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Home My Public Portal About20051003REGULAR COUNCIL MEETING OCTOBER 3, 2005 CALL TO ORDER 1 The Regular Council Meeting of October 3, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: None A quorum was declared present. PUBLIC HEARINGS a) Special Exception Use Permit for Target Expansion to Superstore at 735 W. Stadium Blvd. City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed special exception use permit. Following staff testimony, the following persons came forward to speak on the issue. In favor: Mr. Jason Combs of Woolpert Inc., 343 Fountains Parkway, Suite 100, Fairview Heights, IL, made a presentation on behalf of the applicant, Target. He answered questions asked by the Council about the project. No one came forward to speak in opposition to the special exception use permit. MayorJohn Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the vote on the associated pending bill 2005 -79, as well as 2005 -80 since it is related as well. REGULAR COUNCIL MEETING OCTOBER 3, 2005 2 Bill 2005 -79, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR EXPANSION OF THE RETAIL DEPARTMENT STORE INTO A SUPERSTORE /BIG BOX RETAIL DEVELOPMENT FOR 13.4 ACRES OF LAND LOCATED AT 735 WEST STADIUM BOULEVARD, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -79 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13946: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -80, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH TARGET, INC.. Bill 2005- was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13947: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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, August 24, 2005 b. CAMPO 3rd Quarter Report c. Finance Committee, August 29, 2005 d. Human Relations Commission, 3 -9, 5 -20, 9 -14, 11 -9 in 2004; and 2 -8, 3 -8, 5- 10, 6 -14, 7 -12, and 8 -9 in 2005 e. Housing Authority Board of Commissioners, August 23, 2005 f. CAMPO 2006 Unified Planning Work Program for Jefferson City Metropolitan REGULAR COUNCIL MEETING OCTOBER 3, 2005 3 Region COUNCIL LIAISON REPORTS No liaison reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Kevin Brown announced a Finance Committee meeting will be held Monday, October 24, at 6:00 P.M. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced he would entertain a motion to approve the following recommended appointments to city boards and commissions, with the exception of third - term re- appointments. He indicated that, by city regulations, all third -term reappointments have to be approved by a two - thirds majority. The appointments were as follow: Board Person Type Ward Term Expires Term Status EQC William Jackson Nov 2007 partial Trans & Traffic Ray Bledsoe June 2008 1" full term Trans & Traffic Greg Hayes June 2008 full Parks Jane Smith May 2008 1" full term Parks Gene Bushman May 2008 2"d full term Parks Karl Staub May 2008 2 "d full term Parks Michael Couty May 2007 partial Planning and Zoning Mike Berendzen — third term May 2009 3`d full term Planning and Zoning Dave Hagan — third term May 2009 3`d full term Planning and Zoning Bob George — Alternate member May 2009 2 "d full term Submarine Committee Denny Bannister June 2008 1st full term Human Relations Comm Mauricio Vargas Oct 2005 partial Human Relations Comm Mary Simmons Oct 2006 partial Plumbing Board Jerry Rosslan Dec 2005 partial Board of Adjustment Kevin Meinhardt Sept 2010 2 "d full term Board of Adjustment Dan Klindt — Alternate Member Sept 2006 1" full term REGULAR COUNCIL MEETING OCTOBER 3, 2005 4 Board of Adjustment Richard Rolsing — Alternate Member Sept 2006 1" full term Board of Adjustment Chuck McPheeters — Alternate Member Sept 2006 3`d full term A motion was made by Councilman Michael Berry to approve all appointments with the exception of the third -term appointees, seconded by Councilman Kevin Brown, and approved unanimously. Third -tem appointments: A motion was made by Councilman Dean Martin to approve the three third -term appointments, seconded by Councilman Michael Berry, and approved unanimously by the following roll -call vote: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: None Mayor John Landwehr asked Councilman Edith Vogel to make an announcement about vacancies on city boards and commissions. Councilman Vogel announced which boards and commissions had, orwill soon have, vacancies, and urged interested citizens to contact city hall to indicate their interest in serving on any of those. Mayor John Landwehr announced that he is appointing the following persons to the City Administrator Search Committee: Former Councilman Charles W. Jackson Bert Kimbel Councilman Dean Martin Councilman Edith Vogel John Pelzer Mike Shimmens Human Resources Director Gail