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HomeMy Public PortalAbout20070507REGULAR COUNCIL MEETING MAY 7, 2007 CALL TO ORDER 1 The Regular Council Meeting of May 7, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CA The following Council Members were present for the roll call: Present: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: None A quorum was declared present. SPECIAL PRESENTATION Mayor John Landwehr presented a plaque to Mr. Cotton Walker in appreciation for his service to the City as Interim Municipal Judge during the period that former Judge Mark Richardson took office as Cole County Prosecutor until the city's newly - elected Municipal Judge, Marshall Wilson, took office in April, 2007. Judge Walker thanked the Mayor for the plaque and the opportunity to serve the City in this capacity. ELECTION OF PLANNING & ZONING REPRESENTATIVES Mayor John Landwehr opened the floor for nominations for Representative and Alternate Representative to the Planning and Zoning Commission, who will also serve as liaison to the Board of Adjustment. Councilman Kevin Brown nominated Councilman Dan Klindt as Representative, and Councilman Mike Harvey as Alternate Representative. The motion was seconded by Councilman Rich Koon. There being no further nominations made, a motion was made by Councilman Jim Penfold to elect the two nominees by acclamation, seconded by Councilman Kenneth Ferguson, and approved unanimously. MINUTES AND REPORTS ',RECEIVED AND FILED REGULAR COUNCIL MEETING MAY 7, 2007 2 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. Planning & Zoning Commission, March 8, 2007 b. CAMPO Board of Directors, March 28, 2007 c. Housing Authority Board of Commissions, March 20, 2007 d. Environmental Quality Commission, March 15, 2007 e. Committee on Administration, February 6, 2007 f. Historic Preservation 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. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Proclamation - National Women's Health Week — Ms. Tuck VanDyne, MPA, Chief Office of Women's Health, Missouri Department of Health and Senior Services, was present to accept the proclamation, and made brief comments about the importance of awareness of this issue. Following her comments, the proclamation was read by Mayor John Landwehr and presented to Ms. Van Dyne. City Administrator Steve Rasmussen announced that a City Council Work Session will be held on Monday, May 14, 5:30 -7:00 P.M. to discuss three issues: (1) A report from ITS Director Bill Betts on the telephone system, (2) a report from Randy Allen on the Highway 50 Partnership, and (3) a report from Stu Murphy on the Human Relations Commission. APPOINTMENTS BY THE MAYOR The following appointments were recommended by Mayor John Landwehr for Council approval: Appointments to Jefferson City Police Department REGULAR COUNCIL MEETING MAY 7, 2007 3 1. Albert Grieve - Police Officer 2. Zachary Cobb - Police Officer 3. Lisa Merhoff - Communications Operator Following an introduction of Ms. Merhoff and Mr. Grieve to the Mayor and City Council by Police Chief Roger Schroeder, a motion was made by Councilman Kevin Brown for approval of the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously. City Council Committee were recommended as follows: 1. Administration Committee Council Members Crane, Ferguson, Layton, Medin, and Penfold Finance Committee Council Members Brown, Ferguson, Koon, Medin, and Smith Public Safety Committee Council Members Brown, Crane, Harvey, Klindt and Koon Public Works & Planning Committee Council Members Harvey, Layton, Klindt, Penfold, and Smith A motion was made by Councilman Kenneth Ferguson for approval of the appointments as recommended, seconded by Councilman Ron Medin, and approved unanimously. Mayor John Landwehr announced that he will be making appointments of Council liaisons to boards and commissions at the May 21 Council meeting, and asked the Council to review a draft he has prepared of those appointments. He asked the Council to contact him before the next meeting if anyone would like to change any of those recommended appointments, but, otherwise, he will be prepared to ask for approval of those appointments on May 21. