HomeMy Public PortalAbout20060807REGULAR COUNCIL MEETING AUGUST 7, 2006 1
CALL TO ORDER
The Regular Council Meeting of August 7, 2006, 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, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Absent: Ferguson
A quorum was declared present.
PUBLIC HEARINGS
Voluntary Annexation and Zoning Plan for 5.41 Acres to be Platted as Madeline's Park
North Subdivision, Section One -A presentation was made on behalf of staff by City Planner
Janice McMillan.
Following the staff presentation, no on requested to speak in favor of, or in opposition to,
the proposed voluntary annexation.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and
announced the Council would now take up the associated legislation, both Bills 2006 -36 and
2006 -37.
Bill 2006 -36, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING
NORTH OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI,
LOCATED IN SECTION 33, 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.
REGULAR COUNCIL MEETING AUGUST 7, 2006 2
Bill 2006 -36 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14070:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -37, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF MADELINE'S PARK NORTH SUBDIVISION, SECTION
ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2006 -37 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14071:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
MINUTES AND REPORTS RECEIVED AND Fl ED
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.
b.
Economic Development Advisory Board, June 7, 2006
Planning & Zoning Commission, June 8, 2006
c. Housing Authority Board of Commissioners, May 24 and June 1, 2006
d. June 2006 Finance Report
e. Public Works & Planning Committee, June 22, 2006
f. CVB Minutes and Reports for June, 2006 (available for review in City
Clerk's Office)
COUNCIL LIAISON REPORTS
Councilman Edith Vogel stated that there will be vacancies coming up soon in the Board of
Adjustment, Convention & Visitors Bureau, Environmental Quality Commission, Housing
Authority, and the Human Relations Commission. She urged citizens interested in serving
on any of those boards or commissions to submit the Volunteer Profile Form indicating their
interest so they may be considered.
REGULAR COUNCIL MEETING AUGUST 7, 2006 3
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
Councilman Mike Harvey announced that a Conference and Convention Center Committee
will meet on Tuesday, August 15, at 5:30 P.M.
Mayor John Landwehr reminded everyone that tomorrow is election day and urged everyone
to exercise their right to vote.
APPOINTMENTS BY THE MAYOR
There were no appointments recommended at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Gilbert Cole, Missouri American Water, gave the Council a status report on the water
company's system in the City. He stated that the system is currently at 88% capacity.
Following his presentation, Councilman Mike Harvey asked how many gallons get
backwashed out of the system during peak usage. Councilman Brown stated he would like
to call someone regarding the treatment issue. Mr. Cole stated that the person who could
answer that is Mr. Greg Weeks, his supervisor, and that he would provide contact
information to the Council to contact Mr. Weeks.
Mr. Rick Graham, Allied Waste, referred to the fact sheet which had been previously
distributed to the Council. He answered questions asked by the Council.
Mr. Mike Berendzen, Chairman of the Planning and Zoning Commission, gave the final
report of the Taskforce on Neighborhood Improvement. Following his report, he answered
several questions asked by the Council. Mayor John Landwehr asked City Counselor
Nathan Nickolaus to let the Council know if the existing conservation district would need to
be grandfathered in.
Parks & Recreation Director Bill Lockwood made a presentation giving some details of
a lifesaving incident which occurred recently at the Memorial pool. He commended the staff
which had performed meritoriously to save the life of a young man.
PRESENTATIONS FROM THE GALLERY
There were no presentations made at this time.
REGULAR COUNCIL MEETING AUGUST 7, 2006 4
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Kevin Brown made comments regarding Mr. Cole's presentation. He asked staff
to make a report on the status of the city's water system. Fire Chief Robert Rennick made
a report on the various water districts in response to Councilman Brown's request. City
Counselor Nathan Nickolaus stated the City is looking at what our options are in making
improvements to the situation.
CONSENT AGENDA
The following items were brought before the Council for approval by Consent at this time.
Mayor John Landwehr stated that Councilman Pope had requested individual consideration
of items (b) and (c).
a. Minutes of July 14 and July 17 City Council Meetings
b. Authorizing Extension of JCTV Agreement with Lincoln University
c. RENEWAL (Year 2) - Contract with Rackers Consulting, Inc., for Lobbyist Services
d. Approving Appointment of City Planner Janice McMillan to Regional Planning
Commission
Mayor John Landwehr stated that he had conferred with Ms. McMillan regarding the
appointment to the Regional Planning Commission, and indicated he would like to appoint
City Administrator Steve Rasmussen as the member, with Ms. McMillan as the alternate, as
other cities in our region have done. He stated Ms. McMillan agreed that would be a good
idea. He asked the Council to consider approving Item (d) with that amendment.
