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Home My Public Portal About20100517REGULAR COUNCIL MEETING MAY 17, 2010 1 CALL TO ORDER The Regular Council Meeting of May 17, 2010, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None A quorum was declared present. Mayor John Landwehr asked if anyone present wished to be added to the list of those who would like to make a presentation to the Council tonight, and added those names to the list. PUBLIC HEARINGS (a) Rezoning 80.74 Acres in 1600 and 1700 Blocks of Hwy. 179 from C -2 to PUD and (b) Approval of Concept PUD Plan for 1600 and 1700 Blocks of Hwy. 179 City Planner Janice McMillan made a staff presentation on the combined, and related issues, giving the background of the requested rezoning and the proposed PUD Concept plan, and answered questions asked by the Council. At the conclusions of the staff presentation, the following persons came forward to speak on the issue: In favor: Mr. Andrew Kilmer and Mr. Tom Graham, on behalf of the applicant, explained the proposed PUD and development of the property in question. They answered questions asked by the Council. In opposition: No one spoke in opposition to the proposed rezoning and Concept PUD plan. REGULAR COUNCIL MEETING MAY 17, 2010 2 At the conclusion of all testimony on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearings concluded and stated the Council will now take up the associated pending bills: Bill 2010 -6, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, BY REZONING 80.74 ACRES OF LAND LOCATED IN THE 1600 AND 1700 BLOCKS OF HIGHWAY 179 FROM C -2 GENERAL COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2010 -6 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14669: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -7, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A CONCEPT PUD PLAN FOR PROPERTY LOCATED IN THE 1600 AND 1700 BLOCKS OF HIGHWAY 179; CONSISTING OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2010 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance : Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office: Airport Advisory Committee, April 5, 2010 CAMPO Technical Committee, February 4, 2010 Revised Participation Plan for CAMPO (available in City Clerk's office) Council Committee on Administration, February 3 and April 7, 2010 Cultural Arts Commission, April 13, 2010 REGULAR COUNCIL MEETING MAY 17, 2010 3 Public Safety Committee, April 2 and April 19, 2010 Parks and Recreation Commission, April 13, 2010 Historic Preservation Commission, April 13, 2010 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be Wednesday, June 9 at 8:00 A.M. Finance Committee - Councilman Koon reported that the next meeting will be Wednesday, May 26 at . He reported that the most recent sales tax check was up by $156,000. Public Safety Committee - Councilman Mike Harvey reported that the next meeting will be held on Friday, May 28 following the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, May 20 at 7:30 A.M. Ad Hoc Committees, if any: There were no ad hoc Committee reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that a Conference Center Design & Construction Committee meeting will be held on Wednesday, May 26 at 4:30 P.M. City Administrator Steve Rasmussen announced that a special Work Session will be held on Monday, May 24 at 5:30 P.M. to discuss Transit issues. Assistant Community Director Charles Lansford announced the Landmark Awards Ceremony will be held on Thursday, May 27 at 4:00 P.M. in the Council Chambers. REGULAR COUNCIL MEETING MAY 17, 2010 4 APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following for Council approval: (a) Council appointments to City Standing Committees and Liaison appointments to City boards and commissions: COMMITTEES & LIAISONS WARD COUNCIL APPOINTMENT STANDING COMMITTEE Annexation & Growth: 1 Ferguson 2 Penfold 3 Scrivner 4 Carroll 5 Medin LIAISONS TO BOARDS AND COMMISSIONS Airport Advisory Committee Penfold Animal Shelter Advisory Committee Griffith Chamber Economic Development Medin & Scrivner • Site Development Review Board Scrivner (Medin as alt) • Transportation Committee Medin (Scrivner as alt) Convention & Visitor's Bureau (CVB) Carroll Cultural Arts Commission Struemph Electrical Examiners & Review Board Griffith Plumbing Examiners & Review Board Griffith Environmental Quality Penfold Historic Preservation Commission Carroll Human Relations Commission Koon Industrial Authority Harvey JCTV Steering Committee Pope Parks & Recreation Commission Pope Tax Increment Finance (TIF) Harvey Transportation & Traffic Commission Medin USS Jefferson City Submarine Committee Koon REGULAR COUNCIL MEETING MAY 17, 2010 5 MEMBERSHIP ON EXTERNAL BOARDS Cole County Citizens' Corps Harvey (Public Safety Chair) Salute to America Foundation Struemph Tour of Missouri Foundation Koon A motion was made by Councilman Ron Medin ro approval of the appointments as recommended, seconded by Councilman Bob Scrivner, and approved unanimously. (b) Appointments to City Boards and Commissions: Board Name Expires Full /Partial JCTV Tyler Woods Feb 2011 Full USSJC Submarine: Melody Green Mar 2013 Full Marti Thruston Mar 2013 Full John O'Connell May 2013 Full Parks & Recreation Michael Couty May 2013 Full Planning & Zoning: David Nunn May 2014 Full Scott Stacey May 2014 Full A motion was made by Councilman Mike Harvey for approval of the appointments as recommended, seconded by Councilman Dave Griffith, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Steve Veile and Dr. Lois Hildebrand, made a presentation on behalf of Communique' giving preliminary results of the recent Citizen Survey. They stated a full report will be presented at a Work Session in June. Following their presentation, they answered questions asked by the Mayor and City Council. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Rich McCarty made a presentation in support of pass Bill 2010 -21 which is being introduced tonight. He stated that he agrees with the way the bill addresses some problems with parking in the area of his business. Bill 2010 -15 (compost contract): Mr. Rocky Meo made a presentation regarding the compost contract and stated that his company, Braik Brothers, feels their proposal submitted did not receive `fair' consideration and that the company would be willing to negotiate regarding certain issues. REGULAR COUNCIL MEETING MAY 17, 2010 6 Mr. Charles Goodin stated he lives near the new compost site, and is opposed to the proposed contract due to what he believed would be increased traffic problems in the area. Mr. Josh Hardin stated he is in favor of the proposed contract due to economic development and environmental impact issues. Mr. Pete Atkins stated he is in favor of the proposed contract due to the fact that he is acquainted with the contractor and would have confidence in him, and also that he lives near the current site and has not noticed any negative impact due to the site's proximity to his property. Mr. Darrel Winegar stated he is in favor of the proposed contract due to his association with the contractor in past projects which were very positive experiences. Mr. Jerry Peeper stated he lives in the area of the proposed site and is opposed to the contract due to the fact it would create negative traffic and environmental impact issues. Mr. Ron Prenger stated he is opposed to the proposed contract due to traffic issues. Mr. Eric West stated he is opposed to the proposed contract due to traffic and other issues. Mr. Chris Scheperle, stated that he is the contractor in the proposed contract, and stated his reasons for supporting the contract. Mr. Brad Bates stated he is in favor of the proposed compost site and gave his reasons for doing so. Other proposed bills: Mr. Leonard Steinman made comments regarding Bill 2010 -20, the clean air petition. AMENDMENT TO AGENDA Councilman Bryan Pope made a motion to amend the agenda to take up Pending Bill 2010 -15 (compost contract) and Introduced Bill 2010 -21 (parking on E. Franklin) early seconded by Councilman Bob Scrivner, and approved unanimously. Mayor John Landwehr suggested that Council go ahead and take up the Consent Agenda first since it only requires a simple voice vote. The Council agreed. CONSENT AGENDA (a) Minutes of April 30, May 3, and May 10, 2010 City Council Meetings A motion was made by Councilman Dave Griffith for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. REGULAR COUNCIL MEETING MAY 17, 2010 7 BILLS INTRODUCED - TAKEN UP OUT OF ORDER Bill 2010 -21, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS). SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A); AND SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (B), (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF EAST FRANKLIN STREET. BILLS PENDING - TAKEN UP OUT OF ORDER Bill 2010 -15, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALL SEASONS HOME AND LAWN CARE, LLC, FOR THE OPERATION OF A PUBLIC COMPOST SITE. Bill 2010 -15 was read third time by title and placed on final passage. Following a lengthy discussion, Councilman Kenneth Ferguson called the question, seconded by Councilman Rich Koon, and the call for the question was defeated by the following roll -call vote: Aye: Ferguson, Harvey, Koon, and Pope Nay: Carroll, Griffith, Medin, Penfold, Scrivner, and Struemph A motion was then made by Councilman Ron Medin to amend the contract as follows: Add the following language to the end of Paragraph 3: "...and among the considerations for renewal shall be whether access to the drop -off site directly from State route C is established prior to May 31, 2011." The motion to amend was seconded by Councilwoman Carrie Carroll, and defeated by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, and Medin Nay: Harvey, Koon, Penfold, Pope, Scrivner, and Struemph REGULAR COUNCIL MEETING MAY 17, 2010 8 Bill 2010 -15 was then passed by the following roll -call vote as Ordinance 14678: Aye: Carroll, Ferguson, Griffith, Koon, Medin, Pope, and Scrivner Nay: Harvey, Penfold, and Struemph RECESS Mayor John Landwehr called a recess