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
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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:
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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
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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
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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
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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
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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
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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.
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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:
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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