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HomeMy Public PortalAbout20061016REGULAR COUNCIL MEETING OCTOBER 16, 2006 1 CALL TO ORDER The Regular Council Meeting of October 16, 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, Oetting, Pope, and Vogel Absent: None A quorum was declared present. Mayor John Landwehr explained that he will allow persons from the gallery to indicate that they wish to make a presentation tonight in order to eliminate spontaneous requests which occur while the Council meeting is in progress. Those indicating they wished to speak were added to the list to be called upon at the appropriate time during the meeting. MISCELLANEOUS AGENDA ITEMS Election of Ward Five Council Member - Dan Klindt was elected to fill the unexpired Ward Five Council seat by the following vote: Brenda Hancock: Berry Dan Klindt: Brown, Crane, Harvey, Oetting, Pope, and Vogel Sharon Mize: Ferguson Abstain: Layton Following the election, Mr. Klindt was sworn into office by City Clerk Phyllis Powell and assumed his seat on the Council. REGULAR COUNCIL MEETING OCTOBER 16, 2006 2 Council Attendance from this point in the meeting is recorded as follows: Present: Berry, Brown, Crane, Ferguson Harvey, Layton, Oetting, Pope, and Vogel Absent: None PUBLIC HEARINGS (a) Preliminary and Final PUD Plan for 1732 Elm Court - Janice McMillan made a presentation on behalf of staff giving background for the proposed PUD Plan. Following her presentation, the following persons requested to speak on the issue: In favor Mike Bates, 2500 E. McCarty Street, spoke on behalf of the developer, and offered to answer any questions about the project. No one requested to speak in opposition to the proposed PUD Plan. Mayor John Landwehrdeclared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2006 -67, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 1732 ELM COURT; CONSISTING OF PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, MISSOURI. Bill 2006 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14100: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt (b) Amendment to PUD Plan for 4935 Old Lohman Road - Janice McMillan made a presentation on behalf of staff giving background for the proposed PUD Plan. Following her presentation, the following persons requested to speak on the issue: REGULAR COUNCIL MEETING OCTOBER 16, 2006 3 In favor: Mary Krups, on behalf of applicant T- Mobile, made a presentation and referred to the documents which were distributed to the Council with their packet showing the coverage areas for the various heights of tower placement. No one present requested to speak in opposition to the proposed PUD plan. Mayor John Landwehrdeclared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2006 -68, 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 -68 was read third time by title and placed on final passage. Councilman Kevin Brown thanked the applicants for their efforts to comply with the City's requirement to check out every available option when seeking to place a cell tower within the City. Bill 2006 -68 was then passed by the following roll -call vote as Ordinance 14101: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt (c) Rezoning from RS -1, RA -2 and M -1 to PUD and Associated Comprehensive Plan Amendment and Preliminary PUD Plan for 631 E. State Street - Janice McMillan made a presentation on behalf of staff giving background for the proposed rezoning. Following her presentation, the following persons requested to speak on the issue: In favor: Charlie Brzuchalski, 2534 Orchard Lane, on behalf of the State Office of Administration and the Prison Redevelopment Commission, made a presentation with several visual drawings showing the proposed locations of various facilities within the Prison Redevelopment area. He stated that the purpose for the requested rezoning was to have the appropriate zoning in place which will, in turn, make it possible for private business enterprises to locate and operate in that area. Following his presentation, he answered several questions. No one present requested to speak in opposition to the proposed rezoning. REGULAR COUNCIL MEETING OCTOBER 16, 2006 4 Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2006 -69, 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 RS -1 LOW DENSITY RESIDENTIAL, RA -2 MULTIPLE FAMILY RESIDENTIAL AND -1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT, THE PROPERTY FORMERLY KNOWN AS THE MISSOURI STATE PENITENTIARY, ADDRESSED AS 631 EAST STATE STREET, MISSOURI SURPLUS PROPERTY, ADDRESSED AS 117 NORTH RIVERSIDE DRIVE, AND ADJACENT PROPERTY OWNED BY THE STATE OF MISSOURI /MSP REDEVELOPMENT COMMISSION, LOCATED IN SECTIONS 8, 9, 16 AND 17 OF TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE CITY'S COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE, AND ADOPTION OF THE MISSOURI STATE PENITENTIARY REDEVELOPMENT MASTER PLAN, DESIGN GUIDELINES, AND DEVELOPMENT STANDARDS AS THE PRELIMINARY PUD PLAN FOR THE PROPERTY. Bill 2006 -69 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14102: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None (d) Amending Code Pertaining to Transit Fares - City Planner Janice McMillan gave a presentation on behalf of staff explaining the details of the proposed fare increases and the background of the process to request the increases. Following her presentation, the following persons requested to speak on the issue: No on requested to speak in favor of the issue. In opposition: Rev. Jeannie McGowan, 2225 Italia Drive, stated she is opposed due to the fact that a rate increase imposes a tax on the people least able to pay for it. Following the conclusion of public testimony, Mayor John Landwehr stated that the Council would now take up the associated pending bill. REGULAR COUNCIL MEETING OCTOBER 16, 2006 5 Bill 2006 -71, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE III OF THE CODE PERTAINING TO TRANSIT FARES Mayor John Landwehr asked staff to start generating some data about May 2007 to look at the proposals of adding new services and extending hours so the Council can begin looking at them in advance of the budget season. Councilman Bryan Pope made comments regarding the fact that this bill proposes raising fares for users of the bus system while the users of the City's airport expect their fees to remain the same. Councilman Kenneth Ferguson requested that Bill 2006 -71 be placed on the Informal Calendar at this time. 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. Board of Adjustment, September 12, 2006 b. Housing Authority Board of Commissioners August 11 and August 30, 2006 c. Transportation & Traffic Commission, September 7, 2006 d. Public Works & Planning Committee, September 1, 2006 Mayor John Landwehr thanked the members of the City's boards and commissions for volunteering their time and hard work for the betterment of our community. COUNCIL LIAISON REPORTS There were no reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointment to the Council for approval: Appointments to Police Department: REGULAR COUNCIL MEETING OCTOBER 16, 2006 6 Ashley Shepers - Communications Operator Samantha Birmingham - Communications Operator Jason Thomas - Police Officer The three candidates for appointment were present at the meeting to be introduced as Police Chief Roger Schroeder presented a brief description of each person's qualifications. Following his presentation, a motion was made by Councilman Kevin Brown for approval of the appointments as recommended, seconded by Councilman Michael Berry, and approved unanimously. Mayor John Landwehr welcomed the appointees to the Police Department and wished them well in their careers. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Susan Green and City Administrator Steve Rasmussen made a joint presentation regarding "Operation Enduring Protection," the upcoming emergency training exercise. Ms. Green indicated it will be the first exercise of its type in the state, and indicated the city will be receiving more information as the exercise draws closer. City Administrator Steve Rasmussen stated that the city will be determining in the interim before the exercise what resource and staffing commitments will be needed on the part of the city. Mr. Bob Scruggs made a presentation regarding the city's half cent sales tax issue, Proposition D, which will appear on the November 7 ballot. He introduced Mr. Chris Muenks and Mr. Joe Alonzo, representing the Jefferson City Local Fire Fighters who stated their membership's support of the extension of the half -cent sales tax. Mr. Alonzo read a letter from I.A.F.F. Local 671 stating the Local's support. Following the presentation, Mayor John Landwehr thanked Mr. Scruggs and the Firefighters for their support of this issue which he stated is very important to the continued growth and improvement of our city. Ms. Missy Bonnot, Jefferson City Area Chamber of Commerce, made a presentation to update the Council on the Chamber's economic development strategic plan. She stated that on October 17, a meeting will be held at 11:00 A.M. in the Miller Performing Arts Center to introduce this plan to the public and community leaders. She stated citizens can access the plan at the Chamber's website which is located atwww .progressjeffersoncity.com, using the user name "market" and password "progress." Mr. Mike Bates and Mr. Tom Lavin made a presentation regarding items (h) and (i) which are on tonight's Consent Agenda. These items address the amended landscaping and signage plans for the Wal -Mart development at Cityview Drive. They had