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HomeMy Public PortalAbout20080519REGULAR COUNCIL MEETING MAY 19, 2008 1 CALL TO ORDER The Regular Council Meeting of May 19, 2008, was convened at 6:00 P.M. by President Pro Tempore Kenneth Ferguson in the absence Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: None A quorum was declared present. PUBLIC HEARINGS a) Rezoning and Endorsing Associated Comprehensive Plan Amendment on 2702 E. McCarty Street City Planner Janice McMillan made a staff presentation regarding the background of the requested rezoning. Following her presentation, no one came forward to speak in favor of, or opposition to, the proposed rezoning. President Pro Tempore Kenneth Ferguson declared the evidentiary portion of the hearing concluded and stated the Council will now take up the associated pending bill. Bill 2008 -7, sponsored by Councilman Klindt, 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 0.56 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 2702 E. McCARTY STREET, LOCATED IN PART OF THE SOUTHEAST PART OF PRIVATE SURVEY NO. 2701, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2008 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14354: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith REGULAR COUNCIL MEETING MAY 19, 2008 2 Nay: None MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items brought forward at this time. MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Kenneth Ferguson stated the following minutes have been received and are on file for review in the City Clerk's office, and thanked all members who serve for the time they dedicate to making our City better. a. Administration Committee, March 26, 2008 b. Historic Preservation Commission, April 8, 2008 c. CAMPO Technical Committee, April 3, 2008 d. Police Personnel Board, February 22, 2008 COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin announced the Committee met on May 7 and received a report from Jim Crabtree of the Environmental Quality Commission regarding single- stream recycling, and directed staff to begin taking action on this issue as well as the issue of Old Town priorities. Finance Committee - Councilman Rich Koon announced the Committee met on May 18 to discuss food inspection fees and scheduling meetings for the upcoming budget sessions. The next meeting will be held following the June 13 Brown Bag work session. Public Safety Committee - Councilman Mike Harvey announced that no meeting has been held since the Committee was established, but will meet May 30 following the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold announced the Committee met on April 24, and that the next meeting will be held tomorrow morning, May 20 at 7:45 A.M. and will discussion will include a vacation of right -of -way as well as the bid for the Missouri Blvd., Southwest Blvd., and Jefferson Street sidewalk project. Ad Hoc Committees, if any - No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS REGULAR COUNCIL MEETING MAY 19, 2008 3 City Administrator Steve Rasmussen announced a meeting of the Conference Center Design and Construction Committee will be held on May 27 from 4:00 - 6:00 P.M. at City Hall. APPOINTMENTS BY THE MAYOR President Pro Tempore Kenneth Ferguson announced that Mayor John Landwehr has recommended the following appointments for Council approval: Resolution RS2008 -6 Establishing Conference Center Design & Construction Committee (Medin) A motion was made by Councilman Jim Penfold for approval of RS2008 -6 as presented, seconded by Councilman Rich Koon, and approved unanimously. Members of Conference Center Design & Construction Committee (1) Ralph Bray (2) Edith Vogel (3) Randy Allen (4) Nichole Hoff (5) Steve Picker Appointments to Following City Boards and Commissions Appointment Board /Commission Full Terms Expires Full / Partial Served Ron Dawson Industrial Devel. 1 May 2014 Full William Sutton Historic Preservation 0 Dec 2010 Partial Michael Berry MSP Commission 0 May 2011 Full Gene Bushman MSP Commission 1 May 2011 Full Glen Costales Police Personnel 0 May 2011 Full Rhonda Hoskins Environmental Quality Commission 0 May 2013 Full A motion was made by Councilman Mike Harvey to approve all the committee appointments as presented, seconded by Councilman Ron Medin, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Treatment Plant of the Year Award, with additional honors for Treatment Plant Manager David Erwin and Lab Analyst Clara Haenchen: Wastewater Division Director Eric Seaman explained the award and commended the staff who made it possible. Following his presentation, President Pro Tempore Kenneth Ferguson presented the award plaque to Mr. David Erwin and Ms. Clara Haenchen and congratulated them on a job well done. Councilmen Penfold and Klindt also offered their congratulations REGULAR COUNCIL MEETING MAY 19, 2008 4 to staff. Phil Stiles - Tour of Missouri Local Organizing Committee made a presentation regarding the 2008 Tour which has chosen Jefferson City as a Host City again this year. They distributed information showing the success of last year's event statewide, and in Jefferson City specifically. Mr. Stiles introduced Committee members who were also attending the meeting tonight: Steve Picker, Colleen Taylor, Chris Wrigley, and Mark Mehmert. PRESENTATIONS FROM THE GALLERY Mr. Tim Sigmund, 2731 Deardane Drive, made a presentation on behalf of Tom Kauffman regarding Bill 2008 -16. He stated Mr. Kauffman was the low bidder on this project and that his client objects to another bidder being selected to perform the project. Mr. Tom Kauffman, 252 Kauffman Lane, Bonnots Mill, made a presentation and asked the Council to reconsider the selection of the second low bidder on the project connected with Bill 2008 -16. Following his presentation, he answered several questions asked by Council members regarding his ability to perform the project and his performance of past projects for the City. He stated he believes he is capable of performing the work required on this project. Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding a project on which he has been working on city -owned property located at a Missouri River boat ramp. He asked that he be allowed to use stones which had been removed from the Bassmann House in the project he is working on. City Administrator Steve Rasmussen stated that Conference Center Committee was asked by the City utilize the stones in some manner in the future conference center, and as of this date they have not made any decisions because they are still in the early stages of the development process. Councilwoman Jane A. Smith asked staff to examine leases currently in effect between the City and state agencies and inform the Council what can, or cannot, be done on the property on which Mr. Wilson is currently working. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Mike Harvey and Councilman Dan Klindt made comments regarding Mr. Kauffman's presentation and stated they would like to see how the discussion turns out at tomorrow's Public Works & Planning Committee meeting. Councilman Klindt asked for any report from the Law Dept. On the Leslie Blvd. project which Mr. Kauffman performed. Councilman Brian Crane stated he wanted to see a historic perspective of how this company has performed on all projects done for the city and not just this one, before it is voted on. Councilwoman Jane A. Smith stated she also would like to see a history on the second low bidder as well. REGULAR COUNCIL MEETING MAY 19, 2008 5 CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of May 2 and May 5, 2008 City Council Meetings A motion was made by Councilwoman Jane A. Smith to approve the Consent Agenda as presented, seconded by Councilwoman Cindy Layton, and approved unanimously. BILLS INTRODUCED Bill 2008 -9, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE TOM, INC FOR THE CITY TO BE A HOST CITY FOR THE TOUR OF MISSOURI BIKE RACE EVENT. Bill 2008 -10, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI AND LAND DEVELOPMENT COMPANY GOVERNING THE DEVELOPMENT OF PROPERTY TO BE PLATTED AS STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, IN THE VICINITY OF THE 800 BLOCK OF WEST STADIUM BOULEVARD. Bill 2008 -11, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilwoman Cindy Layton stated she is hearing concerns expressed about having two roundabouts that are so close together and asked questions about who would pay for having the situation remedied if it is discovered later that having two roundabouts are not effectively handling the projected traffic. City Planner Janice McMillan stated she believed the city would pay for those improvements in that event. Bill 2008 -12, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR CONSTRUCTION OF A SUPERSTORE /BIG BOX RETAIL DEVELOPMENT UPON 17.3 ACRES OF LAND LOCATED IN THE 800 BLOCK OF WEST REGULAR COUNCIL MEETING MAY 19, 2008 6 STADIUM BOULEVARD, DESCRIBED AS LOT 9 OF PROPOSED STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, AND CONSISTING OF PART OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER OF SECTION 11 TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -13, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LINCOLN UNIVERSITY. Bill 2008 -14, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN CONSTRUCTION CORPORATION FOR CONSTRUCTION OF THE LOCUST STREET IMPROVEMENTS. Bill 2008 -15, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR 2008 MILLING AND OVERLAY PROGRAM. Councilman Brian Crane asked why no one else bids on this particular project each year. He asked the city to contact APAC and ask why they did not bid. Bill 2008 -16, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR SOUTHWEST BLVD. STORMWATER, AND SOUTHWEST BLVD., MISSOURI BLVD., AND JEFFERSON STREET SIDEWALKS. Councilman Brian Crane stated he believed the language of the bill needed to be changed to remove "lowest" from "lowest and best bid" throughout since the lowest bidder was not selected. Bill 2008 -17, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (A), (FIFTY -FIVE MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON LORENZO GREEN DRIVE AND A PORTION OF HIGHWAY 179; AMENDING SUBPARAGRAPH H (SIXTY MILES PER HOUR), REGULAR COUNCIL MEETING MAY 19, 2008 7 PERTAINING TO PORTIONS OF HIGHWAY 179 AND ROUTE B. Bill 2008 -18, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 28 (FOOD SERVICE), OF THE CODE OF THE CITY OF JEFFERSON, BY AMENDING SECTION 28 -2 PERTAINING TO FEES. Councilman Rich Koon made a motion to accept the Substitute Bill 2008 -18 which had been distributed previously, and which were approved by the Finance Committee at its May 16 meeting. The motion was seconded by Councilwoman Cindy Layton and approved unanimously. Bill 2008 -19, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAK CONSTRUCTION, LLC FOR BASIN 17 SEWER REHABILITATION. BILLS PENDING Bill 2008 -5, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE A(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON A PORTION OF STADIUM BOULEVARD. Bill 2008 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14354: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2008 -6, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 (PARKING, STOPPING AND STANDING), ARTICLE III (PARKING LOTS AND FACILITIES, PART B (MUNICIPAL PARKING GARAGE AND CHAPTER 1 (GENERAL PROVISIONS), SECTION 13 (GENERAL PENALTY; CONTINUING VIOLATIONS) OF THE CODE OF THE CITY OF JEFFERSON. Bill 2008 -6 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14355: REGULAR COUNCIL MEETING MAY 19, 2008 8 Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2008 -8, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF HIGHWAY 50 EAST WAL -MART SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -8 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14357: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None RESOLUTIONS RS2008 -6* (see Appointments by the Mayor above) SCHEDULED REPORTS Staff Flood Hazard Mitigation Report - Matt Morasch made a presentation explaining the steps the City has taken to inform property owners who are in areas of the city which are prone to flooding at certain levels. He showed the postcard which is being sent to those property owners giving them information they can use to mitigate the flooding on their property. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Mike Harvey to approve the minutes of the May 5, 2008 REGULAR COUNCIL MEETING MAY 19, 2008 9 Closed Session, seconded by Councilwoman Cindy Layton, and approved unanimously. ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilwoman Cindy Layton for adjournment, seconded by Councilwoman Jane A. Smith, and approved unanimously at 8:00 P.M.