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HomeMy Public PortalAbout20080602REGULAR COUNCIL MEETING JUNE 2, 2008 1 CALL TO ORDER The Regular Council Meeting of June 2, 2008, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CAL The following Council Members were present for the roll call: Present: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: None A quorum was declared present. Mayor John Landwehr asked if anyone present wished to have their name added to the existing list of presentations from the gallery and added those who responded. He then announced that Councilman Kenneth Ferguson, the sponsor of Bill 2008 -18 (food inspection fees), has indicated he plans to place that bill on the Informal Calendar tonight to allow the Council more time to discuss the proposed amendments which were distributed immediately prior to this meeting. He stated that those persons present to speak on that issue are certainly welcome to go ahead and make their presentation, but that they may wish to come back again and make another presentation at the time the bill is brought up for final discussion and vote. PUBLIC HEARINGS a) Special Exception Use Permit for Superstore /Big Box Retail Development for 800 Block of West Stadium Blvd. City Planner Janice McMillan made a staff presentation regarding the background of the requested special exception use permit. She also gave background information on two other pending bills, 2008 -10 and 2008 -11, since they all pertain to the same issue. Following her presentation, the following persons came forward to speak in favor of, or opposition to, the issue. In favor: Duane Schreimann, attorney on behalf of the applicants, and Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, both offered to answer any questions. Paul Sampson, Central Missouri Professional Services, 2500 E. McCarty Street, gave a REGULAR COUNCIL MEETING JUNE 2, 2008 2 presentation regarding the site plan and answered questions. Scott Nuttelman, 4777 Menard Drive, Eau Clair, WI, appeared on behalf of Menard's, and gave a brief history of the Menard's company, followed by a period of questions and answers. Jamie Gilbert, George Butler and Associates, 9801 Renner Blvd., Lenexa, KS, gave a presentation regarding traffic issues connected to the project. He answered several questions asked about the two proposed roundabouts. Councilwoman Cindy Layton stated she wished the record to show her continued concerns with two roundabouts so close together as she thinks traffic may back at one roundabout and cause congestion into the other roundabout due to their close proximity to one another. *Councilwoman Jane A. Smith left to meeting at this point due to a prior commitment (7:00 P.M.). Several comments were made, and questions asked, about the possibility of one roundabout and one stop signal vs. two roundabouts. Mr. Gilbert stated while it may be feasible at the beginning of the project, if only one roundabout existed, the increase in traffic over the next several months would probably require that the one single -lane roundabout be converted to a double -lane roundabout to handle the increase. Leonard Steinman, 2217 W. Edgewood, made comments regarding the emergency vehicles exiting out of Hyde Park Road and agreed that a roundabout at that intersection may pose a problem there. There being no further testimony brought forward at this time, Mayor John Landwehr declared the evidentiary portion of the hearing concluded and stated the Council will now take up the associated pending bill, as well as Bills 2008 -10 and 2008 -11, which are also related to the issue. Bill 2008 -10, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI AND LAND DEVELOPMENT COMPANY GOVERNING THE DEVELOPMENT OF PROPERTY TO BE PLATTED AS STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, IN THE VICINITY OF THE 800 BLOCK OF WEST STADIUM BOULEVARD. Bill 2008 -10 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14359: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -11, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING JUNE 2, 2008 3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -11 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14360: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -12, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR CONSTRUCTION OFASUPERSTORE /BIG BOX RETAIL DEVELOPMENT UPON 17.3 ACRES OF LAND LOCATED IN THE 800 BLOCK OF WEST STADIUM BOULEVARD, DESCRIBED AS LOT 9 OF PROPOSED STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, AND CONSISTING OF PART OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER OF SECTION 11 TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -12 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14361: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None MISCELLANEOUS AGENDA ITEMS City Administrator Steve Rasmussen introduced four interns which will be working with the city this summer. He stated there are six interns, but that two could not be with us tonight. Those interns attending the meeting, and the departments with which they will be working, are as follow: Justin Addison - Finance Dept. Ciera Bratton - I.T.S. Dept. Seleana Smith - Law Dept. Micah Taylor - Community Development Dept., Engineering The other two interns which could not be at the meeting tonight are: REGULAR COUNCIL MEETING JUNE 2, 2008 4 Michael Brown - Community Development Dept., Planning Philip Elliott - Parks and Recreation Dept. Following their introduction, the Mayor welcomed them. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office, and thanked all members who serve for the time they dedicate to making our City better. a. Planning & Zoning Commission, April 10, 2008 b. CAMPO Board of Directors, April 16, 2008 c. Public Works & Planning Committee, April 24 and May 5, 2008 d. Environmental Quality Commission, March 20 and April 17, 2008 e. April 2008 Finance Reports f. Transportation & Traffic Commission, April 10, 2008 g. Housing Authority Board of Commissioners, April 23, 2008 COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin announced that the Committee will hold its next meeting on Wednesday, June 4. Finance Committee - Councilman Rich Koon announced that the Committee will hold its next meeting on June 13 following Brown Bag work session. Public Safety Committee - Councilman Mike Harvey announced that a meeting is was held Friday, May 30 immediately following the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold stated the Committee met on May 20. Ad Hoc Committees, if any - No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS No announcements were made at this time. REGULAR COUNCIL MEETING JUNE 2, 2008 APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Recognition from Missouri / Kansas Chapter of ACPA and MoDOT for Excellence in Paving Performed on Construction of Taxiway A and Connectors at Jefferson City Memorial Airport: City Planner Janice McMillan explained the award and the significance of it being received by the City. Following her presentation, a plaque was presented to Mr. Ron Craft, Airport Division Director. 5 Mr. Bill Farr, Emergency Management Coordinator, made a presentation regarding an upcoming emergency exercise which will be held on June 26. He stated his office will remain in contact with the City to keep them informed what level of participation the city is expected to have in the exercise. Councilman Mike Harvey stated that due to the lateness of the hour, he and Councilwoman Smith would be willing to postpone the report they were scheduled tonight on their Emmittsburg MD trip. Mayor John Landwehr stated he would ask them to make that report at the June 16 meeting. PRESENTATIONS FROM THE GALLERY Mr. Rob Agee, 5501 Foxfire Lane, Lohman, made a presentation regarding Bill 2008 -18 (food inspection fees). He asked that the City Council consider charging all entities requiring food inspections rather than just restaurants. Those would include schools, churches, nursing homes, etc., which currently are inspected at no charge. He distributed information from the Missouri Restaurant Association regarding the city's proposed fee structure. Mr. Mark Arcobasso, 3528 Gettysburg Place, asked the Council to consider the amendments to Bill 2008 -18 distributed tonight by Councilman Crane. Mr. Leonard Steinman, 2217 W. Edgewood, stated he thinks the city should not raise the speed limit on Lorenzo Greene Drive because a new school will be built there within the next five years. He also urged citizens to participate in this year's Relay for Life cancer fund raising event scheduled for Friday, June 6, from 6:00 P.M. to Saturday, June 7 at 6:00 A.M. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY REGULAR COUNCIL MEETING JUNE 2, 2008 6 Councilwoman Carrie Carroll asked if there was a comparison study regarding the issue of food inspection fees and if so, she would like to receive a copy. City Administrator Steve Rasmussen stated he would be happy to provide the entire Council with whatever information the city has. Councilman Dan Klindt asked for a copy of any discussion of the food inspection fees which occurred at Administration Committee meetings during the period he was unable to attend last year. Councilman Rich Koon stated that the issue was actually discussed at Finance Committee meetings rather than Administration Committee. Councilman Mike Harvey asked Community Development Director Pat Sullivan if the City could determine how much revenue would be generated by charging a fee to inspect hospitals, etc., at a rate of $100 each, and how that would impact the revenue for the City. Mr. Sullivan stated he would be happy to provide that information. RECESS Mayor John Landwehr called for a brief recess at this time (7:45 P.M.) RECONVENE The meeting reconvened by Mayor John Landwehr at 7:55 P.M. with the following Council Members present: Present: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Absent: Smith CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of May 12, May 16, and May 19, 2008 City Council Meetings b. Correction to April 21, 2008 City Council Minutes A motion was made by Councilman Ron Medin to approve the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BIDS OVER $25,000 2390 - Manhole Rings, Lids & Risers, Community Development Dept. (Distributed to Council on May 15, 2008) REGULAR COUNCIL MEETING JUNE 2, 2008 7 A motion was made by Councilman Jim Penfold to approve the bid as presented, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2008 -20, sponsored by Councilman Klindt, 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 0.49 ACRES FROM PUD PLANNED UNIT DEVELOPMENT TO C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 101 ADAMS STREET, DESCRIBED AS PARTS OF INLOTS 114 AND 115, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -21, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF STONEHILL ROAD, SOUTH OF WEATHERED ROCK ROAD AND CERTAIN EASEMENTS RELATING TO SAID RIGHT -OF -WAY Bill 2008 -22, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDMENT TO THE PUD PLAN FOR PROPERTY ADDRESSED AS 910 WEATHERED ROCK ROAD; DESCRIBED AS PART OF TRACTS D AND I OF MILLBROOK SUBDIVISION, LOT 19 OF STONEHILL SUBDIVISION, SECTION 3, AND VACATED RIGHT -OF -WAY OF STONEHILL ROAD SOUTH OF WEATHERED ROCK ROAD, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -23, sponsored by Councilwoman Layton; co- sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DELETING CHAPTER 7 (BOARDS AND COMMISSIONS)ARTICLE XIII (ECONOMIC DEVELOPMENT ADVISORY BOARD. Bill 2008 -24, sponsored by Councilman Penfold entitled: REGULAR COUNCIL MEETING JUNE 2, 2008 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI, REGARDING VACATION OF A PORTION OF WALL WAY. Bill 2008 -25, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF WALL WAY. BILLS PENDING Bill 2008 -9, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE TOM, INC FOR THE CITY TO BE A HOST CITY FOR THE TOUR OF MISSOURI BIKE RACE EVENT. Bill 2008 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14358: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None *Bills 2008 -10, 2008 -11, 2008 -12: See "Public Hearings" above. Bill 2008 -13, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LINCOLN UNIVERSITY. Bill 2008 -13 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14362: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -14, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING JUNE 2, 2008 9 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN CONSTRUCTION CORPORATION FOR CONSTRUCTION OF THE LOCUST STREET IMPROVEMENTS. Bill 2008 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14363: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -15, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR 2008 MILLING AND OVERLAY PROGRAM. Bill 2008 -15 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14364: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -16, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR SOUTHWEST BLVD. STORMWATER, AND SOUTHWEST BLVD., MISSOURI BLVD., AND JEFFERSON STREET SIDEWALKS. Bill 2008- was read third time by title and placed on final passage. A motion was made by Councilman Jim Penfold to accept the Substitute Bill 2008 -16 which was previously distributed to the Council, which awarded the bid and contract to Kauffman Enterprises rather than Concrete Engineering, LLC. Motion was seconded by Councilman Mike Harvey, and approved unanimously. Bill 2008 -16 was then passed, as substituted, by the following roll -call vote as Ordinance 14365: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -17, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION REGULAR COUNCIL MEETING JUNE 2, 2008 10 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (A), (FIFTY -FIVE MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON LORENZO GREEN DRIVE AND A PORTION OF HIGHWAY 179; AMENDING SUBPARAGRAPH H (SIXTY MILES PER HOUR), PERTAINING TO PORTIONS OF HIGHWAY 179 AND ROUTE B. Bill 2008 -17 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14366: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2008 -18, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 28 (FOOD SERVICE), OF THE CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 28 -2 PERTAINING TO FEES. Councilman Kenneth Ferguson requested that Bill 2008 -18 be placed on the Informal Calendar at this time. Bill 2008 -19, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAK CONSTRUCTION, LLC FOR BASIN 17 SEWER REHABILITATION. Bill 2008 -19 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14367: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None RESOLUTIONS RS2008 -7 Renewal of Contract with Stokes Electric for Electrical Maintenance Services (Koon) A motion was made by Councilman Kenneth Ferguson for adoption, seconded by Councilwoman Cindy Layton, and approved unanimously. REGULAR COUNCIL MEETING JUNE 2, 2008 11 RS2008 -8 Renewal (year 2) of Contract with Cole County Industries for Concrete and Concrete Products (Koon) A motion was made by Councilman Rich Koon for adoption, seconded by Councilman Kenneth Ferguson, and approved with Councilman Dan Klindt abstaining. RS2008 -9 Renewal of Contract with A. J. Gallagher & Co. For Excess Workers' Compensation Insurance (Koon) A motion was made by Councilman Rich Koon for adoption, seconded by Councilwoman Cindy Layton, and approved unanimously. SCHEDULED REPORTS No reports were given at this time. NEW BUSINESS There was no new business brought forward at this time. UNFINISH ED BUSINESS There was no unfinished business brought forward at this time. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Dan Klindtforadjournment, seconded by Councilwoman Cindy Layton, and approved unanimously at 8:30 P.M.