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HomeMy Public PortalAbout20100201REGULAR COUNCIL MEETING FEBRUARY 1, 2010 1 CALL TO ORDER The Regular Council Meeting of February 1, 2010, 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 John 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. MISCELLANEOUS AGENDA ITEMS City Planner Janice McMillan explained the recent Proclamation naming Public Transportation Day in Missouri by the Honorable Governor Jay Nixon. 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 Board, December 16, 2009 b. CAMPO Technical Committee, November 5, 2009 c. Planning & Zoning Commission, December 10, 2009 d. Transportation & Traffic Commission, November 18, 2009 e. Housing Authority Board of Commissioners, December 15, 2009 f. Police Personnel Board, October 22, 2009 REGULAR COUNCIL MEETING FEBRUARY 1, 2010 2 g. Public Safety Committee, December 4, 2009 h. Finance Committee, November 13, 2009 i. University of Missouri Extension 2009 Annual Report (bound report available in City Clerk's office) 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 announced that the next meeting will be Wednesday, February 3 at 8:00 A.M. Finance Committee - Councilman Koon reported that the next meeting will be held on Friday, February 26, immediately following the 12:00 P.M. Brown Bag work session. Public Safety Committee - Councilman Dan Klindt reported that the next Committee meeting will be held on Friday, February 12 at Fire Station Two. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held February 18 at 7:30 A.M. Ad Hoc Committees, if any: No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS 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, and it is a meeting which the public and media may attend to hear this discussion. APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Steve Picker, Jefferson City Convention & Visitors' Bureau (CVB) made a visual presentation and distributed a report on the following activities of the CVB this year which REGULAR COUNCIL MEETING FEBRUARY 1, 2010 3 highlighted and promoted tourism within the City: MSP Tours, Walk -In Visits, Social Networking, Sales Leads, and Editorial Content. Mr. Brian Gann of Mediacom made a presentation regarding his company's service provided to citizens of Jefferson City. Mayor John Landwehr asked several questions regarding problems which citizens have with locating and viewing the public access channel, JCTV. Mr. Gann also answered numerous questions asked by the Council on issues pertaining to support staff and services provided to Mediacom customers. Mr. Gann left his telephone number with City Administrator Steve Rasmussen and indicated anyone may call him if they have problems or questions. He also stated that the local office is located at 1922 Southridge in the City. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. David Brydon explained that Adrian's Island came about with the building of dikes in 1957. He indicated he has not made up his mind yet whether is favors, or opposes, the proposed Adrian's Island project, but that he thought if the Council knew more of the history of the island it might be helpful in their decision on the issue. Mr. Chuck Lahmeyer stated he is in favor of developing Adrian's Island. Mr. Ken Wildhaber stated he is opposed to the development of Adrian's Island and stated he thinks that the Corps of Engineers will not allow it because of river flooding. Mr. Chris Scheperle stated he is opposed to the development of Adrian's Island and listed numerous reasons for his opposition. Mayor John Landwehr stated he would ask staff later in the meeting to answer several questions brought up in Mr. Scheperle's statements. Mr. Jack Pletz requested, on behalf of the Housing Authority who owns Adrian's Island, that the Council approve the proposed Adrian's Island project before it tonight. Mr. Ray Walker stated his reasons for opposing the development of Adrian's Island. Mr. Darrel Winegar stated his reasons for favoring the Adrian's Island project. Mr. Joe Wilson stated he is opposed to the Adrian's Island development project. Mr. Steve Duncan stated that, as a member of both the CVB Board and the Parks and Recreation Commission, he is in favor of the Adrian's Island project. Mr. Marty Miller, also a member of the Parks and Recreation Commission, stated he is in favor of the Adrian's Island project. Mr. Steve Picker, stated that the CVB had recently voted unanimously that the Adrian's Island project would be beneficial to the City. Mr. Leonard Steinman stated his reasons for opposing the Adrian's Island project. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS REGULAR COUNCIL MEETING FEBRUARY 1, 2010 4 Councilman Eric Struemph stated that he was born at St. Mary's in Jefferson City and therefore, when Mr. Steinman continues to state that none of the Council Members are "from Jefferson City" he is incorrect. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of January 11, January 15, and January 19, 2010 City Council Meetings A motion was made by Councilman Rich Koon to approve the minutes, seconded by Councilman Ron Medin, and approved unanimously. BILLS INTRODUCED Bill 2009 -127, sponsored by Councilman Penfold, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING THE DISTRIBUTION OF UNSOLICITED DOCUMENTS. Bill 2009 -128, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO ACTION BY THE CITY COUNCIL ON RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION. Bill 2009 -129, 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 3.49 ACRES, INCLUDING 2.92 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C -O OFFICE COMMERCIAL AND 0.57 ACRES FROM RS -2 SINGLE FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL, FOR PROPERTIES ADDRESSED AS 1801 STADIUM BOULEVARD AND 1304, 1312, 1314, 1316 AND 1400 SOUTHWEST BOULEVARD, DESCRIBED AS PARTS OF LOTS 5, 6 AND 7 OF SWIFT AND THOMPSONS SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING FEBRUARY 1, 2010 5 Bill 2009 -130, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE S (LOADING ZONES), SUBPARAGRAPH (B), (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF EDGEWOOD DRIVE. Bill 2009 -131, 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), SUBPARAGRAPH (E), TIME ZONE E, OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF DUNKLIN STREET. Bill 2009 -132, sponsored by Councilman Klindt, 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. BILLS PENDING Bill 2009 -119, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARCHITECTS ALLIANCE, INC. FOR ANIMAL SHELTER DESIGN SERVICES. Councilman Ron Medin stated he is recusing himself from discussion and /or action on Bill 2009 -119 due to a conflict of interest. Bill 2009 -119 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14631: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and Struemph Nay: None Abstain: Medin Bill 2009 -121, sponsored by Councilmen Koon and Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A SUPPLEMENTAL PROGRAM REGULAR COUNCIL MEETING FEBRUARY 1, 2010 6 AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR EXTENDING PEDESTRIAN AND BICYCLE FACILITIES TO ADRIAN'S ISLAND NATURE AREA AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2009 -121 was read third time by title and placed on final passage. Following a lengthy discussion, Councilman Ron Medin moved to call for the question, seconded by Councilman Rich Koon, and approved unanimously. Bill 2009 -121 was then passed by the following roll - call vote as Ordinance 14632: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey Bill 2009 -122, sponsored by Councilman Koon and 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 -122 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14633: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, and Struemph Nay: Harvey, Pope, and Scrivner Bill 2009 -123, sponsored by Councilman Koon and Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH TRANSYSTEMS CORPORATION FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR ADRIAN'S ISLAND ACCESS. Bill 2009 -123 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14634: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey RECESS Mayor John Landwehr called for a brief recess at this time to allow citizens who wished to leave to do so. The meeting recessed at 8:47 P.M. REGULAR COUNCIL MEETING FEBRUARY 1, 2010 7 RECONVENE The meeting reconvened at 8:55 P.M. with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None BILLS PENDING - CONTINUED Bill 2009 -124, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7, ARTICLE XI, OF THE CITY CODE PERTAINING TO THE USS JEFFERSON CITY SUBMARINE COMMITTEE REGARDING MEMBERSHIP OF THE COMMITTEE. Bill 2009 -124 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14635: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -125, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARING AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO SEPTEMBER 30, 2010. Bill 2009 -125 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14636: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -126, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A REQUIRED SIDEWALK PLAN AS CALLED FOR IN SECTION 32 -103 OF THE CITY CODE. REGULAR COUNCIL MEETING FEBRUARY 1, 2010 8 Bill 2009 -126 was read third time by title and placed on final passage. Following discussion, a motion was made by Councilman Bryan Pope to amend the master plan to accept the recommendations made by staff and the public specific to Diamond Ridge, Emerald, and West Edgewood, seconded by Councilman Bob Scrivner, and passed by the following roll - call vote: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, and Scrivner Nay: Klindt and Struemph Following further discussion, Bill 2009 -126 was then passed, as amended, by the following roll -call vote as Ordinance 14637: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR Bill 2009 -105, 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 EAST FRANKLIN STREET. Councilman Medin requested that Bill 2009 -105 be removed from the Informal Calendar and placed on final passage at this time. Bill 2009 -105 was read third time by title and placed on final passage. A motion was made by Councilman Ron Medin to accept the Substitute Bill 2009 -105 which has been distributed to the Council, seconded by Councilman Bob Scrivner, and approved unanimously. Bill 2009 -105 was then passed, as substituted, by the following roll -call vote as Ordinance 14638: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None 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. REGULAR COUNCIL MEETING FEBRUARY 1, 2010 9 Councilman Ron Medin requested that Bill 2009 -117 be removed from the Informal Calendar and placed on final passage at this time. Bill 2009 -117 was read third time by title and placed on final passage. A motion was made by Councilman Ron Medin to accept the substitute Bill 2009 -117 which was previously distributed to the Council, seconded by Councilman Jim Penfold, and approved by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey Following a lengthy discussion, Bill 2009 -117 was then defeated, as substituted, by the following roll -call vote: Aye: Carroll, Ferguson, Medin, and Penfold Nay: Harvey, Klindt, Koon, Pope, Scrivner, and Struemph RESOLUTIONS RS2009 -41 Authorizing Change Order No. 2 with SAK Construction LLC for Basin 16 Rehabilitation Project (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2009 -41, 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 SCHEDULED REPORTS Assistant to the City Administrator Melva Fast presented a power point presentation on the character trait "Self- Discipline ". Following her presentation, Mayor John Landwehr thanked her for her presentation, and stated he will ask a member of staff to make a similar report on the next character trait chosen by the local high school students. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman invited the public to attend the annual Veterans Council chili cook -off on Saturday, February 6 from 11:30 a.m. to 2:00 p.m. at the American Legion Post. REGULAR COUNCIL MEETING FEBRUARY 1, 2010 10 NEW BUSINESS Councilwoman Carrie Carroll thanked all those who made the recent Chamber Gala event a success. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Kenneth Ferguson to approve the January 19, 2010 Closed Session minutes, 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 ADJOURNMENT As there was no further business brought before the Council, a motion was made by Councilman Mike Harvey for adjournment, seconded by Councilman Bob Scrivner, and approved unanimously at 10:05 P.M.