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HomeMy Public PortalAbout20001016REGULAR COUNCIL MEETING October 16, 2000 CALL TO ORDER The Regular Council Meeting of October 16, 2000, 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, Nelson, Olsen, Vincent, and Vogel. Absent: Stella and Weber A quorum was declared present. PUBLIC HEARINGS Rezoning of 1414, 1432, 1406, 1410 and 1500 Southwest Boulevard from RS -2, Single Family Residential; RA -2, Multiple Family Residential; and PUD, Planned Unit Development, to C -O, Office Commercial — Charles Lansford, Interim Director of Planning & Code Enforcement, made a presentation outlining the area to be rezoned and the background of the request for rezoning. Following Mr. Lansford's presentation, no one present requested to speak in favor of, or opposition to, the proposed rezoning. Mayor Tom Rackers declared the public hearing concluded. PRESENTATIONS FROM GALLERY David Overfelt — 345 Schellridge Road, spoke in opposition to Bill 2000 -82 which pertains to registration of beer kegs, and distributed information to illustrate his position on the issue. The following persons made comments in opposition to Bill 2000 -85, authorizing Development Agreement with Landmark, LLC for Ashley Commons Housing Project: Pete Donovan, 2826 Barnhill Road Kent Gaines, 2711 Barhnill Road Kelly Barnhart, 3622 N. Rock Beacon Road Gregory Natsch, 3602 S. Rock Beacon Road REGULAR COUNCIL MEETING October 16, 2000 A group of several people also present stood when asked to indicate the number of those also opposing this issue. The following persons spoke in favor of the Ashley Commons housing project: Duane Schreimann, legal counsel for Landmark, LLC Allen Pollock, 1001 Adams, Director of the Jefferson City Housing Authority Larry Harness, Landmark, LLC The following persons made presentations in support of Bill 2000 -82 requiring the registration of beer kegs: Michael Couty, 1706 E. Elm, Director of Missouri Division of Drug Abuse Emily Rackers, (age 15), Centertown Peggy Quigg, 1109 Jobe Drive Dr. Winston Rutledge, 1004 Nelson Drive Adam Flores, (age 15), Holts Summit Donnie Thomas, 711 Oak Creek Court, Executive Director of Boys and Girls Clubs Mr. Bernie Fechtel, owner of Fechtel Beverage, made comments supporting the City's efforts to control underage drinking and offered his services, and also offered support on behalf of the owner of Scheppers Beverage, to help in any way. Mr. Frank Twehous, 8514 Liberty Road, owner of Twehous Excavating Company, made comments in opposition to Bill 2000 -87 (Edgewood Drive Extension Project) because he felt the City should award the bid to a local company even though it was not the low bid. Mr. Keith Hanson, 6624 Cedar Glade, with Freesen, Inc., made comments in support of Bill 2000 -87, and gave his reasons why the City should award the bid to his company which turned in the low bid on the project. CONSENT AGENDA a. Minutes of October 2, 2000 City Council Meeting b. Bid 1898 - Body Armor, Fire Department (Held Over from September 18 & Oct. 2 Agendas) c. RENEWAL — Lease Agreement with Fischer Grain Farms (Held Over from October 2 Agenda d. Approval of Assignment of Fire Station 3 Cell Tower Lease Councilman Cliff Olsen requested that the Minutes of the October 2 meeting be corrected REGULAR COUNCIL MEETING October 16, 2000 to reflect that he voted "Nay" on Resolution RS2000 -11. Mayor Tom Rackers stated that the correction is so noted. Councilman Charles Jackson requested that item (d) be removed from the Consent Agenda pending receipt of further information from staff. Councilman Larry Vincent stated that if item (b) is approved, the funds will now come out of next year's budget. Councilman Charles Jackson moved that items (a), as corrected, (b), and (c) of the Consent Agenda, be approved. Motion was seconded by Councilman Carol Blaney, and approved unanimously BIDS OVER $25,000 a. RFP for City Insurance b. Bid 1908 — Sodium Chloride, Public Works Dept. A motion was made by Councilman Larry Vincent for approval, motion was seconded by Councilman Carol Blaney, 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. Public Works & Planning Committee, July 20, 2000 b. Board of Electrical Examiners & Review, May 25, 2000 and July 12, 2000 c. September2000, Finance Report d. Board of Adjustment, September 12, 2000 e. Parks & Recreation Commission, August 14, 2000 and September 11, 2000 f. Ad hoc Oak Hills Advisory Committee, September 19, 2000 g. Park Resources Committee, September 26, 2000 ANNOUNCEMENTS BY THE MAYOR REGULAR COUNCIL MEETING October 16, 2000 October Yard of the Month Award — Michael & Michelle Newberry, 109 Boonville Road (Will not be present to accept