HomeMy Public PortalAbout20091019REGULAR COUNCIL MEETING OCTOBER 19, 2009 1
CALL TO ORDER
The Regular Council Meeting of October 19, 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 agenda items
out of order to accommodate people who were attending the meeting for those items. They
are Resolution RS2009 -27 and Mr. Charlie Palmer's presentation about the Lewis and Clark
Monument.
RS2009 -27 Recognizing 2010 Outstanding Service Award Recipient (Struemph) Staff:
Gail Strope.
Following a presentation by Ms. Strope, a motion was made by Councilman Dan Klindt for
adoption of the resolution as presented, seconded by Councilman Rich Koon, and approved
unanimously by voice vote. The Resolution was then presented to the recipient, Mr. Herbert
( "Herb ") Huhman, Community Development Department, who was congratulated by the
Mayor and City Council.
Mr. Charlie Palmer made a report regarding the amount of tourism generated to the City
REGULAR COUNCIL MEETING OCTOBER 19, 2009 2
by the Lewis and Clark monument. Mayor John Landwehr thanked Mr. Palmer for his
continued work in connection with the monument and his contribution to the community by
his continued efforts.
PUBLIC HEARINGS
(a) Approving Amended PUD Plan for 2106 Jefferson Street
Following staff presentation by Ms. McMillan, the following persons came forward to testify
in favor of the proposed amended PUD plan:
Mike Bates, Central Missouri Professional Services, offered to answer any questions about
the project.
At the conclusion of all public testimony, Mayor John Landwehr stated that the Council will
now take up the associated pending Bill 2009 -75.
Bill 2009 -75, sponsored by Councilman Struemph, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED
PUD PLAN FOR PROPERTY ADDRESSED AS 2106 JEFFERSON STREET; DESCRIBED
AS PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 24 AND PART OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP
44 NORTH, RANGE 12 WEST, AND PART OF LOT 5 OF OAK LEAF ACRES, SECTION
1, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2009 -75 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14591:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
(b) Rezoning 1.42 Acres at 118 W. Ashley and 713 Washington from RA -2 to C -1, and
Endorsing Associated Comprehensive Plan Amendment
Following staff presentation by Ms. McMillan, the following persons came forward to testify
in favor of the proposed rezoning:
Tom Thompson, Central United Church of Christ, applicant, gave a brief presentation
regarding the background of the requested rezoning.
Mr. John Engelbrecht, Executive Director of Calvary Lutheran High School, explained the
use which is organization had planned for the building being considered.
Following the testimony, the witnesses answered questions about parking and hours of
operation asked by the Council. Mayor John Landwehr also took the opportunity to thank
Mr. Thompson for his church's participation to make the annual Oktoberfest in Old
Munichburg a success.
At the conclusion of all public testimony, Mayor John Landwehr stated that the Council will
now take up the associated pending Bill 2009 -76.
REGULAR COUNCIL MEETING OCTOBER 19, 2009 3
Bill 2009 -76, 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 1.42 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL
TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 118 WEST
ASHLEY STREET AND 713 WASHINGTON STREET, DESCRIBED AS INLOTS 909, 910
AND 911, CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN
AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN
TO REFLECT SUCH CHANGE.
Bill 2009 -76 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14592:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Councilman Ron Medin announced that he is recusing himself from the next two items on
the agenda due to a conflict of interest, and left the Council Chambers at this time.
Mayor John Landwehr asked Staff to present on both items (c) and (d) at this time since
they are related.
(c) Rezoning 6.02 Acres in 1700 Block of London Way from M -1 to RS -3 and Endorsing
Associated Comprehensive Plan Amendment; and
(d) Voluntary Annexation and Zoning Plan for RS -3 for 32.56 Acres in 1700 Block of
London Way
Following staff presentation by Ms. McMillan giving the details of the requested rezoning
and the voluntary annexation, the following persons came forward to testify in favor of
the proposed rezoning and voluntary annexation:
Mr. Mike Bates, Central Missouri Professional Services, appeared on behalf of the
developer, and offered to answer any questions regarding the project for both this item
and the following item (d) on the agenda as they were related.
