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HomeMy Public PortalAbout20070604REGULAR COUNCIL MEETING JUNE 4, 2007 CALL TO ORDER 1 The Regular Council Meeting of June 4, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilwoman Jane A. Smith, followed by the Pledge of Allegiance. ROLL CAL 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. Mayor John Landwehr asked for names of those in the audience who wished to add their names to the Presentations from the Gallery list. MINUTES AND REPORTS RECEIVED AND FILED 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. CAMPO Board of Directors, April 25, 2007 b. Environmental Quality Commission, April 19, 2007 c. Finance Committee, May 7, 2007 d. USS Jefferson City Submarine Committee, March 8, 2007 e. Council Committee on Administration, April 13 and May 7, 2007 COUNCIL LIAISON REPORTS Administration Committee - Chairwoman Cindy Layton announced the next meeting will be held Wednesday, June 6 at 11:30 AM. REGULAR COUNCIL MEETING JUNE 4, 2007 2 Finance Committee - Chairman Kenneth Ferguson reminded the Council that budget season is coming up, and that a tentative schedule of budget sessions will be coming out in the near future. The next Finance Committee meeting will be June 15 immediately following the Brown Bag meeting. Public Safety Committee - Chairman Kevin Brown reported the Committee met on June 1 and are well on the way to having a final document revising Chapter 11 of the Code pertaining to Emergency Preparedness and Emergencies. He also stated that no meeting will be held on June 29, but that the committee really cannot afford to wait until the July regular meeting. He stated a meeting may be scheduled between now and June 29. Public Works & Planning Committee - Chairman Dan Klindt reported that the Committee met last week, and announced that the next meeting will be held June 21 at 7:45 A.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Kevin Brown also announced that June 14 is Flag Day, and asked citizens to observe proper flag etiquette. Mayor John Landwehr announced that a ceremony will be held to dedicate the new Patriotic Mural on the west end of the American Legion building located at1423 Tanner Bridge Road on Tuesday, June 12 at 4:00 P.M., followed by their annual Flag Retirement Ceremony at 5:00 P.M. APPOINTMENTS BY THE MAYOR There were no appointments brought forward for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS City Counselor Nathan Nickolaus made a presentation regarding the agreement with Sho -Me Technologies which will allow that company to use the fiber optic which is already present in exchange for Sho -Me connecting the city buildings at no charge. Mr. Kevin Zumwalt made a presentation regarding the 75th Annual Fire Training School. He stated the school has been held in Jefferson City for many years, and will be held here again this year beginning tomorrow, June 5. Mr. Zumwalt explained that the school brings in about $250,000 of revenue each year. REGULAR COUNCIL MEETING JUNE 4, 2007 3 PRESENTATIONS FROM THE GALLERY Mr. Bruce Dawson, 2407 Bald Hill Road, and Ms. Carla Steck, 2100 Hwy. 179, both made a presentation regarding Atelier CMS, Inc., an organization founded by Ms. Steck for the promotion of the arts in the Jefferson City area. Ms. Steck explained how the organization began, and some of its achievements. She suggested that the City form a committee for the arts, and also requested matching funds for the annual Art Inside the Park event. Following her presentation, she answered questions asked by the Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor John Landwehr announced he will be meeting with the Chamber of Commerce to see if the business community would like to help sponsor the arts. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of May 14, May 18, and May 21 2007 City Council Meetings b. Authorizing Extension of Transportation & Recycling Materials Agreement with New world Recycling Company c. Permissive Use of Right -of -Way for 708 E. McCarty Street (Staff: Matt Morasch) Permissive Use of Right -of -Way for 609 Clark Ave. e. Approving Agreement with Sho -Me Technologies, LLC Mayor John Landwehr stated that at the request of Councilman Kevin Brown, item (e) will be removed from the Consent Agenda for individual consideration to allow Councilman Brown to abstain. Items a through d: A motion was made by Councilman Dan Klindt for approval of items a through 3 of the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously. Item (e): A motion was made by Councilman Jim Penfold for approval of Item (e) as presented, seconded by Councilman Kenneth Ferguson, with Councilman Kevin Brown REGULAR COUNCIL MEETING JUNE 4, 2007 4 abstaining. BILLS RECONSIDERED A motion was made by Councilman Mike Harvey, as a member of the side which prevailed in the matter of Bill 2007 -6 at the May 21, 2007 Council Meeting, to reconsider Bill 2007 -6 at this time. The motion was seconded by Councilman Dan Klindt. City Planner Janice McMillan and City Administrator Steve Rasmussen made a brief presentation at the Council's request explaining the rezoning issue. A motion was made by Councilman Brian Crane, seconded by Councilman Kevin Brown, to move the bill to final passage. The Chair ruled that Councilman Crane's motion was out of order since there was already a motion on the floor to reconsider the bill which essentially would accomplish the same as Councilman Crane's proposed motion. Mayor Landwehrthen clarified that the Council will now be voting on Councilman Harvey's original motion to reconsider Bill 2007 -6, and called for the vote by roll -call. Councilman Harvey's motion to reconsider Bill 2007 -6 was then approved by the following roll -call vote: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon and Medin Nay: Layton, Penfold, and Smith 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 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. Bill 2007 -6 was then placed on final passage. Councilman Jim Penfold requested that the sponsor place Bill 2007 -6 on the Informal Calendar until after a June 18 meeting of St. Mary's Health Center executives which may affect the intended use of the