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HomeMy Public PortalAbout20091221REGULAR COUNCIL MEETING DECEMBER 21, 2009 1 CALL TO ORDER The Regular Council Meeting of December 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 (arrived at 6:04 P.M.), Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: Ferguson 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. *Councilwoman Carrie Carroll arrived at this point in the meeting (6:04 P.M.) PUBLIC HEARINGS (a) Rezoning 0.24 Acres at 1127 and 1129 E. McCarty Street from RA -2 to Pud (b) Approval of Preliminary and Final PUD Plan for 1127 and 1129 E. McCarty Street Assistant Community Director Charles Lansford made a staff presentation explaining the background of both items (a) and (b) as they are related. Following his presentation, no one came forward to testify in favor of, or opposition to, the proposed rezoning or PUD plan. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the two associated Pending Bills. Bill 2009 -100, 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 0.24 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL REGULAR COUNCIL MEETING DECEMBER 21, 2009 2 TO PUD PLANNED UNIT DEVELOPMENT, FOR LAND ADDRESSED AS 1127 AND 1129 EAST McCARTY STREET, DESCRIBED AS PART OF LOT 15 OF OWENS SUBDIVISION OF OUTLOTS NOS. 55 AND 56, JEFFERSON CITY, COLE COUNTY, MISSOURI Bill 2009 -100 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14615: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -101, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 1127 AND 1129 EAST MCCARTY STREET; DESCRIBED AS PART OF LOT 15 OF OWENS SUBDIVISION OF OUTLOTS NOS. 55 AND 56, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -101 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14616: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None MISCELLANEOUS AGENDA ITEMS Nothing under this topic was brought before the Council 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. Parks & Recreation Commission, November 10, 2009 b. Council Committee on Administration, November 4, 2009 c. Historic Preservation Commission, November 10, 2009 d. Public Safety Committee, October 30, 2009 e. Airport Advisory Committee, November 2, 2009 f. Board of Adjustment, September 15, 2009 REGULAR COUNCIL MEETING DECEMBER 21, 2009 3 g. Planning & Zoning Commission, November 12, 2009 h. CAMPO Board of Directors, November 18, 2009 Finance Reports for October and November, 2009 j. Veteran's Plaza Board of Trustees, January 22, 2008 k. Housing Authority Board of Directors, November 17, 2009 TIF Commission, October 15, 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, January 6 at 8:00 A.M. Finance Committee - Councilman Koon reported that the next meeting will be determined at a later date. Public Safety Committee - Councilman Dan Klindt reported that City Administrator Steve Rasmussen has asked that the Committee meet sometime around January 14. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held January 21 at 7:30 A.M. Ad Hoc Committees, if any: Councilwoman Carrie Carroll announced that the Animal Shelter Advisory Committee held its first meeting last week and that a report may be forthcoming at the next Council meeting. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that a Work Session will be held on Monday, January 11 to discuss the sidewalk master plan. Councilman Jim Penfold requested that the topic of code enforcement also be added to the agenda for that work session. Mayor John Landwehr announced that a Council Retreat will be held on Saturday, February 6 from 8:00 A.M. to 2:00 P.M. at the Hy -Vee Community Room for the Council to discuss short -range and long -range plans. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING DECEMBER 21, 2009 4 The following appointments were recommend by Mayor John Landwehr for City Council approval: (a) Jefferson City Police Department — Police Officer: Erin Korenberg A motion was made by Councilman Jim Penfold for approval of the appointment as recommended, seconded by Councilman Dan Klindt, and approved unanimously. (b) City Boards and Commissions 1. CVB (1) Chris Hackman, Full term to expire Dec. 2010 (2) Kevin Zumwalt, Full term to expire Dec 2012 (3) Julie Glaser, Full term to expire Dec 2012 2. Environmental Quality Commission (1) Chekesha Nelson, Full term to expire Nov 2014 3. Historic Preservation Commission (1) Richard Telthorst, Full term to expire Dec 2012 (2) Cathy Bordner, Full term to expire Dec 2012 (3) Jenny Smith, Full term to expire Dec 2012 4. Parks & Recreation Commission (1) Denise Chapel, Partial term to expire May 2010 5. 9 -1 -1 Communications Committee (1) Ray Bledsoe, Full term to expire Dec 2010 (2) Randy Hanlin, Full term expire Dec 2010 A motion was made by Councilman Bob Scrivner to approve the appointments as recommended, seconded by Councilman Mike Harvey, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. REGULAR COUNCIL MEETING DECEMBER 21, 2009 5 PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Rich McCarty stated that he had intended to speak about Bill 2009 -105 (parking on E. Franklin Street) as it affected parking at his business, but that he had been asked to meet with City Engineer Matt Morasch and a couple of other persons interested in this issue. They hoped to reach some sort of agreement concerning this issue which would be satisfactory to all parties. He asked that the Council consider delaying the vote on this bill until after that meeting. Mr. Mark Pulliam made a presentation