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Home My Public Portal About20011119REGULAR COUNCIL MEETING NOVEMBER 19, 2001 1 CALL TO ORDER The Regular Council Meeting of November 19, 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 CALL The following Council Members were present for the roll call: Present: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, Vogel, and Weber Absent: Viessman A quorum was declared present. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Sam Cook and Mr. Jim Crabtree — Environmental Quality Commission. Mr. Cook made a presentation regarding the Commission's efforts to beautify the downtown area of Jefferson City, and explained some of the past accomplishments and future goals. Mr. Crabtree stated that the Commission's report will be made available in the near future on CD for anyone interested in obtaining a copy, as well as placed on the city's web site. Following Mr. Cook's and Mr. Crabtree's presentations, they introduced the next presenter. Mrs. Lori Holden, First Lady of the State of Missouri — Mrs. Holden spoke to the Council regarding the importance of maintaining a beautiful and historic environment in the capital city of Missouri. The Mayor and Council thanked Mrs. Holden for taking the time to attend the meeting and make her presentation. Following the presentations, comments were made by the Council regarding the Commission's efforts, and Councilman John Landwehr commended all City Boards and Commissions for their volunteer work on behalf of the City. CONSENT AGENDA The following items were brought before the Council for their consideration: a. Council Meeting Minutes November 5, 2001 b. Approval of Conditional Use Request from Missouri American Water for REGULAR COUNCIL MEETING NOVEMBER 19, 2001 2 Rolling Gate Structure at 910 W. Main Street c. Approval of Conditional Use Request from Federal Protective Service for Sidewalk Planters at 209 Adams Street (RENEWAL) Authorizing Contract with Federal Aviation Administration for Tower Cost Sharing Program e. Sole Source Procurement with HTE, Inc. for Software Maintenance - Police Dept. f. Authorizing Extension of Agreement with Local 671 I.A.F.F. Firefighter's Union A motion was made by Councilman Larry Vincent for approval of the Consent Agenda as presented, 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: a. Planning & Zoning Commission October 11, 2001 b. Transportation & Traffic Commission September 26 and October 4, 2001 c. Environmental Services Committee June 18, 2001 d. Pedestrian - Bicycle Task Force September 19, 2001 e. Firefighter's Retirement System Board August 14, 2001 f. Parks & Recreation Commission October 8, 2001 g. Certification of November 6 Election Results (Half -Cent Sales Tax, Proposition 1) h. Board of Adjustment October 9, 2001 Historic Preservation Commission September 11, 2001 j. Housing Authority Board of Commissioners October 10, 2001 ANNOUNCEMENTS BY TH E MAYOR Mayor Tom Rackers thanked the Half -Cent Sales Tax Committee for the success at the REGULAR COUNCIL MEETING NOVEMBER 19, 2001 3 November 6 election. Mayor Rackers announced that Councilman Roy Viessman was in San Diego attending the change of command of the USS Jefferson City submarine, and that he would have a report on the event at the next Council meeting. BILLS INTRODUCED Bill 2001 -129, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLE COUNTY FOR SEWER LINE EXTENSION FOR WREN ENTERPRISES. Bill 2001 -130, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF TWO PORTIONS OF WEST MAIN STREET AND A PORTION OF BROOKS STREET. Bill 2001 -131, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RAILROAD CROSSING AGREEMENTS WITH UNION PACIFIC RAILROAD. Councilman Charles Jackson stated that a correction should be made to page 1 of Exhibit A by changing the sanitary wastewater pipeline crossing from "36 inch" to "30 inch." BILLS PENDING Bill 2001 -126, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE CAPITAL ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION. Bill 2001 -126 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13304: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, Vogel and Weber REGULAR COUNCIL MEETING NOVEMBER 19, 2001 4 Nay: None Bill 2001 -127, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF THE CITY OF JEFFERSON AUTHORIZING THE REGULATION OF SOLICITATION OF CONTRIBUTIONS AND SALE OF MERCHANDISE ON HIGHWAYS AND STREETS. Bill 2001 -127 was read third time and placed on final passage. A motion was made by Councilman Carol Blaney to accept the Substitute Bill which was distributed in the City Council packets. Motion was seconded by Councilman Larry Vincent, and approved unanimously. A lengthy discussion was held regarding this bill. Councilman Charles Jackson made a motion to amend the bill by adding Highway 63 to the list of streets and highways, and also to add language which would include groups (such as school and universities) federally recognized as "tax exempt ". Councilman Bob Weber seconded the motion, and it passed with Councilman Clyde Angle voting "Nay." Following more discussion, Councilman Charles Jackson called for the question, and the call for the question was approved. Substitute Bill 2001 -127 was then passed, as amended, by the following roll -call vote as Ordinance No. 13305: Aye: Blaney, Jackson, Landwehr, Nelson, Vincent, Vogel, and Weber Nay: Angle and Olsen Bill 2001 -128, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON CITY AVIATION D /B /A JEFFERSON CITY FLYING SERVICE FOR FIXED BASE OPERATOR / GROUND LEASE AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2001 -128 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13306: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2001 -102, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), REGULAR COUNCIL MEETING NOVEMBER 19, 2001 5 SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF EAST ELM STREET. Councilman Carol Blaney requested that Bill 2001 -102 be withdrawn at this time. Bill 2001 -108, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH MISSOURI TRANSIT LINES, INC. FOR INTER -CITY BUT ROUTE AND LEASE OF BUS TERMINAL FACILITY. Councilman Carol Blaney requested that Bill 2001 -108 remain on the Informal Calendar at this time. NEW BUSINESS Councilman Larry Vincent mentioned that there was some public discussion going on about the disposition of some houses on W. McCarty. Mr. Vincent stated that the city paid $199,000 for one of these properties a few years back to use for a convention center. After that project was discontinued, the city then sought to recover its investment in the property, and that the Housing Authority's offer is the only one received which would do that. He stated that, although other persons or organizations may be interested in the property, they have not offered to pay the City what it has invested in it. UNFINISH ED BUSINESS a. Human Rights Report — Following a brief discussion of the report which had been issued by the Law Department, Mayor Tom Rackers stated that, in light of the report's findings, he intends to pursue abolishment of the city's Human Rights Commission. Councilman John Landwehr made a motion that staff be directed to draft an ordinance to abolish the Commission and distribute it to the Council for their review and input. Motion was seconded by Councilman Bob Weber and approved. Attendance at Closed Meetings by Council Members — Councilman Clyde Angle asked Councilman Steve Nelson if he plans to attend Closed Sessions for the remainder of his Council term. Councilman Nelson stated that he is accountable only to the constituents of his Second Ward, and that all sources he has checked have indicated that he is not required to attend Closed Meetings. REGULAR COUNCIL MEETING NOVEMBER 19, 2001 6 COUNCIL LIAISON REPORTS Councilman Charles Jackson announced that due to a lack of agenda items, no Public Works & Planning Committee meeting will be held in November. APPROVAL OF CLOSED SESSION MINUTES Closed Session Minutes, November 5, 2001 — A motion was made by Councilman Steve Nelson for approval as presented, seconded by Councilman Carol Blaney, and approved with Councilman Nelson abstaining. 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 one the following: a. Personnel [Sec. 610.021(3)] A motion was made by Councilman Carol Blaney to go into Closed Session, seconded by Councilman John Landwehr, and approved by the following roll -call vote at 7:15 PM: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Vincent, Vogel, and Weber Nay: Nelson