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Home My Public Portal About20070319REGULAR COUNCIL MEETING MARCH 19, 2007 CALL TO ORDER 1 The Regular Council Meeting of March 19, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Edith Vogel, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Absent: None A quorum was declared present. Mayor John Landwehr asked if anyone present wished to be added to the list of citizens who have previously signed up to speak under Presentations from the Gallery tonight. He made note of those adding their names to the list, and indicated they would not need to sign up ahead of time to speak under "Public Hearings." Mr. Bob Robison asked to be added to the list of persons to make a presentation. Mayor John Landwehr explained that the bills and roll -call are being read tonight by Lindsay Schellman due to the fact that the City Clerk has laryngitis and cannot read. Lindsay works part -time in the City Clerk's Office, Law Dept, and Municipal Court. PUBLIC HEARINGS (a) Preliminary and Final PUD for 318 -320 Washington Street and 208 W. McCarty Street City Planner Janice McMillan made a staff presentation detailing the background of the PUD plan. Following her presentation, no one present requested to speak in favor of, or opposition to, the PUD plan. Mayor John Landwehr declared the evidentiary portion fo the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2006 -142, sponsored by Councilman Layton, entitled: REGULAR COUNCIL MEETING MARCH 19, 2007 2 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 318 -320 WASHINGTON STREET AND 208 WEST McCARTY STREET; CONSISTING OF PART OF INLOTS 458 AND 459, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -142 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14168: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None (b) Rezoning 0.82 acres in 3300 Block of W. Edgewood Drive from RA -1 to C -2 City Planner Janice McMillan made a staff presentation detailing the background of the requested rezoning. Following her presentation, no one present requested to speak in favor of, or opposition to, the PUD plan. Mayor John Landwehr declared the evidentiary portion fo the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2006 -143, 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 RA -1 RESIDENTIAL TO C -2 GENERAL COMMERCIAL, 0.82 ACRES OF LAND DESCRIBED AS LOT 6 OF C. C. WEST SUBDIVISION, SECTION TWO, BEING PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -143 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14169: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None 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. CAMPO Technical Committee, February 1, 2007 b. Human Relations Commission, January 9, 2007 REGULAR COUNCIL MEETING MARCH 19, 2007 3 c. Housing Authority Board of Commissioners, January 4 and February 1, 2007 d. Finance Committee, December 14, 2006, and March 6, 2007 e. Finance Reports for January, 2007 f. Board of Adjustment, February 13, 2007 g. Planning & Zoning, February 8, 2007 h. Historic Preservation Commission, February 13, 2007 COUNCIL LIAISON REPORTS The following reports were made from Council members who are liaisons to boards and commissions, or Chairmen of Council committees: Finance Committee - Chairman Kevin Brown announced that meetings will be held March 22 at 5:30 P.M. The banking services agreement and a reclassification request will be discussed Public Works & Planning Committee - Report given by Chairman Michael Berry, who announced another meeting will be held March 22 at 7:45 A.M. He stated the midtown conservation district will be discussed and asked for public input. Administration Committee - Report given by Chairman Brian Crane, who announced a meeting will be held on March 21 at 7:45 A.M. He stated that some issues to be discussed include neighborhood grants, neighborhood improvements, weed ordinance administrative fees, and harboring animals. Annexation and Growth Subcommittee - Councilman Kenneth Ferguson stated he would like to schedule a meeting of this committee tentatively for Friday, March 23 at 7:45 A.M. Public Safety Committee - Report given by Chairman Kevin Brown, who announced the next meeting will be held on April 10, and he hopes to have ordinances introduced regarding assaulting emergency personnel and continue to work on a blasting ordinance after the state legislative session is completed. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Assistant Community Director Charles Lansford announced the dates of the annual spring cleanup will be April 23 for the portion fo the City east of Jefferson Street, and April 30 for the area west of Jefferson Street. He stated complete details will be posted on the city's website. He also announced details of the tire drop -off and household hazardous waste drop -off. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING MARCH 19, 2007 4 Mayor Landwehr then recommended the following appointments for Council approval: (a) Police Department Supervisory Appointments Lt. Doug Shoemaker - Captain Sgt. Robert Clark - Lieutenant Officer Gary Campbell - Sergeant Following a brief biographical sketch and introduction of each of the candidates by Chief Roger Schroeder, a motion was made by Councilman Brian Crane for approval of the appointments as recommended, seconded by Councilman Dan Klindt, and approved unanimously. (b) City Boards and Commissions: BOARD /COMMISSION Board of Adjustment Board of Adjustment - Alternate Environmental Quality Commission Environmental Quality Commission Historic Preservation Commission Housing Authority Board Human Relations Commission Industrial Dev. Advisory Committee TIF Commission TIF Commission TIF Commission Transportation & Traffic Commission Transportation & Traffic Commission RECOMMENDED NAME EXPIRES FULL /PARTIAL Chuck McPheeters September 2008 partial Andrew Hake September 2007 Robert Didriksen November 2011 Nsalambi Nkongolo November 2007 Kenneth Klemm Bob Weber Carolyn Atkins Roger Verslues Jon Schnitzler Robert Gammon Bill Dallmeyer Ernest Raub Rick Prather December 2009 November 2010 October 2009 May 2012 April 2011 April 2011 April 2008 June 2008 June 2009 partial partial partial partial full p a a partial full full partial partial partial A motion was made by Councilman Kenneth Ferguson for approval of the appointments as presented, seconded by Councilman Bryan Pope and approved unanimously. REGULAR COUNCIL MEETING MARCH 19, 2007 PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS 5 Mr. Gilbert Cole gave an update on the generator which will be ordered in early April and hopefulloy have delivery in early October. Mayor John Landwehr asked if next time he comes back to make a report on the plans regarding summer water shortages. PRESENTATIONS FROM THE GALLERY Ms. Carrie Carroll, 916 Topaz Court, made a presentation regarding the bus transfer station. She asked the Council to consider something which could be done to alleviate some of the problems which Missouri Motor Carriers due to the use of their building by bus patrons. Mr. Dan Massie, 1210 Linden Court, made a presentation regarding bus shelters at Myrtle and Edmonds and Fire Station No. 1 on East High Street. He stated the bus sometimes goes past without stopping because they cannot see the patrons, and also that it is uncomfortable to sit at the angle necessary to be able to see the bus coming from the opposite direction. Mr. Bob Robison, 2117 Scenic Drive, made a presentation regarding the buildings on West McCarty Street. He stated he believes that there should be time limits on the time given to developers so they do not remain as eyesores any longer than necessary. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GAL Councilman Michael Berry agreed with Mr. Robison's comments. ERY Councilman Brian Crane asked staff to look at the issue brought up by Mr. Massie. Mayor John Landwehr asked City Planner Janice McMillan to take a look at this and send her answers to the Council, and also asked her to speak with Mr. Massie and find out what specifically he is talking about regarding the statistics he mentioned and make sure Mr. Massie gets that information. Councilman Edith Vogel agreed with Councilman Brian Crane and she also asked staff to look into Mr. Massie's issues. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time. a. Minutes of March 2 and March 5, 2007 City Council Meetings REGULAR COUNCIL MEETING MARCH 19, 2007 6 A motion was made by Councilman Dan Klindt to approve all items on the Consent Agenda as presented, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2006 -148, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE HENRIETTE RIEGER HOUSE AS A HISTORIC LANDMARK. Bill 2006 -149, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND ARCHITECTS ALLIANCE, INC. FOR SERVICES IN CONJUNCTION WITH THE EXTENSION OF THE CITY MUNICIPAL BUILDING. Councilman Brian Crane asked if a list of historic sites has been compiled. Councilman Michael Berry stated that an inventory list exists but a narrowed -down list does not exist yet. Councilman Crane asked how the Council would know if a city board or commission is doing its job. City Administrator Steve Rasmussen stated that each board has a staff liaison, and that those liaisons can let him know if any board or commission is doing its job. Bill 2006 -150, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006 -2007 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND AND THE SALES TAX FUND. Bill 2006 -151, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006- 2007 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Councilman Kenneth Ferguson stated he believes the Council needs to have some more work sessions to iron out all the details on this. A lengthy discussion was held. Councilman Kevin Brown suggested having a work session on the issue. Councilman Brian Crane suggested sending it to the budget committee and get consensus there. The Council agreed to schedule a budget committee meeting for Monday, March 26 at 5:30 P.M. to discuss this issue. REGULAR COUNCIL MEETING MARCH 19, 2007 7 Bill 2006 -152, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006 -2007 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2006 -153, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE BUTLER & ASSOCIATES FOR TRAVEL DEMAND MODELING. Councilman Cindy Layton asked to receive information regarding the selection of the contractor, their qualifications, etc. Finance Director Steve Schlueter