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Susan Green, Emergency Coordinator, City /County, was asked to update the public on the potential flooding situation which will occur in our region. Ms. Green gave information which she has received from the National Weather Service and local Red Cross offices. City Administrator Steve Rasmussen gave an update on the flooding situation from the City's perspective, and answered questions from the Mayor and Council. REGULAR COUNCIL MEETING MAY 7, 2007 4 Mayor John Landwehr turned the chair over to President Pro Tempore Kevin Brown at this time so he could leave the Council Chambers for a few minutes to attend to an urgent matter. President Pro Tempore Kevin Brown assumed the chair at this time. Michael J. Oldelehr, CPA & Heidi A. Chick, CPA, with Williams Keepers LLC were present to make a presentation. Ms. Chick was asked to come forward and make her presentation on the following three topics: 1. City's Comprehensive Annual Financial Statement (CAFR) for the FY2005- 2006 2. Williams Keepers Management Letter 3. Communication of Audit - Related Matters During Ms. Chick's presentation, Mayor John Landwehr returned to the Council Chambers after a five - minute absence to assume the chair. At the conclusion of the presentation, Mayor Landwehr indicated that if the Council has questions about the audit information which they received on Thursday, they should get those questions to Finance Director Steve Schlueter to compile and relay those to Williams Keepers, and distribute the answers back to the Council. He stated that if the Council wished to have the auditors to appear again at the May 21 Council meeting, the auditors have stated they would be able to accommodate that request. Community Development Director Pat Sullivan gave an update on the storm water runoff issue at the Schepker Farm development. He stated the developerwas informed of the city's concerns and made recommendations to him to address those concerns. He indicated that the developer agreed with staff's recommendations and that he will attempt to have those recommendations implemented within two weeks. Councilman Kevin Brown asked for Mr. Sullivan to share the staff's specific recommendations which the developer agreed to implement with the rest of the Council in the next few days. PRESENTATIONS FROM THE GALLERY Ms. Sue Gibson, 310 Berry Street, made a presentation regarding city bus service, and recommended her personal suggestions for improving the city's public bus service to citizens. Following her presentation, Mayor John Landwehr thanked Ms. Gibson for her comments and asked that staff make arrangements to provide her a copy of the Transportation Study which was recently conducted for the Transportation / Transit Division. Mr. Terry Armour, 1915 Brady Drive, made a presentation regarding a proposed development on Eastland Drive which affects residents on Brady Drive. He stated his concerns with that project would involve a street at the back of his property which he believes violates an oral agreement between the developer of his subdivision and the owner of the property in question. Mr. Armour answered questions asked by the Council. In answer to a question asked by City Counselor Nathan Nickolaus, Mr. Armour stated that he did not believe a written version of the agreement he referenced had ever existed. REGULAR COUNCIL MEETING MAY 7, 2007 5 Mr. John Kuebler, 3204 Pembroke Square, made a presentation as legal counsel on behalf of Mr. Louis Vetter, owner of the property spoken of by Mr. Armour in the previous presentation. Mr. Kuebler stated he would like to see Mr. Vetter and the Brady Street residents reach an agreement regarding this issue, and reminded the Council that tonight's bill is addressing only the issue of rezoning, not the street which Mr. Armour stated is the issue with which the residents are concerned. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of April 13, April 16, April 19, and April 21, 2007, 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 Bill 2007 -4, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, IMPLEMENTING A CRIMINAL BACKGROUND CHECK FOR ALL CITY OF JEFFERSON CITY EMPLOYEES; AND FIXING AN EFFECTIVE DATE. Bill 2007 -5, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR CONSTRUCTION OF THE HIGH STREET HANDICAPPED RAMP AND ADAMS STREET CROSSWALK. Councilman Brian Crane asked for a memo giving the analysis of the different locations of these improvements. Bill 2007 -6, sponsored by Councilman Layton, 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 77.28 ACRES FROM RU RURAL USE TO C -2 GENERAL COMMERCIAL, LAND LOCATED SOUTH OF THE PROPERTY ADDRESSED AS 2653 FROG HOLLOW ROAD, LOCATED IN PART OF SECTIONS 14 AND 15, TOWNSHIP 44 REGULAR COUNCIL MEETING MAY 7, 2007 6 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Councilman Kevin Brown asked that the same consideration be given to the homes in this area that were given in the Fainwood Subdivision. Bill 2007 -7, sponsored by Councilman Layton, 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 3.7 ACRES FROM RS -2, RS -3, RD AND PUD TO C -1 NEIGHBORHOOD COMMERCIAL, FOR PROPERTY LOCATED AT 904 EASTLAND DRIVE LOCATED IN PART OF LOTS 2 AND 3 AND ALL OF LOTS 4, 5 AND 6 OF SCHOTTHILL WOODS SUBDIVISION, SECTION ONE, AND PART OF RESERVED TRACT B OF CYPRESS POINT SUBDIVISION, SECTION TWO, JEFFERSON CITY, COLE COUNTY, MISSOURI. City Planner Janice McMillan answered several questions of the Council regarding this issue. When asked whether staff was aware of any kind of agreement as mentioned by Mr. Armour