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HomeMy Public PortalAbout20100215REGULAR COUNCIL MEETING FEBRUARY 15, 2010 1 CALL TO ORDER The Regular Council Meeting of February 15, 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. PUBLIC HEARINGS (a) Text Amendment to Chapter 35 Pertaining to Responsibilities for Zoning Ordinance Administration A staff presentation was made by City Planner Janice McMillan explaining the proposed text amendment. Following her presentation, no one present came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. 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 -128 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14640: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph REGULAR COUNCIL MEETING FEBRUARY 15, 2010 2 Nay: None (b) Rezoning 3.49 Acres at 1801 Stadium Blvd. and 1304, 1312, 1314, 1316, and 1400 Southwest Blvd. from RA -2 and RS -2 to C -O A staff presentation was made by City Planner Janice McMillan giving the background of the requested rezoning, and answered questions asked by the Council. Following her presentation, the following persons came forward to speak on the issue: Mr. Leonard Steinman commented on parking lots and "junky" properties at locations near the area proposed for rezoning. There being no one further who wished to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. 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. Bill 2009 -129 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14641: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None MISCELLANEOUS AGENDA ITEMS Mayor John Landwehr presented Finance Director Steve Schlueter with the "Certificate of Achievement for Excellence in Reporting" award for the City's FY2008 budget. He congratulated Mr. Schlueter and the Finance Department on receiving this award for many years consecutively. MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING FEBRUARY 15, 2010 3 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, January 7, 2010 b. Airport Advisory Committee, January 4, 2010 c. Animal Shelter Advisory Committee, December 16, 2009 d. Parks and Recreation Commission, January 12, 2010 e. Cultural Arts Commission, November 24, 2009 f. Board of Electrical Examiners and Review, January 6, 2010 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 17 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 at Fire Station Four, but that a date has not yet been set. 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 City Administrator Steve Rasmussen announced that a Work Session will be held on Monday, March 8 to discuss three topics: (1) Report from Randy Allen of the Chamber of Commerce, (2) Update on CIP, and (3) Update on Code Enforcement issues. Mr. Rasmussen also announced that a Conference Center Design & Construction Committee meeting will be held on Thursday, February 25 at 4:30 P.M. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING FEBRUARY 15, 2010 4 The following appointments were recommended by Mayor John Landwehr for approval at this time: Council Liaison Appointments 1. Parks and Recreation Commission - Councilman Bryan Pope 2. Salute to America Foundation Board - Councilman Eric Struemph A motion was made by Councilman Jim Penfold to approve the appointments as recommended, seconded by Councilman Rich Koon, and approved unanimously. City Boards and Commissions 1. Historic Preservation Commission (a) Jim Chilcutt — Partial term to expire Dec. 2011 (b) Richard Moore, Full term to expire Dec. 2012 2. USS Jefferson City Submarine Committee (a) Michael Ryno, Full term to expire June 2012 3. JCTV Steering Committee (a) Edgar Bailey, Full term to expire Feb. 2011 (b) Mary Schantz, Full term to expire Feb. 2011 3. University Extension Council (a) Matt Willis, Full term to expire Feb. 2012 A motion was made by Councilman Bryan Pope to approve the appointments as recommended, seconded by Councilman Eric Struemph, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Jim Crabtree made a presentation explaining the reasons he opposed the Madison Street overpass as recommended by MoDOT in connection with the Highway 50 EIS. He stated he supports Resolution RS2009 -43 which is on the agenda tonight that states the Council supports the alternative Parkway Plan. Ms. Kathy Crowe stated that, on behalf of the Downtown Business Association, she echoes Mr. Crabtree's comments and also urges passage of RS2009 -43. Mr. Steve Rollins stated that he is currently redeveloping properties on the 100 block of Dunklin Street, and also supports the alternative Parkway Plan for the Whitton Expressway. Mr. John Pelzer, on behalf of the Southside Business Association, and as owner of Busch's REGULAR COUNCIL MEETING FEBRUARY 15, 2010 5 Florist, stated he also is in support of RS2009 -43. Mr. Leonard Steinman made comments regarding Bill 2009 -127 pertaining to the