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Home My Public Portal About20100907REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 1 CALL TO ORDER The Regular Council Meeting of September 7, 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: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: Carroll 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. Mayor Landwehr recognized Boy Scouts present and asked them to stand and introduce themselves and identify the troop to which they belong and what badge are trying to achieve. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. MISCELLANEOUS AGENDA ITEMS There were no miscellaneous agenda items brought forward. 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: a. Transit Focus Group, July 27, 2010 REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 2 b. Planning & Zoning Commission, June 10, 2010 c. CAMPO Board of Directors, July 21, 2010 d. July 2010 Finance Reports e. Transportation & Traffic Commission, July 14, 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 - Vice Chairman Ron Medin announced that Committee will meet will on Wednesday, September 8. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on September 17 following the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the next Committee meeting will be Friday, October 1, immediately before the Brown Bag work session, at Fire Station One. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on September 23 at 7:30 A.M. Ad Hoc Committees, if any: There were no ad hoc reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced a Council Work Session will be held on Monday, September 13 at 5:30 P.M. Charlie Lansford made an announcement about the upcoming Household Hazardous Waste Drop -off Event which will occur on September 25. He stated citizens wishing to utilize the services should call 634 -6410 or 874 -7574 to reserve a time to drop off items. Those who do not call will be charged to participate. REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 3 APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: a. Ad Hoc Committee on the Revitalization of Old Town: 1. Charlie Lansford A motion was made by Councilman Dave Griffith to approve the appointment as recommended, seconded by Councilman Eric Struemph, and approved unanimously. b. Appointments to Boards and Commissions: Board Name Ad Hoc Sign Review Committee Lance Stegeman - Downtown Business Assn. Chris Wrigley - Westside Business Assn. Hank Stratmen - Eastside Business Assn. Beth McGeorge - Board of Realtors Pam Barkhaus - Environmental Quality Commission Eric Struemph - City Council Member Dave Griffith - City Council Member Janice McMillan - City Staff A motion was made by Councilman Mike Harvey for approval of the appointments as recommended, seconded by Councilman Bryan Pope, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Gilbert Cole, Missouri American Water Company, made a presentation regarding several major improvements to the Water Company's system in Jefferson City. Following his presentation, he answered questions asked by the Council and invited them to an event the next day which will signal the beginning of the upgrades which will hopefully be completed by December 2011. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Chuck Lahmeyer made a presentation regarding Bill 2010 -63 (contract for Conference Center Complex) and urged the Council to continue making progress toward a Conference Center in Jefferson City. REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 4 CONSENT AGENDA The following were presented to the Council for approval: (a) Minutes of August 13 and August 16, 2010 City Council Meetings A motion was made by Councilman Jim Penfold for approval of the Consent Agenda, seconded by Councilman Eric Struemph, and approved unanimously. BILLS INTRODUCED Bill 2010 -55, 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 2.51 ACRES FROM C -2 GENERAL COMMERCIAL AND PUD PLANNED UNIT DEVELOPMENT TO RA -1 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 315 FLORA DRIVE, CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. A lengthy discussion was held regarding Bill 2010 -55, and City Planner Janice McMillan answered several questions. Bill 2010 -56, 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 3.6 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (NORTH SIDE), CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -57, 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 13 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (SOUTH SIDE), CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 5 Bill 2010 -58, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2010 TO OCTOBER 31, 2011, REFLECTING FUNDS AS APPROVED IN THE FY 2011 UNIFIED PLANNING WORK PROGRAM. Bill 2010 -59, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO EXTEND THE PUBLIC TRANSPORTATION PLANNING GRANT USED TO FUND THE TRANSIT AND CENTRAL MAINTENANCE FACILITY FEASIBILITY STUDY. Councilman Jim Penfold requested that the rules be suspended and that Bill 2010 -59 be placed on third reading and final passage. There were no objections to the request to suspend the rules. Bill 2010 -59 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14714: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None Bill 2010 -60, 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 ADAMS STREET. Bill 2010 -61, 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 BROADWAY STREET. Bill 