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HomeMy Public PortalAbout20100621REGULAR COUNCIL MEETING JUNE 21, 2010 1 CALL TO ORDER The Regular Council Meeting of June 21, 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, Harvey, Koon, Penfold, Pope, Scrivner and Struemph Absent: *Griffith (arrived at 6:22 P.M.) and Medin 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. AMENDMENT TO AGENDA A motion was made by Councilman Bob Scrivner to amend the agenda to add Resolution RS2010 -15 which was distributed at the June 18 Brown Bag Work Session, seconded by Councilman Rich Koon, and approved unanimously. PUBLIC HEARINGS (a) Rezoning 1.02 Acres at 2821 South Ten Mile Drive A staff presentation was made by City Planner Janice McMillan explaining the details of the requested rezoning. Following her presentation, no one came forward to speak in favor of, or in opposition to, the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2010 -24, sponsored by Councilman Struemph, 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 1.02 ACRES OF LAND ADDRESSED AS 2821 SOUTH TEN MILE DRIVE FROM C -O OFFICE COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL. REGULAR COUNCIL MEETING JUNE 21, 2010 2 Bill 2010 -24 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14684: Aye: Carroll, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None (b) Rezoning 1.12 Acres at 1505 E. High and Endorsing Associated Comprehensive Plan Amendment A staff presentation was made by City Planner Janice McMillan explaining the details of the requested rezoning. Following her presentation, she answered questions asked by the Council. The following persons came forward to speak regarding the proposed rezoning: In favor: Mr. Tom Gredell, owner of the property involved. Mr. Leonard Steinman, stated his approval of the proposed project. No one came forward to speak in opposition to the proposed rezoning. Mayor John Landwehrdeclared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2010 -25, sponsored by Councilman Struemph, 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 1.12 ACRES FROM RS -4 MEDIUM DENSITY RESIDENTIAL AND C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 1505 EAST HIGH STREET, AND ENDORSING AN AMENDMENT OF THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -25 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14684: Aye: Carroll, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None (c) Adoption of South Ten Mile Drive / Kenborg Hills Neighborhood Plan A staff presentation was made by City Planner Janice McMillan explaining the Neighborhood Plan and answered questions asked by the Council. *Councilman Dave Griffith arrived at this time (6:22 P.M.) during the presentation of item (c). The following persons came forward to speak regarding the proposed rezoning: REGULAR COUNCIL MEETING JUNE 21, 2010 3 In favor: Mr. Leonard Steinman, stated his approval of the proposed Neighborhood Plan. No one came forward to speak in opposition to the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated Resolution. RS2010 -13 Adoption of South Ten Mile Drive / Kenborg Hills Neighborhood Plan (Struemph) A motion was made by Councilman Rich Koon for adoption of RS2010 -13 as proposed, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None MISCELLANEOUS AGENDA ITEMS (a) Human Resources Director Gail Strope introduced five of the City's seven summer interns and asked each of them to tell what school they are from and the City Department in which each of them will be working this summer. The following interns were introduced: Charles Boyd, University of Missouri, Columbia - Parks & Recreation Marshall Edelman, University of Missouri Law School, Columbia - Law Ciara Gibson, Westminster College, Fulton - Communications Rachel Jones; University of Missouri Law School, Columbia - Law Elizabeth Stratman, Culver- Stockton College, Human Resources Ms. Strope stated that two more interns, Matthew Evers, Engineering, and Chris Hillen, I.T.S., both from Linn State Tech will be introduced at the July 6th meeting. Following the introduction of the interns, Mayor John Landwehr welcomed the students and commended the City for this program which has resulted in the hiring of two interns to full - time City positions since the program began three years ago. (b) Proclamation — Parks Month Following the reading of the proclamation, J. J. Gates came forward to accept the proclamation and the Mayor's congratulations for a job well -done by the entire Parks program on behalf of the City. REGULAR COUNCIL MEETING JUNE 21, 2010 4 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: Board of Adjustment, December 8, 2009 Airport Advisory Committee, May 3, 2010 CAMPO Technical Committee, May 6, 2010 CAMPO Board of Directors, May 19, 2010 Planning & Zoning