HomeMy Public PortalAbout20070716REGULAR COUNCIL MEETING JULY 16, 2007
CALL TO ORDER
1
The Regular Council Meeting of July 16, 2007, was convened at 6:00 P.M. by Mayor John
Landwehr.
Prayer was offered by Councilman Jim Penfold, 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.
PUBLIC HEARINGS
(a) Major Amendment to PUD Plan for 905 Weathered Rock Road
Following a staff presentation by City Planner Janice McMillan, the following persons
requested to speak on the matter:
In favor:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, explained
the proposed plan. Questions were asked about sidewalks associated with the plan. Mr.
Bates explained the request for waiver based on the lay of the land and the shoulders along
the roadway there.
Mr. Dick Otke, 621 S. Eagle Trace, further explained the reason he is asking for the
sidewalk waiver.
Mr. Ken Otke, Route B, also spoke in favor of the proposed plan.
No one came forward to speak in opposition to the proposed plan.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and
REGULAR COUNCIL MEETING JULY 16, 2007 2
stated the Council will now take up take up the associated pending Bill 2007 -37.
Bill 2007 -37, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR
AMENDMENT TO THE FINAL PUD PLAN FOR PROPERTY LOCATED AT 905
WEATHERED ROCK ROAD; CONSISTING OF PART OF TRACTS D AND F OF
MILLBROOKSUBDIVISION AND LOTS 1 AND 2 OF STONEHILL SUBDIVISION, SECTION
ONE, JEFFERSON CITY, COLE COUNTY MISSOURI.
Bill 2007 -37 was read third time by title and placed on final passage. A motion was made
by Councilman Rich Koon to amend Bill 3007 -37 by deleting Section 4 granting a variance
for sidewalks, seconded by Councilwoman Jane A. Smith. Following discussion of the issue
of sidewalks, the motion to amend was approved by the following roll -call vote:
Aye: Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: Brown, Crane, Harvey, and Klindt
Bill 2007 -37 was then passed, as amended, by the following roll -call vote as Ordinance
14224:
Aye: Brown, Ferguson, Klindt, Koon, Layton, Medin, Penfold, and Smith
Nay: Crane and Harvey
(b) Rezoning 1.81 Acres of Property at Old Lohman Road and South Country Club Drive
Following a staff presentation by City Planner Janice McMillan, the following persons
requested to speak on the matter:
In favor:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, made a
brief presentation and offered to answer any questions asked by the Council.
No one requested to speak in opposition to the proposed rezoning.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and
stated the Council will now take up take up the associated pending Bill 2007 -38.
Bill 2007 -38, 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 1.81 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO
C -1 NEIGHBORHOOD COMMERCIAL, LAND LOCATED ON THE NORTHERN CORNER
OF THE INTERSECTION OF OLD LOHMAN ROAD AND SOUTH COUNTRY CLUB DRIVE,
LOCATED IN PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE
REGULAR COUNCIL MEETING JULY 16, 2007 3
COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT
PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE.
Bill 2007 -38 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14225:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Mayor John Landwehr asked City Counselor Nathan Nickolaus if the City could take up both
public hearing items (c) and (d) together since they were related. Mr. Nickolaus stated that
the Council may take up both at this time if they wish.
(c) Rezoning 0.67 Acres for 214 and 216 Dix Road
and
(d) Concept PUD Plan for 214 and 216 Dix Road
Following a staff presentation by City Planner Janice McMillan, the following persons
requested to speak on the matter:
In favor:
Mr. Duane Schreimann, 2316 St. Mary's Boulevard, made a presentation as legal counsel
for the applicants. He stated the owners hope office will contain three professional offices.
The developer is agreeable to excluding the permitted uses on a list which Councilman Dan
Klindt has distributed to the Council and citizens attending the public hearing tonight.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, also
offered to answer any questions asked by the Council on the proposed plan.
In opposition:
Mr. Doug Smentkowski, 103 Donald Avenue, stated he is opposed to the plan because
it is a residential area and the residents thing putting more commercial development in the
area is a negative impact on the neighborhood.
Me. Leonard Vader, 208 Dix Road, stated as a property owner in the area he is also
opposed to the proposed plan.
Ms. Gerry Engleby, 209 Dix Road, stated she has resided at her address for 41 years and
does not want any more commercial properties in the neighborhood.