during his previous presentation, Ms. McMillan stated she was not aware of such an agreement. At 8:20 P.M., Mayor John Landwehr called for a ten - minute recess. When the meeting reconvened at 8:30 P.M., the following Council members were present: Present: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: None Bill 2007 -8, sponsored by Councilman Layton, 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 4.43 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF MISSOURI BOULEVARD AND HIGHWAY 179 AND AT THE INTERSECTION OF TOMLEE ROAD AND SOUTH TEN MILE DRIVE, LOCATED IN LOTS 21, 22 AND PART OF LOTS 23 AND 24 OF KENBORG HILLS SUBDIVISION AND SIX METES AND BOUNDS PARCELS LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44, RANGE REGULAR COUNCIL MEETING MAY 7, 2007 7 12, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2007 -9, sponsored by Councilman Layton, 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 0.45 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY LOCATED AT 603 HEISINGER ROAD LOCATED IN PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -10, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS EXCAVATING COMPANY, INC. FOR YARD WASTE DROP OFF AND COMPOSTING SERVICES. Bill 2007 -11, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, SECTION 21 -9 BY SETTING AN ADMINISTRATIVE FEE FOR THE COST OF ABATING NUISANCES. Bill 2007 -12, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS), SECTION 4 (DEFINITIONS), OF THE CODE OF THE CITY OF JEFFERSON BY ADDING A DEFINITION FOR THE TERM "HARBOR ". City Counselor Nathan Nickolaus stated that a Substitute Bill 2007 -12 had been distributed to the Council on Friday following the "Brown Bag" meeting which corrected some errors in the bill. A motion was made by Councilman Jim Penfold to accept the Substitute Bill 2007 -12, seconded by Councilman Kenneth Ferguson, and approved unanimously. Bill 2007 -13, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 21, IN REGARDS TO WEEDS REGULAR COUNCIL MEETING MAY 7, 2007 8 Bill 2007 -14, 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 APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2007 -15, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH COUNTY OF COLE AND JEFFERSON CITY AREA CHAMBER OF COMMERCE. BILLS PENDING Bill 2007 -1, 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 APPROPRIATING ADDITIONAL FUNDS WITHIN THE CAPITAL IMPROVEMENTS SALES TAX "D" FUND FOR AN EXTENSION OF THE CITY GREENWAY TRAIL SYSTEM. Bill 2007 -1 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14190: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -2, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR CONSTRUCTION OF THE FAIRGROUNDS ROAD AND COUNTY PARK GREENWAY TRAIL PROJECT. Bill 2007 -2 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14191: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None REGULAR COUNCIL MEETING MAY 7, 2007 9 Bill 2007 -3, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES, INC. FOR CONSTRUCTION OF THE ANDERSON, BOONVILLE, OAKVIEW, RIDGWAY STORMWATER PROJECT. Bill 2007 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14192: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None RESOLUTIONS (a) RS2007 -5 Support of Transportation Enhancement Application for Greenway Trail & Sidewalk Projects (MEDIN, Crane, Harvey, Layton, and Smith) A motion was made by Councilman Kevin Brown for adoption of RS2007 -5, seconded by Councilman Dan Klindt, and approved unanimously. SCHEDULED REPORTS There were no reports brought before the Council at this time. NEW BUSINESS Mayor John Landwehr reported a pre- annexation meeting which occurred with Mr. Tom Pieper and about 10 -15 others went very well, in his opinion, and that the city plans to continue having such meetings to discuss issues and address any questions or concerns by those who might be affected by annexations. APPROVAL OF CLOSED SESSION April 21, 2007, Closed Session - A motion was made by Councilman Mike Harvey to approve the minutes, seconded by Councilman Kenneth Ferguson, and approved REGULAR COUNCIL MEETING MAY 7, 2007 10 unanimously. RECESS TO HO L© COUNCIL COMMITTEE MEETINGS Mayor John Landwehr announced that the Council would take a recess at this time to allow the four Council Committees to convene for the purpose of electing officers and schedule meetings. Following those brief meetings, the Council will reconvene in open session to take a vote to go into Closed Session. The meeting recessed at 9:00 P.M. The meeting reconvened at 9:15 P.M. GO INTO CLOSED SESSION Mayor John Landwehr stated that, Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: a. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Kevin Brown to go into Closed Session, seconded by Councilman Ron Medin, and approved unanimously by the following roll -call vote at 9:15 P.M.: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None