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HomeMy Public PortalAbout20060501REGULAR COUNCIL MEETING MAY 1, 2006 CALL TO ORDER 1 The Regular Council Meeting of May 1, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Mike Harvey, 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. 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. Public Works & Planning Committee, March 17 and 23, 2006 b. Planning & Zoning Commission, March 9, 2006 c. Task Force on Neighborhood Improvement, March 28, 2006 d. March 2006 Finance Report e. Mary B. Heinrichs Estate 2005 Annual Report CVB March, 2006 Financial Report (large document on file in City Clerk's office for review) Mediacom 2005 Annual Report (bound format on file in City Clerk's office for review) Housing Authority Board of Commissioners, March 21, 2006 g. REGULAR COUNCIL MEETING MAY 1, 2006 ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS 2 Councilman Kevin Brown announced that a work session will be held at 5:30 P.M. tomorrow night, Tuesday, May 2, in the Boone - Bancroft room for the purpose of discussing budget priorities. Councilman Brian Crane announced that a JCTV Steering Committee meeting will be held tomorrow night as well at 5:30 P.M. in the lower level conference room. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced that he is recommending the following appointments to Council Committees, and liaisons to boards and commissions: STANDING COMMITTEES Committees of the Whole: Finance Committee: All Ten Council Members Public Works & Planning Committee: All Ten Council Members 1st two sets of five - member committees: Environmental Services Committee (5 members -1 from each Ward): Berry, Harvey, Pope, Schnitzler, Layton Appointments Review Committee (5 members - 1 from each Ward): Brown, Crane, Ferguson, Martin, Vogel 2nd two sets of five - member committees: Annexation & Growth Committee (5 members): Berry, Ferguson, Layton, Martin, and Schnitzler Conference / Convention Center Committee (5 members): Brown, Crane, Harvey, Pope, and Vogel COMMITTEES JCTV Steering Committee: Crane, Brown, and Harvey Ad Hoc Council Rules Committee: Crane, Brown, Harvey, Schnitzler, and one other REGULAR COUNCIL MEETING MAY 1, 2006 3 member to be named later COUNCIL LIAISONS TO CITY BOARDS & COMMISSIONS Capital Area Metropolitan Planning Organization (CAMPO): Ferguson, Crane, Harvey, and Vogel Convention & Visitor's Bureau (CVB): Layton Economic Development Advisory Board : Schnitzler Electrical & Plumbing Examiners & Review Boards: Harvey E -911 Committee: Brown Environmental Quality / Historic Preservation Commissions: Berry Human Relations Commission: Ferguson Industrial Authority & Tax Increment Finance: Harvey Lewis & Clark Task Force: Crane Parks & Recreation Commission: Vogel Site Development Review: Schnitzler Stormwater Advisory: Martin & Harvey (co- liaisons) Transportation & Traffic Commission: Schnitzler USS Jefferson City Submarine Committee: Pope PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mayor John Landwehr presented a Proclamation to the Gold Wing Riders Association, Motorcycle which declared May as Safety Awareness Month. Members of two motorcycle clubs were present, and a spokesperson for the Gold Wing Riders accepted the proclamation and thanked the Mayor on behalf of all motorcycle riders and reminded citizens to be alert as there are more and more motorcycles on the roads than ever. Mayor John Landwehr asked City Administrator Steve Rasmussen to explain the new seating arrangement in the Council chambers. Mr. Rasmussen explained that he had discussed with the Mayor and Council his request to be allowed to sit with other staff members instead of on the dais with the Mayor and City Clerk. He stated he believed he could be more effective if he could discuss issues as they arose with staff during the meetings. REGULAR COUNCIL MEETING MAY 1, 2006 PRESENTATIONS FROM THE GALLERY 4 Dr. Dick Dalton, 1311 Isom Drive, made a presentation regarding Wal -Mart. He distributed a handout which contained his comments as well as additional comments. He stated he believes that Wal -Marts have a negative impact on communities. Following his presentation, he answered questions asked by the Council. Mr. Michael Brownstein, 322 Ash, made a presentation regarding disorderly conduct and disturbing the peace in his neighborhood. Following his presentation, he answered questions asked by the Council. He felt there should be disorderly conduct laws in Missouri. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor John Landwehr asked City Administrator Steve Rasmussen and City Counselor Nathan Nickolaus to supply the Council a summary of the incidents described by Mr. Brownstein and asked Mr. Nickolaus for an analysis of the curfew law and what our ordinances allow for disturbing the peace and disorderly conduct. Councilman Dean Martin stated he agreed with Dr. Dalton's decision to shop only in local businesses. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time: Minutes of April 14 Brown Bag, April 17 Pre - meeting and Regular Council Meetings Bid 2121 (RENEWAL Year 3) - Uniform Rental, All City Moreauview Street Lights A motion was made by Councilman Kenneth Ferguson for approval of the items as presented, seconded by Councilman Michael Berry, and approved unanimously. BILLS INTRODUCED Bill 2006 -5, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR LOTS J AND K, SOUTHGATE SUBDIVISION, SECTION TWO, LOTS XX AND WW SOUTHGATE SUBDIVISION, SECTION SIX AND LOTS 20, 21 AND 22, SOUTHGATE SUBDIVISION, REPLAT OF REGULAR COUNCIL MEETING MAY 1, 2006 5 SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI, LOCATED IN THE 1200 BLOCK OF DUANE SWIFT PARKWAY. Bill 2006 -6, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR 3238 WEST TRUMAN BOULEVARD; LOCATED ON LOT 8, JULMAR SUBDIVISION, SECTION THREE, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -7, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR 824 WEATHERED ROCK ROAD; LOCATED ON LOTS 13AND 14, STONEHILL SUBDIVISION, SECTION THREE, JEFFERSON CITY, MISSOURI. Bill 2006 -8, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (R), (RESERVED PARKING AREAS), SUBPARAGRAPH (A)(2), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF MONROE STREET. Bill 2006 -9, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION LLC FOR SEWER REPLACEMENT IN VARIOUS LOCATIONS. Bill 2006 -10, sponsored by Councilman Brown, 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, THE CAPITAL IMPROVEMENT FUND AND PARKING FUND . Bill 2006 -11, sponsored by Councilmen Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING REGULAR COUNCIL MEETING MAY 1, 2006 6 SOUTHEASTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 22, IN TOWNSHIP 44, RANGE 11 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. Councilman Kevin Brown asked for an assessment of how well the current Wal -Mart has complied with the City's code. City PlannerJanice McMillan stated the current Wal- Martwas built before the City added big -box stores to its code. Councilman Brown stated he would like to have a more detailed assessment of the current facility. Councilman Kenneth Ferguson stated he would like to have information about how many employees will work at the new Wal -Mart, and the average salary that they will earn. Council asked some other questions which City Planner Janice McMillan stated she would ask the Wal -Mart corporation for and get to the Council. Councilman Michael Berry asked to see plans about the aesthetics to the interchange and referenced the one over Highway 40 in Chesterfield. He stated it would be nice if the Cityview interchange could have some similar features. Bill 2006 -12, sponsored by Councilman Layton, 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 RU RURAL USE TO C -2 GENERAL COMMERCIAL, 1.5 ACRES OF LAND TO BE ADDRESSED AS 401 CITY VIEW DRIVE, LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 50/63 AT THE TERMINUS OF CITY VIEW DRIVE AND IS PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2006 -13, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR CONSTRUCTION OF A SUPERSTORE/BIG BOX RETAIL DEVELOPMENT UPON 35.5 ACRES OF LAND TO BE ADDRESSED AS 401 CITY VIEW DRIVE, DESCRIBED AS PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -14, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN BY AN AMENDMENT NO. FIVE TO MAKE THE CHANGES DESCRIBED IN THE ATTACHED SUMMARY OF CHANGES TO COMPLY WITH CERTAIN FEDERAL INCOME TAX AND LABOR LAWS. BIL S PENDING REGULAR COUNCIL MEETING MAY 1, 2006 7 Bill 2006 -1, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING FOR GRANT REIMBURSEMENT FUNDING OF COSTS ASSOCIATED WITH A PAVEMENT MAINTENANCE PROGRAM AND OTHER PROFESSIONAL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT AND AMENDING THE 2005 -2006 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE AIRPORT FUND. Bill 2006 -1 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14038: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2006 -2, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HUFF SEALING CORPORATION FOR SEALCOAT, JOINT AND CRACK SEAL, PAVEMENT MARKINGS, AND GATE AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2006 -2 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14039: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Brown Bill 2006 -3, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND UNION PACIFIC RAILROAD FOR HIGHWAY /RAIL CROSSING SIGNAL IMPROVEMENTS AT BOLIVAR AND MCCARTY STREET. Bill 2006 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14040: REGULAR COUNCIL MEETING MAY 1, 2006 8 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None RESOLUTIONS There were no resolutions brought before the Council at this time. SCHEDULED REPORTS No reports were given at this time. NEW BUSINESS Councilman Kevin Brown asked about streets that have two different street name signs, specifically the Lorenzo Greene / Old Route B. City Planner Janice McMillan stated she will check to see if the mapping for those dual- signed streets are still named with the old street and get back to the Council. Councilman Brian Crane stated that he felt the Ad Hoc Council Rules Committee is still needed so that they can continue to look at the City Code and City Charter to make sure the City is following the rules established by those. He stated that Councilman Schnitzler has asked to also be appointed to that committee, but he would also like to have one other member, preferably from Ward Five, so that each ward is represented on the committee. Mayor John Landwehr stated he would recommend that the committee be appointed as follows at this time: Councilmen Crane, Brown, Harvey, Schnitzler, and one more member yet to be named. A motion was made by Councilman Michael Berry to approve the appointments as recommended, seconded by Councilman Jonathon Schnitzler and approved unanimously. UNFINISH ED BUSINESS There was no unfinished business brought before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES REGULAR COUNCIL MEETING MAY 1, 2006 9 April 20, 2006 Closed Session: Councilman Dean Martin stated he had annotated a correction on the minutes as they reached him. Mayor John Landwehr asked that the approval of these minutes be postponed to the May 15 meeting so that correction can be made. ADJOURN MENT There being no further business brought before the Council at this time, a motion was made by Councilman Bryan Pope, seconded by Councilman Dean Martin, and approved unanimously at 7:25 P.M.