numerous visual drawings to explain the details of the amendments made by the developer. Following their presentation, they answered several questions about the plan. Councilman Cindy Layton had questions about the possibility of placing artwork of some kind in the roundabouts. Mr. Bates stated that he believed that was something that could be a possibility in the future if a group of private citizens should indicate an interest in doing that, and if they made contact with the affected agencies and work with them on this issue. Ms. Jill Johnson made a presentation on behalf of the Convention and Visitors Bureau REGULAR COUNCIL MEETING OCTOBER 16, 2006 7 (CVB) pertaining to their proposed annual budget. She gave a brief description of some of the achievements of the CVB over the past year, and what they hope to achieve in the next year. She offered to answer any questions about the proposed budget. PRESENTATIONS FROM THE GALLERY Mr. Frank Rycyk made a presentation in support of pending Bill 2006 -83, pertaining to declaring English as the official language. He stated he believes the city needs to make English the official language to avoid the complexity currently being faced by cities which have not done so, including being required to pay for translators. He stated some of those costs can be very high and would have to be paid for by tax dollars. Mr. Dale Siebeneck, 2908 Wakoda Drive, made a presentation regarding the awarding of a contract for auditing services. He stated that his company submitted a proposal based on the RFP which was distributed to all interested auditing firms. He stated that if the city had a policy stating there was a limit on the number of years a firm could audit the city, the policy was not stated in the RFP. He introduced several other members of his auditing firm which were present at the meeting. Mr. Dan Nichols, 903 Oakwood Drive, made a presentation in opposition to Bill 2006 -83 pertaining to declaring English as the official language. He gave several examples of the use of non - English language in city documents and on posted city signs. He stated that, in his opinion, these would be in violation of an English -only policy. He stated that the use of sign language would also be violating such a policy. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Michael Berry made comments regarding Mr. Siebeneck's presentation. He stated he did not have any problems with the current auditing firm, nor had he heard of any such problems, but that his position was simply based on his belief that it would be a good idea to get a fresh look at things. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time. a. Minutes of September 29 and October 2, 2006 City Council Meetings RENEWAL (Year 4) Sole Source Procurement with Sungard, HTC, Inc. For Software Maintenance - Police Dept. REGULAR COUNCIL MEETING OCTOBER 16, 2006 8 c. Extension of Agreement with Twehous Excavating Co. For Yardwaste Drop - Off RENEWAL (final) - Agreement with Capital Region Medical Center for EMT Services e. RENEWAL - Property and Liability Insurances through St. Paul Insurance Company f. Authorizing Six -Month Extension of JCTV Agreement with Lincoln University g. Approving 2007 Proposed CVB Budget h. Approving Landscaping Plans for Future Wal -Mart at 401 City View Drive Approving Signage Plans for Future Wal -Mart at 401 City View Drive j. RENEWAL (Year 6) - Airport Hangar Lease Agreement with Stan Merhoff (g) - Councilman Cindy Layton moved to table Item (g) to allow more time for the Council to CVB's proposed budget, seconded by Councilman Kevin Brown, and approved unanimously. (i) - Councilman Michael Berry requested that item (i) be considered individually (h) Councilman Cindy Layton requested that item (h) be considered individually. A motion was made by Councilman Kevin Brown to approve all items on the Consent Agenda except items (g), (h), and (i), seconded by Councilman Michael Berry, and approved unanimously. (h) - Councilman Kevin Brown made a motion to approve this item as presented, seconded by Councilman Michael Berry. Councilman Cindy Layton discussed the subject of artwork in the roundabouts, and suggested that these roundabouts are the sort of places in which art could considered for placement by private persons or groups interested in placing art in public locations. Following the conclusion of discussion, the motion to approve item (h) was approved unanimously. (i) - Councilman Mike Harvey made a motion to approve item (i) as presented, seconded by Councilman Kevin Brown. Councilman Michael Berry stated that while he appreciates the work done by the developer on this issue, he believes the sign will still too visible to persons who are coming into the city from the east, and that is the reason he will be voting against