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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.