the Consent
Agenda as presented, seconded by Councilman Edith Vogel, and approved unanimously.
Item (b): Following discussion, Councilman Larry Vincent made a motion to approve Item
(b), seconded by Councilman Charles Jackson, and approved with Councilman Cliff Olsen
and Councilman Clyde Angle voting "Nay."
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. Public Works & Planning Committee, June 21, 2001
b. Pedestrian - Bicycle Task Force, August 1, 2001
ANNOUNCEMENTS BY TH
E MAYOR
There were no announcements made by the Mayor at this time.
BILLS INTRODUCED
Bill 2001 -86, sponsored by Councilman Blaney, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CERINI
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 4
INVESTMENTS, D /B /A HERTZ RENT -A -CAR FOR LEASE OF COUNTER SPACE AT THE
JEFFERSON CITY MEMORIAL AIRPORT.
Bill 2001 -87, sponsored by Councilman Viessman, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO CHAPTER 22.
Councilman Edith Vogel requested that staff look into the possibility of including Helias in
this bill. Councilman Larry Vincent stated that he has received several requests from
persons in the area of JCHS that fines be increased for persons ticketed for parking in
Residential Parking Zones.
Bill 2001 -88, sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING A THIRTY
FOOT WIDE UNNAMED RIGHT -OF -WAY ADJOINING THE EAST LINE OF MONTANA
STREET AND RELINQUISHING THE EASEMENT RIGHTS THEREIN AND IN A THIRTY
FOOT WIDE RIGHT -OF -WAY PREVIOUSLY VACATED BY ORDINANCE NO. 9662.
Bill 2001 -89, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY.
Bill 2001 -90, sponsored by Councilmen Weber, Vogel, Vincent, Viessman, Olsen, Nelson,
Landwehr, Jackson, Blaney, Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19
OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO DRIVING WITH
EXCESSIVE BLOOD ALCOHOL CONTENT.
BILLS PENDING
Bill 2001 -72, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NATSCH & COMPANY
FOR REPLACEMENT OF METAL FASCIA AT THE THOMAS WHITECOTTON LAW
ENFORCEMENT FACILITY.
Bill 2001 -72 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13255:
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 5
Aye: Angle, Blaney, Jackson, Olsen, Viessman, Vincent, Vogel and Weber
Nay: None
Abstain: Landwehr
Bill 2001 -73, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET
AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 2001, TO OCTOBER 31, 2002, AND APPROPRIATING MONEY IN THE
CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT
DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Councilman Larry Vincent requested that Bill 2001 -73 be placed on the Informal Calendar
at this time.
Bill 2001 -74, sponsored by Councilman Olsen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARITON
VALLEY /TRISTAR COMMUNICATIONS FOR 911 COMMUNICATIONS CENTER RADIO
DISPATCH EQUIPMENT.
Bill 2001 -74 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13256:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2001 -76, 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 RATES FOR
WASTEWATER UTILITIES.
Councilman Charles Jackson made a motion to amend Bill 2001 -76 as printed and
distributed in the August 31 packets. Motion to amend was seconded by Councilman Cliff
Olsen, and approved unanimously. Bill 2001 -76 was read third time by title, placed on final
passage and passed, as amended, by the following vote as Ordinance 13257:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 6
Bill 2001 -77, sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOM ALLEN
CONSTRUCTION COMPANY FOR MISSOURI RIVER CROSSING HDD BORE.
Bill 2001 -77 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13258:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Mayor Tom Rackers asked President Pro Tempore Charles Jackson to assume the Chair
at this time, left the Council Chambers at this time due to a conflict of interest.
Bill 2001 -78, sponsored by Councilman Blaney, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MASTER PARKING LEASE AGREEMENT
WITH SPRINT.
Bill 2001 -78 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13259:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Mayor Tom Rackers returned to the Council Chambers at this time, and assumed the chair.
Bill 2001 -79, sponsored by Councilman Blaney, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TO AMEND CHAPTER 3
(ADVERTISING AND SIGNS) OF THE CODE OF THE CITY OF JEFFERSON IN ORDER
TO PROVIDE FOR THE ISSUANCE OF MURAL PERMITS AND THE PAINTING OF
MURALS.
Councilman Bob Weber left the Council Chambers momentarily during the third reading of
Bill 2001 -79. Bill 2001 -79 was read third time by title, placed on final passage and passed
by the following vote as Ordinance 13260:
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 7
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, and Vogel
Nay: None
Absent from Chambers during vote: Weber
Councilman Bob Weber returned to the Council Chambers at this time.
Bill 2001 -80, sponsored by Councilman Blaney, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19
(MOTOR VEHICLES AND TRAFFIC), AND CHAPTER 23 (PARKS & RECREATION), OF
THE CODE OF THE CITY OF JEFFERSON PERTAINING TO THE REGULATION OF
MOTORCYCLES, MOTOR BIKES, SKATEBOARDS, ROLLER SKATING, IN -LINE ROLLER
SKATES, SCOOTERS, TOY VEHICLES OR SIMILAR DEVICES WITHIN THE CITY.
A very lengthy discussion occurred, in which Councilman Cliff Olsen stated that he feels
adding other types of "vehicles" instead ofjust skateboards has taken this issue fartherthan
it should have been. Councilman Carol Blaney requested that Bill 2001 -80 be placed on the
Informal Calendar.
Bill 2001 -81, sponsored by Councilman Vincent, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MIDSTATE WASTE
FOR LEACHATE SERVICES.
Bill 2001 -81 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13261:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2001 -82, sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE EASEMENT AGREEMENTS WITH VARIOUS
PROPERTY OWNERS RELATED TO WASTEWATER TREATMENT PLANT AND RIVER
CROSSING CONSTRUCTION PROJECT.