this item. Based on Councilman Berry's comments, Mayor John Landwehr requested a roll - call vote on item (i). Item (i) was approved by the following roll -call vote: Aye: Brown, Crane, Ferguson, Harvey, Layton, Oetting, Vogel, and Klindt Nay: Berry and Pope BILLS INTRODUCED REGULAR COUNCIL MEETING OCTOBER 16, 2006 9 Bill 2006 -88, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INTERCLEAN EQUIPMENT, INC. FOR THE VEHICLE WASH FACILITY SYSTEMS RENOVATION PROJECT. Bill 2006 -89, sponsored by Councilman Ferguson, Harvey, and Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF MORNINGSIDE DRIVE TO NESTLE DOWN DRIVE Bill 2006 -90, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT FOR SPACE IN THE TERMINAL BUILDING AT THE JEFFERSON CITY MEMORIAL AIRPORT WITH LC FLIGHT SHOP. Bill 2006 -91, 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 -92, sponsored by Councilman Pope, Harvey, Vogel, Crane, Berry, and Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLIAMS- KEEPERS, LLC FOR AUDITING SERVICES. Bill 2006 -93, 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 2006 -94, sponsored by Councilman Vogel, entitled: REGULAR COUNCIL MEETING OCTOBER 16, 2006 10 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. BILLS PENDING Bill 2006 -65, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2, SECTION 14, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE QUALIFICATIONS OF CANDIDATES FOR CITY COUNCIL. Bill 2006 -65 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14098: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -66, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE 14072 PERTAINING TO ELECTIONS. Bill 2006 -66 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14099: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -67, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 1732 ELM COURT; CONSISTING OF PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, MISSOURI. Bill 2006 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14100: REGULAR COUNCIL MEETING OCTOBER 16, 2006 11 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -70, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN EXISTING GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PROVIDING ADDITIONAL FEDERAL GRANT MONEY FOR PROJECTSAT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2006 -70 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14103: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -72, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), ARTICLE V (PROPERTY MAINTENANCE CODE), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -72 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14104: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -73, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT ARTICLE II. SECTIONS 8 -18 AND 8 -19 AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, SECTION 8 -18, ENTITLED " ADOPTION OF THE 2003 INTERNATIONAL BUILDING CODE" AND A NEW SECTION 8 -19 ENTITLED "AMENDMENTS ". Bill 2006 -73 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING OCTOBER 16, 2006 12 following roll -call vote as Ordinance 14105: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -74, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -4 AND 8 -5 AND ENACTING NEW SECTIONS 8 -4 AND 8 -5 IN LIEU THEREOF. Bill 2006 -74 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14106: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -75, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTIONS 8 -2 AND 8 -3 AND ENACTING NEW SECTIONS 8 -2 AND 8 -3 IN LIEU THEREOF. Bill 2006 -75 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14107: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -76, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONSOLIDATED UTILITY SERVICES, INC., D /B /A GREAT PLAINS LOCATING SERVICES, INC. FOR UTILITY LOCATE SERVICE. Bill 2006 -76 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14108: REGULAR COUNCIL MEETING OCTOBER 16, 2006 13 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -77, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 (SEWERS AND SEWAGE DISPOSAL), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT SECTION 29 -30 AND ENACTING A NEW SECTION 29 -30 IN LIEU THEREOF. Bill 2006 -77 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14109: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -78, sponsored by Councilman Oetting, 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 OF A PORTION OF RIDGEWAY DRIVE. Bill 2006 -78 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14110: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -79, sponsored by Councilman Oetting, 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 OF PORTIONS OF CHESTNUT STREET AND CAPITOL AVENUE. Bill 2006 -79 