property. Councilwoman Cindy Layton requested that Bill 2007 -6 be placed on the Informal Calendar at this time. Following discussion, a motion was made by Councilman Kevin Brown, seconded by Councilman Dan Klindt, to remove Bill 2007 -6 from the Informal Calendar and be placed on final passage. The motion to remove from the Informal Calendar was approved by the REGULAR COUNCIL MEETING JUNE 4, 2007 5 following roll -call vote: Aye: Brown, Crane, Harvey, Klindt, Koon, and Medin Nay: Ferguson, Layton, Penfold, and Smith Bill 2007 -6 was then passed by the following roll -call vote as Ordinance 14207: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, and Medin Nay: Layton, Penfold, and Smith BILLS INTRODUCED Bill 2007 -20, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF PARTNERSHIP BUSINESS PARK, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilman Dan Klindt requested that the rules be suspended and Bill 2007 -20 be placed on third reading and final passage. He explained that Chamber of Commerce Director Randy Allen had asked the Council to consider suspension of the rules to expedite this project during the summer months. There were no objections to the request for suspension of the rules. Bill 2007 -20 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14206: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -21, 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 0.27 ACRES FROM PUD PLANNED UNIT DEVELOPMENT TO C -2 GENERAL COMMERCIAL, THE PROPERTY LOCATED AT 1820 SOUTHWEST BOULEVARD IN PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -22, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING JUNE 4, 2007 6 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 1.52 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY LOCATED AT 3314 WEST TRUMAN BOULEVARD LOCATED IN PART OF SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -23, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONTRACT WITH EMERY SAPP & SONS TO CONSTRUCT TAXIWAY A AND TAXIWAY CONNECTORS AT THE JEFFERSON CITY MEMORIAL AIRPORT; AND AMENDING THE 2006 -2007 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE AIRPORT FUND. Bill 2007 -24, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH BURNS AND MCDONNELL FOR ADDITIONAL DESIGN RELATED TO THE PARALLEL TAXIWAY PROJECT AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2007 -25, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH BURNS AND MCDONNELL FOR CONSTRUCTION OVERSIGHT AND INSPECTION SERVICES RELATED TO THE PARALLEL TAXIWAY PROJECT AT THE JEFFERSON CITY MEMORIAL AIRPORT. Questions were asked regarding bills 2007 -23, 2007 -24, and 2007 -25 regarding the amount being budgeted and appropriated on the project. Staff was asked to clarify some of the questions during the next two weeks. Bill 2007 -26, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, OPTING OUT OF THE STATE SALES TAX HOLIDAY. Bill 2007 -27, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO SEWERS AND SEWAGE REGULAR COUNCIL MEETING JUNE 4, 2007 7 DISPOSAL ACCOUNTS. Bill 2007 -28, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 18 (MISCELLANEOUS PROVISIONS AND OFFENSES) OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW SECTION, 18 -176, CREATING A CODE VIOLATION FOR ASSAULTING A LAW ENFORCEMENT OFFICER. BIL S PENDING Bill 2007 -16, sponsored by Councilman Ferguson, 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 -16 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14203: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -17, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF PARTICIPATING IN THE COST OF AN ENVIRONMENTAL IMPACT STATEMENT AND LOCATION STUDY FOR THE REX WHITTON EXPRESSWAY. Bill 2007 -17 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14204: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None REGULAR COUNCIL MEETING JUNE 4, 2007 8 Bill 2007 -19, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR 2007 THE MILLING AND OVERLAY PROJECT. Bill 2007 -19 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14205: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None INFORMAL C ALEN DAR 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. Councilwoman Cindy Layton requested that 2007 -7 remain on the Informal Calendar at this time. RESOLUTIONS RS2007 -8 Endorsing City's Participation in Highway 50 Partnership (Ferguson) A motion was made by Councilman Kenneth Ferguson for adoption, seconded by Councilman Rich Koon, and approved unanimously. RS2007 -9 Endorsing Participation in Conserve America Community Designation (Layton) A motion was made by Councilman Brian Crane to accept the substitute RS2007 -9 which was previously distributed to the Council, seconded by Councilman Ron Medin. Councilman Crane explained the changes contained in the substitute. The motion to substitute was then REGULAR COUNCIL MEETING JUNE 4, 2007 9 approved unanimously. A motion was made by Councilman Mike Harvey to adopt Resolution RS2007 -9 as substituted, seconded by Councilman Kevin Brown, and approved unanimously. SCHEDULED REPORTS There were no reports brought before the Council at this time. Mayor John Landwehr requested that staff get a report back from the water company on the status of their improvements. City Administrator Steve Rasmussen stated the water company has indicated the water company has told him it is not ready to give their report, but he will see if they will give the city an interim report in the meantime. NEW BUSINESS Mayor John Landwehr announced that on June 13, the east branch of the City's Greenway Trail Expansion will be dedicated on the campus of Lincoln University. The ceremony begins at 10:00 A.M. APPROVAL OF CLOSED SESSION May 21, 2007, Closed Session - A motion was made by Councilman Jim Penfold to approve the minutes, seconded by Councilman Kevin Brown, and approved unanimously. 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)] b. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Kenneth Ferguson to go into Closed Session, seconded by Councilman Brian Crane, and approved unanimously by the following roll -call vote at 7:37 P.M.: REGULAR COUNCIL MEETING JUNE 4, 2007 10 Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None