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HomeMy Public PortalAbout20010319REGULAR COUNCIL MEETING MARCH 19, 2001 CALL TO ORDER 1 The Regular Council Meeting of March 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 CAL The following Council Members were present for the roll call: Present: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, Vincent, Vogel, and Weber Absent: Nelson A quorum was declared present. PRESENTATIONS FROM THE GALLERY Ms. Celeste Koon, 1017 Holly Drive, urged the Council to approve Bill 2000 -125 pertaining to non - partisan elections. She stated that many people in the area who work for government entities would run for city offices if the elections were not partisan. Mr. Duane Schreimann, 603 Turnberry, spoke in favor of placing the issue of non - partisan elections on the ballot to give the citizens the opportunity to vote on the issue (Bill 2000 -125). Mr. Tony Adrian, 113 Woodward Lane, made a presentation in favor of Bill 2000 -134, and showed architect's renditions of the luxury apartment building which would be built if the rezoning is approved. Mr. Dave Hoerschman, 3605 Mall Ridge, President of the Jefferson City Youth Hockey Club, introduced Mr. David Mohen, Attorney at Law, who has been retained by the JCYHC members to represent them in the matter of the organization and operation of the hockey program by the Jefferson City Parks and Recreation Department. Mr. Mohen asked members of the gallery who were there regarding this issue to stand. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS City Administrator Rich Mays introduced Senior Planner Janice McMillan who made a presentation regarding information just released on the 2000 census figures for Jefferson City. She stated that the population of the city is now 39,636, which represents an 11.6% increase over the 1990 census. REGULAR COUNCIL MEETING MARCH 19, 2001 2 CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of March 5, 2001, City Council Meeting b. Bid No. 1919 - Fire Hose, Fire Department c. Bid No. 1925 - Side Discharge Spreader Bed, Water Pollution Control Plant d. SOLE SOURCE PROCUREMENT — Pump Control Panels with Indquip Engineering in the amount of $15,318.00 for the Water Pollution Control Plant Councilman Larry Vincent made a motion to approve the Consent Agenda as presented, motion was seconded by Councilman Bob Weber. Councilman Charles Jackson made comments regarding item (d), and suggested that staff should use the term "Standardize" rather than "Sole Source" in instances such as this. Councilman Clyde Angle made comments regarding items (b) and (d) indicating that he will vote against the Consent Agenda because of those two items. The Consent Agenda was then approved with Councilman Clyde Angle voting "Nay." 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, February 8, 2001 b. 911 Advisory Committee, February 6, 2001 c. Firefighter's Retirement System Board, December 6, 2000 d. Planning & Zoning Commission, February 8, 2001 e. Parks & Recreation Commission, February 12, 2001 f. Board of Adjustment, February 13, 2001 ANNOUNCEMENTS BY THE MAYOR There were no announcements made by Mayor Tom Rackers at this time. REGULAR COUNCIL MEETING MARCH 19, 2001 BILLS INTRODUCED 3 Bill 2000 -132, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SVERDRUP CIVIL FOR CONSTRUCTION PHASE SERVICES IN CONNECTION WITH THE WATER RECLAMATION FACILITY, MAIN PUMP STATION AND RIVER CROSSING PROJECT. Bill 2000 -133, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH JEFFERSON CITY NEW CAR DEALERS ASSOCIATION FOR USE OF AIRPORT FACILITIES IN CONJUNCTION WITH THE ANNUAL NEW CAR SHOW. Bill 2000 -134, 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 THE END PORTIONS OF 1425 SUNSET LAKE ROAD FROM RS -2, SINGLE FAMILY RESIDENTIAL TO RA -1, MULTIPLE FAMILY RESIDENTIAL. Councilman Bob Weber asked if anything had been done about the possibility of purchasing the property to be used as a park. City Counselor Allen Garner stated that a meeting had been held ad the City Council would receive