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HomeMy Public PortalAbout20080818REGULAR COUNCIL MEETING AUGUST 18, 2008 1 CALL TO ORDER The Regular Council Meeting of August 18, 2008, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph 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. AMENDMENTS TO THE AGENDA A motion was made by Councilman Jim Penfold, seconded by Councilman Dan Klindt, to amend the agenda by taking up items (d) and (e) under the Public Hearings portion of the agenda ahead of items (a), (b), and (c), in case there were several people present to speak on those issues. The motion to amend the agenda was approved unanimously. A motion was then made by Councilman Mike Harvey, seconded by Councilwoman Cindy Layton, to amend the agenda by the addition of Resolution RS2008 -21 which was distributed at tonight's Council pre- meeting, and to take up both that Resolution and Bill 2008 -44 immediately following the public hearing portion of the agenda pertaining to the tax levy. The motion was approved unanimously. PUBLIC HEARINGS (d) Rezoning 2.5 Acres on 3030 Route J from RU to RS -1 City Planner Janice McMillan made a staff presentation giving details of the requested REGULAR COUNCIL MEETING AUGUST 18, 2008 2 rezoning. Following her presentation, no one came forward to speak in favor of, or opposition to, the proposed rezoning. 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. Bill 2008 -32, 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 2.54 ACRES FROM RU RURAL USE TO RS -1 SINGLE FAMILY RESIDENTIAL, FOR LAND ADDRESSED AS 3030 ROUTE J, DESCRIBED AS PART OF SECTION 29, TOWNSHIP 44 NORTH, RANGE 10 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -32 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14380: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None (e) Preliminary PUD Plan for 3421 W. Truman Blvd. City Planner Janice McMillan made a staff presentation giving details of the PUD plan. She also explained the clerical error in the address which was previously distributed, and explained that the correct property was described, and posted, for the proceedings. She indicated a substitute bill has been distributed which corrects the address from 3421 W. Truman to 3241 W. Truman Blvd. Following the staff presentation, the following persons came forward to speak on the issue: Mr. Mike Bates, Central Missouri Professional Services, stated he did not have a presentation, but that he would be happy to answer any questions that the Council might have. There being no further persons coming forward to offer testimony on the issue, 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. Bill 2008 -33, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3421 WEST TRUMAN BOULEVARD; DESCRIBED AS LOT 11 OF SMITH PLACE ADDITION, SECTION 2, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING AUGUST 18, 2008 3 Bill 2008 -33 was read third time by title and placed on final passage. A motion was made by Councilman Dan Klindt to accept the Substitute Bill 2008 -33 which was previously distributed, seconded by Councilman Mike Harvey, and approved unanimously. Bill 2008 -33 was then passed, as substituted, by the following roll -call vote as Ordinance 14381: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Mayor John Landwehr stated that he noticed a Boy Scout who had just entered the auditorium and asked him to identify his troop number and let the Council know what he was working on. A Scout from Troop 1 stated he is attending the meeting to work on his Citizenship in the Community Badge. Mayor John Landwehr welcomed him. Mayor John Landwehr asked Finance Director Steve Schlueter to present the three items pertaining to the city's finances all together since they are interrelated, and citizens who wish to speak on any one of all three of the issues may do so after he has introduced the items: (a) 2008 -2009 City Budget (b) 2008 -2009 Gross Receipts Utility Tax (c) 2008 Property Tax Levy On items (a) and (b), Finance Director Steve Schlueter made a brief staff presentation indicating that the Council has been given the Mayor's proposed budget, and that in the next several weeks, the Council will meet to finalize the budget. He stated that the Gross Receipts Utility Tax will remain at the same level it has for the past several years. On item (c), City Administrator Steve Rasmussen gave an overhead power point presentation outlining the City's proposed resolution to the need for ambulance services within the City and County. Following his presentation, he answered several questions asked by Council Members. Following staff's presentations, the following persons came forward to speak on the issues: Mr. Mike Schultz, 3903 Oxford Road, spoke on behalf of the Firefighters Local Union 671 in support of a firefighter- assisted ambulance service as proposed by the City. Mr. Wayne Lee, 101 Amador, stated that he encouraged anyone operating an ambulance service to watch for the medical alert bracelets which might indicate that an ambulance is not necessarily needed and could, thus, save money. REGULAR COUNCIL MEETING AUGUST 18, 2008 4 Mr. Duane Schreimann, 603 Turnberry Drive, stated that the proposed increase to the property tax levy is justified in this instance so that the City and County can continue to receive the ambulance coverage as in the past. He stated that the County's proposal of a half -cent sales tax levy would raise about $5 million when only about $800,000 is actually needed. Mr. Leonard Steinman, 2217 W. Edgewood, stated that ambulance service needs to continue. Mr. Frank Rycyk, 406 Chestnut, made comments regarding the city's budget. He stated he would like to see a line item added to the budget to allow for a $100 donation to the Police Youth Corps program, and urged Council to further consider