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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.