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Home My Public Portal About20060306REGULAR COUNCIL MEETING MARCH 6, 2006 CALL TO ORDER 1 The Regular Council Meeting of March 6, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Cindy Layton, followed by the Pledge of Allegiance. Mayor John Landwehr welcomed members of Boy Scout Troop 1 from United Methodist Church who were present. Mayor Landwehr introduced, and welcomed, the new City Administrator, Steve Rasmussen who is attending his first Council Meeting in his official capacity tonight. ROLL CALL 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. 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. Task Force on Neighborhood Improvement, February 7, 2006 b. CAMPO Board of Directors, December 28, 2005 c. Public Works & Planning Committee, January 13 & January 19, 2006 d. Plumbing Board of Review & Examiners, December 7, 2005 e. January 2006 Finance Reports d. Human Relations Commission, January 10, 2006 COUNCIL LIAISON REPORTS There were no liaison reports given at this time. REGULAR COUNCIL MEETING MARCH 6, 2006 ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS 2 Community Development Director Pat Sullivan made an announcement with information about how to purchase the Veteran's Plaza memorial bricks which will be built in the near future. Mayor John Landwehr announced he was going to ask MU to reschedule "Jefferson City Day" at Mizzou which was scheduled on the same day as a City Council meeting. APPOINTMENTS BY THE MAYOR There were no appointments made at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Jason Turner, Jefferson City Fire Department, made a presentation regarding how blasting permits are issued in the City, and how that blasting is regulated by the City's blasting policy ordinance. He answered questions asked by the Council. PRESENTATIONS FROM THE GALLERY Clyde Angle, 3618 W. Gordon Drive, made a presentation in which he asked the City to adopt a resolution regarding the unsafe conditions of the Cole County Jail for city prisoners. He suggested the City transport its inmates to other counties which would have safer facilities. He answered questions asked by the Council and distributed a copy of his written statements. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown asked questions about what it would cost to transport inmates to other counties. Mayor John Landwehr asked City Administrator Steve Rasmussen and staff to get that information together, as well as what the city does when there is no room for its prisoners who are sent to the jail. He asked that the report include any other logistics problems related to the same issue. Councilman Dean Martin asked to see if there are some other options than incarceration jail time is sentenced, such as electronic ankle bracelets or house arrest. REGULAR COUNCIL MEETING MARCH 6, 2006 CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: February 17 Brown Bag, February 20 Pre - Meeting and Regular Meeting Change Order No. 2 to Belmont / Boonville, Bagnall, & Erhardt Sanitary Sewer Extensions, and Brooks Street Sewer & Stormwater Replacement 3 A motion was made by Councilman Edith Vogel for approval of the Consent Agenda as presented, seconded by Councilman Jonathon Schnitzler, and approved unanimously BILLS INTRODUCED Bill 2005 -155, sponsored by Councilman Brown, 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 FROM RD TWO- FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, A PORTION OF SCHEPKER FARM DEVELOPMENT, LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD, APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -156, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR A PORTION OF THE SCHEPKER FARM DEVELOPMENT LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD; APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -157, sponsored by Councilman Brown, 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 FROM RA -2 MULTI - FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL, THE PROPERTY ADDRESSED AS 603 ELLIS BOULEVARD, LOCATED REGULAR COUNCIL MEETING MARCH 6, 2006 4 IN SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Councilman Cindy Layton mentioned a problem she has noticed regarding traffic in the area of the YMCA. She stated when someone is in the left turn lane to turn into the YMCA, and someone coming the opposite direction also needs to get in the left turn to enter the shopping center that it creates a dangerous situation. She asked if there is anything that could be done to prevent that situation. Bill 2005 -158, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS TEXT, CHAPTER 33, SUBDIVISION CODE TEXT AND CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. Mayor John Landwehr asked City Counselor Nathan Nickolaus to consider changing the word "shall" to "may" to allow the Council some discretion when making decisions on this issue. Councilman Kevin Brown asked if the Home Builders Association has been made aware of this ordinance. Staff said they had, but that they would contact them to remind them that the issue is before the Council in case they have any further input. Bill 2005 -159, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH COLE COUNTY SPECIAL