funding that organization with additional revenue. There being no further testimony presented at this time, Mayor John Landwehr announced the Council will now take up Bill 2008 -44, and Resolution RS2008 -21, both of which pertain to the three items just previously discussed. Bill 2008 -44, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2008. Bill 2008 -44 was read third time by title and placed on final passage. Councilman Rich Koon made a motion to accept the Substitute Bill 2008 -44 which was previously distributed to the Council, seconded by Councilman Mike Harvey, and approved unanimously. Following discussion, Bill 2008 -44 was then passed, as substituted, by the following roll -call vote as Ordinance 14392: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: Randolph Resolution RS2008 -21, Supporting a Countywide Ambulance Service - A motion was made by Councilman Dan Klindt, seconded by Councilman Mike Harvey, to adopt Resolution RS2008 -21. A motion was made by Councilman Ron Medin to amend Resolution RS2008 -21 by changing the word "preferable" to "a reasonable" in the last "WHEREAS" clause. The motion to amend was seconded by Councilman Dan Klindt, and approved unanimously by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None REGULAR COUNCIL MEETING AUGUST 18, 2008 5 REGULAR COUNCIL MEETING AUGUST 18, 2008 6 Resolution RS2008 -21 was then adopted, as amended, by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Councilman Brian Crane asked if the Council would re -adopt this Resolution after a new Council is elected next April. Mayor John Landwehr asked that the item be placed on the agenda for the first meeting after the seating of the new Council in 2009 to be re- adoption. MISCELLANEOUS AGENDA ITEMS Recognition of Two City Employees: City Administrator Steve Rasmussen stated that two city employees have recently been publicly recognized for their participation in a community event which he would like to bring to the Mayor's and Council's attention. He stated the two employees are from the Fire Department and Police Department, and that he would like those two departments to give a few more details. He first introduced Fire Chief Rennick, and that after Chief Rennick is finished, Captain Bob Cynova will handle the Police Department recognition in the absence of Chief Schroeder. Fire Chief Bob Rennick introduced Fire Fighter Ryan Carrender and stated that he had recently participated in a fund raising event for the Boys' and Girls' Club, and commended Mr. Carrender on his outstanding performance and contribution to the organization's efforts to raise funds for such a worthy cause. Captain Bob Cynova introduced Captain Doug Shoemaker, and stated that Captain Shoemaker had single - handedly raised about $12,000 for the Boys' and Girls' Club and indicated that the Department is very proud of his accomplishments. Mayor John Landwehr commended both employees and thanked them for going above and beyond the duties of their jobs to help make the community a better place. Preserve America Award: Mayor John Landwehr asked Councilman Kenneth Ferguson to announce an award event in St. Louis which Councilman Ferguson attended in his capacity as President Pro Tempore on behalf of the city. Councilman Ferguson stated that the City has been awarded the distinguished designation of a "Preserve America" award which was given to only ten cities in the state. It was issued, and signed, by First Lady Laura Bush. Mayor Landwehr thanked Councilman Ferguson for attending this important ceremony and representing the City. MINUTES AND REPORTS RECEIVED AND Fl ED 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. REGULAR COUNCIL MEETING AUGUST 18, 2008 7 Public Safety Committee, July 18, 2008 Housing Authority Board of Commissioners, June 24, 2008 JeffTran Focus Group, July 29, 2008 CAMPO Technical Committee, July 10, 2008 Public Hearing for Mural Permit, August 7, 2008 Human Relations Commission, July 10, 2008 Parks & Recreation Commission, July 8 and July 29, 2008 Historic Preservation Commission, July 8, 2008 USS Jefferson City Submarine Committee, April 15 and May 6, 2008 Mayor Landwehr thanked citizens who serve on the various City boards and commissions for their time and effort to make Jefferson City a better place to live. COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin announced that the Committee meet on Wednesday, August 6. Finance Committee - Councilman Rich Koon announced that the Committee will have its first Budget work session Wednesday, August 20 at 5:30 P.M. in the Boone - Bancroft Room. Public Safety Committee - Councilman Mike Harvey announced that the next meeting will be held on Friday, August 29, immediately following the Brown Bag Work Session. Public Works & Planning Committee - Councilman Jim Penfold announced that the Committee will meet on Thursday, August 21 at 7:45 A.M. Ad Hoc Committees, if any: Councilman Rich Koon announced that the Visitors' Center RFP will go out on September 2. Mayor John Landwehr requested that the final version of that RFP go out to the full Council in advance of it being sent out to make sure everyone has seen it in case there is any input. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Brian Crane announced that the Conference Center Design and Construction Committee plans to meet at 4:00 P.M. on Thursday, August 21, in the Boone - Bancroft REGULAR COUNCIL MEETING AUGUST 18, 2008 8 Room. APPOINTMENTS BY THE MAYOR Appointments of Councilwoman Anita Randolph to Committees and Liaisons: Council Standing Committees (1) Finance Committee (2) Public Works & Planning Committee 2. Liaisons to Boards and Commissions (1) Parks and Recreation Commission (2) USS Jefferson City Submarine Committee 3. Ad Hoc Committees (1) Mill Bottom Site Committee (2) Committee on the Arts A motion was made by Councilman Ron Medin, seconded by Councilman Kenneth Ferguson, to approve the appointments as recommended. Motion was approved unanimously. Appointments to City Boards and Commissions Board / Commission Appointee Expires Term Type Board of Adjustment: Bill Luebbert Sept. 2012 Partial Glenn Bonner (Alt.) Sept. 2009 Full USSJC Submarine Committee John O'Connell May 2010 Partial A motion was made by Councilman Ron Medin, seconded by Councilman Jim Penfold, to approve the appointments as recommended. Motion was approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations made at this time. REGULAR COUNCIL MEETING AUGUST 18, 2008 9 PRESENTATIONS FROM THE GALLERY Mr. Wayne Lee, 101 Amador, stated he would like to see bus service extended to hours which would permit citizens who do not drive to attend City Council meetings. He stated that he believed that extending the hours would increase ridership on the city buses. Mr. Joe Wilson, 422 Oberman Place, stated he believed he was in error in some of the statements he made during his presentation at the August 4 Council meeting regarding his recent incarceration. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no Council comments made at this time. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of August 1 and August 4, 2008, City Council Meetings A motion was made by Councilman Kenneth Ferguson to approve the Consent Agenda as presented, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2008 -45, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MID -STATE PIPELINE MAINTENANCE FOR SCUM EQUIPMENT INSTALLATION. Bill 2008 -46, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING BUDGETAND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2008, TO OCTOBER 31, 2009, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT REGULAR COUNCIL MEETING AUGUST 18, 2008 10 DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 2008 -47, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. BILLS PENDING Bill 2008 -34, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF MISSOURI CREDIT UNION SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -34 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14382: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -35, sponsored by Councilman Penfold, 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, 2008 TO SEPTEMBER 30, 2009. Bill 2008 -35 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14383: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -36, sponsored by Councilman Penfold, entitled: 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 HIGHWAYAND TRANSPORTATION COMMISSION. REGULAR COUNCIL MEETING AUGUST 18, 2008 11 Bill 2008 -36 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14384: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -37, sponsored by Councilman Medin, 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, PERTAINING TO A PORTION OF STONE HILL ROAD. Bill 2008 -37 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14385: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -38, sponsored by Councilman Medin, 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); AND SCHEDULE H (YIELD SIGNS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MULBERRY STREET. Bill 2008 -38 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14386: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -39, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF CHRISTY DRIVE AND JEFFERSON STREET. Bill 2008 -39 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14387: REGULAR COUNCIL MEETING AUGUST 18, 2008 12 Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -40, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2008 -40 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14388: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -41, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DEDICATING UTILITY EASEMENTS ON CITY PARKING LOT 12 TO AMEREN UE. Bill 2008 -41 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14389: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -42, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MIDWEST BREATHING AIR, LLC FOR BREATHING AIR SYSTEM SERVICE AGREEMENT. Bill 2008 -42 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14390: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -43, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 REGULAR COUNCIL MEETING AUGUST 18, 2008 13 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2008 -43 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14391: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None *see Public Hearings above for Bill 2008 -44 RESOLUTIONS RS2008 -18 Adopting 2008 -2009 Disadvantaged Business Enterprise (DBE) Goal (Koon) A motion was made by Councilman Mike Harvey for adoption of RS2008 -18, seconded by Councilman Dan Klindt, and approved unanimously by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None RS2008 -19 Creation of Old Town Development Corporation (Medin) A motion was made by Councilman Ron Medin for adoption of RS2008 -19 as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None RS2008 -20 Approving Project for Capital Region Medical Center (Klindt) A motion was made by Councilman Dan Klindt for adoption of RS2008 -20 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None REGULAR COUNCIL MEETING AUGUST 18, 2008 14 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. APPROVAL OF CLOSED SESSION MINUTES August 4, 2008 Closed Session minutes - Mayor John Landwehr announced that at the request of a Council Member, the approval of these minutes will be deferred to the September 2 Council meeting. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilwoman Cindy Layton for adjournment, seconded by Councilwoman Anita Randolph, and approved unanimously at 7:50 P.M.