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Home My Public Portal About20080902REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 1 CALL TO ORDER The Regular Council Meeting of September 2, 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, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Absent: Crane 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. MISCELLAN EOUS AGENDA ITEMS 2008 United Way Proclamation - Ms. Linda McAnany introduced Ms. Lori Hoelscher and Mr. Greg Gaffke who made brief presentations regarding this year's United Way campaign. Following their presentation, Mayor John Landwehr read and presented a proclamation to them in appreciation of their efforts to better our community. 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. CAMPO Board, June 18, 2008 REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 2 Planning & Zoning Commission, July 10, 2008 Finance Committee, July 18, 2008 Finance Report for June 2008 Ad Hoc Committee on the Arts, May 19, June 5, June 19, and July 17, 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 will meet on Wednesday, September 3 at 11:30 A.M. Finance Committee - Councilman Rich Koon announced that the Budget Committee will meet at 5:30 September 3, and the Finance Committee will meet on Friday, September 12 immediately following the Brown Bag Work Session. Public Safety Committee - Councilman Mike Harvey announced that the Committee met on Friday, August 29, immediately following the Brown Bag Work Session. Public Works & Planning Committee - Councilman Jim Penfold announced that the Committee met on Thursday, August 21. He announced that a Special Public Works Work Session will be held on September 3 at 3:30 to discuss the issue of sidewalks. Ad Hoc Committees, if any: There were no ad hoc committee reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Ward Three Council Vacancy - Mayor John Landwehr stated that Councilman Brian Crane has tendered his resignation as Third Ward City Councilman effective September 30 to accept a position as City Administrator of Unionville, MO. Following his announcement, a motion was made by Councilman Ron Medin to establish the date for nominations to fill the vacancy to occur at the Monday, October 6, 2008 City Council meeting, and the date of the election of the Council Member for the Monday, October20, 2008 City Council meeting after which the new Council Member will immediately be sworn in and assume the seat on the Council. The motion was seconded by Councilman Dan Klindt and approved unanimously. The City Clerk was asked to coordinate dates for the required public forum which would occur between the October 6 and October 20 meetings. REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 3 APPOINTMENTS BY THE MAYOR There were no appointments brought forward at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations made at this time. PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. 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 11, August 15, and August 18, 2008 City Council Meetings A motion was made by Councilman Mike Harvey to approve the Consent Agenda as presented, seconded by Councilman Dan Klindt, and approved unanimously. BIDS OVER $25,000 Bid 2401 - Parking Enforcement Vehicle, Community Development Dept. (Distributed to Council 8 -14 -2008) MayorJohn Landwehrasked City Administrator Steve Rasmussen to look at Bid 2401 a little more and bring it back to the Council. Bid 2393 - Paving Materials, Community Development Dept. (Distributed to Council 8 -22- REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 4 2008) A motion was made by Councilman Jim Penfold for approval of Bid 2393 as presented, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2008 -48, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2009. Bill 2008 -49, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED AT 1000 SOUTH COUNTRY CLUB DRIVE, IN PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2008 -50, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 1000 SOUTH COUNTRY CLUB DRIVE; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF, SECTION 8, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -51, 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 2.8 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR LAND ADDRESSED AS 3625 MISSOURI BOULEVARD, PROPOSED AS LOT 2 AND PART OF LOT 1, OF MISSOURI HOBBS BUSINESS PARK; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 5 COUNTY, MISSOURI. Bill 2008 -52, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3625 MISSOURI BOULEVARD, LAND PROPOSED AS LOT 2 AND PART OF LOT 1, OF MISSOURI HOBBS BUSINESS PARK; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF, SECTION 9, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -53, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF MISSOURI HOBBS BUSINESS PARK, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -54, 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 1.97 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR LAND ADDRESSED AS 3500 WEST TRUMAN BOULEVARD, PROPOSED AS LOT 1 OF GORDON BROTHERS TRUMAN ACRES SUBDIVISION AND DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -55, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3500 WEST TRUMAN BOULEVARD, PROPOSED AS LOT 1 OF GORDON BROTHERS TRUMAN ACRES SUBDIVISION; DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF, SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -56, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF GORDON BROTHERS TRUMAN ACRES SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 6 Bill 2008 -57, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT # 2 FOR TERMINATION OF WASTEWATER SERVICE. Bill 2008 -58, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT # 4 FOR TERMINATION OF WASTEWATER SERVICE. Bill 2008 -59, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED HRB GENERAL CONTRACTORS, INC. FOR CONSTRUCTION OF A BUS TRANSFER STATION AT 820 E. MILLER STREET. Bill 2008 -60, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 1 (GENERAL PROVISIONS) TO ADD A PROCEDURE TO APPEAL PAYMENT OF FEES, TAXES AND LICENSE CHARGES. Bill 2008 -61, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 (SEWERS) SECTION 143 (BASIS FOR CONSUMPTION) PERTAINING TO THE COMPUTATION OF SEWER SERVICE CHARGES. Bill 2008 -62, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO ACQUIRE CERTAIN PROPERTY BY PURCHASE OR BY CONDEMNATION. BIL S PENDING Bill 2008 -45, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 7 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MID -STATE PIPELINE MAINTENANCE FOR SCUM EQUIPMENT INSTALLATION. Bill 2008 -45 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14393: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None Bill 2008 -46, sponsored by Councilman Koon, 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, 2008, TO OCTOBER 31, 2009, 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 Rich Koon requested that Bill 2006 -46 be placed on the Informal Calendar at this time. 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. Bill 2008 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14394: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None RESOLUTIONS RS2008 -22 Adopting Policy on Litigation Settlement Authority (Koon) A motion was made by Councilman Rich Koon for adoption of RS2008 -22, seconded by Councilman Mike Harvey. A motion was made by Councilman Rich Koon to amend the "Settlement Policy" language of RS2008 -22 as follows: The City Counselor may approve settlements which are not in excess of REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 8 $000$10,000. If the case involves a particular department, the director of that department should be consulted prior to settlement, excepting cases of property damage, sewer back ups, and collection cases. For cases in which the requested settlement is greater than $000$10,000 but less than $75,000$50,000 the city counselor may settle the case with the concurrence of the Risk Manager and the City Administrator. For cases where the proposed settlement is greater than $75,000$50,000 the City Counselor shall have Council approval prior to agreeing to a settlement. The motion to amend was seconded by Councilman Mike Harvey, and approved unanimously. RS2008 -22 was then adopted, as amended, by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None 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 - A motion was made by Councilwoman Cindy Layton to approve the minutes as presented, seconded by Councilman Jim Penfold, and REGULAR COUNCIL MEETING SEPTEMBER 2, 2008 9 approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold, and Randolph Nay: None ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Dan Klindt for adjournment, seconded by Councilwoman Cindy Layton, and approved unanimously at 6:55 P.M.