Strope Mayor Landwehr also announced that several people have indicated they wish to serve on the Building Appearance Committee, and that he has also asked a couple of others who have not responded yet. He indicated that Councilman Cindy Layton has volunteered to be the Council representative on the committee and she will coordinate setting up a meeting. Those persons who have already signed up to serve, and will be recommended for appointment, are as follow: Former Councilman Carol Blaney Cathy Bordner Kas Mahfood Ron Brown REGULAR COUNCIL MEETING OCTOBER 3, 2005 5 Nicky Courtney Ron Lehman Councilman Cindy Layton He stated he is also requesting that Assistant to the City Administrator Melva Fast and City Planner Janice McMillan to be the staff liaisons. He asked the City Clerk to place on the agenda 60 days from now to receive a report on the progress of the committee. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Mary Winter, Jefferson City Helps, gave the Council and citizens a status report on the progress of relief to the city of Waveland, Mississippi in the wake of Hurricane Katrina. She stated there will be another collection of donated good which can be dropped off at the Coca -Cola building on Sunday, October 9, from 11:00 A.M. to 1:00 P.M., and that people can see the list of needed items at the organizations website at www.jeffcityhelps.org. PRESENTATIONS FROM THE GALLERY Ms. Susan Green made a presentation regarding the National Incident Management System (NIMS) resolution which is on the agenda for approval tonight. She explained why that it is important for cities to be in compliance with NIMS for homeland security, disaster recovery, and federal funding for any emergency management in the future. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown also made comments regarding the NIMS presentation explaining that future federal funding will be given to those cities with the highest percentage of NIMS training. Mayor John Landwehr stated the Council will now consider Resolution RS2005 -7 since it is related to the presentation which was just made. RS2005 -7 Designating National Incident Management Systems (NIMS) as Basis for all Incident Management in the City of Jefferson (Brown). A motion was made by Councilman Kevin Brown for adoption of RS2005 -7 as presented, seconded by Councilman Mike Harvey, and approved unanimously. CONSENT AGENDA REGULAR COUNCIL MEETING OCTOBER 3, 2005 6 The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: Sept. 16 Brown Bag, September 19 Pre - Meeting and Regular Meeting (RENEWAL) Agreement with United Healthcare for Group Health Insurance - Human Resources Dept. c. Designation of Employer Representative to LAGERS Annual Meeting - Charles Lansford A motion was made by Councilman Michael Berry to approve the Consent Agenda as presented, seconded by Councilman Cindy Layton, and approved unanimously. BIDS OVER $25,000 The following bid was presented to the Council for approval: a. Bid 2218 - Portable Radios, Police Dept. A motion was made by Councilman Kevin Brown to approve the bid as presented, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2005 -83, sponsored by Councilmen Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE 2005 ELECTION FILING PERIOD, AND ESTABLISHING THE 2006 PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -84, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA 14.69 ACRE TRACT ADDRESSED AS 1414 WEST MAIN STREET, LOCATED ON PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -85, 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 NORTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, REGULAR COUNCIL MEETING OCTOBER 3, 2005 7 MISSOURI, LOCATED IN SECTION 28, IN TOWNSHIP 45 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 -86, 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 SOUTHERLY 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 -87, 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 SOUTHERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 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 -88, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT #2. Bill 2005 -89, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE III OF THE CODE PERTAINING TO TRANSIT CHARTERS AND SPECIAL ROUTES. Bill 2005 -90, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH REGULAR COUNCIL MEETING OCTOBER 3, 2005 8 STADIUM WEST PROPERTIES, LLC. Bill 2005 -91, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOTS 3, 4, AND 5 OF CC WEST SUBDIVISION, SECTION 2. Bill 2005 -92, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 13783. Bill 2005 -93, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UNIMERICA GROUP LIFE INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF JEFFERSON. Bill 