Following all the testimony, a lengthy discussion was had by Council and questions asked
REGULAR COUNCIL MEETING JULY 16, 2007 4
of staff regarding related issues such as traffic, parking, and property values.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded at
this time and stated the Council will now take up the associated pending bill2, 2007 -39 and
2007 -40, respectively.
Bill 2007 -39, 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 0.67 ACRES FROM RS -3 MEDIUM DENSITY RESIDENTIAL
TO PUD PLANNED UNIT DEVELOPMENT, FOR PROPERTY LOCATED AT 214 AND 216
DIX ROAD; CONSISTING OF PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION TWO, 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 -39 was read third time by title, placed on final passage and defeated by the
following roll -call vote:
Aye: Brown, Harvey, Klindt, and Medin
Nay: Crane, Ferguson, Koon, Layton, Penfold, and Smith
Bill 2007 -40, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A CONCEPT
PUD PLAN FOR PROPERTY LOCATED AT 214 AND 216 DIX ROAD; CONSISTING OF
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
2, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2007 -40 was read third time by title and placed on final passage. A motion was made
by Councilman Dan Klindt to amend Section 2 of Bill 2007 -40 to read as follows:
SECTION 2. Approval is made subject to the following conditions: (1) Floor
area ratio not to exceed 0.34 (8,600 sq. ft.); (2) The underlying zoning district for
the purposes of establishing allowed uses shall be C -O Office Commercial with the
following uses excluded from the list of allowed uses: (a) medical or dental offices
or clinics and (b) drive - through uses and facilities. An office for an individual doctor
or dentist would be allowed; (3) Engineering Division approval of the access drive
on Dix Road and the adequacy of a 15' setback on the southern property line; (4)
Provide a 10 foot landscaping buffer with evergreens planted on ten -foot
centers, with a solid fence the length of the northern property line, with buffer
and landscaping to be on the north side of the fence; and (5) additional
excluded uses shall be as follow:
REGULAR COUNCIL MEETING JULY 16, 2007 5
1. Assisted Living Facility
2. Community Residence -more than 5 persons
3. Neighborhood Center, Community Activity Building
4. Adult Day Care Center (more than 10 adults)
5. Child Day Care Center (more than 10 children)
6. Substance Abuse Treatment Facility- Inpatient and /or Outpatient
7. Hospital - Physical & Mental Rehabilitation (not for criminal oranimal)- Inpatient
and Outpatient
8. Nursing, Convalescent Care -with building area less than 10,000 square feet
9. Nursing, Convalescent Care -with building area of 10,000 square feet or more
10. Recreational Facility, Public
11. Indoor Amusement Center
12. Telecommunications Facilities
13. Bed & Breakfast Inns -Not serving Food to the General Public
14. Bed & Breakfast Inns - Serving Food to the General Public
15. Off -Site Automobile Parking Facility, Garage or Lot
16. Commercial Automobile Parking Facility, Garage or Lot
17. Automatic Teller Machine as principal or accessory use; walk -up only
18. Drive - Through Uses and Facilities not elsewhere specified
19. Food Service- Drive -In and /or Drive Through
20. Broadcasting Station /Radio or Television
The motion to amend was seconded by Councilman Mike Harvey, and approved by the
following roll -call vote:
Aye: Brown, Harvey, Klindt, Koon, Layton, Medin, and Penfold
Nay: Crane, Ferguson, and Smith
Councilman Dan Klindt then requested that Bill 2007 -40 be placed on the Informal Calendar
at this time.
A motion was made by Councilman Rich Koon to remove Bill 2007 -40 from the Informal
Calendar and placed on final passage, seconded by Councilwoman Jane A. Smith, and
approved by the following roll -call vote:
Aye: Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: Brown, Crane, Harvey, and Klindt
Mayor John Landwehr asked for clarification from City Counselor Nathan Nickolaus if Bill
2007 -40 was passed subsequent to the defeat of Bill 2007 -39, would the plan approved in
2007 -40 remain in effect. Mr. Nickolaus stated that the plan would remain in effect.
Bill 2007 -40 was removed from the Informal Calendar, placed on final passage, and passed,
as amended, by the following roll -call vote as Ordinance 14226:
REGULAR COUNCIL MEETING JULY 16, 2007 6
Aye: Brown, Klindt, Koon, Medin, Penfold, and Smith
Nay: Crane, Ferguson, Harvey, and Layton
(e) Preliminary and Final PUD Plan for Proposed Lot 2 of Edgewood Center Subdivision
Following a staff presentation by City Planner Janice McMillan, the following persons
requested to speak on the matter:
In favor:
Mr. Duane Schreimann, 2316 St. Mary's Boulevard, offered to answer any questions on
behalf of the applicant, Mr. Bax. Mr. Schreimann requested that Mayor John Landwehr
consider not signing Bill 2007 -40 which was just passed without proper zoning.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, also
offered to answer any questions asked by the Council.