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14111: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None REGULAR COUNCIL MEETING OCTOBER 16, 2006 14 Abstain: Klindt Bill 2006 -80, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF OXFORD ROAD AT HASTINGS ROAD, AND BUCKINGHAM PARK AT HASTINGS ROAD. Bill 2006 -80 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14112: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -81, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (C), (PASSENGER LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF WEST HIGH STREET. Bill 2006 -81 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14113: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -82, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DELETING SECTION 15 -8 EDUCATION PLAN OF THE PERSONNEL POLICY MANUAL AND REPLACING IT WITH A NEW SECTION 15 -8 EDUCATION PLAN. Bill 2006 -82 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14114: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt REGULAR COUNCIL MEETING OCTOBER 16, 2006 15 Bill 2006 -83, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, AMENDING CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON BY ADDING SECTION 19 (OFFICIAL LANGUAGE) MAKING ENGLISH THE OFFICIAL LANGUAGE OF JEFFERSON CITY. Councilman Brian Crane requested that Bill 2006 -83 be placed on the Informal Calendar at this time so it can be referred to a Council committee for further discussion. Bill 2006 -84, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UNIMERICA AS GROUP LONG -TERM DISABILITY INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF JEFFERSON. Bill 2006 -84 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14115: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -85, 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 2006 -85 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14116: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -86, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE TO FUND A RIVERFRONT ACCESS STUDY, AND TO PROVIDE FISCAL OVERSIGHT. Bill 2006 -86 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2006 -86 which was previously REGULAR COUNCIL MEETING OCTOBER 16, 2006 16 distributed to the Council, with an amendment made to correct the title of the bill, seconded by Councilman Edith Vogel, and approved unanimously. Bill 2006 -86 was passed, as substituted and amended, by the following roll -call vote as Ordinance 14117: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Bill 2006 -87, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO COUNCIL COMMITTEES. Bill 2006 -87 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14118: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt INFORMAL CALENDAR Bill 2006 -52, 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, 2006, TO OCTOBER 31, 2007, 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 2006 -52 be removed from the Informal Calendar and placed on final passage at this time. Bill 2006 -52 was read third time by title and placed on final passage. Finance Director Steve Schlueter explained the final calculations which appear in the amended bill summary which the Council received prior to this meeting based on the decisions of the Finance Committee at its October 12 meeting. Bill 2006 -52 was then passed by the following roll -call vote as Ordinance 14119: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Oetting, Pope, and Vogel Nay: None Abstain: Klindt Mayor John Landwehr stated he would like to appoint the members of the committees REGULAR COUNCIL MEETING OCTOBER 16, 2006 17 established by Ordinance 14119 just enacted by the City Council. He recommended the following appointments for Council approval: Public Works & Planning Committee: Berry, Harvey, Layton, Pope, and Vogel Finance Committee: Brown, Ferguson, Klindt, Oetting, and Pope Committee on Public Safety: Brown, Crane, Harvey, Klindt, and Oetting Committee on Administration Berry, Crane, Ferguson, Layton, and Vogel A motion was made by Councilman Kevin Brown for approval of the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously RESOLUTIONS RS2006 -18 Adopting Plan for Public Input for Transit Fare Increases and Service Reduction (Ferguson) Councilman Kenneth Ferguson requested that RS2006 -18 be tabled at this time. RS2006 -19 Adopting Disadvantaged Business Enterprise Goals (Ferguson) A motion was made by Councilman Mike Harvey to adopt RS2006, 19 as presented, seconded by Councilman Edith Vogel, and approved unanimously RS2006 -20 Authorizing Agreement with Voluntary Vision Insurance through Spectera Group Benefits (Brown) A motion was made by Councilman Kevin Brown to adopt RS2006 -20 as presented, seconded by Councilman Michael Berry, and approved unanimously. SCHEDULED REPORTS REGULAR COUNCIL MEETING OCTOBER 16, 2006 18 No reports were given at this time. NEW BUSINESS Mayor John Landwehr suggested that the Council may wish to consider taking the next step in connection with the JCTV issue. Councilman Brian Crane made a motion that staff be directed to begin drafting a contract between the City and Lincoln University based on the discussions and recommendations of the JCTV steering committee, seconded by Councilman Michael Berry, and approved unanimously. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES Mayor John Landwehr stated that approval of the October 2, 2006 Closed Session minutes will be deferred until the November 6 agenda. RECESS Mayor John Landwehr stated that the Council will recess at this time to allow for the four newly- appointed Council committees to have brief meetings to elect officers, then reconvene to vote to go into Closed Session. See * at end of this document The Council meeting recessed at 8:50 P.M. GO INTO CLOSED SESSION The Council reconvened at 9:03 P.M. with the following Council Members present Present: Berry, Brown, Crane, Ferguson Harvey, Klindt, Layton, Oetting, Pope, and Vogel REGULAR COUNCIL MEETING OCTOBER 16, 2006 19 Absent: None 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 following: a. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Cindy Layton, and approved unanimously by the following roll -call vote at 9:05 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None REGULAR COUNCIL MEETING OCTOBER 16, 2006 20 * Officers elected to Council Committees during recess in Council meeting, at meetings of duly scheduled and posted meetings of the following four Council Committees, and which shall also be recorded as minutes of each respective Committee for approval by that Committee: Public Works & Planning Committee: All members of the Committee were present. Mayor John Landwehr convened the meeting and called for nominations of Chairman. Councilman Bryan Pope nominated Councilman Michael Berry, seconded by Councilman Edith Vogel. There being no further nominations brought forward, the nomination of Councilman Michael Berry was approved unanimously Mayor John Landwehr then turned the chair over to Chairman Berry, who called for nominations for Vice- Chair. Councilman Edith Vogel nominated Councilman Mike Harvey, seconded by Councilman Bryan Pope. There being no further nominations made, the nomination of Councilman Harvey was approved unanimously. A motion was made by Councilman Edith Vogel to adjourn, seconded by Councilman Bryan Pope, and approved unanimously. Finance Committee: All members of the Committee were present. Mayor John Landwehr convened the meeting and called for nominations of Chairman. Councilman Kenneth Ferguson nominated Councilman Kevin Brown, seconded by Councilman Bryan Pope. Councilman Kevin Brown nominated Councilman Bryan Pope, seconded by Councilman Kenneth Ferguson. There being no further nominations brought forward, the nomination of Councilman Kevin Brown was approved by the following roll -call vote: For Councilman Brown: Ferguson, Klindt, Oetting, and Pope For Councilman Pope: Brown Mayor John Landwehr then turned the chair over to Chairman Brown, who called for nominations for Vice- Chair. Councilman Kenneth Ferguson nominated Councilman Bryan Pope, seconded by Councilman Dan Klindt. There being no further nominations made, the nomination of Councilman Pope was approved unanimously. The meeting was then adjourned. Committee on Public Safety: All members of the Committee were present. Mayor John Landwehr convened the meeting and called for nominations of Chairman. Councilman Dan Klindt nominated Councilman Kevin Brown, seconded by Councilman Mike Harvey. There being no further nominations brought forward, the nomination of Councilman Kevin Brown was approved unanimously REGULAR COUNCIL MEETING OCTOBER 16, 2006 21 Mayor John Landwehr then turned the chair over to Chairman Brown, who called for nominations for Vice - Chair. Councilman Brian Crane nominated Councilman Dan Klindt, seconded by Councilman Mike Harvey. There being no further nominations made, the nomination of Councilman Klindt was approved unanimously. Committee on Administration: All members of the Committee were present. Mayor John Landwehr convened the meeting and called for nominations of Chairman. Councilman Kenneth Ferguson nominated Councilman Brian Crane, seconded by Councilman Cindy Layton. There being no further nominations brought forward, the nomination of Councilman Crane was approved unanimously Mayor John Landwehr then turned the chair over to Chairman Crane, who called for nominations for Vice - Chair. Councilman Cindy Layton nominated Councilman Kenneth Ferguson, seconded by Councilman Michael Berry. There being no further nominations made, the nomination of Councilman Ferguson was approved unanimously.