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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