Bill 2001 -82 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13262:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 8
Nay: None
Bill 2001 -83, 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 A POSITION WITHIN THE PLANNING & CODE ENFORCEMENT
DEPARTMENT.
Bill 2001 -83 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13263:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2001 -84, sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN EARTHQUAKE EMERGENCY
COOPERATION AGREEMENT WITH THE MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION.
Bill 2001 -84 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13264:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
Bill 2001 -85, 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 RELATED TO A TOBACCO RETAIL SALES
ENFORCEMENT GRANT.
Bill 2001 -85 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 13265:
Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Viessman, Vincent, Vogel and
Weber
Nay: None
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 9
RESOLUTIONS
RS2001 -18 — Application of St. Marys for Critical Care Patient Transport Program. A
motion was made by Councilman Cliff Olsen that Resolution RS2001 -18, which was tabled
at the August 20 Council Meeting, be removed from the agenda until further notice. The
motion was seconded by Councilman John Landwehr and approved unanimously.
NEW BUSINESS
a. Convention Center (Councilman Angle). Councilman Clyde Angle stated that at
the most recent City / County / Chamber luncheon that the Mayor had been in
"discussions" with a private individual who intends to build a convention center.
Councilman Angle asked Mayor Rackers to share with the Council some of those
discussions. Mayor Tom Rackers answered that although there is an individual
interested in looking at the possibility of building a convention center, he is not at
liberty to discuss that at this point in time. He indicated that later he may be able
to discuss it further, but that it is up to the interested individual at this point when
that time should be. Councilman Clyde Angle asked where the City stands at the
point regarding the pursuit of a convention center. City Administrator Rich Mays
stated that because of the past history of this issue, the City decided that until
someone comes forward, or until the State of Missouri approached the City about
doing a project, that a convention center would not be on the city's list of priorities
compared with everything else the city is working on.
b. City Priorities (Councilman Angle)
c. Five -Year Capital Improvement Plan (Councilman Angle)
d. School AREA Studies - JBM Consulting Engineers (Councilman Angle)
Belair School
e. Police Department Policy - Underage Drinking (Councilman Angle)
Councilman Clyde Angle stated that he wished to remove items (b) through (d) and discuss
them at a Council work session instead.
Councilman Charles Jackson commended staff for addressing the issue of bid bonds and
performance bonds. He asked for information as to what staff will be doing so that Minority
Business Enterprises (MBE) and Women -Owned Business Enterprises (WBE) meet the
requirements.
Councilman Larry Vincent made comments regarding the city's bidding process, and asked that
Council give staff any issues that it would like to see discussed at a future work session along
with the issues which Councilman Angle has requested be discussed at the session.
UNFINISHED BUSINESS
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 10
a. Sidewalks - Liability Issues (Councilman Angle)
b. Sidewalks - Vaults (Councilman Angle)
c. Racial Profiling (Councilman Angle)
Councilman Angle requested that these Unfinished Business items be removed from future
agendas and that they be discussed at a future Council work session instead.
Mayor Tom Rackers asked President Pro Tempore Charles Jackson to assume the Chair
at this time, and left the Council at this time to avoid any conflict of interest during the
discussion of item (d).
Sprint Franchise (Viessman) — A lengthy discussion was held regarding the recently
passed franchise with Sprint Telecommunications. Councilman Roy Viessman asked
several questions of City Counselor Allen Garner regarding the necessity of having a
franchise when federal and state laws have in effect declared that no such franchise is
needed. Mr. Garner indicated that the only reason the city entered into the agreement was
at the request of Sprint so that they would have backup documentation when processing
payment of the franchise fees to the city. Councilman Roy Viessman stated that he felt
Council was led to believe by the City Counselor at the August 20 meeting that if the
Council did not vote on the franchise at that meeting, there would have to be a referendum
on the matter, and asked Mr. Garner if that was a true statement. Mr. Garner answered that
that was Sprint's position. Councilman Viessman asked if no vote had been taken on
August 16, according to Sec. 10.3 of the City Charter, the franchise would have continued
on without a vote. He asked Mr. Garner if that would have been the case. Mr. Garner
indicated that once the franchise expires it does not continue on. He stated that changes
which have occurred in both state and federal laws since the adoption of the Charter which
have severely pre - empted the city's right to act in the franchise area, including S.B. 369
which specifically provides that no political subdivision shall require a telecommunication
company to obtain a franchise. He stated that there is also provisions in the
Telecommunications Act of 1996 dealing with barriers to entry which have been held by at
least one court to include requiring franchises, and there have also been cases that
indicate that if you submit franchising to votes of the citizens, that that is also a violation of
the Telecommunications Act. Councilman Viessman asked if the Council could have
actually held the vote on the franchise over until this meeting. Mr. Garner stated that that
would have changed its legal impact in some way. Councilman Viessman indicated that he
would still like to see Sprint offer a place in Jefferson City where people can pay their
phone bills with cash.
City Administrator Rich Mays requested that any Council members that have questions
about the Sprint franchise submit those questions in writing so that staff can respond to
them.
COUNCIL LIAISON REPORTS
REGULAR COUNCIL MEETING SEPTEMBER 4, 2001 11
Councilman Larry Vincent announced a Finance Committee Meeting will be held
Wednesday, September 12 at 5:30 P.M. in the Upper Level Conference Room of City Hall.
ADJOURNMENT
There being no further business to come before the Council at this time, Councilman Carol
Blaney made a motion for adjournment, seconded by Councilman Cliff Olsen, and approved
unanimously at 8:18 P.M.