No one requested to speak in opposition to the proposed rezoning.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded at
this time and stated the Council will now take up the associated pending bill, 2007 -42.
Councilman Kevin Brown made a motion to amend the agenda to take up Bill 2007 -41 out
of order at this time since it is also related to 2007 -42, and should be passed before 2007-
42. The motion was seconded by Councilman Mike Harvey, and approved with
Councilwoman Jane A. Smith abstaining.
Bill 2007 -41, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF EDGEWOOD CENTER SUBDIVISION, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2007 -41 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14227:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold
Nay: None
Abstain: Smith
Bill 2007 -42, sponsored by Councilman Klindt, entitled:
REGULAR COUNCIL MEETING JULY 16, 2007 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 3560 WEST
EDGEWOOD DRIVE; CONSISTING OF PROPOSED LOT 2 OF EDGEWOOD CENTER
SUBDIVISION, A PROPOSED SUBDIVISION OF PART OF LOT 3 OF CC WEST
SUBDIVISION, SECTION TWO, AND DESCRIBED AS PART OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH,
RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2007 -42 was read third time by title and placed on final passage.
A motion was made by Councilman Kevin Brown to amend Section 3 of Bill 2007 -42 to read
as follows:
Section 3 Bufferyard. The bufferyard shall include a 4 foot high earth
berm along the northern sides of Tracts 3A, 3B and 3C to be installed at the
same time, with trees 8 -10 feet in height, as shown on the landscape detail
dated 7.16.2007. Landscape buffering shall be installed prior to occupancy
of any building on Tract 3.
The motion to amend was seconded by Councilman Jim Penfold, and approved with
Councilwoman Jane A. Smith abstaining.
Bill 2007 -42 was then passed, as amended, by the following roll -call vote as Ordinance
14228:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold
Nay: None
Abstain: Smith
MISCELLANEOUS AGENDA ITEMS
There were no miscellaneous agenda items brought forward at this time.
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 Technical Committee, May 3, 2007
b. May 2007 Finance Reports
REGULAR COUNCIL MEETING JULY 16, 2007 8
c. June 2007 CVB Minutes and reports (on file in the City Clerk's office)
d. Housing Authority Board of Commissioners, May 15, 2007
e. Historic Preservation Commission, June 12, 2007
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 asked Councilman Kenneth
Ferguson to make an announcement regarding the Annexation & Growth Committee.
Councilman Ferguson reported that a bus tour of proposed annexation areas was held last
week and it was very informative, and that the Committee's next meeting will be held
immediately following the 11:30 A.M. Administration Committee meeting on Wednesday,
July 18. Councilwoman Cindy Layton then reported that the Administration Committee will
meet on Wednesday, July 18 at both 11:30 A.M. and 6:00 P.M. to invite public comments
on the issue of landlord registration and universal mandatory trash. Councilman Kevin
Brown asked that the preliminary map of proposed annexation areas be made available on
the city's website.
Finance Committee - Chairman Kenneth Ferguson stated the Committee will meet on
August 17 immediately following the Brown Bag meeting. He stated if the Council believes
they need to meet before then to discuss the budget he would be open to scheduling an
additional meeting.
Public Safety Committee - Chairman Kevin Brown reported the Committee met last
Thursday, July 12 to hear a presentation from the Fire Department regarding a replacement
fire apparatus and discuss possible funding for future major fire apparatus purchases.
Public Works & Planning Committee - Chairman Dan Klindt reported the Committee will
met on Thursday, July 19 at 7:45 A.M. to discuss revisions in street and storm water
standards, as well as a sidewalk replacement program.
APPOINTMENTS BY THE MAYOR
REGULAR COUNCIL MEETING JULY 16, 2007 9
There were no appointments brought before the Council for consideration at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
Mayor John Landwehr announced that a proclamation is being presented to the Capital 503
Toastmasters Club in celebration of their 60th anniversary. The persons who attended the
meeting tonight to accept the proclamation had to leave due to the lateness of the hour.