Councilman Bryan Pope stated he wished to remove item (b) for individual consideration.
Items (a), (c), and (d): A motion was made by Councilman Brian Crane to approve these
three items, with item (d) amended to appoint City Administrator Steve Rasmussen as the
appointee, and City Planner Janice McMillan as the alternate appointee. The motion was
seconded by Councilman Dean Martin, and approved unanimously.
Item (b): Councilman Bryan Pope stated he hoped that progress was being made towards
improving the reception and quality of programming by JCTV, and that he just wanted to
make sure JCTV knows the Council is taking note of those issues. Following the discussion,
a motion was made by Councilman Brian Crane to approve item (b), seconded by
Councilman Dean Martin, and approved by the following roll -call vote:
Aye: Berry, Crane, Harvey, Layton, Martin, and Vogel
Nay: Brown and Pope
BILLS INTRODUCED
REGULAR COUNCIL MEETING AUGUST 7, 2006 5
Bill 2006 -32, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VOYAGER FLEET
CARD SYSTEMS FOR FUEL PURCHASE CARDS.
Bill 2006 -39, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF SMITH PLACE ADDITION, SECTION FIVE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2006 -40, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY TO BE ADDRESSED AS 3211
SMITH PLACE; LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER,
SECTION 3, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, MISSOURI.
Bill 2006 -41, 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 M -2 GENERAL INDUSTRIAL TO C -2 GENERAL
COMMERCIAL, 1.24 ACRES OF LAND LOCATED AT 227 METRO DRIVE, CONSISTING OF LOT
18, BAX'S COMMERCIAL PROPERTY, SECTION II, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2006 -42, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN
AMENDMENT FOR PROPERTY ADDRESSED AS 4935 OLD LOHMAN ROAD; LOCATED
IN PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 44, RANGE 12, JEFFERSON CITY, MISSOURI.
Bill 2006 -43, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35,
ZONING CODE TEXT PERTAINING TO THE ESTABLISHMENT OF NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICTS.
REGULAR COUNCIL MEETING AUGUST 7, 2006 6
Bill 2006 -44, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF
PROVIDING ADDITIONAL SURVEY SERVICES REQUIRED TO IMPLEMENT A NEW
INSTRUMENT APPROACH PROCEDURE AT THE JEFFERSON CITY MEMORIAL
AIRPORT.
Bill 2006 -45, 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, TRANSIT FUND, FIREMEN PENSION
RETIREMENT FUND AND THE WATER FUND.
Councilman Brian Crane suggested looking into vehicles that consume less fuel.
Councilman Bryan Pope agreed with Councilman Crane, and he asked for a report on what
the city is doing to conserve fuel.
Bill 2006 -46, 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 ROGER
AND IRMA VERSLUES FOR THE GREEN MEADOW PUMP STATION SITE.
Bill 2006 -47, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KCI CONSTRUCTION,
INC. FOR CONSTRUCTION OF THE GREEN MEADOW PUMP STATION .
Bill 2006 -48, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES FOR
CONSTRUCTION OF THE CDBG PUBLIC IMPROVEMENTS PROJECT ON CHESTNUT
STREET AND CAPITOL AVENUE.
Councilman Dean Martin requested suspension of the rules so the contractor can have an
extra two weeks to work on this project before winter weather. Councilman Kevin Brown
stated he does not feel this is reason enough to justify suspending the rules, and suggested
some other factors caused this to be getting started later than necessary. Following further
discussion, Councilman Kevin Brown objected to the request for suspension of the rules.
There were no other objections to the request to suspend the rules. Councilman Michael
REGULAR COUNCIL MEETING AUGUST 7, 2006 7
Berry stated he will recuse himself from voting on this issue because he has recently asked
this firm about doing some work for him.
Bill 2006 -48 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14073:
Aye: Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Abstain: Berry
Bill 2006 -49, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS
EXCAVATING FOR THE CONSTRUCTION OF THE FROG HOLLOW DETENTION BASIN.
