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HomeMy Public PortalAbout20050906REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 1 CALL TO ORDER The Regular Council Meeting of September 6, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Brian Crane, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: Brown A quorum was declared present. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. CAMPO Board of Directors, February 23, 2005 b. Planning & Zoning Commission, July 14, 2005 c. Public Works & Planning Committee, July 21 and July 29, 2005 d. CVB Audit Report for December 31, 2004 and 2003 (bound report available for review in City Clerk's Office) e. Finance Committee, June 13 and August 22, 2005 COUNCIL LIAISON REPORTS No liaison reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 2 Mayor John Landwehr presented a proclamation to Mr. Chuck Weber and Ms. Darla Porter on behalf of the United Way campaign kickoff. Mr. Weber and Ms. Porter stated that this year's goal is $1.5 million. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Police Chief Roger Schroeder and Captain Mike Smith presented the following awards: Sgt. Chris Lindsey - Medal of Honor Officer Pat McCutchen - Medal of Valor Following the reading of the details of the acts for which the awardees are being recognized, Mayor John Landwehr presented Sgt. Lindsey and Officer McCutchen their respective medals and were both honored with a standing ovation from both the City Council and other members of the Jefferson City Police Department and local citizens. PRESENTATIONS FROM THE GALLERY Mr. Duane Schreimann, appearing on behalf of Rod and Keely Prohaska, made a presentation and distributed a handout regarding the reconsideration of Bill 2005 -46 which was defeated at the August 15 Council meeting. Following his presentation, questions were asked of Mrs. Prohaska by the Council regarding the proposed use of the property at issue. Dr. Jonathan Hanson, 807 Harvest Drive, made a presentation in favor of Bill 2005 -62 which pertains to the fluoridation of city water. He stated it is very important to the public health to continue to have our water fluoridated. Dr. Brian Conley, 2822 Foxdale, also made a presentation in favor of Bill 2005 -62. He gave statistics regarding the difference of health for children who have fluoridated water vs. those who do not. Ms. Virginia Rackers, 1928 E. McCarty Street, made a presentation to ask the Council to not reconsider bill 2005 -62 which was defeated by them on August 15. She is the property owner who resides in the private residence adjoining the property at issue. Ms. Diane Twehous, 825 Lomo Drive, spoke on behalf of her mother, Ms. Virginia Rackers, and asked the Council to please consider her mother's request to not reconsider the defeated bill. Ms. Linda Stokes, 609 Belmont Drive, also spoke on behalf of her mother, Ms. Virginia Rackers and asked the Council not to reconsider defeated bill 2005 -46. Mr. Heath Clarkston, 215 E. Capitol Avenue, made a presentation regarding building REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 3 regulations and zoning codes which have recently been discussed by citizens and the City Council. He distributed a handout, and indicated if a committee is formed to look into this issue that some members of his Home Builders Association would be willing to serve on that committee. Mr. Mike Harvey, 208 Cherokee, made a presentation regarding the possibility of using "Adopt -A- Family" to assist in the Hurricane Katrina relief efforts. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Several Council members asked questions of staff regarding the E. McCarty Street PUD plan which is on the agenda tonight for reconsideration. Mayor John Landwehr made comments regarding what the community has been doing to aid in the Hurricane Katrina Relief efforts. He encouraged citizens to donate cash as their number one method of lending support as those who actually go to the area may simply get in the way of the relief efforts rather than helping. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: August 12 Brown Bag, August 15 Pre - Meeting and Regular Meeting; August 29 Special Council Meeting b. Waiver of Special Tax Bill Mayor John Landwehr announced that the Council had previously requested that item (b) be held over for further consideration. Therefore, a motion was made by Councilman Edith Vogel for approval of Item (a) of the Consent Agenda as presented, seconded by Councilman Mike Harvey, and approved unanimously. Item (b) is held over. BILLS RECONSIDERED Councilman Mike Harvey stated that, as a member of the prevailing side in Bill 2005 -46, he wished to reconsider Bill 2005 -46, which was defeated at the August 15, 2005 by the following roll -call vote: Aye: Berry, Brown, Crane, Layton, and Schnitzler Nay: Ferguson, Harvey, Pope, and Vogel The request to reconsider was approved by the following roll -call vote: REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 4 Aye: Berry, Crane, Harvey, Layton, Martin, and Schnitzler Nay: Ferguson, Pope, and Vogel Bill 2005 -46, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR A 0.47 ACRE TRACT ADDRESSED AS 2002 EAST MCCARTY STREET, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -46 was then passed, as reconsidered, by the following roll -call vote, as Ordinance 13933: Aye: Berry, Crane, Harvey, Layton, Martin, and Schnitzler Nay: Ferguson, Pope, and Vogel BILLS INTRODUCED Bill 2005 -62, sponsored by Councilman Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 15 (HEALTH AND SANITATION), ARTICLE I (GENERALLY), SECTION 15 -1 (FLUORIDATION OF WATER SUPPLY) OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO REGULATION OF THE CITY'S WATER SUPPLY. Bill 2005 -65, sponsored by Councilmen Ferguson & Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION LLC FOR CDBG PROJECT ON PINE, CHESTNUT, AND E. HIGH STREETS. Councilman Kenneth Ferguson requested that the rules be suspended and Bill 2005 -65 be placed on final passage. There were no objections to the request for suspension of the rules. Bill 2005 -65 was then read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 13926: Aye: Berry, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Crane Councilman Bryan Pope stated that he would like to go back