regarding Bill 2009 -116 (tattooing). He explained his support for the bill and indicated that he believed the fee for such establishments be set at a substantial rate to cover the City's cost and to ensure that only reputable establishments are operating, and suggested either a 1% fee, or a flat amount in the range of$1,000. Following his presentation, he answered questions asked by the Council. Ms. Sheila Symes made a presentation regarding Bill 2009 -117 (trash service assistance for indigent citizens) the single- stream trash and recycling service now in effect in the City. She stated she is opposed to the idea of using any taxpayer funds for the purpose of assisting low- income persons pay for the service. Mr. Ray Walker stated that he is also opposed to Bill 2009 -117 and doesn't believe any taxpayer funds should be given to the Samaritan Center, which is a charitable organization. Mr. Howard Taggart stated he agreed with Mr. Walker's comments regarding Bill 2009 -117. Mr. Josh Harmon stated he is opposed to Bills 2009 -110, 2009 -111, and 2009 -112 pertaining to the liquor control board and related issues. Mr. Don Bowman stated he is also opposed to Bill 2009 -117 if taxpayer funds are used to assist indigent citizens pay for trash services. Mr. Leonard Steinman stated his position on the following bills: 2009 -116 (tattooing), 2009 -112 (licensing of non - intoxicating liquor), and 2009 -107 (towing contract). CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of November 9, December 4, and December 7, 2009 City Council Meetings A motion was made by Councilman Bob Scrivner to approve the minutes, seconded by Councilman Mike Harvey, and approved unanimously. BIDS OVER $25,000 REGULAR COUNCIL MEETING DECEMBER 21, 2009 6 Bid 2471 — 2010 Patrol Vehicles, Police Dept. A motion was made by Councilman Dan Klindt to approve the bid, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2009 -110, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY AUTHORIZING THE LIQUOR CONTROL BOARD TO ADOPT PROCEDURES FOR THEIR HEARINGS. A lengthy discussion was held regarding Bills 2009 -110, 2009 -111, and 2009 -112. Bill 2009 -111, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY MAKING PERSONS AND BUSINESSES WHO HAVE THEIR LIQUOR LICENSE REVOKED INELIGIBLE FOR NEW LICENSES. Bill 2009 -112, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING LICENSING FOR NONINTOXICATING LIQUORS. Bill 2009 -113, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FORA TRANSIT AND CENTRAL MAINTENANCE FACILITY FEASIBILITY STUDYAND APPROVING A SUPPLEMENTAL APPROPRIATION. Bill 2009 -114, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRANSYSTEMS CORPORATION FOR A TRANSIT - CENTRAL MAINTENANCE FACILITY FEASIBILITY STUDY. Bill 2009 -115, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY FOR THE CITY OF JEFFERSON TO FURNISH JOINT COMMUNICATIONS SERVICES TO COLE COUNTY. REGULAR COUNCIL MEETING DECEMBER 21, 2009 7 Councilman Dan Klindt requested that the rules be suspended and Bill 2009 -115 placed on final passage. There were no objections to the request to suspend the rules. Bill 2009 -115 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14622: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -116, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO TATTOOING. Bill 2009 -117, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAMARITAN CENTER FOR ASSISTANCE FOR INDIGENT TRASH CUSTOMERS. A lengthy discussion was held regarding Bill 2009 -117. Mayor John Landwehr asked staff to let the Council know the source of funds associated with this bill. Bill 2009 -118, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SANBORN MAP COMPANY INC. FOR DIGITAL AERIAL ORTHOPHOTOGRAPHY. BILLS PENDING Bill 2009 -102, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. FOR THE ENGINEERING DESIGN OF LAFAYETTE STREET EXTENSION AND IMPROVEMENTS. Bill 2009 -102 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14617: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph REGULAR COUNCIL MEETING DECEMBER 21, 2009 8 Nay: None Bill 2009 -104, sponsored by Councilman Penfold, 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 CAPITAL IMPROVEMENT SALES TAX FUND. Bill 2009 -104 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14618: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -105, sponsored by Councilman Klindt, 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 EAST FRANKLIN STREET. Councilman Dan Klindt requested that Bill 2009 -105 be placed on the Informal Calendar at this time. Bill 2009 -107, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOW PRO, LLC FOR TOWING AND STORAGE SERVICE OF ABANDONED MOTOR VEHICLES. Bill 2009 -107 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14619: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RECESS Mayor John Landwehr called a brief recess at this time (7:53 P.M.) REGULAR COUNCIL MEETING DECEMBER 21, 2009 9 RECONVENE The meeting reconvened at 8:00 P.M. with the following Council Members present: Present: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: Ferguson INFORMAL CALENDAR 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 remain on the Informal Calendar at this time. Bill 2009 -98, sponsored by Councilman Penfold, entitled: 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. Councilman Jim Penfold requested that Bill 2009 -98 be removed from the Informal Calendar and placed on final passage at this time. Bill 2009 -98 