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Home My Public Portal About20010402REGULAR COUNCIL MEETING APRIL 2, 2001 CALL TO ORDER 1 The Regular Council Meeting of April 2, 2001, was convened at 6:00 P.M. by Mayor Tom Rackers. Prayer was offered by Councilman Charles Jackson, 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, Stella, Vincent, Vogel, and Weber Absent: None A quorum was declared present. PRESENTATIONS FROM THE GALLERY Steve Veile, 140 E. Circle Drive, Chairman of the Cook Home Task Force and the Historic Preservation Commission, made a presentation in opposition of Bill 2000 -121. Following Mr. Veile's oral presentation he asked members of the audience present who were opposed to the proposed rezoning to stand, to which several persons responded. Laura Ward, 1123 W. Main, also voiced her opposition to Bill 2000 -121. Mr. Duane Schreimann, 603 Turnberry, spoke on behalf of the Heisinger Lutheran Home and urged the Council to pass Bill 2000 -121. He also spoke on behalf of the newly formed Jefferson City Convention & Visitors Bureau, Inc. and stated that members of the board would be happy to attend a future meeting to answer any questions by the Council. ITEMS CONSIDERED OUT OF AGENDA ORDER Mayor Tom Rackers stated that if the Council had no objections, perhaps they would like to take up the Informal Calendar at this time since several persons attending the meeting were there for one or more of those items. Council agreed to take up the Informal Calendar at this time. INFORMAL CALENDAR Bill 2000 -121, sponsored by Councilman Landwehr, entitled: REGULAR COUNCIL MEETING APRIL 2, 2001 2 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 be removed from the Informal Calendar and placed on final reading and final passage at this time. Bill 2000 -121 was read third time by title and placed on final passage. Following a lengthy discussion, Bill 2000 -121 was passed by the following vote as Ordinance 13178: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: Blaney 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 Carol Blaney requested that Bill 2000 -125 be removed from the Informal Calendar and placed on final reading and final passage at this time. Councilman Cliff Olsen left the Council Chambers at this time. Bill 2000 -125 was read third time by title and placed on final passage. Following a lengthy discussion, Bill 2000 -125 was defeated by the following vote: Aye: Blaney, Landwehr, Nelson, Stella, and Weber Nay: Angle, Jackson, Vincent, and Vogel Absent during vote: Olsen The Council requested that Mayor Tom Rackers wait until Councilman Cliff Olsen returned to the Council Chambers to vote on Bill 2000 -125, at which time City Administrator Rich Mays and some Council Members left the Chambers to ask Councilman Olsen to return to vote. After it was apparent that Councilman Olsen would not be returning, Mayor Tom Rackers declared the bill defeated. 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 REGULAR COUNCIL MEETING APRIL 2, 2001 3 CONVEYANCE OF REAL PROPERTY WITH CONDITIONS. Councilman Charles Jackson requested that Bill 2000 -127 remain on the Informal Calendar at this time. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of March 19, 2001 City Council Meeting b. Bid No. 1935 - Street Marking Paint, Public Works Department A motion was made by Councilman Charles Jackson for approval of the Consent Agenda, motion was seconded by Councilman Steve Nelson and approved unanimously with Councilman Cliff Olsen being absent during the vote. 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. Corrected Minutes, Planning & Zoning Commission, February 8, 2001 b. February 2001 Finance Report c. Cable Quality Commission, February 15, 2001 d. Heinrichs Estate Report for 2000 ANNOUNCEMENTS BY TH E MAYOR Mayor Tom Rackers announced the following recent appointment he made to the Housing Authority: Dora Washington — Term 11 -2004 APPOINTMENTS BY THE MAYOR Mayor Tom Rackers recommended the following appointments to the Police Department: Police Telecommunication Operators: 1. Ms. Breeze McCracken REGULAR COUNCIL MEETING APRIL 2, 2001 4 2. Ms. Angela Whitehead 3. Ms. Stacy Worthington A motion was made by Councilman Carol Blaney for approval of the appointments as recommended, seconded by Councilman Steve Nelson and approved unanimously with Councilman Cliff Olsen being absent during the vote.. Mayor Tom Rackers recommended the following appointments to Boards and Commissions: Board Person Type Term Expires Term Length Board of Adjustment Rick Prather Alt 9 -2001 1 Tax Increment Finance Garry Taylor Reg 4 -2004 4 Library Karlene Diekroger Reg 3 -2001 3 Library Jim Nelson Reg 3 -2001 3 Planning & Zoning