stated he would get that information to the Council. Bill 2006 -154, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2006 -155, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE ST. PETER SCHOOL AS A HISTORIC LANDMARK BILLS PENDING Bill 2006 -141, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COSMOPOLITAN CLUB FOR THE ABROGATION OF LAND USE RESTRICTIONS. Bill 2006 -141 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14167: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None *See Public Hearings for Bills 2006 -142 and 2006 -143 REGULAR COUNCIL MEETING MARCH 19, 2007 8 Bill 2006 -144, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING PORTIONS OF A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN CONJUNCTION WITH THE TRAILS OF KAUFFMAN HILLS SUBDIVISION, SECTION THREE, LOCATED AT SHERWOOD DRIVE AND GRAYSTONE DRIVE. Bill 2006 -144 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14170: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -145, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF THE TRAILS OF KAUFFMAN HILLS, SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -145 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14171: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -146, sponsored by Councilman Berry, 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, 2006 TO SEPTEMBER 30, 2007. Bill 2006 -146 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14172: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, and Vogel Nay: Pope Bill 2006 -147, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING MARCH 19, 2007 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT # 1 FOR TERMINATION OF WASTEWATER SERVICE. Bill 2006 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14173: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None INFORMAL CALENDAR Bill 2006 -135, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO CREATE A PERMIT AND REGULATIONS FOR PUSHCARTS AND BY ADDING ASECTION PERTAINING TO TEMPORARY FOOD ESTABLISHMENTS. Councilman Michael Berry requested that Bill 2006 -135 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2006 -135 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept Substitute #4 which was previously distributed to the Council, seconded by Councilman Mike Harvey, and approved unanimously. Councilman Michael Berry then moved to amend Section 2 of Bill 2006 -135, substitute #4, by removing the following language from Part 6 -7(f): The Board of Adjustment may grant a variance to this provision for 6 months. At the expiration of the variance the Board of Adjustment may, upon application by an applicant and upon the making the required findings, extend the variance for additional 6 month periods. Alternatively the applicant may apply to the City Counsel, after the expiration of any variance granted by the Board of Adjustment, for, and the Counsel may grant, a perpetual variance. Before granting any variance, the Board or City Counsel shall send notice of the application and the date and time of the hearing on the application to all property owners within 400 feet of the proposed variance and find all of the following: The proposed variance, if granted, would: (1) Allow sufficient off street parking to accommodate the parking needs of employees and expected customers. (2) Not substantially increase congestion on the public street. (3) Not substantially increase noise in the neighborhood where it is located. (4) Be in keeping with the general nature and character of the REGULAR COUNCIL MEETING MARCH 19, 2007 10 surrounding neighborhood. The Board of Adjustment may set additional reasonable requirements to protect the public interest as a condition of the granting of the variance. Any appeal from the Board of Adjustment shall be made to the City Council. The motion to amend was seconded by Councilman Mike Harvey, and approved unanimously. Bill 2006 -135, substitute #4, was then passed, as amended, by the following roll -call vote as Ordinance 14174: Aye: Berry, Brown, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: Crane and Ferguson RESOLUTIONS No resolutions were brought before the Council at this time. SCHEDULED REPORTS ITS Department Director Bill Betts gave a brief status report on JCTV, and distributed a copy of an agreement on which he stated that all parties have discussed and reached consensus. He answered questions asked by the Council on the issue, and the Council held a brief discussion.. NEW BUSINESS Councilman Dan Klindt made comments regarding renewable fuels and stated he can put the city in contact with the national bio -fuel office to help them determine what the city might do to utilize bio fuels. UNFINISHED BUSINESS No unfinished business was brought forward at this time. REGULAR COUNCIL MEETING MARCH 19, 2007 APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Kenneth Ferguson to approve the minutes of the February 19, 2007, Closed Session minutes, seconded by Councilman Mike Harvey, and approved unanimously. 11 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 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 Mike Harvey, and approved unanimously by the following roll -call vote at 7:53 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None