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Home My Public Portal About20091116REGULAR COUNCIL MEETING NOVEMBER 16, 2009 1 CALL TO ORDER The Regular Council Meeting of November 16, 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. PUBLIC HEARINGS Approval of Amended Final PUD for 3016 Dupont Circle - City Planner Janice McMillan gave a staff presentation with background of the proposed PUD plan and answered questions asked by the Council. Following Ms. McMillan's presentation, the following persons spoke on the issue: Mr. Bob Whittet spoke on behalf of the applicant, the Pathways organization. Following his presentation explaining the use of the proposed mental health facility, he answered numerous questions asked by the Council. Mr. Mike Bates, Central Missouri Professional Services, also spoke on behalf of the applicant and offered to answer any questions. Mr. Jack Pletz, member of the Pathways Board of Directors, spoke in favor of the proposed plan. The following persons stated their opposition to the proposed PUD plan as they believed that such a mental health facility would be located too close to their homes and businesses: Mr. Steve Popplewell Mr. Bill Sutton REGULAR COUNCIL MEETING NOVEMBER 16, 2009 2 Mr. Ron Marsh Ms. Linda Miller Mr. Curtis Whitrock Mr. Hal Hebert Ms. Judy Nienhueser Mr. Dennis Cruts Mr. Jeff Imhoff Ms. Celeste Ambrosius Ms. Sandy Schwartz Mr. Galen Holloway Mr. Scott Harbor The following persons spoke in favor of the proposed PUD Plan: Mr. Wayne Lee Ms. Linda Bickel At the conclusion of the public testimony, Mayor John Landwehr asked Mr. Whittet to come forward again to answer questions which several of the witnesses had asked concerning the facility, as well as any further questions the Council may have. At the conclusion of the evidentiary portion of the public hearing, the Council then took up the associated pending bill, 2009 -90. Bill 2009 -90, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 3016 DUPONT CIRCLE; DESCRIBED AS LOT 3 OF EXECUTIVE PARK SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -90 was read third time by title and placed on final passage. Following Council discussion and further questions asked of staff, the bill was then passed by the following roll - call vote as Ordinance 14603: Aye: Ferguson, Harvey, Klindt, Koon, Medin, Penfold, and Struemph Nay: Carroll, Pope, and Scrivner REGULAR COUNCIL MEETING NOVEMBER 16, 2009 3 RECESS Mayor John Landwehr called for a ten - minute recess at this point in the meeting (7:25 P.M.) RECONVENE The meeting was reconvened at 7:35 by Mayor John Landwehr 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. CAMPO Technical Committee, October 1, 2009 b. Airport Advisory Committee, October 5, 2009 c. August and September 2009 Finance Reports d. 2008 Missouri River Regional Library Audit Report (bound copy on file in City Clerk's office) e. Public Safety Committee, October 2, 2009 f. Liquor Control Board, May 6, 2009 g. Parks and Recreation Commission, October 13, 2009 h. Historic Preservation Commission, October 13, 2009 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 stated the next meeting will be Wednesday, December 9 at 8:00 A.M. Finance Committee - Councilman Rich Koon reported that the last meeting was held Friday, November 13, immediately following the 12:00 P.M. Brown Bag work session, and REGULAR COUNCIL MEETING NOVEMBER 16, 2009 4 reported that sales tax revenues came in above projected amounts for the last reporting period. Public Safety Committee - Councilman Dan Klindt reported that the Committee will hold its next meeting immediately after the December 4 Brown Bag meeting at the Cole County EMS Center on Southridge Drive and tour the new county -wide ambulance operation. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held Thursday, November 19 at 7:30 A.M. Ad Hoc Committees, if any: Councilwoman Carrie Carroll announced that the Historic Preservation Commission will be dedicating new signage in the Lower Con ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS The following meetings were announced: Councilman Bryan Pope announced that on Thursday, November 19, the Cole County Chapter of the Midwest Foster Care and Adoption Association will hold its first annual Gala event, and shared information about where citizens could purchase tickets. Mayor John Landwehr announced that Michael Fosberg will be performing his play entitled "Incognito" at 7:30 P.M., November 20, at Richardson Auditorium on the Lincoln University campus. Mayor John Landwehr announced that a seminar on redevelopment incentives in Jefferson City will be held on December 3 from 8:00 - 10:00 A.M. at the Coca -Cola Community Room, and Councilman Ron Medin will be participating as a presenter in that event as a member of the Old Town Redevelopment Corporation. APPOINTMENTS BY THE MAYOR The following appointments were recommended by Mayor John Landwehr for Council approval: Planning & Zoning Commission - Michael Lester, Alternate, Full Term, Expires May 2010 A motion was made by Councilman Jim Penfold for approval of the appointment as recommended, seconded by Councilman Eric Struemph, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS REGULAR COUNCIL MEETING NOVEMBER 16, 2009 5 Mr. Stu Duenkel and Ms. Jackie Fischer made a joint presentation on behalf of the Friends of the Animal Shelter organization which has raised funds to apply toward the building of a new animal shelter in the City. Following their presentation, they answered questions by the Council, and several members of the organization came forward to introduce themselves. Mayor John Landwehr and the Council thanked the organization for their hard work in raising funds to build a new shelter. Mr. Wayne Lee made the first quarterly report of the Human Relations Commission. Following his presentation, Mayor John Landwehr thanked both Mr. Lee and the members of that Commission for their contribution to the community through their continued efforts. Mr. Larry Kolb and Mr. Steve Rollins gave a brief overhead presentation showing the progress of the redevelopment currently being performed in the Old Munichberg area through the Tax Increment Financing (TIF) program which they asked the Council to approve tonight. The Mayor and Council thanked the gentlemen for the role they are playing in making Jefferson City beautiful and preserving the history of some of its older neighborhoods. Ms. Deanna Alonso made a brief presentation on behalf of the Cole County Chapter of the Midwest Foster Care and Adoption Association and stated that the organization will hold its first annual Gala event. