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HomeMy Public PortalAbout20081103REGULAR COUNCIL MEETING NOVEMBER 3, 2008 1 CALL TO ORDER The Regular Council Meeting of November 3, 2008, 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, Klindt, Koon, Layton, Penfold, Randolph, and Scrivner Absent: Harvey and Medin ( *arrived at 6:45 P.M.) A quorum was declared present. Mayor John Landwehr asked if anyone present wished to have their name added to the existing list of presentations from the gallery and added any who responded. PUBLIC HEARINGS (a) HUD Entitlement Grant Plans A staff presentation was made by Assistant to the City Administrator Melva Fast explaining the requirement for the city to conduct this public hearing as well as how the grant program has been utilized in the past, and plans to be utilized in the future. As no one came forward to give testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated resolution. RS2008 -33 Approval Plans for Submission to HUD for Entitlement Grant (Medin) A motion was made by Councilman Dan Klindt for adoption of RS2008 -33 as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Layton, Penfold, Randolph, and Scrivner Nay: None REGULAR COUNCIL MEETING NOVEMBER 3, 2008 2 MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items 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, and thanked all members who serve for the time they dedicate to making our City better. Finance Committee, September 12, 2008 Transportation & Traffic Commission, September 4, 2008 Environmental Quality Commission, August 21, 2008 Mayor Landwehr thanked citizens who serve on the various City boards and commissions for their time and effort to make Jefferson City a better place to live. COUNCIL LIAISON REPORTS Administration Committee - Vice -Chair Councilwoman Cindy Layton reported that the next meeting will be November 5 at 11:30 A.M. in the Boone - Bancroft Room. Finance Committee - Councilman Rich Koon announced that the next meeting will be on November 14 immediately following the Brown Bag Work Session. Public Safety Committee - Councilman Dan Klindt announced that the last meeting was held on Friday, October 31. Public Works & Planning Committee - Councilman Jim Penfold announced that the next meeting will be held on November 20. Ad Hoc Committees, if any: Councilman Jim Penfold gave a brief update on the Conference Center Design & Construction Committee. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Assistant to the City Administrator Melva Fast announced that a "Welcome to Jefferson City" forum for Rt. C / Capital Hills Annexation Area Residents will be held on Thursday, REGULAR COUNCIL MEETING NOVEMBER 3, 2008 3 November 6, 7:00 P.M. at Cedar Hills School. Community Development Director Pat Sullivan announced that a Public Forum on Food Inspection Fees will be held on Thursday, November 6, 2:00 to 4:00 P.M. in the Boone - Bancroft Room. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended newly - elected Councilman Bob Scrivner for the following Council Committee and Liaison appointments on which former Councilman Brian Crane served: 1. Administration Committee 2. Public Safety Committee 3. CAMPO Board Liaison 4. JCTV Steering Committee Liaison 5. Ad Hoc Conference Center Design & Construction Committee A motion was made by Councilman Kenneth Ferguson for approval of the appointments as recommended, seconded by Councilman Rich Koon, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Gloria Enloe, JCTV, made a report about activities in which JCTV participated during the last quarter. Following her presentation, Mayor John Landwehr commended JCTV for their efforts to cover more community events as well as to keep the Council informed of their activities. He asked if an announcement about the fact that the Planning & Zoning Commission meetings are now aired could be included on the City's web meeting calendar. The staff report scheduled for tonight regarding the issue of cost of a lapse in hotel motel lodging tax will be deferred until the November 17 meeting. Mr. Jason Turner, Jefferson City Fire Department, announced that the open burning season will begin on November 15 and run through March 15, and explained the regulations concerning burning during that period. He stated citizens can find information about it on the front page of the City's website. PRESENTATIONS FROM THE GALLERY Mr. Ryan Jackson, 405 Clayton Drive, made a presentation regarding parking at Lincoln University on Chestnut Street. Following his presentation, Mayor John Landwehr asked Community Development Director Pat Sullivan to speak with Mr. Jackson to give him REGULAR COUNCIL MEETING NOVEMBER 3, 2008 4 information about getting his concern on a future Transportation & Traffic Commission meeting agenda. Mr. Paul Ferguson, 2014 Clara Drive, made a presentation regarding a dispute regarding a contract for sidewalk construction project on