to Bill 2005 -62 at this time. He REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 5 indicated he was not aware that he had to request suspension of the rules, and had been under the impression that this bill was supposed to be voted on tonight. Mayor John Landwehr asked City Counselor Nathan Nickolaus to explain the suspension of rules process. Councilman Pope then asked if he requested suspension of the rules on Bill 2005 -62 if the Council would be agreeable. Councilmen Berry and Schnitzler both indicated they did not feel that it would be a good idea to suspend the rules when there had been no prior notice to the public or the media that the Council planned to do so. Councilman Pope stated he would not request suspension of the rules at this time based on their comments. Bill 2005 -66, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A GRANT BETWEEN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE JEFFERSON CITY HUMAN RELATIONS COMMISSION, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION. Bill 2005 -67, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SECTION 31 -6, GENERAL REQUIREMENTS, OF CHAPTER 31, STORM WATER MANAGEMENT BY ADDING SUBSECTION M AND SECTION 32 -9, ARTICLE I. GENERALLY, OF CHAPTER 32 STREETS AND SIDEWALKS. Councilman Cindy Layton requested that Bill 2005 -67 be withdrawn at this time. She stated it would be re- introduced at a future date and would welcome any input before that time. Bill 2005 -68, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 15 IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -69, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 6 THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -70, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTIONS 15 AND 11 IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -71, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT TO FURNISH JOINT COMMUNICATIONS SERVICES TO COLE COUNTY. BILLS PENDING Bill 2005 -56, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF LOCATING A FLIGHT DATA INPUT /OUTPUT CENTER IN THE AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -56 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13927: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -57, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY MAKING AVAILABLE FOR TRADE. REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 7 Bill 2005 -57 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13928: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -58, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEUMAYER EQUIPMENT CO., INC. FOR FUEL DISPENSING EQUIPMENT. Bill 2005 -58 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13929: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -59, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2005 -59 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13930: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -61, sponsored by Councilman Brown, 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, 2005, TO OCTOBER 31, 2006, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. In the absence of the bill's sponsor, a motion was made by Councilman Mike Harvey to place Bill 2005 -61 on the Informal Calendar, seconded by Councilman Jonathon Schnitzler, and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 8 Bill 2005 -63, sponsored by Councilman Schnitzler, 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 CHELLE LANE. Bill 2005 -63 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13931: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -64, sponsored by Councilman Schnitzler, 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 PORTIONS OF OREGON STREET AND PIKE STREET. Bill 2005 -64 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13932: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None RESOLUTIONS RS2005 -4 Endorsing Easter Seals Missouri, Inc. Neighborhood Assistance Program (Vogel) A motion was made by Councilman Edith Vogel for adoption of RS2005 -4, seconded by Councilman Mike Harvey, and approved unanimously. RS2005 -5 Declaring Intent to Annex Highway 179 Area and Directing Staff to prepare Plan of Intent and Other Related Documents (Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel) A motion was made by Councilman Jonathon Schnitzler for adoption of RS2005 -5, REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 9 seconded by Councilman Edith Vogel and approved unanimously. SCHEDULED REPORTS No reports were scheduled to be given at this time. NEW BUSINESS Mayor John Landwehr asked Fire Chief Robert Rennick to make a report on the request by FEMA for Jefferson City Firefighters to aid in the Hurricane Katrina relief efforts. Following Chief Rennick's report, and questions by the Council, a motion was made by Councilman Brian Crane to approve six (6) people 45 days of leave each, for a cost of $38,100, with the stipulation that City Administrator Rich Mays and Fire Chief Robert Rennick would authorize the expenditure as it relates to constant manning overtime. The motion was made by seconded by Councilman Bryan Pope and approved unanimously. Councilman Kenneth Ferguson stated that he would like to schedule a Finance Committee meeting to finalize the budget. Following a brief discussion, the Council agreed to set the meeting for Tuesday, September 20, at 5:30 P.M. Mayor John Landwehr discussed the interview and selection process for a new City Administrator following the resignation of City Administrator Rich Mays last week. He stated there will be a committee formed to interview and screen the applicants. UNFINISH ED BUSINESS There was no Unfinished Business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES August 15, 2005, Closed Session Minutes - A motion was made by Councilman Michael Berry for approval as presented, seconded by Councilman Cindy Layton, and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 10 GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council will go into Closed Session to discuss the following: a. Legal Actions [Sec. 610.021.(1)] b. Real Estate [Sec. 610.021.(2)] c. Personnel [Sec. 610.021(3)] A motion was made by Councilman Jonathon Schnitzler to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 8:20 P.M.: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None