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Home My Public Portal About20070416 OLD COUNCILREGULAR COUNCIL MEETING APRIL 16, 2007 FIRST MEETING - OLD COUNCIL CALL TO ORDER 1 The Regular Council Meeting of April 16, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Absent: Ferguson 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." PUBLIC HEARINGS Major Amendment to Final PUD Plan for 1303 Edgewood Drive for Cell Tower - City Planner Janice McMillan made a staff presentation outlining the details of the requested amendment. Following her presentation, the following persons spoke on the issue: In Favor: Mr. Mike Douchant, Dolan Realty Advisors, St. Louis, agent for Verizon. He made brief remarks explaining the coverage which will be provided by the tower. Following his presentation, he answered questions asked by the Council Members regarding issues such as flag replacement, what happens to the towers when they are no longer needed, and how many sites Verizon represents in Jefferson City. No one present requested to speak in opposition to the proposed amendment. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated Pending Bill: REGULAR COUNCIL MEETING APRIL 16, 2007 2 FIRST MEETING - OLD COUNCIL Bill 2006 -157, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR PART OF LOT 9 OF MEDICAL PARK SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI, LOCATED AT 1303 EDGEWOOD DRIVE. Bill 2006 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14183: Aye: Berry, Brown, Crane, 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. Board of Adjustment, March 13, 2007 b. CAMPO Technical Committee, March 1, 2007 c. Police Personnel Board, February 1, 2007 d. Certification of April 3, 2007 Election Results to City Clerk by Cole County and Callaway County Clerks e. Transportation & Traffic Commission, February 8, 2007 f. Public Safety Committee, March 13, 2007 g. Storm Water Advisory Committee, March 13, 2007 h. Mediacom Annual Report for FY 2006 (on file for review in City Clerk's Office) Parks and Recreation Commission, March 13, 2007 Mayor John Landwehr thanked the citizens on the various City boards and commissions for their contribution to the community in this important capacity. COUNCIL LIAISON REPORTS Council liaison reports were deferred at this time until the liaisons have been appointed for the new Council year. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING APRIL 16, 2007 3 FIRST MEETING - OLD COUNCIL Mayor John Landwehr recommended the following appointments for Council approval: Police Department Appointments Communications Operator - Timothy Weyer Following introduction of Mr. Weyer to the Council and a briefing of Mr. Wever's background and qualifications by Police Chief Roger Schroeder, a motion was made by Councilman Kevin Brown for approval of the appointment as recommended, seconded by Councilman Dan Klindt, and approved unanimously. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS No announcements were made at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Shawn Ordway, Cole County Tax Assessor, made a presentation regarding the American Heart Association's upcoming "Start Walking at Work" event. He stated employers are being encouraged to allow their employees to walk as a method of improving their health. He stated any business who would like to obtain a media packet to enable them to participate in this event should contact the American Heart Association by looking them up on the web then going to the local office. Cole County Commission Mike ( "Pee Wee ") Forck, made a presentation challenging the City to a "Boys as Babes" baseball game to benefit the Cole County Heart Walk. His challenge was issued by the Cole County elected officials, Public Works Department, and Law Enforcement to the counterparts of those persons at the City level. Mr. Jim Crabtree, Jefferson City Environmental Quality Commission, presented the Commission's Annual Report to the City Council. Following his presentation, Councilman Brian Crane asked Mr. Crabtree about the commission looking at identifying different areas of the city where public artists could display their work. He stated he would forward some information about that subject to Mr. Crabtree. PRESENTATIONS FROM THE GALLERY Mayor John Landwehr asked Councilman Michael Berry to explain the changes in the Substitute Bill 2007 -159 before the citizens make their presentations on this topic. Mr. Berry gave a brief explanation of the changes made by the substitute. Ms. Nell Sloan, 718 Swift's Highway, stated she lives directly across the street from the properties requesting the amendment to the sign regulations in the N -O District, and stated her reasons for opposition to Bill 2006 -159 by explaining the reasons she believed the REGULAR COUNCIL MEETING APRIL 16, 2007 4 FIRST MEETING - OLD COUNCIL increased sign size would diminish the neighborhood's character and property value. Ms. Patty Morrow, 711 Swifts Highway, also spoke in opposition to Bill 2006 -159 pertaining to business signs in the N -O (Neighborhood Office) district located in her neighborhood. She stated that the meeting held last week by staff and the requestors did not produce the results the homeowners had hoped to. She urged the Council not to approve 2006 -159. Bill 2006 -159, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3, ADVERTISING