Broadway Street. Following his presentation, he answered questions asked by the Council. He believes the City should pay him more for the portion of the project to which he referred. *Councilman Ron Medin arrived at this point in the meeting (6:45 P.M.) Ms. Pam Ferguson, 2014 Clara Drive, also made a presentation regarding the contract between Paul Ferguson, her husband, and the City, on the Broadway Street sidewalk project. She distributed information giving figures regarding the project. Mr. Phil McKee, 5524 S. Brooks, made a presentation regarding the countywide ambulance service, and urged citizens to defeat the county's proposed sales tax in tomorrow's election. Mr. Scott Spencer, 1140 Boonville Road, also made a presentation stating his opposition to the county sales tax which will appear on the November 4 ballot to fund ambulance service. Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding outstanding municipal fines and what he believes are quotas for traffic tickets. Following his presentation, City Counselor Nathan Nickolaus asked Mr. Wilson to provide the city with the documentation to which he referred which would provide evidence of quotas being used since said quotas are in violation of Federal law. Mr. Wilson stated he would provide that documentation. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Jim Penfold asked City Counselor Nathan Nickolaus for clarification of the "MoDot standards" to which Mr. and Mrs. Ferguson had referred. Mr. Nickolaus answered Councilman Penfold's question. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: (a) Minutes of October 17 and October 20, 2008 City Council Meetings A motion was made by Councilman Rich Koon for approval of the Consent Agenda, seconded by Councilman Jim Penfold, and approved unanimously. The October20 minutes were approved as previously corrected during the October 31 Brown Bag meeting. REGULAR COUNCIL MEETING NOVEMBER 3, 2008 5 SUSPENSION OF RULES TO CHANGE AGENDA In response to a request from the audience by Mr. Paul Ferguson to make further comments, Mayor John Landwehr responded that the portion of the agenda does not allow for him to make additional comments at this time without the Council rules being suspended. A motion was made by Councilman Kenneth Ferguson to suspend the rules to allow Mr. Ferguson to continue making comments, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Mr. Ferguson made additional comments and answered questions asked by the Council at this point. FURTHER COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS Councilwoman Anita Randolph asked for a written report on the issue brought to the Council by Mr. Paul Ferguson. City Counselor Nathan Nickolaus was asked to decide whether written or oral report in closed session would be more appropriate since the item may be involved in litigation in the near future. BILLS INTRODUCED Bill 2008 -76, 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 HIGH STREET. Bill 2008 -77, sponsored by Councilman Medin, 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, FOR PROPERTY ADDRESSED AS 2116 IDLEWOOD ROAD, CONSISTING OF PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 1.12 REGULAR COUNCIL MEETING NOVEMBER 3, 2008 6 ACRES OF AN APPROXIMATELY 48 ACRE TRACT, FROM RS -2 LOW DENSITY RESIDENTIAL TO M -1 LIGHT INDUSTRIAL. Bill 2008 -78, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF EAST MCCARTY STREET. Bill 2008 -79, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAMP DRESSER & MCKEE, D /B /A CDM, FOR WASTEWATER MASTER PLAN UPDATE. Bill 2008 -80, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RAFETILIS FINANCIAL CONSULTANTS, INC. FOR WASTEWATER USER RATE STUDY. Bill 2008 -81, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GREDELL ENGINEERING RESOURCES, INC. FOR BIOSOLIDS STUDY. Bill 2008 -82, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEC WATER RESOURCES, INC., FOR WATER QUALITY ASSESSMENT. Bill 2008 -83, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI AMERICAN WATER FOR PURCHASE OF THE NORTH JEFFERSON CITY WATER SYSTEM. Bill 2008 -84, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A REGULAR COUNCIL MEETING NOVEMBER 3, 2008 7 CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 30 OF PLEASANT VALLEY SUBDIVISION. Bill 2008 -85, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS, PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. Bill 2008 -86, 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 41 ACRES FROM PUD PLANNED UNIT DEVELOPMENT AND RS -2 LOW DENSITY RESIDENTIAL TO RA -2 HIGH DENSITY RESIDENTIAL, C -1 NEIGHBORHOOD COMMERCIAL AND C -2 GENERAL COMMERCIAL, THE PROPERTY LOCATED WITHIN THE INTERSECTING STREETS OF SOUTH COUNTRY CLUB DRIVE, OLD LOHMAN ROAD, AND LEANDRA LANE (IN THE 1100 -1300 BLOCKS OF SOUTH COUNTRY CLUB DRIVE, THE 4700 AND 4800 BLOCKS OF OLD LOHMAN ROAD AND THE 4800 BLOCK OF LEANDRA LANE), LOCATED IN PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 