At the conclusion of all public testimony, Mayor John Landwehr stated that the Council
will now take up the associated pending Bills 2009 -77 and 2009 -78.
Bill 2009 -77, 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 6.02 ACRES FROM M -1 LIGHT INDUSTRIAL
TO RS -3 MEDIUM DENSITY DETACHED RESIDENTIAL, FOR LAND LOCATED IN
THE 1700 BLOCK OF LONDON WAY, DESCRIBED AS PART OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 44
NORTH, RANGE 12 WEST, COLE COUNTY, MISSOURI, AND ENDORSING AN
AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE
PLAN TO REFLECT SUCH CHANGE.
Bill 2009 -77 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING OCTOBER 19, 2009 4
following roll -call vote as Ordinance 14593:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
Abstain & absent during vote: Medin
Bill 2009 -78, sponsored by Councilman Struemph, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT
CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE 1700
BLOCK OF LONDON WAY; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 44 NORTH, RANGE 12
WEST, IN THE COUNTY OF COLE, STATE OF MISSOURI; AND AMENDING SECTION
1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE
EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO
THE SAME SUBJECT.
Bill 2009 -78 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14594:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
Abstain & absent during vote: Medin
Councilman Ron Medin returned to the Council Chambers at this time.
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. Airport Advisory Committee, September 4, 2009
b. JCTV Steering Committee, July 9 and September 17, 2009
c. Millbottom Site Committee, June 17, 2008, March 18, and April 11, 2009
d. Public Safety Committee, September 4, 2009
e. Planning & Zoning Commission, September 10, 2009
f. Human Relations Commission, September 8, 2009
g. Plumbing Board of Review & Examiners, August 27, 2009
h. Historic Preservation Commission, August 11, 2009
i. Parks & Recreation Commission, September 8, 2009
j. Housing Authority Board of Commissioners, August 25, 2009
REGULAR COUNCIL MEETING OCTOBER 19, 2009 5
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 November 4.
Finance Committee - Councilman Rich Koon reported that last meeting was held last
Friday, October 16, following the Brown Bag work session.
Public Safety Committee - Councilman Dan Klindt reported that the Committee will meet
on October 30 following the Brown Bag meeting at Fire Station #3 and take a tour of the
facility.
Public Works & Planning Committee - Councilman Jim Penfold reported that the next
meeting will be held on Thursday, October 22 at 7:30 A.M.
Ad Hoc Committees, if any: No reports were given at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
The following meetings were announced by City Administrator Steve Rasmussen.
a. Nov. 9 — City Council Work Session on Transit
Finance Director Steve Schlueter announced that the City's annual surplus property auction
will be held October 31, and that a list of the items are available on the City's website or by
calling the City Purchasing Division and requesting a copy.
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments for Council approval:
Appointments to City Boards and Commissions:
Human Relations Commission:
1. Joe Simmons, October 2011, Partial Term
2. Sharon Mize - Buadu, December 2011, Full Term
A motion was made by Councilman Ron Medin for approval of the appointments as
REGULAR COUNCIL MEETING OCTOBER 19, 2009 6
recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously.
Appointments of Council Liaison to City Boards & Commissions:
Council Liaison to Animal Control Advisory Board:
Councilman Eric Struemph
A motion was made by Councilman Mike Harvey for approval of the appointment as
recommended, seconded by Councilman Bryan Pope, and approved unanimously.
Appointments to Other Boards and Commissions:
Enhanced Enterprise Zone Board representative:
Councilman Ron Medin
A motion was made by Councilman Bob Scrivner for approval of the appointment as
recommended, seconded by Councilman Rich Koon, and approved unanimously.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
Jason Turner, Public Fire Education Officer, made a presentation regarding the upcoming
opening burning season which will begin November 15, and run through March 15. He
reminded citizens of safety issues and regulations regarding open burning.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
Minutes of October 2, October 5, and October 12, 2009 City Council Meetings
A motion was made by Councilman Jim Penfold to approve the minutes, seconded by
Councilman Rich Koon, and approved unanimously.
BILLS INTRODUCED
Bill 2009 -87, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED STATES
INFRASTRUCTURE CORP., D /B /A USIC /SM &P UTILITY RESOURCES, INC., FOR
UTILITY LOCATE SERVICES.
