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HomeMy Public PortalAbout20070618REGULAR COUNCIL MEETING JUNE 18, 2007 CALL TO ORDER 1 The Regular Council Meeting of June 18, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Dan Klindt, 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. No one requested to be added. MISCELLANEOUS AGENDA ITEMS Proclamation - Air Force Week July 2 -8 — Mayor John Landwehr read the Proclamation, and presented it to Chief Master Sgt. McConnell, Air National Guard, who was present to make comments and accept the proclamation. Mayor John Landwehr stated if there are no objections from the Council, he would like to take up a few items out of order to accommodate citizens who were present in connection with those items. There were no objections. ITEMS TAKEN UP OUT OF ORDER: ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Fourth of July Event - Greg Gaffke & Jill Snodgrass Mr. Gaffke and Ms. Snodgrass made a brief presentation about the events which will occur during the upcoming annual 4th of July celebration event in Jefferson City. Ms. Snodgrass answered questions asked by Mayor Landwehr regarding the issue of safety for children who try to pick up candy distributed during the parade. Ms. Snodgrass stated the event REGULAR COUNCIL MEETING JUNE 18, 2007 2 participants are advised not to throw candy, and that each entry has walkers and handlers to ensure children do not get in front of moving objects. She stated she would remind the entrants of this concern. Fourth of July Event - Susan Green mentioned safety issues connected with this event and stated the Emergency Management office will continue to strive to make this a safe event for its attendees. Following the presentation, Captain Mike Smith answered questions about street closings and parking associated with the event. Mr. Gilbert Cole - Missouri American Water Company, made an interim report regarding the issue of upgrades to the water system and the emergency generator. He answered several questions by the Council, and stated that the project appears to be on schedule as originally planned. Mayor John Landwehr asked Mr. Cole to return and make another report at the first meeting in November, and asked the City Clerk to make a note of this for future agendas. PUBLIC HEARINGS a) Rezoning 3.7 Acres of Land Addressed as 904 Eastland Drive — City Planner Janice McMillan made a staff presentation regarding the issue. Following her presentation, Mayor John Landwehr opened the hearing up for public testimony. Public testimony: Mr. John Kuebler, 3204 Pembroke Square, legal counsel representing property owners Louis and Naomi Vetter, explained the negotiations which had occurred between his clients and the residents in the area. He complimented the residents and the staff for their efforts to resolve issues involved. Mr. Rudy Veit, 515 E. High Street, representing residents adjacent to the property, referred to a signed agreement in which the residents, his clients, stated they now would have no opposition to the rezoning in accordance with the agreement. Mr. Tom Fennesy, 2008 Fox Trail, felt that locating a street in the area in the future is still a safety concern. There being no further persons wishing to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated that the Council will now take up the associated bill, 2007 -7, which is currently on the Informal Calendar. Councilwoman Cindy Layton requested that Bill 2007 -7 be removed from the Informal REGULAR COUNCIL MEETING JUNE 18, 2007 3 Calendar at this time and placed on third reading and final passage. 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. Bill 2007 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14216: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None b) Rezoning approximately 0.27 acres addressed as 1820 Southwest Boulevard — City PlannerJanice McMillan made a staff presentation regarding the proposed rezoning. Following her presentation, the following persons spoke on the issue: In favor: Mr. William Ernst, 708 Jefferson, Fulton, MO, engineering representative for the owners of the site, explained the proposed project would be a 8,000 square foot upscale restaurant. There being no further persons wishing to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated that the Council will now take up the associated pending bill, 2007 -21. 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 -21 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14208: REGULAR COUNCIL MEETING JUNE 18, 2007 4 Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None c) Rezoning approximately 1.52 acres addressed as 3314 W. Truman Boulevard — City PlannerJanice McMillan made a staff presentation regarding the proposed rezoning. Following her presentation, the following persons requested to speak on the issue: In favor: Mr. Gavin Bargate, 704 Primrose Lane, architect, representing the property owner in the proposed area, stated his support for the rezoning and offered to answer any questions which the Council may have. No questions were asked. There being no further persons wishing to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated that the Council will now take up the associated pending bill, 2007 -21. Bill 2007 -22, 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 1.52 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 -22 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14209: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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. Board of Adjustment, April 10, 2007 b. Appointment Review Committee, March 12, 2007 c. Transportation & Traffic Commission, May 10, 2007 REGULAR COUNCIL MEETING JUNE 18, 2007 5 Council Committee on Administration, May 16, 2007 e. April 2007 Finance Reports f. Public Works & Planning Committee, February 22 and March 22, 2007 g. Parks & Recreation Commission, May 15, 2007 h. Storm Water Advisory Committee, April 10, 2007 CVB Minutes and documents for May, 2007 (on file in City Clerk's office) Mayor Landwehr thanked the citizens who serve on these boards and commissions for giving of their time and talents to make our community better. COUNCIL LIAISON REPORTS Administration Committee - Chairwoman Cindy Layton announced the next meeting will be held Wednesday, June 20 at 11:30 AM. Finance Committee - Chairman Kenneth Ferguson stated the Committee met on June 15 immediately following the Brown Bag meeting, and reported on the actions and discussions which occurred at that meeting. Public Safety Committee - Chairman Kevin Brown reported the Committee will meet on June 22, and that Bill 2007 -28 on tonight's agenda is a result of their past meetings. The Committee is still working on updates to Chapter 11 of the Code pertaining to Emergency management. Public Works & Planning Committee - Chairman Dan Klindt reported that the Committee will meet June 21 and gave a brief synopsis of what that agenda involved. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to City boards and commissions for Council consideration: BOARD /COMMISSION NAME EXPIRES STATUS Planning & Zoning Adam Gresham May 2008 Partial Trans. & Traffic Tony Wall* June 2010 Full Trans. & Traffic Kevin Kelly June 2010 Full REGULAR COUNCIL MEETING JUNE 18, 2007 6 Trans. & Traffic Michael Hughes June 2008 Partial Historic Preservation Jenny Smith Dec 2009 Partial Historic Preservation Kevin McHugh Dec 2009 Partial *third term - requires 2/3 majority A motion was made by Councilman Jim Penfold for approval of all appointments except Tony Wall, seconded by Councilwoman Cindy Layton, and approved unanimously. Tony Wall — A motion was made by Councilman Jim Penfold for approval of Tony Wall's appointment to a third term, seconded by Councilman Dan Klindt, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS These presentations were taken up out of order earlier in the meeting. PRESENTATIONS FROM THE GALLERY Ms. Edith Vogel, 800 St. Mary's Boulevard, former Ward Two City Council Member, made a presentation regarding the disposition of the West McCarty Street properties. She stated that it was the ground under the buildings which were valuable rather than the buildings, and encouraged the Council to proceed with demolition of the buildings. She stated she believes that are many buildings in the city more worthy of preserving than these. Mr. Pete Nacy, 522 E. Capitol, representing the Historic City of Jefferson, stated he thinks only the green house should be demolished, but none of the others. He stated the Historic City of Jefferson has voted to implement a plan to restore the Bassman House. Following his presentation, he answered questions by the Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Comments were made and questions asked of staff by almost all Council Members regarding the issue of the West McCarty Street properties. A lengthy discussion was held in which Council Members stated their views regarding either demolition or preservation of the buildings. Councilman Kenneth Ferguson asked where bill 2007 -31 originated from which is being introduced tonight. Mayor John Landwehr stated he saw the bill for the first time when he received his packet. City Administrator Steve Rasmussen stated staff prepared the bill in what they believed was in answer to direction by the Council in earlier meetings. Councilman Jim Penfold mentioned discussions which had occurred in closed session, after which Councilwoman Jane A. Smith asked Mayor John Landwehr to share in REGULAR COUNCIL MEETING JUNE 18, 2007 7 open session any information about meetings in which he had participated with the proposers or the Historic City of Jefferson. Mayor Landwehr responded with a brief synopsis of his conversations. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of June 1 and June 4, 2007 City Council Meetings b. Contract (RENEWAL - yr. 2) with Corporate Claims Management, Inc. For Workers' Compensation third -party administrative services (staff: Gail Strope) c. Contract (RENEWAL) with A. J. Gallagher & Co. For Excess Workers' Compensation Insurance (staff: Gail Strope) A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda as presented, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED Bill 2007 -29, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONTRACT WITH WAL -MART INC. TO PROVIDE SANITARY SEWER TO THE NEW SITE. Bill 2007 -30, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH WOLKEN, ET AL FOR THE NEW PUMP STATION SITE. Bill 2007 -31, sponsored by Councilman Klindt, Brown, and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BUSCHER BACKHOE AND LANDSCAPING, LLC FOR THE DEMOLITION OF PROPERTIES ON THE BLOCK OF W. MC CARTY STREET. Councilman Brian Crane had concerns about whether this was the right way to go about this instead of bidding it out. City Administrator Steve Rasmussen asked for direction from the Council regarding the issue. Councilman Mike Harvey asked staff to address the concerns that were brought up tonight and get the information to the Council. Councilman Brian Crane REGULAR COUNCIL MEETING JUNE 18, 2007 8 asked to know where the money was coming from for the project. Councilman Jim Penfold asked for the Community Development Department to get an engineering opinion regarding the contractor's concerns for demolishing one building without demolishing the other one. BILLS PENDING 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 -23 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14210: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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 -24 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14211: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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. Bill 2007 -25 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING JUNE 18, 2007 9 following roll -call vote as Ordinance 14212: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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 -26 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14213: Aye: Brown, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: Crane and Klindt 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 DISPOSAL ACCOUNTS. Bill 2007 -27 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14214: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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. Bill 2007 -28 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14215: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None REGULAR COUNCIL MEETING JUNE 18, 2007 INFORMAL CALENDAR This category was addressed under Public Hearings. 10 RESOLUTIONS There were no resolutions brought before the Council at this time. SCHEDULED REPORTS There were no reports brought before the Council at this time in the meeting. NEW BUSINESS Councilman Kevin Brown announced Amateur Radio Club event and invited the public to attend. Councilman Kevin Brown made comments regarding the 75th anniversary of the Fire School recently held in Jefferson City and presented a plaque to the city which was given to the city. Mayor John Landwehr asked staff to schedule two work sessions in July to allow public input on the issue of fees, and asked staff to get the information to the community far in advance of the events. APPROVAL OF CLOSED SESSION June 4, 2007, Closed Session - A motion was made by Councilman Mike Harvey to approve the minutes, seconded by Councilwoman Cindy Layton, 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: REGULAR COUNCIL MEETING JUNE 18, 2007 11 a. Real Estate [Sec. 610.021.(2)] A motion was made by Councilwoman Cindy Layton to go into Closed Session, seconded by Councilman Kenneth Ferguson. Councilwoman Jane A. Smith stated her objection to discussing the West McCarty Street proposals in closed session which would affect the outcome of those proposals. She stated she had discussed the issue with City Counselor Nathan Nickolaus who disagreed with her opinion on the matter. Councilman Kevin Brown asked City Counselor Nathan Nickolaus to explain why he disagreed with Councilwoman Smith's opinion on the matter, to which Mr. Nickolaus complied. Following the discussion, the motion was approved by the following roll -call vote at 8:50 P.M.: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: Smith