The URL can be used to link to this page

Home My Public Portal About20090921REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 1 CALL TO ORDER The Regular Council Meeting of September 21, 2009, 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, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Absent: None A quorum was declared present. Mayor 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. ITEMS TAKEN UP OUT OF ORDER Mayor John Landwehr stated that the Council wished to take up a couple of items out of order to accommodate some citizens present for those issue. Miscellaneous Agenda Items: a. Proclamation - Missouri Planning Council for Developmental Disabilities Mayor John Landwehr asked representatives who were present to come forward and make any announcements they might have regarding this issue. Mr. Charles Nickolaus, Mr. Roger Dickey, and Ms. Becky Dickey made a brief presentation, followed by the acceptance of a proclamation presented to them by Mayor John Landwehr. Resolutions: RS2009 -22 Endorsing Creation of Enhanced Enterprise Zone by Cole County (Medin) Staff: Nathan Nickolaus A motion was made by Councilman Bob Scrivner for adoption of the Resolution as REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 2 presented, seconded by Councilman Dan Klindt, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph None PUBLIC HEARINGS Councilman Ron Medin announced that he is recusing himself from discussion or action on the two public hearing matters due to a conflict of interest. Following his announcement, he left the Council Chambers. Mayor John Landwehr stated that the two public hearing matters would be combined since they are both related, but that Bill 2009 -64 will be voted on before 2009 -63. (a) Approval of a Preliminary PUD Plan for "The Orchard at Schellridge" located in Schellridge North Subdivision, 2600 Block of Drew Perry Road (Struemph); and (b) Rezoning 18.44 Acres of Land from RS -1 Low Density Residential to PUD Planned Unit Development and an Associated Comprehensive Plan Amendment for Property Located in Schellridge North Subdivision 2600 Block of Drew Perry Road City Planner Janice McMillan made a staff presentation giving details of the background of this issue. Councilman Eric Struemph announced that he had offered a substitute Bill 2009 -64, and explained that the changes offered in the substitute bill were to address some of the concerns of the residents. Several questions were asked, and a lengthy discussion held following staff presentation. At the conclusion of the staff presentation, the following persons came forward to speak on the issues: In favor: Mr. Duane Schreimann and Mr. Mike Bates on behalf of the developer, explained the developer's plans for the development and answered questions. Mr. Kit Royer, owner of the property in question, explained the background of his ownership of the property. In opposition: No one present came forward to speak in opposition. There being no further testimony made at this time, Mayor John Landwehr announced the evidentiary portion of the public hearings is now concluded, and that the Council will now take up the associated pending bills, with Bill 2009 -64 considered before 2009 -63, as REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 3 previously discussed. Bill 2009 -64, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR 18.44 ACRES LOCATED IN THE 2600 BLOCK OF DREW PERRY ROAD, CONSISTING OF LOTS 1 THROUGH 20 OF SCHELLRIDGE NORTH SUBDIVISION, BEING A PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -64 was read third time by title and placed on final passage. A motion was made by Councilman Eric Struemph to accept the Substitute Bill 2009 -64 previously distributed, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Scrivner, and Struemph Nay: Pope Recused / Abstained: Medin Bill 2009 -64 was then passed, as substituted, by the following roll -call vote as Ordinance 14580: Bill 2009 -63, 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 18.44 ACRES IN THE 2600 BLOCK OF DREW PERRY ROAD FROM RS -1 LOW DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, DESCRIBED AS LOTS 1 THROUGH 20 OF SCHELLRIDGE NORTH SUBDIVISION, BEING A PART OF SECTION 2, 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 2009 -63 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14581: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Scrivner, and Struemph Nay: Pope Recused / Abstained: Medin Councilman Ron Medin returned to the Council Chambers at this point. Mayor John Landwehr called for a ten - minute recess at this point (7:30 P.M.) REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 4 RECONVENE The meeting was reconvened at 7:40 P.M. with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Absent: 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: a. Council Committee on Administration, May 6, June 3, July 6, and August 12, 2009 b. Parks and Recreation Commission, August 11, 2009 c. Public Safety Committee, July 31, 2009 d. Planning & Zoning Commission, August 13, 2009 e. CAMPO Board of Directors, August 19, 2009 f. Transportation & Traffic Commission, July 15, 2009 g. Mural Public Hearing Minutes, September 1, 2009 h. Airport Advisory Committee, August 3, 2009 i. Board of Adjustment, August 11, 2009 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be held at 8:00 A.M. on October 9. REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 5 Finance Committee - Councilman Rich Koon will ask staff to show some ideas for deferred spending in the event that sales tax revenues continue to decrease. The next meeting will be held following the October 16 Brown Bag. Public Safety Committee - Councilman Dan Klindt reported that the Committee will meet on October 2 at Fire Station Three following the Brown Bag meeting. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, September 24 at 7:30 A.M. Ad Hoc Committees, if any: No ad hoc reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS (a) Oktoberfest in Old Munichburg — Melva Fast made an announcement regarding this event which will be held Saturday, September 26, from 10:00 A.M. to 6:00 P.M. (b) Mural Hearing — Charlie Lansford announced that a public hearing will be held tomorrow, September 22, at 12:30 P.M. APPOINTMENTS BY THE MAYOR The following Jefferson City Police Appointments were recommended by Mayor John Landwehr to the following City Boards and Commissions: Board of Adjustment Robert Dallmeyer — 9/2014 — Full Term Andrew Haake (Alt.) — 9/2010 Glenn Bonner (Alt.) — 9/2010 Stacey Young (Alt.) — 9/2010 Animal Shelter Advisory Committee Gregory Boyer — 9/2012 — Full Term Jim Crago — 9/2012 - Full Term Gregory Popp — 9/2012 - Full Term Human Relations Commission Carolyn Atkins — 10/2012 — Full Term Wayne Lee — 10/2012 — Full Term A motion was made by Councilman Bob Scrivner for approval of the recommended appointments, seconded by Councilman Mike Harvey, and approved unanimously. REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 6 PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of September 4 and September 8, 2009 City Council Meetings A motion was made by Councilman Jim Penfold to approve the minutes as presented, seconded by Councilman Rich Koon, and approved unanimously. Designation of Nathan Nickolaus as Employer Representative to LAGERS A motion was made by Councilman Jim Penfold for approval of the designation as recommended, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2009 -72, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY PERTAINING TO ANIMAL BREEDERS AND SELLERS. Councilwoman Carrie Carroll withdrew Bill 2009 -72 at this time. Bill 2009 -73, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING SEVERAL PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. Bill 2009 -74, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR COMMAND WEB OFFSET COMPANY, INC. IN CONNECTION WITH THE PROPOSED ISSUANCE BY THE CITY OF JEFFERSON, MISSOURI OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO FINANCE THE COSTS OF SUCH PROJECT. REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 7 BILLS PENDING Bill 2009 -65, 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 2009 -65 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14582: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -66, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LAND LEASE AGREEMENT WITH AT &T FOR SPACE AT FIRE STATION ONE. Bill 2009 -66 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14583: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -67, sponsored by Councilman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 12 (ELECTIONS), SECTION 18, (VACANCIES, HOW FILLED), OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO THE PROCEDURE TO FILL COUNCIL VACANCIES. Bill 2009 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14584: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 8 Bill 2009 -69, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PREMIER BANK FOR THE ACQUISITION OF REAL ESTATE. Bill 2009 -69 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14585: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -70, sponsored by Councilman Scrivner and Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A COST APPORTIONMENT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2009 -70 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14586: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR Bill 2009 -52, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WREN SOLUTIONS FOR INSTALLATION OF SECURITY CAMERAS AT TRANSIT AND CENTRAL MAINTENANCE. Councilman Jim Penfold requested that Bill 2009 -52 remain on the Informal Calendar at this time. Bill 2009 -61, sponsored by Councilman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPLYING A NAMESAKE REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 9 TO HIGHWAY 179 BETWEEN WEST EDGEWOOD DRIVE AND MISSOURI ROUTE C AS HARTSFIELD BOULEVARD. Councilwoman Carrie Carroll requested that Bill 2009 -61 be removed from the Informal Calendar and placed on final passage at this time. Bill 2009 -61 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14587: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RESOLUTIONS RS2009 -20 Authorizing Agreement with The Hartford Group Life Insurance and Long Term Disability Insurance Voluntary Group Benefits (Koon) Staff: Gail Strope A motion was made by Councilman Mike Harvey for adoption of RS2009 -20 as presented, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RS2009 -21 Authorizing Agreement with Mercy Health Plans for Group Health Insurance (Koon) Staff: Gail Strope A motion was made by Councilman Rich Koon for adoption of RS2009 -21 as presented, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RS2009 -22 *taken up out of order (earlier) in the meeting PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 10 Mr. Leonard Steinman, Jefferson City, made a presentation regarding a minister in the City with which he had a disagreement concerning dealing in scrap metal. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Bob Scrivner suggested that Mr. Steinman contact the Missouri Department of Revenue with his concerns expressed immediately prior. NEW BUSINESS Councilman Ron Medin stated that staff has made recommendations concerning the additional 272 applications received for reduced priced single- stream trash and recycling carts since the adoption of Resolution RS2009 -7, and an additional 29 applications for low income discounts. Councilman Medin moved that the Council follow staff's recommendations, as follows, which were distributed at the beginning of this meeting: 1. The additional applications be approved 2. Allied Waste be authorized to approve such additional applications for no- income based discounted carts, not to exceed the total amount authorized in Section 13.2.1 of the contract. 3. The staff be directed to investigate and approve any additional low income applications that are received and approve them subject to the limitations set forth above. The motion was seconded by Councilman Bob Scrivner, and approved by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey Mayor John Landwehr made announcements regarding the Character Plus program which is being sponsored through the public schools and encouraged the Council and citizens to get involved. He stated some students would be attending some future Council meetings in connection with this program and wanted to make the Council aware of that fact. UNFINISHED BUSINESS REGULAR COUNCIL MEETING SEPTEMBER 21, 2009 11 No Unfinished Business was brought forward. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Bob Scrivner, seconded by Councilman Jim Penfold, to approve the September 8, 2009 Closed Session Minutes. Motion was approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council will go into Closed Session at this time to discuss the following: Litigation [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 Kenneth Ferguson, and approved unanimously by the following roll -call vote at 8:20 P.M.: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None