REGULAR COUNCIL MEETING OCTOBER 19, 2009 7
Bill 2009 -88, sponsored by Councilwoman Carroll, entitled:
AN ORDINANCE AMENDING CHAPTER 5 (ANIMALS) OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, BY ADDING DEFINITION FOR "PROVOCATION" OF ANIMALS,
AND CLARIFYING THE APPEALS PROCESS.
Councilman Jim Penfold stated he would be offering some amendments to this bill before
the next Council meeting which will change the age included in the description for
"provocation" from age five to age seven, as well as adding "other persons" to the exclusions
if the other person is charged with protecting a child who may provoke an animal. Mayor
John Landwehr asked him to send out the amendments in writing, and also asked staff to
look into whether there would be any ramifications of changing the age limits.
Bill 2009 -89, 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 CALLAWAY
COUNTY COLLECTOR FOR BILLING AND COLLECTION OF TAXES.
BILLS PENDING
Bill 2009 -80, 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 &
ASSOCIATES FOR RIVERSIDE PUMP STATION UPGRADE DESIGN SERVICES .
Bill 2009 -80 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14595:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Bill 2009 -81, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-
401 (STREETS AND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMIT ZONES) OF
THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING PORTIONS OF DUNKLIN
STREET AND JEFFERSON STREET; AND SCHEDULE (N), (PARKING METER ZONES
AND MONTHLY PARKING FEES) PERTAINING TO LOT #31.
Councilman Ron Medin requested that Bill 2009 -81 be placed on the Informal Calendar
at this time.
Bill 2009 -82, sponsored by Councilman Penfold, entitled:
REGULAR COUNCIL MEETING OCTOBER 19, 2009 8
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009
BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE SALES TAX "E" FUND.
Bill 2009 -82 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14596:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Bill 2009 -83, sponsored by Councilman Klindt, 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 2009 -83 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14597:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope,
Scrivner, and Struemph
Nay: None
Bill 2009 -84, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON PERTAINING TO STORAGE REQUIREMENT FOR TOWED
VEHICLES.
Bill 2009 -84 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14598:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
INFORMAL CALENDAR
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.
REGULAR COUNCIL MEETING OCTOBER 19, 2009 9
Councilwoman Carrie Carroll stated she wished Bill 2009 -73 to remain on the Informal
Calendar at this time.
RESOLUTIONS
RS2009 -26 Renewal of Contract with St. Paul Travelers for Property and Liability
Insurance (Koon)
A motion was made by Councilman Bob Scrivner for adoption of RS2009 -26 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 -28 Resolution Regarding Trash and Recycling Dumpster Return Policy (Scrivner)
Councilman Bob Scrivner stated he wished to withdraw Resolution RS2009 -28 at this time.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
There were no presentations made at this time.
COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS
No discussion occurred at this time.
NEW BUSINESS
Councilman Bob Scrivner stated the reason he withdrew Resolution RS2009 -28 was due
to the fact he and Councilman Eric Struemph had visited the Allied Waste office and asked
questions regarding the issue, and the answers received were sufficient enough to warrant
withdrawal of the resolution. Mayor John Landwehr suggested that Councilman Scrivner
may wish to provide the information he had brought up to staff so it could be made available
to the public.
REGULAR COUNCIL MEETING OCTOBER 19, 2009 10
Councilman Bryan Pope asked questions about how the list of property owners was
obtained by Allied for their cart distribution. Assistant Community Director Charles Lansford
stated that it was provided through the City's GIS system. A lengthy discussion was held
regarding the issue.
Mayor John Landwehr mentioned the "Character First" campaign being sponsored through
the high school and stated that the character trait of "Honesty" was the current topic of
discussion, and asked Police Chief Roger Schroeder to be prepared to make comments at
the November 2 Council meeting regarding what the trait means to him in his position as
Police Chief.
UNFINISHED BUSINESS
No Unfinished Business was brought forward.
ADJOURNMENT
As no further business was brought before the Council at this time, a motion was made by
Councilman Bob Scrivner for adjournment, seconded by Councilman Kenneth Ferguson,
and approved unanimously at 7:25 P.M.