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Roger Randolph made a presentation regarding Bill 2009 -97 (moratorium on sidewalks) and encouraged the Council not to pass such a moratorium. He stated his reasons for believing that sidewalks were a crucial part of our City. Mr. Michael Brownstein, Jefferson City, stated he is also opposed to Bill 2009 -97 pertaining to a moratorium on sidewalks, and indicated his reasons for doing so. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of October 30 and November 2, 2009 City Council Meetings A motion was made by Councilman Bob Scrivner to approve the minutes, seconded by Councilman Rich Koon, and approved unanimously. BILLS INTRODUCED Bill 2009 -98, sponsored by Councilman Penfold, entitled: REGULAR COUNCIL MEETING NOVEMBER 16, 2009 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION COMMISSION AND COLE COUNTY. Bill 2009 -99, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 32, REGARDING WAIVERS FOR SIDEWALKS. BILLS PENDING Bill 2009 -91, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF CHERRY CREEK SUBDIVISION, SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2009 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14604: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -92, 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 CREEK TRAIL DRIVE. Bill 2009 -92 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14605: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -93, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR THE BOLIVAR STREET AND W. MCCARTY STREET INTERSECTION IMPROVEMENTS. Bill 2009 -93 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING NOVEMBER 16, 2009 7 roll -call vote as Ordinance 14606: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -94, sponsored by Council Members Penfold, Koon, Carroll & Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON CITY, MISSOURI TO ESTABLISH A REDEVELOPMENT AREA, APPROVE THE SOUTHSIDE TAX INCREMENT FINANCING PLAN, APPROVE THE E. DUNKLIN STREET REDEVELOPMENT PROJECT AND ADOPT TAX INCREMENT FINANCING, AND DESIGNATE DUNKLIN STREET PROPERTIES, LLC AS THE DEVELOPER. Bill 2009 -94 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14607: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -95, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2009 -2010 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2009 -95 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14608: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -96, sponsored by Councilman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBLEASE AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR SPACE USED BY AMTRAK GREETERS. Bill 2009 -96 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14609: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph REGULAR COUNCIL MEETING NOVEMBER 16, 2009 8 Nay: None Bill 2009 -97, sponsored by Councilman Klindt, cosponsored by Council Members Carroll, Scrivner, Struemph, Pope, and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING A MORATORIUM ON THE REQUIREMENT OF THE CITY CODE THAT SIDEWALKS BE CONSTRUCTED IN CONJUNCTION WITH IN -FILL DEVELOPMENT AND RENOVATION. Councilman Dan Klindt requested that Bill 2009 -97 be placed on the Informal Calendar at this time. 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. Councilwoman Carrie Carroll requested that Bill 2009 -73 be removed from the Informal Calendar and placed on final passage at this time. Bill 2009 -73 was read third time by title and placed on final passage. Following a brief discussion, the bill was then passed by the following roll -call vote as Ordinance 14610: Aye: Carroll, Ferguson, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey, Klindt, and Koon RESOLUTIONS RS2009 -31 Permissive Use of Right -of -Way for Private Street Lights in 114 -124 E. Dunklin (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2009 -31 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 REGULAR COUNCIL MEETING NOVEMBER 16, 2009 9 RS2009 -32 Permissive Use of Right -of -Way for Construction of a Decorative Fence Fronting Dunklin Street at 118 E. Cedar Way (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2009 -32 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RS2009 -33 Authorizing Application for Land and Water Conservation Grant Fund Assistance (Scrivner) A motion was made by Councilman Bob Scrivner for adoption of RS2009 -33 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RS2009 -34 Approving 2010 CVB Budget (Koon) A motion was made by Councilman Mike Harvey for adoption of RS2009 -34 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman stated he wished to thank City Administrator Steve Rasmussen for his participation in the Veteran's Day ceremonies at the Capitol Building. He also thanked Bill Lockwood and the Parks and Recreation Department for cleaning up the trees on Capitol Avenue, and Public Works for cleaning out the gutters during recent heavy rains to prevent flooding. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS REGULAR COUNCIL MEETING NOVEMBER 16, 2009 10 No discussion occurred at this time. NEW BUSINESS Mayor John Landwehr announced that the deadline to file for City Council elections will be tomorrow, November 17, at 5:00 P.M. UNFINISHED BUSINESS No Unfinished Business was brought forward. SCHEDULED REPORTS Police Chief Roger Schroeder gave a report on the character trait of "Honesty" and what it means to him and how it affects the jobs performed by law enforcement personnel. Mayor John Landwehr thanked him for his report. He stated that Fire Chief Robert Rennick will present a similar report on the trait of "Ethics" at the December 7 meeting. 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: Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Bob Scrivner to go into closed session, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote at 9:20 P.M.: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None