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14620: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Mayor John Landwehr and several Council members thanked City Counselor Nathan Nickolaus for his efforts in working with all the parties to get this issue to into a version upon which they could all agree. REGULAR COUNCIL MEETING DECEMBER 21, 2009 10 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. Councilman Dan Klindt requested that Bill 2009 -99 be removed from the Informal Calendar at this time and placed on final passage. A motion was made by Councilman Dan Klindt to accept the Substitute Bill 2009 -99 which was distributed in the Council packets on December 17. The motion was seconded by Councilman Mike Harvey. City Counselor Nathan Nickolaus explained in detail the substitute bill. Following a lengthy discussion, a motion was made by Councilman Ron Medin to amend the Substitute Bill 2009 -99 as follows: Subsection C(2)a shall be amended by adding the text shown herein in bold text: a. Applications for sidewalk deferral shall be completed on forms prescribed by the Director at the time of submittal of the site plan, when site plan approval is required, or if no site plan is required, with the building permit application. A copy of an application for a sidewalk deferral shall be provided to each member of the City Council immediately upon its submission. Following a lengthy discussion, the motion to amend was approved by the following roll -call vote: Aye: Carroll, Koon, Medin, Penfold, and Pope Nay: Harvey, Klindt, Scrivner, and Struemph A motion to further amend Substitute Bill 2009 -99 was made by Councilman Ron Medin, seconded by Councilman Mike Harvey, as follows: Subsection C(2)b shall be amended by adding the text shown herein in bold text: b. A decision on the deferral will be made within 10 days of application submittal. If the Director fails to act on the application within 10 days, the application will be deemed to have been approved. The Director's decision will be transmitted, in writing, to the owner of the property, to each member of the City Council, and lead project consultant, if applicable. The Director shall be entitled to request additional information from the applicant as well as to extend the time period for a decision with the consent of the applicant. The motion to amend was then approved by the following roll -call vote: Aye: Carroll, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey REGULAR COUNCIL MEETING DECEMBER 21, 2009 11 The motion to accept the Substitute Bill 2009 -99, as twice amended, was then approved by the following roll -call vote: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -99 was then passed, as substituted and amended, by the following roll -call vote: as Ordinance 14621: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RESOLUTIONS RS2009 -39 MSP Memorandum of Understanding A motion was made by Councilman Mike Harvey for adoption of RS2009 -39 as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None SCHEDULED REPORTS Human Resources Director Gail Strope made a report, including a video, on the character trait "Compassion." Following her report, Mayor John Landwehr thanked her. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Carla Steck and Mr. Thomas Robbins made a presentation regarding Ms. Steck's request for $5,000 to fund local art. They answered questions asked by the Mayor and City Council regarding her request. Mr. Leonard Steinman presented several issues of concern to him, including trash, and taxation following annexations. REGULAR COUNCIL MEETING DECEMBER 21, 2009 12 COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Jim Penfold made a motion that the sense of the City Council for the City Administrator is encouraged to support the Public Arts and Events Corporation in the amount of $5,000 for the Art Inside the Park event which will occur during the calendar year 2010. The motion was seconded by Councilman Mike Harvey. Following a lengthy discussion, Councilman Bob Scrivner moved to amend the motion to add that such funds are to come solely from the existing money already set aside in the public arts line item of the budget intended for use by the Cultural Arts Commission. The motion was seconded by Councilman Mike Harvey. Following further discussion, a recess was suggested to allow staff to locate information requested by the Council before voting on this issue. RECESS Mayor John Landwehr called a five - minute recess at this time (10:00 P.M.) RECONVENE The meeting reconvened at 10:05 P.M. with the following Council Members present: Present: Carroll, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: Ferguson CONTINUATION OF COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Mayor John Landwehr called for a vote on the motions on the floor. The motion made by Councilman Bob Scrivner to amend Councilman Jim Penfold's original motion was defeated by the following roll -call vote: Aye: Harvey and Scrivner Nay: Carroll, Klindt, Koon, Medin, Penfold, Pope, and Struemph Councilman Jim Penfold's original motion was then defeated by the following roll -call vote: Aye: Carroll, Harvey, and Penfold REGULAR COUNCIL MEETING DECEMBER 21, 2009 13 Nay: Klindt, Koon, Medin, Pope, Scrivner, and Struemph UNFINISHED BUSINESS Councilman Jim Penfold asked questions regarding composting, which were answered by Assistant Community Director Charles Lansford. ADJOURNMENT A motion to adjourn was made by Councilman Mike Harvey, seconded by Councilman Eric Struemph, and approved unanimously at 10:06 P.M.