information coming out of that meeting within the next week. Bill 2000 -135, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 13164 AUTHORIZING THE USE OF CITY FACILITIES FOR PRIVATE ANIMAL CREMATION AND AUTHORIZING AGREEMENTS WITH VETERINARIANS TO PARTICIPATE IN THE CITY'S PROGRAM. Bill 2000 -136, sponsored by Councilmen Jackson & Nelson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN EASEMENT RIGHTS IN A PART OF WEST ELM STREET PREVIOUSLY VACATED BY ORDINANCE NO. 13087 LOCATED EAST OF WASHINGTON STREET AND WEST OF WEARS CREEK. Bill 2000 -137, sponsored by Councilmen Vincent & Stella, entitled: REGULAR COUNCIL MEETING MARCH 19, 2001 4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF FUNDS WITHIN THE GENERAL FUND OF THE 2000 -2001 GENERAL BUDGET. Councilman Stella requested that the rules be suspended and Bill 2000 -137 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2000 -137 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 13173: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, Vincent, Vogel and Weber Nay: None Bill 2000 -138, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 26 (POLICE) OF THE CODE OF THE CITY OF JEFFERSON BY ENACTING A NEW ARTICLE V PERTAINING TO RACIAL PROFILING. Councilman Larry Vincent requested that Councilman Clyde Angle consider withdrawing this bill until Police Chief Roger Schroeder is out of the hospital and back to work so that the Council could ask him questions about it before voting on it. Councilman Clyde Angle stated that he believed Chief Schroeder would be in favor of the bill if he were still on the job. BILLS PENDING Bill 2000 -128, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ASSOCIATED DOOR COMPANY FOR GARAGE DOOR REPLACEMENT AT THE WATER POLLUTION CONTROL PLANT. Councilman Larry Vincent made a motion to amend the bill by accepting the bid of Dulle Overhead Door with Alternate #2 of the bid. The motion was seconded by Councilman Bob Weber. Councilman Charles Jackson made comments regarding his strong concerns about awarding the bid to Dulle using the staff's justification for doing so. He stated that the "local preference" should be used only in cases where the two bids in question are equal, and these bids are not. Following a lengthy discussion, Councilman Larry Vincent withdrew his amendment and Councilman Bob Weber withdrew his second. Councilman Larry Vincent then moved to accept the bid of Dulle Overhead Door which is $51.00 higher than the bid of low bidder Associated Door Company because Dulle would be the company maintaining all the doors regardless of which company sold those doors to the City. Motion was seconded by Councilman Bob Weber. City Counselor Allen Garner was asked if the reason REGULAR COUNCIL MEETING MARCH 19, 2001 5 for accepting the second low bid should be given in writing. Mr. Garner stated that a Councilman can state in his motion his reason, which would then be reduced to writing in the minutes, thus satisfying the rule for the reason being in writing. Following more discussion, Councilman Cliff Olsen made a motion to call for the question, motion was seconded by Councilman John Landwehr, and approved. Councilman Vincent's motion was then defeated by the following roll -call vote: Aye: Vincent and Weber Nay: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, and Vogel Bill 2000 -128 was then passed by the following roll -call vote as Ordinance 13169: Aye: Blaney, Jackson, Landwehr, Olsen, Stella, Vincent and Vogel Nay: Angle and Weber Bill 2000 -129, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NOLAN ENTERPRISES FOR CEMETERY MAINTENANCE. Bill 2000 -129 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13170: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, Vincent, Vogel and Weber Nay: None Bill 2000 -130, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION AND DELETION OF CERTAIN LOCATIONS ON CAPITOL AVENUE, JEFFERSON STREET, MADISON STREET, HIGH STREET, AND CITY PARKING LOTS 1, 2, 3, 8, 10, 11, AND 13. Bill 2000 -130 