award) APPOINTMENTS BY THE MAYOR a. Introductory Police Officer — Jason Sederwall b. Introductory Telecommunications Operator — Judy Higgins Councilman Charles Jackson made a motion to approve the appointments as presented, the motion was seconded by Councilman Larry Vincent and approved unanimously. BILLS INTRODUCED Bill 2000 -86, 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 A PORTION OF CAPITOL AVENUE. Bill 2000 -87, sponsored by Councilman Jackson, Weber, and Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FREESEN, INC. FOR WEST EDGEWOOD DRIVE EXTENSION PROJECT. Councilman Larry Vincent made a motion to amend Bill 2000 -87 by awarding the bid to Twehous Excavating Company instead of Freesen, Inc. The motion was seconded by Councilman Cliff Olsen and approved with Councilman Steve Nelson voting "Nay." Councilman Charles Jackson requested that the Council be provided with information regarding these two companies and how they each planned to subcontract the work on the project and list other projects on which they have worked for the City. Bill 2000 -88, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HOWARD CERINI, CERINI INVESTMENTS, D /B /A HERTZ RENT -A -CAR, FOR LEASE OF COUNTER SPACE AT THE JEFFERSON CITY AIRPORT. Bill 2000 -89, sponsored by Councilman Vincent, entitled: REGULAR COUNCIL MEETING October 16, 2000 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR PROFESSIONAL MEDICAL SERVICES. Bill 2000 -90, 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, 2000, TO OCTOBER 31, 2001, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. BILLS PENDING Bill 2000 -74, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EVERS AND COMPANY FOR AUDIT SERVICES. Bill 2000 -74 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13122: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -75, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OPERATING ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI HIGHWAY & TRANSPORTATION COMMISSION FOR BUS SERVICE, INCLUDING A GRANT FOR SHO -ME COACH TO PROVIDE INTERCITY BUS SERVICE. Bill 2000 -75 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13123: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -76, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING October 16, 2000 MAYOR AND CITY CLERK TO EXECUTE A ROAD RELINQUISHMENT AGREEMENT WITH THE MISSOURI HIGHWAY & TRANSPORTATION COMMISSION FOR THE RELINQUISHMENT OF A ROADWAY LOCATED AT NORTH TEN MILE DRIVE. Bill 2000 -76 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13124: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -77, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT OPERATING ASSISTANCE GRANT (AIR- 016 -40B) AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION. Bill 2000 -77 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13125: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -78, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 1999 -2000 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE CENTRAL MAINTENANCE FUND AND THE TRANSIT FUND. Bill 2000 -78 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13126: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -79, sponsored by Councilman Landwehr, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PLAT OF THE RIVER'S EDGE ESTATES SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2000 -79 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13127: REGULAR COUNCIL MEETING October 16, 2000 Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -80, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE FOUNDATION CONSTRUCTION CO., INC. FOR IMPROVEMENTS TO FIRE STATION 1 Councilman Clyde Angle requested that this bill be rebid. Following discussion of the bidding process, Bill 2000 -80 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13128: Aye: Blaney, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: Angle Abstain: Jackson Bill 2000 -81, sponsored by Councilmen Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber , entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARYAND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2001. Councilman Larry Vincent made a motion to accept the substitute to Bill 2000 -81 which was distributed in the packet. The motion was seconded by Councilman Charles Jackson, and approved unanimously. Bill 2000 -81, as substituted, was read third time by title, placed on final passage and passed by the following vote as Ordinance 13129: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -82, sponsored by Councilman Angle, entitled: AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ALCOHOLIC BEVERAGES, BY ENACTING A NEW SECTION REQUIRING THE REGISTRATION BY LICENSEES OF KEGS HOLDING BEER, WINE