City Administrator Steve Rasmussen announced that a Work Session will be held tomorrow
night from 5:30 - 7:00 P.M. to invite the Council and the public to comment on the issues of
building permit fees, restaurant inspection fees, and sewer connection fees. The meeting
will be held in the Police Department classroom.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Greg Gaffke, 305 Hunters Run, and Ms. Nancy Gratz, 2315 Route M, were present to
make a presentation on behalf of the volunteer citizens organization promoting the new Cole
County Jail ballot issue. He encouraged the public to vote in favor of the issue which will
be on the August 7 ballot. Members of the committee which worked on this issue were
present in the audience tonight, as well as County officials Marc Ellinger, Chris Wrigley, and
Sheriff Greg White.
Mr. Gaffke also commended the city on its outstanding help in the recent Salute to America
event held on the 4th of July.
PRESENTATIONS FROM THE GALLERY
Mr. Patrick Lynn, 1212 Elmerine, made a presentation regarding a proposal to renovate
the Bassmann House to be used for offices. He asked the Council to reconsider passage
of Bill 2007 -44. He stated it will take 18 -24 months, and $750,000 to renovate the property.
Mr. Lynn answered several questions asked by the Mayor and City Council concerning his
group's proposal.
Mr. Pete Abbott, 1735Southwest Boulevard, purchaser of Missouri Highway Patrol Hangar
at the Jefferson City Memorial Airport. Mr. Abbott stated he wished to correct the name
listed in Bill 2007 -45, as well as ask the Council to reconsider the five -year lease term. He
stated it is hard to get financing with a one -year lease term.
RECESS
REGULAR COUNCIL MEETING JULY 16, 2007 10
Mayor John Landwehr called a five - minute recess at 8:25.
RECONVENE
The meeting reconvened at 8:30 P.M. with the following Council Members in attendance:
Present: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Absent: None
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
No Council comments were made at this time.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
a. Minutes of June 29 and July 2, 2007 City Council Meetings
A motion was made by Councilman Kevin Brown for approval of the Consent Agenda as
presented, seconded by Councilman Brian Crane, and approved unanimously.
BILLS INTRODUCED
Bill 2007 -45, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH
ABBOTT O &P LABS, LLC FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT.
Councilmen Crane and Brown stated they didn't believe the city should set airport leases
for one year if the lease negotiations for five -year terms had already begun before the staff
was directed to make airport leases one -year leases. The stated that for both bill 2007 -45
and 4007 -46.
Bill 2007 -46, sponsored by Councilman Klindt, entitled:
REGULAR COUNCIL MEETING JULY 16, 2007 11
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH
ANTHONY WINKELMAN AND JON DEGRAFFENREID FOR LAND AT THE JEFFERSON
CITY MEMORIAL AIRPORT.
Bill 2007 -47, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT
AGREEMENT WITH THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION.
Bill 2007 -48, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES),
OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED
PARKING SPACE ON A PORTION OF ASH STREET.
Bill 2007 -49, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES),
AND SCHEDULE (J) (PARKING PROHIBITED) OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO PORTIONS OF JEFFERSON STREET.
Bill 2007 -50, 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
A PORTION OF WEST ATCHISON STREET.
Bill 2007 -51, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401 (STREETS AND HIGHWAYS), SCHEDULE S, (LOADING ZONES),
SUBPARAGRAPH A (8:00 A.M. TO 5:00 P.M.) OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO A PORTION OF EAST DUNKLIN STREET.
Bill 2007 -52, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING JULY 16, 2007 12
TRANSFER OF CERTAIN REAL PROPERTY TO THE MISSOURI DEPARTMENT OF
TRANSPORTATION.
Bill 2007 -53, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3
(ADVERTISING AND SIGNS) PERTAINING TO SIGNS.
BILLS PENDING
Bill 2007 -32, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION TO THE JEFFERSON CITY POLICE DEPARTMENT
AND AMENDING THE 2006 -2007 ANNUAL BUDGET WITHIN THE GENERAL FUND.
Bill 2007 -32 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14220:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Bill 2007 -33, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VERSLUES
CONSTRUCTION CO., INC.
Bill 2007 -33 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14221:
Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith
Nay: Brown
Bill 2007 -35, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN EXISTING GRANT
AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE
PURPOSE OF PROVIDING ADDITIONAL FEDERAL GRANT MONEY FOR PROJECTS AT
REGULAR COUNCIL MEETING JULY 16, 2007 13
THE JEFFERSON CITY MEMORIAL AIRPORT.