David Hagan Reg 5 -2001 4 Planning & Zoning Bob George Alt 5 -2001 4 Planning & Zoning Mike Berendzen Reg 5 -2001 4 A motion was made by Councilman Larry Vincent for approval of the appointments as recommended, seconded by Councilman Charles Jackson and approved unanimously, with Councilman Cliff Olsen being absent during the vote. BILLS INTRODUCED Bill 2000 -139, sponsored by Councilmen Vincent and Blaney, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE NECESSARY DOCUMENTS TO ENTER INTO THE FEDERAL AVIATION ADMINISTRATION TOWER CONTRACT PROGRAM. Councilman Cliff Olsen returned to the Council Chambers during introduction of Bill 2000 -139. Bill 2000 -140, sponsored by Councilman Vincent, entitled: REGULAR COUNCIL MEETING APRIL 2, 2001 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MODERN INTERIORS, INC., FOR CEILING TILE AT THE JEFFERSON CITY POLICE DEPARTMENT. Bill 2000 -141, sponsored by Councilman Vincent, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY CONVENTION AND VISITORS BUREAU, INC. BILLS PENDING 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 -132 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13174: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: None 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 -133 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13175: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: None 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 REGULAR COUNCIL MEETING APRIL 2, 2001 6 REZONING THE END PORTIONS OF 1425 SUNSET LAKE ROAD FROM RS -2, SINGLE FAMILY RESIDENTIAL TO RA -1, MULTIPLE FAMILY RESIDENTIAL. Councilman John Landwehr stated that, at the request of the property owners, he was placing Bill 2000 -134 on the Informal Calendar at this time. 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 -135 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13176: Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: None 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 -136 was read third time by title, placed on final passage and passed by the following vote as Ordinance 13177: Aye: Angle, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: Blaney 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 once again 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. Following a lengthy discussion, Councilman Clyde Angle requested that Bill 2000 -138 be placed on the Informal Calendar at this time. REGULAR COUNCIL MEETING APRIL 2, 2001 NEW BUSINESS 7 Councilman Larry Vincent made comments regarding the Sr. Nutrition Center, and asked staff to look into a way that the City could contract or help that organization in some way with a current emergency situation. Councilman John Landwehr asked questions of Finance Director Steve Schlueter regarding cell phone bills which now include a "Wireless License Tax." Mr. Schlueter stated that the City, by Code, is authorized to collect 7% from the telecommunication providers and this is the way those providers are passing that cost on to their customers. Councilman Carol Blaney announced a task force meeting for pedestrian and bicycle issues on Wednesday, April 4, 7:00 PM in the City Hall upper level conference room. RECONSIDERATION OF DEFEATED BIL Councilman Larry Vincent made the following motion: "As a voting member of the prevailing side of Bill 2000 -125, I move that Bill 2000 -125 be reconsidered at this time." The motion was seconded by Councilman Bob Weber, and approved by the following roll -call vote: Aye: Blaney, Landwehr, Nelson, Stella, Vincent, and Weber, Nay: Angle, Jackson, Olsen, and Vogel Councilman Cliff Olsen left the Council Chambers at this time. Bill 2000 -125, which was defeated earlier in the meeting, was reconsidered at this time and passed by the following vote as Ordinance 13179: Aye: Blaney, Landwehr, Nelson, Stella, Vincent, and Weber Nay: Angle, Jackson, and Vogel Absent during vote: Olsen Councilman Cliff Olsen returned to the Council Chambers at this time. 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. REGULAR COUNCIL MEETING APRIL 2, 2001 8 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. GO INTO CLOSED SESSION Mayor Tom Rackers stated that, pursuant to Sec. 610.021(3) of the Revised Statutes of Missouri, he would entertain a motion for the Council to go into Closed Session to discuss personnel issues. The motion was made by Councilman Carol Blaney to approve going into the Closed Session, to be held in the Conference Room across the hall from the City Council Chambers, seconded by Councilman Bob Weber, and approved by the following roll -call vote at 7:25 P.M. Aye: Angle, Blaney, Jackson, Landwehr, Nelson, Olsen, Stella, Vincent, Vogel and Weber Nay: None