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HomeMy Public PortalAbout20081215REGULAR COUNCIL MEETING DECEMBER 15, 2008 1 CALL TO ORDER The Regular Council Meeting of December 15, 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, Layton, Medin, Penfold, Randolph, and Scrivner Absent: Koon A quorum was declared present. Mayor John Landwehr announced recent changes in the order of the agenda items pertaining to Presentations from the Gallery, and asked if anyone who had not signed up on the list at the door also wished to speak. Mayor Landwehr also expressed condolences on behalf of the Mayor and City Council on the death of Councilman Rich Koon's father this week. PUBLIC HEARINGS Preliminary PUD Plan for Property Addressed as 3507 Amazonas Drive - A staff presentation was given by City Planner Janice McMillan explaining the background of the PUD plan. Following the conclusion of her presentation, the following persons came forward to testify on the issue: In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated he would be willing to answer any questions the Council might have. No questions were asked. There being no further persons presenting 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. REGULAR COUNCIL MEETING DECEMBER 15, 2008 2 Bill 2008 -100, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3507 AMAZONAS DRIVE; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -100 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14448: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None 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. Board of Adjustment, November 18, 2008 CAMPO Technical Committee, October 2, 2008 FY2008 Unified Planning Work Program 4th Quarter and Annual Report (on file in the City Clerk's office) FY2008 Report of Annual Listing of Obligated Projects (on file in the City Clerk's office) Transportation & Traffic Commission, November 6, 2008 October 2008 Finance Reports Historic Preservation Commission, November 18, 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 reported that the Committee met on Wednesday, December 3 and that the appointments which appear on tonight's agenda as well as other items were discussed. REGULAR COUNCIL MEETING DECEMBER 15, 2008 3 Finance Committee - Vice - Chairman Councilwoman Carrie Carroll announced that next meeting will be held on Friday, January 16 immediately following the Brown Bag Work Session. She asked Finance Director Steve Schlueter for an update on the 9 -1 -1 contract with the County. Mr. Schlueter reported that he has been informed by the County Auditor, Jim LePage, that he will not issue a check in payment of 9 -1 -1 services without a contract. City Counselor Nathan Nickolaus stated that the City sent the contract to the County Commission last May but has not signed and returned it. Several questions were asked and staff was directed to resolve this issue since the current contract will expire on December 31 Public Safety Committee - Councilman Mike Harvey announced that due to the Holiday season, no meeting is currently scheduled. Following discussion a meeting was scheduled for December 29 immediately following the Brown Bag meeting. Public Works & Planning Committee - Councilman Jim Penfold announced that the next meeting will be held on December 18 at 7:45 A.M. Ad Hoc Committees, if any: Councilman Dan Klindt made a brief report on the status of the city / county ambulance advisory committee. He has recently been elected as Chairman and said he would make regular reports to the Council as the issue progresses. He announced the next meeting will be held on December 18 at 5:30 P.M. in the County Commission chambers. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: Appointments to Police Department: 1. Police Officer: (1) Joseph "Ben" Stow (2) Benjamin Pruett 2. Communications Operator (1) Jennifer DeGraffenreid Following introduction of nominee Benjamin Pruett by Police Chief Roger Schroeder, a REGULAR COUNCIL MEETING DECEMBER 15, 2008 4 motion was made by Councilman Dan Klindt for approval of the Police appointments as presented, seconded by Councilman Jim Penfold, and approved unanimously. REGULAR COUNCIL MEETING DECEMBER 15, 2008 5 City Boards and Commissions Board / Commission Appointment Expires Term FuII /Partial CVB: Sherry Mariea Dec. 2011 Full Denise Kinard Dec. 2011 Full Historic Preservation: Tom Sater Dec. 2011 Full Danny Engle Dec. 2011 Full A motion was made by Councilman Ron Medin for approval of the appointments as presented, seconded by Councilman Jim Penfold, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS City Administrator Steve Rasmussen made a presentation on two recently completed projects within the City: The Locust Street / Lincoln University project, and the County Park section of the Greenway trail. He indicated he will be making regular reports to the public and the Council on projects as they are completed to keep them informed of progress. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: (a) Minutes of December 1 and December 8, 2008 City Council Meetings A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda as presented, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED REGULAR COUNCIL MEETING DECEMBER 15, 2008 6 Bill 2008 -104, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SPRINGBROOK SOFTWARE FOR PUBLIC SECTOR FINANCIAL MANAGEMENT SOFTWARE. Bill 2008 -105, sponsored by Councilman Medin, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING A METHOD FOR, AND LIMITATIONS ON, USER FEE ADJUSTMENTS. Bill 2008 -106, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR COMMERCIAL VEHICLE STOP EXEMPTION AT A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF BOLIVAR AND MCCARTY STREETS AND THE UNION PACIFIC RAILROAD SPUR. Bill 2008 -107, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN STP URBAN FUNDING AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE TANNER BRIDGE AND ELLIS INTERSECTION IMPROVEMENT PROJECT. Bill 2008 -108, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN STP URBAN FUNDING AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE STADIUM, LESLIE, AND LAFAYETTE INTERSECTION IMPROVEMENT PROJECT. Mayor John Landwehr asked for an update on the funds that are still remaining in Sales Tax D to see what projects are left. Bill 2008 -109, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER FUND. REGULAR COUNCIL MEETING DECEMBER 15, 2008 7 Bill 2008 -110, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, EXECUTING A CHANGE ORDER TO A CONSTRUCTION CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE BASIN 17 REHABILITATION. Bill 2008 -111, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. BILLS PENDING Bill 2008 -97, 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 PORTIONS OF SKY VIEW DRIVE. Bill 2008 -97 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14446: Aye: Carroll, Ferguson, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: Harvey Bill 2008 -99, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND VAUGHN CONSTRUCTION FOR GREASE AND SEPTAGE ACCEPTANCE BUILDING. Bill 2008 -99 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14447: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None REGULAR COUNCIL MEETING DECEMBER 15, 2008 8 Bill 2008 -101, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF CEDAR WOODS ON THE CREEK SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -101 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14449: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -102, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY CONVENTION AND VISITORS BUREAU, INC. Bill 2008 -102 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14450: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -103, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY FOR PAYMENT OF THE ENGINEERING COSTS FOR THE HIGHWAY 179 PROJECT TO MoDOT. Bill 2008 -103 was read third time by title and placed on final passage. City Counselor Nathan Nickolaus explained the substitute bill which was distributed in the last Council packets contracts received by the City this afternoon which he just distributed before this meeting started. Mayor John Landwehr stated if the Council wished to take up this bill after a brief recess in the proceedings to allow them to read over the contracts more thoroughly before voting on the issue. He stated the Council could table this bill and move on to other items, then recess and come back to the bill after the recess. City Counselor Nathan Nickolaus stated it would be acceptable to do this. INFORMAL C ALENDAR REGULAR COUNCIL MEETING DECEMBER 15, 2008 9 There were no items brought before the Council at this time. RESOLUTIONS RS2008 -36 Renewal (Year 2) Contract with New World Recycling for Transportation & Recycling of Materials (Medin) Staff: Charlie Lansford Following a brief question and answer period, a motion was made by Councilman Jim Penfold for adoption of RS2008 -36 as presented, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None PRESENTATIONS FROM THE GA ERY ON OTHER TOPICS Mr. Leonard Steinman, 2217 W. Edgewood, made statements regarding an issue with sewer backup at his property on Lincoln Street. Mr. Joe Wilson, 422 Oberman Place, made comments regarding an article in the News Tribune regarding the proposed animal ordinance, specifically the issues of micro - chipping and a spay / neuter program. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Jim Penfold asked the staff questions regarding the Southwest Boulevard striping project. City Engineer Matt Morasch reported that the project is now completed. Questions were asked of Staff regarding Mr. Steinman's presentation, after which staff was directed to provide information to the Council and Mr. Steinman on this issue. SCHEDULED REPORTS No reports were scheduled to be presented at this time. NEW BUSINESS REGULAR COUNCIL MEETING DECEMBER 15, 2008 10 Mayor John Landwehr stated the Council will be hearing more after the first of the year on the issue of cooperation between the City and County elected officials. He stated that Presiding Commissioner Marc Ellinger had sent him a letter and requested to make a presentation at the January 5 Council Meeting on this issue. UNFINISHED BUSIN ESS There was no unfinished business brought forward at this time. RECESS Mayor John Landwehr called for a recess at 7:55 and stated the Council will reconvene at 8:10 to take up Pending Bill 2008 -103. RECONVENE The Council was reconvened at 8:10 P.M. by Mayor John Landwehr with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Absent: Koon BILLS PENDING Bill 2008 -103, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY FOR PAYMENT OF THE ENGINEERING COSTS FOR THE HIGHWAY 179 PROJECT TO MoDOT. Roll -call vote was then taken on Bill 2008 -103 as previously read for the third time by title, REGULAR COUNCIL MEETING DECEMBER 15, 2008 11 and was passed by the following roll -call vote as Ordinance 14451: Aye: Carroll, Ferguson, Harvey, Klindt, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None ADJOURN MENT As no further business was brought forward at this time, a motion was made by Councilman Dan Klindt for adjournment, seconded by Councilman Jim Penfold, and approved unanimously at 8:11 P.M.