at 8:43 P.M. RECONVENE The meeting was reconvened by Mayor John Landwehr at 8:55 with the following Council Members present: Present: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None BILLS INTRODUCED Bill 2010 -18, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO GRAFFITI. Bill 2010 -19, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 OF THE CODE PERTAINING TO PARKING IN FIRE LANES. Bill 2010 -20, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES, AS SUBMITTED BYAN INITIATIVE PETITION FROM REGISTERED VOTERS OF THE CITY OF JEFFERSON, MISSOURI, AND SETTING THE DATE FOR SUCH ELECTION. Councilwoman Carrie Carroll asked staff to get information about the cost of the available election dates so she could determine which would be the least expensive ballot to place the clean air issue. REGULAR COUNCIL MEETING MAY 17, 2010 9 *Bill 2010 -21 was taken up out of order earlier in the meeting. BILLS PENDING Bill 2010 -3, sponsored by Councilman Penfold, 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 THE TANNER BRIDGE ROAD AND ELLIS BOULEVARD INTERSECTION. Bill 2010 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14666: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -4, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATION COMPANY, INC. FOR THE LAFAYETTE STREET RECONSTRUCTION PROJECT. Bill 2010 -4 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14667: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -5, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 OF THE CODE OF THE CITY REGARDING SEWER COLLECTION PRACTICES. Bill 2010 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14668: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING MAY 17, 2010 10 Bill 2010 -8, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF JEFFERSON CITY WEST COMMERCIAL PARK SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2010 -8 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14671: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -9, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO TRADE CENTER PARKWAY, LOCATED IN JEFFERSON CITY WEST COMMERCIAL PARK SUBDIVISION. Bill 2010 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14672: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -10, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF FAIRGROUND ACRES SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2010 -10 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14673: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -11, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND REGULAR COUNCIL MEETING MAY 17, 2010 11 HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO RILEY COURT AND MORGAN COURT, LOCATED IN FAIRGROUND ACRES SUBDIVISION. Bill 2010 -11 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14674: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -12, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3, ADVERTISING AND SIGNS, TO ALLOW LARGE AREA COMMERCIAL DEVELOPMENT SIGNS. Bill 2010 -12 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14675: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -13, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SURESCAN TECHNOLOGY, LLC FOR IRIS BIOMETRIC HARDWARE AND SOFTWARE. \ Bill 2010 -13 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14676: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -14, sponsored by Councilman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE PROPERTIES SELECTED BY THE HISTORIC PRESERVATION COMMISSION FOR THE 2010 LANDMARK AWARDS. Bill 2010 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14677: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING MAY 17, 2010 12 Bill 2010 -16, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON PERTAINING TO QUALIFICATIONS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION. Councilwoman Carrie Carroll requested that Bill 2010 -16 be placed on the Informal Calendar at this time. Bill 2010 -17, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF TAOS TO ACCEPT WASTEWATER FROM TAOS FOR TREATMENT. Councilman Jim Penfold requested that Bill 2010 -17 be placed on the Informal Calendar at this time. RESOLUTIONS There were no resolutions brought before the Council at this time. SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman invited the public to attend the Relay for Life event in June. NEW BUSINESS Councilwoman Carrie Carroll announced that Thursday night she and Councilman Eric Struemph graduated from the Citizens Police Academy and encouraged citizens interested in participating in that program to contact the Police Department. UNFINISHED BUSINESS There was nothing brought before the Council at this point. REGULAR COUNCIL MEETING MAY 17, 2010 13 GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session at this time to discuss the following: Litigation [Sec. 610.021(1)] A motion was made by Councilman Jim Penfold to go into closed session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 9:20 P.M.: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None