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13171: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, Vincent, Vogel and Weber Nay: None Bill 2000 -131, sponsored by Councilman Blaney, entitled: REGULAR COUNCIL MEETING MARCH 19, 2001 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES), AND SECTION 22 -18 (METERED PARKING), PERTAINING TO METERED PARKING IN THE DOWNTOWN AREA OF JEFFERSON CITY. Bill 2000 -131 was read third time by title and placed on final passage. Councilman Larry Vincent made a motion to amend Section 3 of Bill 2000 -131 by removing subparagraph (f), which would leave City Parking Log 1, 200 block of Jefferson Street: Upper level, 40 spaces, at the current rate of 25 cents. Motion was seconded by Councilman Bob Weber and approved with Councilman Carol Blaney voting "Nay." Bill 2000 -131 was then passed, as amended, by the following vote as Ordinance 13172: Aye: Angle, Blaney, Jackson, Landwehr, Olsen, Stella, Vincent, Vogel and Weber Nay: None Bill 2000 -124, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BILL YARNELL FOR PROFESSIONAL SERVICES. A motion was made by Councilman Charles Jackson to accept the substitute Bill 2000 -124 which was distributed in the March 2 Council Packets. Motion was seconded by Councilman Larry Vincent, and approved unanimously. Substitute Bill 2000 -124 was then read third time by title, placed on final passage and passed by the following vote as Ordinance 13167: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: None INFORMAL CALENDAR Bill 2000 -121, 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 1100 WEST MAIN STREET FROM RS -1, SINGLE FAMILY RESIDENTIAL TO RA -2, MULTIPLE FAMILY RESIDENTIAL. Councilman John Landwehr requested that Bill 2000 -121 remain on the Informal Calendar at this time. REGULAR COUNCIL MEETING MARCH 19, 2001 7 Bill 2000 -125, sponsored by Councilman Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROPOSING AN AMENDMENT TO SECTION 8.2 NOMINATIONS, SECTION 3.6c COUNCIL VACANCY, SECTION 6.6d CITY PROSECUTOR VACANCY AND SECTION 6.7(b)(3) MUNICIPAL JUDGE VACANCY OF THE CHARTER TO PROVIDE FOR NON - PARTISAN ELECTIONS AND AUTHORIZING A REFERENDUM ON THE PROPOSED CHANGES. Councilman Blaney requested that Bill 2000 -125 remain on the Informal Calendar at this time. Bill 2000 -127, sponsored by Councilman Jackson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMEREN UE FOR THE CONVEYANCE OF REAL PROPERTY WITH CONDITIONS. Councilman Charles Jackson requested that Bill 2000 -127 remain on the Informal Calendar at this time. NEW BUSINESS Councilman Clyde Angle asked if the Mayor's Commission on Human Rights was still an active committee. Mayor Tom Rackers stated that the Commission was no longer in existence, and that their function is now basically being addressed by Chamber of Commerce's Multi- Cultural Forum. Councilman Angle asked if the references to the Mayor's Commission on Human Rights should be removed from the City Code. COUNCIL LIAISON REPORTS Councilman Larry Vincent announced the previously scheduled March 20 Finance Committee meeting which will be held at 5:30 P.M. in the City Hall upper -level conference room. Councilman Charles Jackson announced that the March 22 Public Works and Planning Committee meeting has been canceled, and suggested that at the next meeting the Council have more information regarding the progress of the sewer plant renovation / upgrade to keep Council informed prior to advertising for bids. Councilman Larry Vincent asked if Council could also receive information at that time which they had requested regarding the "local preference" issue. City Counselor Allen Garner stated that the Law Department had been asked to provide, within sixty days, a legal opinion on that issue. He stated that would be completed by the April Public Works & Planning Committee meeting. ADJOURN MENT REGULAR COUNCIL MEETING MARCH 19, 2001 8 There being no further business to come before the Council at this time, a motion for adjournment was made by Councilman Carol Blaney, seconded by Councilman Larry Vincent, and approved unanimously at 7:55 P.M..