44 NORTH, RANGE 12 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 -87, 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 34.83 ACRES FROM PUD PLANNED UNIT DEVELOPMENT TO M -1 LIGHT INDUSTRIAL, THE PROPERTY LOCATED IN THE 5000 BLOCK OF OLD LOHMAN ROAD (CURRENTLY PART OF A TRACT OF LAND ADDRESSED AS 1502 SOUTH COUNTRY CLUB DRIVE) DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -88, 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 2.97 ACRES FROM RS -1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, PROPERTY ADDRESSED IN THE 3700 REGULAR COUNCIL MEETING NOVEMBER 3, 2008 8 BLOCK OF TAYLORS RIDGE COURT, AND DESCRIBED AS LOTS 39, 40, 57, 58 AND 59 OF THE TRAILS OF KAUFFMAN HILLS, SECTION 3, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2008 -89, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR 2.97 ACRES IN THE TRAILS OF KAUFFMAN HILLS SUBDIVISION, SECTION 3, CONSISTING OF LOTS 39, 40, 57, 58 AND 59, WITH ADDRESSES IN THE 3700 BLOCK OF TAYLORS RIDGE COURT, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -90, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN FARMS FOR AN AGRICULTURAL LEASE FOR AIRPORT AND WASTEWATER LANDS. Bill 2008 -91, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, (BUILDINGS AND BUILDING REGULATIONS), SECTION 8 -20 (PERMIT FEES AND PENALTIES), BY ADDING ONE ADDITIONAL SUBSECTION PERTAINING TO BUILDING INSPECTION FEES FOR PUBLIC SCHOOLS. BILLS PENDING Bill 2008 -72, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 1 (GENERAL PROVISIONS) SECTION 13 (GENERAL PENALTY; CONTINUING VIOLATIONS) SUBSECTION E PERTAINING TO THE MINIMUM FINES FOR MUNICIPAL VIOLATIONS. Bill 2008 -72 was read third time by title and placed on final passage. A motion was made by Councilman Dan Klindt to accept the Substitute Bill 2008 -72 which has been previously distributed to the Council, seconded by Councilman Kenneth Ferguson, and approved unanimously. A motion was made by Councilwoman Carrie Carroll to place Bill 2008 -72, as substituted, on the Informal Calendar to allow for additional time to discuss the parking fine portion of the bill. Motion was seconded by Councilman Bob Scrivner and approved unanimously by REGULAR COUNCIL MEETING NOVEMBER 3, 2008 9 the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -73, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT -OF -WAY ON A PORTION EAST MILLER STREET. Bill 2008 -73 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14419: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -74, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON IMPOSING A LICENSE TAX OF THREE PERCENT (3 %) ON HOTEL AND MOTEL ACCOMMODATIONS. Councilman Rich Koon requested that Bill 2008 -74 be placed on the Informal Calendar at this time to allow time for staff to report on the issue of the cost to the city and to the affected hoteliers to place it on the February ballot vs. the April ballot. Bill 2008 -75, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ALLIED SERVICES, L.L.C., DBA MID -STATE WASTE, FOR SOLID WASTE COLLECTION AND DISPOSAL. Bill 2008 -75 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14420: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None INFORMAL CALENDAR Bill 2008 -70, sponsored by Councilman Medin, entitled: REGULAR COUNCIL MEETING NOVEMBER 3, 2008 10 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMITS ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF EAST CAPITOL AVENUE AND JACKSON STREET. Councilman Ron Medin requested that Bill 2008 -70 be removed from the Informal Calendar and placed on final passage at this time. Bill 2008 -70 was read third time by title and placed on final passage. A motion was made by Councilman Jim Penfold to accept the Substitute Bill 2008 -70 previously distributed to the Council, seconded by Councilwoman Cindy Layton and approved unanimously. Bill 2008 -70 was then passed, as substituted, by the following roll -call vote as Ordinance 14421: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RESOLUTIONS RS2008 -33 HUD Entitlement Grant Plans (Penfold) This Resolution was taken up previously under the Public Hearings portion of the agenda. SCHEDULED REPORTS Mayor John Landwehr asked for a report on the St. Mary's interchange to be placed on the agenda for the first meeting in December. NEW BUSINESS Councilwoman Carrie Carroll thanked city staff for their work before the presidential political rally which occurred earlier today at the state capitol building with the appearance of Vice - Presidential candidate Sarah Palin. Councilman Ron Medin asked for an update at the next meeting for a status of the walkway across the Missouri River bridge. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. REGULAR COUNCIL MEETING NOVEMBER 3, 2008 11 ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilman Jim Penfold for adjournment, seconded by Councilman Dan Klindt, and approved unanimously at 8:10 P.M.