distribution of unsolicited flyers. He stated that anyone distributing flyers should be required to get a City permit to do so. Mr. Darryl Driver spoke as legal counsel on behalf of Johnson Barber and Beauty shop and explained the reasons the EIS will negatively impact businesses owned by African Americans in the part of the City proposed as part of the Highway 50 / Lafayette interchange plan. He shared historical information regarding businesses located in "The Foot" area of the City which were displaced in a similar project in 1969. He answered questions asked by the Mayor and City Council. Councilman Jim Penfold stated that Mr. Roger Schwartze from MoDOT was present tonight and if the Council had questions for him, he would entertain a motion to amend the agenda to allow for that. A motion was made by Councilman Rich Koon to amend the agenda to allow Mr. Schwartze to answer questions raised by previous presenters and also questions about the Highway 50 EIS in general, motion was approved unanimously. Mr. Roger Schwartze of MoDOT answered questions asked by the Council regarding the Highway 50 EIS and proposed Lafayette Interchange in conjunction with the MSP redevelopment / Federal Courthouse location. Following the conclusion of presentations, Mayor John Landwehr stated that the Council may wish to take up RS2009 -43 at this time to accommodate the persons in the gallery who came to the meeting for that issue. There were no objections from the Council to take up the resolution at this time. RS2009 -43 — City's Response to MoDOT Plan for Whitton Expressway Draft EIS (Koon) A motion was made by Councilman Rich Koon to adopt Resolution RS2009 -43 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 *Councilman Dan Klindt left the Council meeting at this point in the meeting. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS There were no comments made at this time. REGULAR COUNCIL MEETING FEBRUARY 15, 2010 6 CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of January 29 and February 1, 2010 City Council Meetings A motion was made by Councilman Kenneth Ferguson to approve the Consent Agenda as presented, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED *Councilman Eric Struemph left the Council Chambers at this time (during introduction of Bill 2009 -133) Bill 2009 -133, sponsored by Councilman Penfold, entitled:\ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOTS 58 AND 59 OF THE TRAILS OF KAUFFMAN HILLS SECTION THREE. Bill 2009 -134, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 7 OF STONERIDGE VILLAGE SECTION TWO. Bill 2009 -135, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 (ADMINISTRATION) OF THE CODE BY ADDING A NEW SECTION 2 -30 (PUBLIC HEARINGS). *Councilman Eric Struemph returned to the Council Chambers at this time (following the introduction of Bill 2009 -135) Bill 2009 -136, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2009 -137, sponsored by Councilman Penfold, entitled: REGULAR COUNCIL MEETING FEBRUARY 15, 2010 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIDWEST ATC SERVICE, INC., FOR AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO JANUARY 31, 2010. BILLS PENDING 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 -127 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14639: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None 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 -130 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14642: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None 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 -131 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14643: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING FEBRUARY 15, 2010 8 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. Bill 2009 -132 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14644: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS RS2009 -42 Granting Permissive Use of Right -of -Way at 114 -124 Dunklin Street to Install Signage on Private Decorative Lighting Poles (Penfold) Staff: Pat Sullivan A motion was made by Councilman Bob Scrivner for adoption of RS2009 -42, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS No presentations were made at this time. NEW BUSINESS REGULAR COUNCIL MEETING FEBRUARY 15, 2010 9 Mayor John Landwehr mentioned some clarification needed to the recently passed citywide trash and recycling ordinance as it pertains to landlords. He asked the Council to decide if they want it to go back to the Administration Committee first, or directly to the Council as a whole, to correct the language. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. ADJOURNMENT As there was no further business brought before the Council, a motion was made by Councilman Bob Scrivner for adjournment, seconded by Councilman Mike Harvey, and approved unanimously at 7:40 P.M.