Bill 2007 -34 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14222:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Bill 2007 -36, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN
AGREEMENT FOR STATE BLOCK GRANT PROJECT AIRE 06- 040B -8 FOR FUNDING
CONSTRUCTION AND IMPROVEMENTS AT THE JEFFERSON CITY MEMORIAL
AIRPORT.
Bill 2007 -36 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14223:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Bill 2007 -43, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
RELINQUISHING THE HEALTH COURT RIGHT -OF -WAY LOCATED AT CHRISTY DRIVE,
SOUTH OF FLORA DRIVE.
Bill 2007 -43 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14229:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Bill 2007 -44, sponsored by Councilmen MEDIN, Koon, Penfold, Smith, and Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI SETTING FORTH THE
PROCEDURES FOR DISPOSAL OF THE MCCARTY STREET PROPERTIES.
Bill 2007 -44 was read third time by title and placed on final passage.
Councilman Ron Medin explained the changes made in the "Substitute 3" which was
distributed to the Council after the Friday, July 13 brown bag work session. He then made
a motion to accept the substitute with the following amendment: "Section 1 shall be deleted
REGULAR COUNCIL MEETING JULY 16, 2007 14
in its entirety and the subsequent sections renumbered accordingly." The motion was
seconded by Councilman Kenneth Ferguson and approved by the following roll -call vote:
Aye: Ferguson, Koon, Layton, Medin, Penfold, Smith
Nay: Brown, Crane, Harvey, and Klindt
Following further discussion, Councilman Brian Crane made a motion to strike the words
"(including, but not limited to the Historic City of Jefferson)" from what would now be Section
1 of the substitute bill. The motion was seconded by Councilman Kevin Brown, and
approved by the following roll -call vote:
Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
Councilman Kevin Brown then moved to delete Section 3 (which has now become Section
2) in its entirety. Said section to be deleted currently reads as follows:
Section 3. All previous motions, resolutions, or ordinances of the City
Council which directly contradict the terms of this Ordinance are rescinded to
the extent of such contradiction.
The motion was seconded by Councilman Brian Crane, and, following discussion, defeated
by the following roll -call vote:
Aye: Brown, Crane, and Harvey
Nay: Ferguson, Klindt, Koon, Layton, Medin, Penfold, and Smith
At the conclusion of discussion, Bill 2007 -44 Substitute #3 was then passed, as amended,
by the following roll -call vote as Ordinance 14230:
Aye:
Nay:
Ferguson, Koon, Layton, Medin, Penfold, and Smith
Brown, Crane, Harvey and Klindt
INFORMAL CALENDAR
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 Kevin Brown requested that Bill 2007 -31 remain on the Informal Calendar at
this time.
REGULAR COUNCIL MEETING JULY 16, 2007
RESOLUTIONS
15
RS2007 -10: Emergency Change Order for High Street Handicapped Ramp and Adams
Street Crosswalk Project
A motion was made by Councilman Kenneth Ferguson for adoption of RS2007 -10,
seconded by Councilman Mike Harvey, and approved unanimously.
SCHEDULED REPORTS
Mayor John Landwehr stated that due to the lateness of the hour, Councilman Brian Crane's
schedule report on his attendance at the National Emergency Management Institute
Training will be deferred to the August 6 Council meeting. There were no other reports
scheduled to be made at this time in the meeting.
NEW BUSINESS
Mayor John Landwehr stated that Bill 2007 -44 had been read by its original title which
referred to "properties," but that the substitute Bill 2007 -44 had not been read by title, which
specifically refers to one property (the Bassmann House). He asked City Counselor Nathan
Nickolaus if it would be permissible to read the bill by the new title at this point and take roll -
call again on the substitute bill, as amended. Mr. Nickolaus indicated that would be
permissible.
Bill 2007 -44, Substitute #3, was then read second and third times by title, placed on final
passage, and passed, as amended, by the following roll -call vote as Ordinance 14230:
Aye:
Nay:
Ferguson, Koon, Layton, Medin, Penfold, and Smith
Brown, Crane, Harvey and Klindt
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 Councilwoman Cindy Layton to go into Closed Session, seconded
by Councilman Ron Medin, and approved by the following roll -call vote at 9:55 P.M.:
REGULAR COUNCIL MEETING JULY 16, 2007 16
Aye: Ferguson, Klindt, Koon, Layton, Medin, Penfold, and Smith
Nay: Brown, Crane, and Harvey