Commission, May 13, 2010 Public Safety Committee, April 30, 2010 April 2010 CVB Minutes and Reports (On file in City Clerk's office) Missouri River Regional Library 2009 Annual Report (Bound document on file in City Clerk's Office) Parks and Recreation Commission, May 11, 2010 Council Administration Committee, April 7 and May 5, 2010 Board of Electrical Examiners and Review, April 14, 2010 May 2010 Finance Reports 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 Committee met will on Wednesday, June 9 and several items which came out of that meeting are on tonight's Council agenda for action. Finance Committee - Councilman Koon reported that the Committee met on Friday, June 18 after the Brown Bag work session. The June 24 budget meeting has been canceled due to prior commitments of several of the City Council Members. Public Safety Committee - Councilman Mike Harvey reported that the Committee met last Friday, June 4 following the Brown Bag work session, and that the next meeting is scheduled for Friday, July 2. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, June 24 at 7:30 A.M. Ad Hoc Committees, if any: REGULAR COUNCIL MEETING JUNE 21, 2010 5 There were no ad hoc Committee reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Bryan Pope announced a meeting of the JCTV Steering Committee will be held on Tuesday, June 29 at 2:00 P.M. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to City Boards and Commissions for Council approval: Board TIF Commission Name ExpiresFull /Partial Darryl Winegar Apr 2014 Full USSJC Submarine Mark Aulbur Jun 2013 Full Parks & Recreation Denise Chapel May 2013 Full Planning & Zoning: Bob George May 2014 Full Dean Dutoi May 2014 Full Trans. & Traffic: Keven Kelly Jun 2013 Full Bill Washburn Jun 2013 Full A motion was made by Councilman Dave Griffith for approval of the appointments as presented, seconded by Councilman Bryan Pope, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS (a) Mr. Jack Dillingham of Piper Jaffray made a presentation regarding the upcoming sale of sewer revenue bonds. Following his presentation he answered questions by the Council. Mayor John Landwehr stated unless there were any objections, he would suspend the rules to take up the associated Resolution RS2010 -11 at this time. There were no objections to the suspension of the rules. RS2010 -11 - A motion was made by Councilman Jim Penfold to adopt the Substituted version of RS2010 -11 which was distributed at the June18 Brown Bag meeting, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING JUNE 21, 2010 6 (b) City Engineer Matt Morasch made a presentation regarding the East McCarty Street project which is a City / County cooperative project. Following his presentation, he answered questions asked by the Council. Mayor John Landwehrstated since he has family members who own property adjoining the property involved in the project, he will recuse himself from discussions or actions on this issue which may arise.\ (c) Presentation by City Counselor Nathan Nickolaus explaining the procedure for filling an unexpired City Council vacancy. Following his presentation he answered questions asked by the Mayor and Council regarding the dates the Council may nominate and elect the new Council member. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Leonard Steinman made comments regarding Bill 2010 -29, Milling and Overlay. CONSENT AGENDA (a) Minutes of June 4, June 7, and June 14 City Council Meetings A motion was made by Councilman Mike Harvey for approval of the Consent Agenda as presented, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED Bill 2010 -32, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OZARK HARLEY DAVIDSON, INC. FOR LEASE OF HARLEY DAVIDSON, MODEL FLHP, POLICE MOTORCYCLES. Bill 2010 -33, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTECH & ASSOCIATES FOR HEATING, AIR CONDITIONING AND REFRIGERATION MAINTENANCE SERVICES. REGULAR COUNCIL MEETING JUNE 21, 2010 7 Bill 2010 -34, sponsored by Councilmen Struemph and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROGRAMMATIC AGREEMENT WITH THE STATE OF MISSOURI CONCERNING HISTORIC PRESERVATION CONCERNS AS WELL AS AN INTER - GOVERNMENTAL AGREEMENT WITH THE STATE OF MISSOURI CLARIFYING THE PARTIES' OBLIGATIONS. BILLS PENDING Bill 2010 -23, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO PROCEDURES AND GROUNDS FOR REVOCATION OF A BUSINESS LICENSE. Bill 2010 -23 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14683: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -26, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO JANUARY 31, 2010. Bill 2010 -26 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14686: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -27, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF FEBRUARY 