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Home My Public Portal About20100315REGULAR COUNCIL MEETING MARCH 15, 2010 1 CALL TO ORDER The Regular Council Meeting of March 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. AMEND AGENDA Councilman Rich Koon made a motion to amend the agenda at this time to take up item 11(a), "Presentations from Staff, Consultants and Invited Guests" next, to allow the student writing contest winners to get home early following their presentation. The motion was seconded by Councilman Bob Scrivner, and approved unanimously. ITEMS TAKEN UP OUT OF ORDER Presentations from Staff, Consultants and Invited Guests. Mayor John Landwehr invited Ms. Banks and Ms. Gillis to come forward and sit in the Mayor's chair to read their respective winning essays. (a) South School "Jefferson City: A Place for Families" Writing Contest Winners: i. Samantha Banks - stated she would like to see a "Magic House" in our City like the one in St. Louis ii. Tyja Gillis - stated she thought Jefferson City would benefit from having its own "Going Bonkers" like the one in Columbia Following their presentations, Mayor John Landwehr commended and congratulated them REGULAR COUNCIL MEETING MARCH 15, 2010 2 upon their winning entries, and thanked Councilman Rich Koon for his work with this event each year since he started it a few years ago. PUBLIC HEARINGS (a) Rezoning 0.14 Acres at 1102 E. McCarty Street from RA -2 to N -O City Planner Janice McMillan made a staff presentation giving details of the requested rezoning. Following her presentation, the following persons came forward to speak on the issue: In favor: Dave Bordner, owner of the property in question. He explained his request for the rezoning. As no further persons requested 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 -140, 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 0.14 ACRES ADDRESSED AS 1102 EAST MCCARTY STREET, FROM RA -2 HIGH DENSITY RESIDENTIAL TO N -O NEIGHBORHOOD OFFICE, DESCRIBED AS PART OF LOT 19 OF OWENS SUBDIVISION OF OUTLOTS 55 AND 56, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -140 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14652: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None (b) Renn Addition and Business 50 East Bus Route Combination City Planner Janice McMillan made a staff presentation explaining the events leading up to this public hearing, and giving reasons that staff is proposing the route changes. Following her presentation, the following persons came forward to speak on the issue: Mr. Wayne Lee stated that, as a member of the JeffTran Task Force, he is in favor of the proposed changes and gave his reasons for his opinion. REGULAR COUNCIL MEETING MARCH 15, 2010 3 Mr. Leonard Steinman stated his reasons for opposing the proposed route changes. Following the close of the public testimony, several questions were asked by the Mayor and City Council. Mayor John Landwehr asked the City Clerk to place this issue under "Unfinished Business" on the April 5 Council agenda. MISCELLANEOUS AGENDA ITEMS There were no items brought up 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, February 1, 2010 b. Public Works & Planning Committee, July 23, August 20, September 24, October 22, November 9, November 19, 2009; January 15 and January 21, 2010 c. USS Jefferson City Submarine Committee, January 5, 2010 d. Environmental Quality Commission, January 21, 2010 e. Finance Committee, January 15, 2010 f. Conference Committee, March 18, 2009 g. Police Personnel Board, October 22, 2009, and January 14, 2010 h. Liquor Control Board, October 28, 2009 Public Safety Committee, February 12, 2010 j. 2010 Annual Affirmative Action Report k. Human Relations Commission, January 12, 2010 Parks & Recreation Commission, February 9, 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 REGULAR COUNCIL MEETING MARCH 15, 2010 4 will be April 7 at 8:00 A.M. Finance Committee - Councilman Koon reported that he is planning to hold a meeting in April. Mayor John Landwehr asked that the report which the Council had just received from the Finance Department be made available to the public on the City's website. Public Safety Committee - Councilman Dan Klindt reported that Committee will meet on Friday, March 19 and an agenda will be sent out in the next couple of days. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, March 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 stated that a Work Session is tentatively planned for Monday, April 12, and that City Administrator Steve Rasmussen will be developing an agenda for that meeting. APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Ms. Gloria Enloe gave the Council a status report on issues involving JCTV. Following her presentation, she showed the Council the new logo, and answered several questions and invited the Council to an open house on April 1 before the station undergoes renovation. She stated another open house will be held after the renovations to allow the public to see the work that was performed. Mayor John Landwehr thanked Ms. Enloe and invited her to come back and make these reports quarterly. Fire Chief Bob Rennick made a presentation regarding the open burning season. Following his presentation, a motion was made by Councilman Bob Scrivner to extend the current open burning season by two weeks, seconded by Councilman Dan Klindt. Mayor John Landwehr asked City Counselor Nathan Nickolaus to advise the Council whether an REGULAR COUNCIL MEETING MARCH 15, 2010 5 extension of the burning season can be accomplished by a motion, or would it require an ordinance or resolution. City Counselor Nathan Nickolaus stated he would need to look up the issue in the City Code. Mayor John Landwehr stated the action on the motion will be deferred until later in the meeting under Unfinished Business to allow Mr. Nickolaus time to look up that information. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS AND RESOLUTIONS Mr. Joe Wilson read a letter regarding legal action pertaining to the citywide trash / recycling issue. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of February 26 and March 1, and March 8, 2010 City Council Meetings A motion was made by Councilman Jim Penfold to approve the Consent Agenda, seconded by Councilman Bob Scrivner, and approved unanimously. BILLS INTRODUCED Bill 2009 -145, sponsored by Councilman Ferguson, 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 AT 4211 PINEHURST COURT; DESCRIBED AS LOT 45A OF THE REPLAT OF LOTS NOS. 45 AND 46, THE MEADOWS BY THE CLUB, SECTION THREE, 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 -146, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CLARIFYING THAT OWNERS OF SINGLE FAMILY RESIDENCES AND DUPLEXES MAY PLACE IN THEIR LEASE THE OBLIGATION TO HAVE TRASH SERVICE. BILLS PENDING REGULAR COUNCIL MEETING MARCH 15, 2010 6 Bill 2009 -138, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO LOITERING. Bill 2009 -138 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14650: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -139, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO PEDESTRIAN CONTROL SIGNS. Bill 2009 -139 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14651: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -141, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF FAIRGROUND ACRES SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2009 -141 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14653: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -142, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PAIGE DRIVE, LOCATED IN FAIRGROUND ACRES SUBDIVISION. Bill 2009 -142 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14654: REGULAR COUNCIL MEETING MARCH 15, 2010 7 Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -143, 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 FOUR SEASONS DRIVE. Bill 2009 -143 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14655: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -144, 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 STADIUM BOULEVARD. Bill 2009 -144 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14656: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS There were no Resolutions on the agenda for tonight's meeting. SCHEDULED REPORTS REGULAR COUNCIL MEETING MARCH 15, 2010 8 Mayor John Landwehr stated that he has asked Mr. Lansford to defer his report scheduled for tonight until the April 5 Council meeting. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations made at this time. NEW BUSINESS There was no New Business brought forward at this time. UNFINISHED BUSINESS Previous motion made by Councilman Bob Scrivner regarding extension of open burning season: City Counselor Nathan Nickolaus stated that he had looked up the issue in the City Code, and the specific dates have been codified, which means that for the Council to change those dates would require another ordinance. Councilman Bob Scrivner withdrew his motion, and Councilman Dan Klindt withdrew his second. Mayor John Landwehr suggested the Council may want to consider what actions it wants to have in place in the future if they wish to address that issue again. Councilwoman Carrie Carroll reminded the Council and citizens that there is a compost site where yard wastes can be dropped off at no charge rather than burning it. Councilwoman Carrie Carroll mentioned the recent "Poetry Out Loud" event in which she participated and stated she was very impressed with the event. That organization's website is www.poetryoutloud.org. REGULAR COUNCIL MEETING MARCH 15, 2010 9 GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session at this time to discuss the following: Litigation [Sec. 610.021(1)] 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: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None