Bill 2006 -50, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH ALLIED SERVICES, L.L.C., DBA MID -STATE
WASTE, FOR SOLID WASTE COLLECTION AND DISPOSAL.
Bill 2006 -51, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
COUNSELOR TO COMMENCE CONDEMNATION PROCEEDINGS.
BILLS PENDING
Bill 2006 -29, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EVERS AND
COMPANY FOR AUDITING SERVICES.
Bill 2006 -29 was read third time by title and placed on final passage. Councilman Michael
Berry made a motion to amend the bill to accept the bid of Williams- Keepers, LLC rather
than Evers and Company. The motion was seconded by Councilman Brian Crane, and
approved by the following roll -call vote:
Aye: Berry, Crane, Harvey, Pope, and Vogel
Nay: Brown, Layton, and Martin
REGULAR COUNCIL MEETING AUGUST 7, 2006 8
Bill 2006 -29, as amended, was then defeated by the following roll -call vote:
Aye: Berry, Crane, Harvey, Pope, and Vogel
Nay: Brown, Layton, and Martin
Bill 2006 -30, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROBINSON
CLEANERS FOR UNIFORM CLEANING.
Bill 2006 -30 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14065:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -31, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOKES ELECTRIC
CO. FOR ELECTRICAL SERVICES.
Bill 2006 -31 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14066:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -33, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT CAPITAL ASSISTANCE
GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION
COMMISSION.
Bill 2006 -33 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14067:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -34, sponsored by Councilman Ferguson, entitled:
REGULAR COUNCIL MEETING AUGUST 7, 2006 9
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT
AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION.
Bill 2006 -34 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14068:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -35, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF SCHELLRIDGE NORTH SUBDIVISION, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2006 -35 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14069:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
Bill 2006 -38, sponsored by Councilmen Pope and Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ARTICLE III,
OF THE CHARTER OF THE CITY OF JEFFERSON, SECTION 3.2 BY DELETING
SUBSECTION (D) PERTAINING TO TERM LIMITS FOR COUNCIL PERSONS.
Bill 2006 -38 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14072:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None
SCHEDULED REPORTS
The final report of the Taskforce On Neighborhood Improvement was made earlier in the
meeting by Mr. Mike Berendzen.
NEW BUSINESS
Approval of Cedar Hills Sidewalk Waiver -A lengthy discussion was held on this matter, and
REGULAR COUNCIL MEETING AUGUST 7, 2006 10
the Council had several questions which it asked staff to provide before voting on this
matter. At the conclusion of the discussion, a motion was made by Councilman Michael
Berry, seconded by Councilman Mike Harvey, to table this issue.
UNFINISH
ED BUSINESS
Authorizing Amendment to Ground Lease with Dr. Ned Hug - A motion was made by
Councilman Mike Harvey to approve the amendment, seconded by Councilman Edith Vogel,
and approved unanimously.
Staff indicated that the similar request made by Jefferson City Flying Services was
withdrawn by that applicant.
APPROVAL OF CLOSED SESSION MINUTES
July 17, 2006, closed session minutes - A motion was made by Councilman Edith Vogel for
approval of the minutes, seconded by Councilman Bryan Pope, and approved unanimously.
NOMINATION OF CANDIDATES FOR VACANT SECOND WARD COUNCIL SEAT
(a) Nomination of candidates:
Councilman Edith Vogel nominated Mr. Peter Oetting, seconded by Councilman Mike
Harvey.
Councilman Dean Martin nominated Mr. Richard Koon, seconded by Councilman Cindy
Layton.
A motion was made by Councilman Edith Vogel to close nominations at this time, seconded
by Councilman Mike Harvey, and approved unanimously.
(b) Schedule election date of nominees:
Following discussion, a motion was made by Councilman Edith Vogel, seconded by
Councilman Dean Martin, to schedule the election of the Ward Two Council Member at the
September 5, 2006, City Council meeting.
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 AUGUST 7, 2006 11
following:
a. Real Estate [Sec. 610.021.(2)]
b. Legal Actions [Sec. 610.021.(1)]
A motion was made by Councilman Edith Vogel to go into Closed Session, seconded by
Councilman Michael Berry, and approved unanimously by the following roll -call vote at 8:45
P.M.:
Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel
Nay: None