AND SIGNS, ESTABLISHING STANDARDS FOR SIGNS IN THE N -O NEIGHBORHOOD OFFICE DISTRICT. Bill 2006 -159 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept the Substitute Bill 2006 -159 which had been distributed the Council, seconded by Councilman Dan Klindt, and approved unanimously. Councilman Michael Berry then made a motion to amend Bill 2006 -159 as substituted by changing the maximum sign size from eight square feet to six square feet, seconded by Councilman Dan Klindt. Following discussion, the motion to amend Substitute Bill 2006 -159 was then approved by the following roll -call vote: Aye: Berry, Harvey, Klindt, Oetting, and Vogel Nay: Brown, Crane, Layton, and Pope Substitute Bill 2006 -159, as amended, was then defeated by the following roll -call vote: Aye: Berry Nay: Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time. a. Minutes of March 30 and April 2, 2007 City Council Meetings A motion was made by Councilman Kevin Brown to approve all items on the Consent Agenda as presented, seconded by Councilman Bryan Pope, and approved unanimously. BILLS INTRODUCED REGULAR COUNCIL MEETING APRIL 16, 2007 5 FIRST MEETING - OLD COUNCIL No bills were introduced at this time. BILLS PENDING Bill 2006 -156, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON BY ADDING AN ADDITIONAL FEE OF SEVEN DOLLARS ($7.00) FOR COURT AUTOMATION. Bill 2006 -156 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14182: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -158, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF DEL CERRO SUBDIVISION, SECTION EIGHT, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14184: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -160, 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 RECLASSIFYING A POSITION WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. Bill 2006 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14185: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -161, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING APRIL 16, 2007 6 FIRST MEETING - OLD COUNCIL AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL BANK FOR BANKING SERVICES. Mayor John Landwehr stated he is recusing himself from any discussion or action on Bill 2006 -161 as Central Bank is a client of his, and asked President Pro Tempore Brian Crane to assume the chair at this time for third - reading and final passage of Bill 2006 -161. President Pro Tempore Brian Crane called for third reading of Bill 2006 -161 at this time. Bill 2006 -161 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14186: Bill 2006 -165, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE OLD TOWN DISTRICT FOR THE PURPOSES OF REDEVELOPMENT AND REINVESTMENT. Bill 2006 -165 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14187: Aye: Berry, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: Brown Bill 2006 -166, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. FOR ALGOA - E. MOREAU PUMP STATION DESIGN SERVICES. Bill 2006 -166 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14188: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None Bill 2006 -167, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES FOR DESIGN OF THE ALGOA / EAST MOREAU GRAVITY SEWER. Bill 2006 -167 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14189: Aye: Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel REGULAR COUNCIL MEETING APRIL 16, 2007 7 FIRST MEETING - OLD COUNCIL Nay: None Abstain: Berry INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS There were no resolutions brought forward at this time. SCHEDULED REPORTS There were no reports brought before the Council at this time. NEW BUSINESS No New Business was brought forward at this time. UNFINISHED BUSINESS Mayor John Landwehr presented plaques and made comments of appreciation to the following outgoing Council Members: Pete Oetting Bryan Pope Michael Berry REGULAR COUNCIL MEETING APRIL 16, 2007 8 FIRST MEETING - OLD COUNCIL Edith Vogel He thanked each one for their service to the City as a City Council Member. APPROVAL OF CLOSED SESSION MINUTES a. Minutes of the March 19, 2007 Closed Session Minutes of the April 2, 2007 Closed Session A motion was made by Councilman Mike Harvey for approval of the March 19 and April 2, 2007, Closed Session minutes, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None ADJOURN SIN E DIE Mayor John Landwehr announced that at the conclusion of this meeting, newly - elected officials will be sworn into office. There being no further business to come before the Council at this time, a motion was made by Councilman Edith Vogel, seconded by Councilman Michael Berry, to adjourn Sine Die at this time. Motion was approved unanimously at 7:25 P.M. ADMINISTRATION OF OATHS OF OFFICE ',DURING BREAK BETWEEN MEETINGS The Oaths of Office were administered at this time by the Honorable Patricia S. Joyce, Presiding Judge, 19th Judicial Circuit, Div. IV, to the following elected officials: JOHN LANDWEHR- MAYOR JIM PENFOLD - 2 " WARD COUNCILMAN RICH KOON - 2 "D WARD COUNCILMAN REGULAR COUNCIL MEETING APRIL 16, 2007 9 FIRST MEETING - OLD COUNCIL JANE A. SMITH - 3" WARD COUNCILPERSON CINDY LAYTON - 4TH WARD COUNCILPERSON DAN KLINDT - 5TH WARD COUNCILMAN RON MEDIN - 5TH WARD COUNCILMAN MARSHALL WILSON - MUNICIPAL JUDGE DANIEL GREEN - CITY PROSECUTOR