SERVICES FOR TRANSPORTATION FOR THE DEVELOPMENTALLY DISABLED. *Bills 2005 -160 and 2005 -161 were withdrawn by Council before introduction at the March 3, 2006, Brown Bag work session. Bill 2005 -162, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2005 -2006 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Mayor John Landwehr stated he wanted staff to watch for properties with tax liens in case the city would want to bid for them at the tax sale so they could eventually be returned to the tax rolls. REGULAR COUNCIL MEETING MARCH 6, 2006 5 Bill 2005 -163, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH UNILEVER, INC. Councilman Bryan Pope stated he did not receive "Appendix A" which was referenced in the ordinance. He also had further questions, which City Counselor Nathan Nickolaus answered. BILLS PENDING Bill 2005 -147, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN ENTERPRISES LLC FOR MYRTLE AVENUE AND STADIUM BOULEVARD SIDEWALKS. Bill 2005 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14013: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -148, sponsored by Councilman Martin, 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 AND DELETION OF PORTIONS OF MYRTLE AVENUE. Bill 2005 -148 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14014: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -149, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HORNER & SHIFRIN, INC. FOR THE HAYSELTON PUMP STATION PROJECT. REGULAR COUNCIL MEETING MARCH 6, 2006 6 Bill 2005 -149 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14015: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -150, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIDWEST ATC SERVICES, INC., FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -150 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14016: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -151, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2005 TO JANUARY 31, 2006. Bill 2005 -151 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14017: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -152, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF FEBRUARY 1, 2006 TO SEPTEMBER 30, 2006. Bill 2005 -152 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING MARCH 6, 2006 7 following roll -call vote as Ordinance 14018: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -154, 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 MISSOURI RIVER BLUFF LLC. Bill 2005 -154 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14019: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None INFORMAL CALENDAR Bill 2005 -139, sponsored by Councilmen Brown & Pope, 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 FROM C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY ADDRESSED AS 2017 WILLIAM STREET, LOCATED APPROXIMATELY 450 FEET WEST OF DIX ROAD AND IS PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Councilman Brown requested that Bill 2005 -139 remain on the Informal Calendar at this time. RESOLUTIONS RS2005 -16 Authorizing City Administrator as a Signatory on City Financial Documents (Brown) A motion was made by Councilman Kevin Brown for adoption of RS2005 -16 as presented, seconded by Councilman Bryan Pope, and approved unanimously. REGULAR COUNCIL MEETING MARCH 6, 2006 8 RS2005 -17 Authorizing City Administrator as a Signatory on Workers' Compensation Claim Documents (Brown). Councilman Kevin Brown had questions about how the signatures are authorized and who has authority to issue checks. Gail Strope and Steve Schlueter answered his questions. Following a brief discussion, Councilman Brian Crane made a motion to adopt the Substitute Resolution RS2005 -17 which was distributed prior to the meeting, seconded by Councilman Mike Harvey, and approved with Councilman Kevin Brown voting "Nay." SCHEDULED REPORTS No reports were scheduled to be given at this time. NEW BUSINESS Councilman Kevin Brown stated that there is a traffic problem near Cedar Hill school when parents are picking up and dropping off their children and asked staff to look into it. Councilman Kevin Brown made comments regarding community policing of speeding in the area behind the Krieger and Krieger building on Southwest Boulevard. He stated citizens have stated there is a higher rate of speeding on those streets. Staff was asked to look into the situation and get the information to the Council. Councilman Bryan Pope asked Assistant to the City Administrator Melva Fast and City Planner Janice McMillan to check the property at 211 West McCarty Street, back and front. Mayor John Landwehr mentioned that the train volunteer committee has asked for additional volunteers to replace some that have had to leave. Anyone interested in serving on that committee which welcomes incoming trains can contact Bill and Judy Towson, or call City Hall, to indicate their interest in serving. UNFINISH ED BUSINESS There was no unfinished business brought before the Council at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the REGULAR COUNCIL MEETING MARCH 6, 2006 9 following: a. Real Estate [Sec. 610.021.(2)] b. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 7:25 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None