1, 2010 TO SEPTEMBER 30, 2010. REGULAR COUNCIL MEETING JUNE 21, 2010 8 Bill 2010 -27 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14687: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -28, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HENDERSON ENGINEERS, INC. FOR THE DESIGN OF HVAC SYSTEM AT THE WHITECOTTEN LAW ENFORCEMENT CENTER; AND AMENDING THE 2009 -2010 BUDGET BY A SUPPLEMENTAL APPROPRIATION OF U.S. DEPARTMENT OF ENERGY GRANT FUNDS. Bill 2010 -28 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14688: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -29, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY, INC. FOR THE 2010 MILL AND OVERLAY. Bill 2010 -29 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14689: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -30, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BNIM ARCHITECTS FOR PARKING GARAGE COST AND GEOTECHNICAL EVALUATION. Bill 2010 -30 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14690: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING JUNE 21, 2010 9 Bill 2010 -31, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY ON THE NORTHERN PORTION OF MARSHALL STREET AND ON AN ADJACENT UNNAMED ALLEY. Councilman Jim Penfold requested that Bill 201031 be placed on the Informal Calendar at this time. INFORMAL CALENDAR 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 removed from the Informal Calendar and placed on final passage at this time. Bill 2010 -16 was read third time by title and placed on final passage. Councilwoman Carrie Carroll made a motion to accept the Substitute Bill 2010 -16 which had previously been distributed, seconded by Councilman Rich Koon, and approved unanimously. Councilwoman Carrie Carroll stated that in recent discussions by the Historic Preservation Commission, the Commission concluded that Section 1 of the Substitute Bill is no longer necessary. Councilwoman Carrie Carroll moved to amend Substitute Bill 2010 -16 now before the Council by removing Section 1 and renumbering subsequent Sections accordingly, seconded by Councilman Eric Struemph, and approved unanimously. Bill 2010 -16 was then passed, as substituted, and amended, by the following roll -call vote as Ordinance 14691: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None RESOLUTIONS RS2010 -12 Resolution Concurring with Award of Contract to Selected Bidder for City / County Cooperative E. McCarty Street Reconstruction Project (Penfold) A motion was made by Councilman Mike Harvey for adoption of RS2010 -12, seconded by REGULAR COUNCIL MEETING JUNE 21, 2010 10 Councilman Dave Griffith, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None RS2010 -14 Authorizing the Police Chief to Apply for Federal Funding Through the COPS Grant Program (Harvey) A motion was made by Councilman Mike Harvey for adoption of RS2010 -14 as presented, seconded by Councilman Eric Struemph, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph None RS2010 -15 Recognizing Midwest Employers Casualty Company as Excess Workers' Compensation Carrier (Koon) A motion was made by Councilman Rich Koon for approval of RS2010 -15 as presented, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman invited citizens to attend Thursday night events occurring in the Central Business District, as well as the Salute to America event on July 4. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS REGULAR COUNCIL MEETING JUNE 21, 2010 11 There were no comments made at this time. NEW BUSINESS A discussion was held regarding the possibility of accepting nominations for the vacant Ward One Council seat at the July 2 Brown Bag meeting. Following the discussion, a motion was made by Councilman Rich Koon that nominations be accepted at the July 2 Brown Bag meeting, seconded by Councilman Eric Struemph. Afterfurtherdiscussion, Councilman Rich Koon moved to amend his motion to say that the Council will START to accept nominations at the July 2 Brown Bag meeting, accept any further nominations at the July 6 Council Meeting, and that nominations be closed at end of nominations made at the July 6 meeting, and the date for the election set to occur at the July 19 Council meeting. Councilman Eric Struemph seconded the motion to amend. The motion to amend was approved unanimously. The original motion was then approved, as amended, unanimously. City Counselor Nathan Nickolaus clarified qualifications for a Council Member as set out in the City Code. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Dave Griffith to approve the Closed Session minutes of June 7, 2010, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING JUNE 21, 2010 12 ADJOURNMENT A motion was made by Councilman Jim Penfold for adjournment, seconded by Councilman Bob Scrivner, and approved unanimously at 7:55 P.M.