2005 -94, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZINGSEWERAGE SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS (STATE REVOLVING FUND PROGRAM) SERIES 2005C. A motion was made by Councilman Cindy Layton to accept the Substitute Bill 2005 -94 which was distributed to the Council previous to this meeting, seconded by Councilman Kevin Brown, and approved unanimously. Wastewater Division Director Eric Seaman stated that Mr. Jack Dillingham will be at the October 17 Council Meeting to make a presentation and answer any questions of the Council on this issue. The City Clerk was asked to place Mr. Dillingham on the October 17 agenda as in invited guest. BILLS PENDING Bill 2005 -72, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ON LOT B OF THE REPLAT OF FOX RIDGE SUBDIVISION. Bill 2005- was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13940: REGULAR COUNCIL MEETING OCTOBER 3, 2005 9 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -73, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS FOR RELOCATION OF A 6" WATER MAIN TO ACCOMMODATE THE WEHMEYER ROAD CONSTRUCTION. Bill 2005 -73 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13941: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -74, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING SUPPLEMENTAL APPROPRIATION FUNDS, AMENDING THE 2004 -2005 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2005 -74 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13942: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -75, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF EAST MCCARTY STREET. Bill 2005 -75 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13943: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING OCTOBER 3, 2005 10 Bill 2005 -76, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON A PORTION OF SOUTH COUNTRY CLUB DRIVE. Bill 2005 -13944 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13944: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -77, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -77 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13945: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -78, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF THE STREET NOW KNOWN AS IKON DRIVE TO MODERN DRIVE. Councilman Kevin Brown requested that Bill 2005 -78 be placed on the Informal Calendar at this time to allow time to fulfill public notice requirements. Bills 2005 -79 and 2005 -80 were passed earlier in the meeting. Bill 2005 -81, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF REGULAR COUNCIL MEETING OCTOBER 3, 2005 11 OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2005 -81 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13948: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -82, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2005 -82 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13949: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None INFORMAL CALENDAR 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. Councilman Kevin Brown requested that Bill 2005 -61 be removed from the Informal Calendar and placed on final passage at this time. Bill 2005 -61 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept Substitute Bill 2005 -6 which was previously distributed to the Council, seconded by Councilman Jonathon Schnitzler, and approved unanimously. Bill 2005 -61 was then passed, as substituted, by the following roll -call vote as Ordinance 13950: REGULAR COUNCIL MEETING OCTOBER 3, 2005 12 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None RESOLUTIONS Resolution RS2005 -7 was adopted earlier in the meeting. Resolution RS2005 -8 Accepting Voluntary Benefit Plans Through Colonial Life Insurance for Supplemental Insurance Benefits (Brown) SCHEDULED REPORTS A report was given by City Counselor Nathan Nickolaus regarding staff's recommendations and findings regarding code enforcement issues, which included 17 specific observations and /or recommendations. Several questions were asked by the Council regarding some of the items contained in Mr. Nicklaus's report. NEW BUSINESS Councilman Dean Martin stated that the next Public Works and Planning Committee will be held Tuesday, October 18, at 5:30 P.M. UNFINISHED BUSIN ESS There was no Unfinished Business brought forward at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, he would entertain a motion for the Council to go into Closed Session to discuss the following: a. Real Estate [Sec. 610.021.(2)] b. Personnel [Sec. 610.021(3)] REGULAR COUNCIL MEETING OCTOBER 3, 2005 13 A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Jonathon Schnitzler, and approved unanimously by the following roll -call vote at 7:20 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None