2010 -62, sponsored by Councilman Medin, entitled: AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE ELIMINATING THE REQUIREMENT THAT TRASH ONLY BE COLLECTED BY AN AUTHORIZED REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 6 COLLECTOR, AS SUBMITTED BY AN INITIATIVE PETITION FROM REGISTERED VOTERS OF THE CITY OF JEFFERSON, MISSOURI, AND SETTING THE DATE FOR SUCH ELECTION. Bill 2010 -63, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JFCHC, LLC. Councilman Rich Koon asked if this would require a supplemental appropriation. Finance Director Steve Schlueter stated it would, and staff was asked to prepare a substitute bill to add the supplemental appropriation information. Councilman Bryan Pope asked if results from soil testing of the conference center site had been received yet. City Engineer Matt Morasch stated that those results are expected to be received before the next Conference Center Committee meeting on September 30. BILLS PENDING Bill 2010 -50, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2011. Bill 2010 -50 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14715: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None Bill 2010 -52, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2010 -52 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14716: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 7 Bill 2010 -53, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DONOHUE AND ASSOCIATES TO DESIGN A REPLACEMENT FORCEMAIN FOR THE COLE JUNCTION PUMP STATION. Bill 2010 -53 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14717: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar. RESOLUTIONS RS2010 -20 Funding of Sidewalk Repairs and Repealing Sidewalk Repair Code (Penfold) RS2010 -21 Enforcement of Current Sidewalk Repair Code (Penfold) Councilman Jim Penfold stated he is withdrawing both RS2010 -20 and RS2010 -21 at this time. RS2010 -25 Authorizing Renewal of Grant Agreement with Cole County Special Services for Transit Services (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2010 -25 as presented, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None RS2010 -26 Authorizing Renewal of Contract with Missouri Dept. of Health and Senior Services for Child Care Inspections (Koon) A motion was made by Councilman Mike Harvey for adoption of RS2010 -26 as presented, REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 8 seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None RS2010 -27 Change Authorized Representative on Department of Natural Resources State Revolving Fund Projects (Penfold) A motion was made by Councilman Bob Scrivner for adoption of RS2010 -27 as presented, seconded by Councilman Eric Struemph, and approved unanimously by the following roll - call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Michael Brownstein made comments regarding the City's ordinances on loud noise, and stated he has had problems in his neighborhood from recently developed businesses there. Mr. Joe Wilson made comments regarding an animal ordinance which will be coming before the Council in the near future. He also made comments regarding the Missouri River MR340 race. Mr. Charles Steck made comments regarding funding for Art Inside the Park. Following his presentation, he answered questions asked by the Council. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Mayor John Landwehr stated he has asked staff to address Mr. Brownstein's concerns and REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 9 that if Mr. Brownstein has problems in the future he may contact City Administrator Steve Rasmussen directly to expedite the issue being addressed. Councilman Bob Scrivner made comments regarding Mr. Steck's presentation and stated he believes the Council needs to vote on the issue one way or the other regarding the funding requested. Councilman Rich Koon made a motion to approve the $7,000 funding request made by Mr. Steck for Art Inside the Park event, but stated he will vote against it himself. The motion was seconded by Councilman Bob Scrivner who stated he plans to vote against it also, but would like the Council to take definitive action. Following a lengthy discussion, Councilman Eric Struemph made a motion to table Councilman Rich Koon's motion, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None Councilman Koon's motion is tabled. Mayor John Landwehr suggested that Mr. Steck present, in detail, exactly what it is he is proposing to do to carry out the event, to the Cultural Arts Commission. He urged the Commission to advise the Council on the appropriateness and worth of the plan as presented to them by Mr. Steck. NEW BUSINESS Mayor John Landwehr thanked all those sponsors and volunteers who helped make the recent visit to the City by members of our Partner City of Muenchburg, Germany, a great success. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES a. Minutes of August 16, 2010, Closed Session REGULAR COUNCIL MEETING SEPTEMBER 7, 2010 10 A motion was made by Councilman Mike Harvey for approval of the minutes as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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: Legal Actions [Sec. 610.021.(1)] Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Jim Penfold to go into closed session, seconded by Councilman Dave Griffith, and approved by the following roll -call vote at 7:50 P.M.: Aye: Griffith, Harvey, Koon, Medin, Penfold, Scrivner, and Weber Nay: Pope and Struemph