OR INTOXICATING LIQUOR, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. Councilman Clyde Angle made a motion to accept the substitute Bill 2000 -82 which was distributed in the packets. The motion was seconded by Councilman Charles Jackson and approved with Councilmen Vincent and Vogel voting "Nay" on the motion. A lengthy discussion ensued, in which Councilman Larry Vincent stated that some sort of forum with REGULAR COUNCIL MEETING October 16, 2000 local retailers needs to be held because of the effect this bill will have on them. Following the discussion, Bill 2000 -82 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13130: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, and Olsen Nay: Vincent and Vogel Bill 2000 -83, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ENACTING A NEW SECTION PROHIBITING USE OF ALCOHOLIC BEVERAGES AND DRUGS BY ANY MINOR AT AN OPEN HOUSE PARTY BY ENACTING A NEW SECTION AND PROVIDING A PENALTY FOR VIOLATION THEREOF. Councilman Clyde Angle made a motion to accept the substitute Bill 2000 -82 which was distributed in the packets. The motion was seconded by Councilman Charles Jackson and approved with Councilman Vogel voting "Nay" on the motion. A lengthy discussion was held on the bill, after which Bill 2000 -83 was read third time by title, placed on final passage and defeated by the following vote : Aye: Angle and Jackson Nay: Blaney, Landwehr, Nelson, Olsen, Vincent, and Vogel Bill 2000 -84, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND AMENDMENT TO SOLID WASTE AGREEMENT WITH ALLIED SERVICES, L.L.C., D /B /A MID -STATE WASTE. Bill 2000 -84 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13131: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Vincent, and Vogel Nay: None Bill 2000 -85, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LANDMARK, LLC FOR THE ASHLEY COMMONS HOUSING PROJECT. A lengthy discussion was held on Bill 2000 -85. Mr. Larry Harness answered numerous questions regarding the project. Councilman John Landwehr made a motion, seconded by Councilman Charles Jackson, to amend the agreement to reflect that the developer agrees REGULAR COUNCIL MEETING October 16, 2000 to request zoning for that portion on the north and south side of North Rock Beacon (where the developer plans to build duplex units) be RD. Mr. Harness agreed that he would agree to Mr. Landwehr's stipulated amendment to the agreement. The motion to amend was then approved with Councilman Vogel voting "Nay." Bill 2000 -85 was read third time by title, placed on final passage and passed, as amended, by the following vote as Ordinance 13132: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, and Vincent Nay: Olsen and Vogel INFORMAL CALENDAR Bill 2000 -58, 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, 2000, TO OCTOBER 31, 2001, 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 2000 -58 remain on the Informal Calendar, where it dies at this time. NEW BUSINESS Councilman Steve Nelson stated that several "Walk" signs near the Governor's Mansion are pointed in the wrong direction, and some of them do not work. Jack Kramer, Public Works Department, stated that he would look into the matter. Councilman Clyde Angle requested information on the racial profiling issue. Police Captain Jim Johnsen stated that the City is complying with the required forms reporting and recently passed legislation on the issue. Councilman Charles Jackson commended the Jefferson City Police Department on its professionalism in the area of "crowd control" during the weekend of J.C. High School's homecoming and surrounding activities. UNFINISH ED BUSINESS There was no unfinished business brought up at this time. REGULAR COUNCIL MEETING October 16, 2000 COUNCIL LIAISON REPORTS Councilman Larry Vincent announced that a Finance Committee meeting will be held Thursday night, October 19, at 6:00 PM to finish work on the budget. Councilman Charles Jackson announced that a Public Works & Planning Committee meeting will be held at 6:30 PM on Thursday, October 26. APPROVAL OF EXECUTIVE SESSION MINUTES A motion was made by Councilman Charles Jackson to approve the Minutes of the October 2, 2000 Executive Session. Motion was seconded by Councilman Larry Vincent and approved with Councilman Steve Nelson voting "Nay. ". GO INTO EXECUTIVE SESSION A motion was made by Councilman Larry Vincent that the Council go into Executive Session at this time to discuss matters pertaining to real estate, litigation and personnel. Motion was seconded by Councilman Charles Jackson, and approved by the following vote at 9:05 P.M. by the following roll -call vote: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Vincent, and Vogel, Nay: Nelson