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Home My Public Portal About20090202REGULAR COUNCIL MEETING FEBRUARY 2, 2009 1 CALL TO ORDER The Regular Council Meeting of February 2, 2009, was convened at 6:00 P.M. by Mayor John Landwehr. 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. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Randolph, Penfold, and Scrivner Absent: None A quorum was declared present. 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. Public Works & Planning Committee, December 18, 2008 Housing Authority Board of Commissioners, December 23, 2008 CAMPO Board of Directors, December 17, 2008 Finance Committee, December 12, 2008 Ad Hoc Committee on the Arts, January 8, 15, and 22, 2009 COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin reported that the next meeting will be Wednesday, February 4 at 8:00 A.M. Finance Committee - Councilman Rich Koon stated the next meeting will be held on Friday, February 13 immediately following the 12:00 P.M. Brown Bag work session. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 2 Public Safety Committee - Councilman Mike Harvey announced that a meeting was last Friday, January 30, immediately following the Brown Bag work session, and that the next meeting is scheduled for Friday, January 27 immediately after the Brown Bag meeting. Public Works & Planning Committee - Councilman Jim Penfold asked Vice - Chairman Mike Harvey to report since he was unable to attend the last meeting. Councilman Harvey reported that the last meeting was held on Thursday, January 22, and that the next meeting is scheduled for Thursday, February 19 at 7:45 A.M. Ad Hoc Committees, if any: Councilwoman Cindy Layton briefly reiterated what Councilman Ron Medin had reported under his Administration Committee report regarding the Ad Hoc Arts Committee's recent meetings and activities. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Mayor John Landwehr reminded citizens that tomorrow, February 3, is an election day in which voters will be asked to decide the issue of extending the lodging tax which funds the local Convention and Visitors' Bureau. City Administrator Steve Rasmussen announced that a Council work session will be held at 5:30 P.M. on Monday, February 9, at which time the Council will go into closed session. Mayor John Landwehr mentioned the Veterans' display currently at the Missouri Capitol and encouraged citizens to try to see it before it leaves tomorrow (February 3). APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Sarah Stroesser (CVB) and Mr. Phil Stiles (Parks & Recreation Dept.) made a joint visual presentation regarding the Tour of Missouri bicycle race. They announced that Jefferson City has again been chosen as a participating city for the 2009 event, and that Jefferson City is one of only three cities in the state chosen for three years, along with Kansas City and St. Louis. Ms. Stroesser reported that last year's events brought an estimated 42,000 visitors to our city, with an economic impact of $5.5 million. Jefferson City will be a Stage Four finish city on Thursday, September 10. Mr. Steve Picker, Jefferson City Convention and Visitors Bureau, made a presentation informing the council of activities and issues in which the CVB is currently involved to bring in events to stimulate our City's economy. Ms. Gloria Enloe, JCTV, showed a video and gave a report on new programs which have been, and are currently being, developed for broadcast on the local cable access channel. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 3 Following her presentation, Mayor John Landwehr asked if she could find out what it would take to be able to stream programming over the internet. She also answered several questions about Mediacom's proposal to move JCTV to a higher tier of cable channels which, as Ms. Enloe stated she understood, would eventually require the citizens pay to receive "public" programming. Mayor John Landwehr suggested perhaps the JCTV Steering Committee could have a joint meeting with the City Council to discuss numerous issues concerning the cable access channel. City Administrator Steve Rasmussen introduced Assistant to the City Administrator Melva Fast, who announced that the City has been awarded a $440,000 grant to purchase and rehabilitate properties to resell them within the Old Towne district. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Marjorie Dampf of Jefferson City made a presentation regarding Bill 2008 -119 (food service inspection fees) and asked that the Council reconsider raising those fees during the current economic climate to assist restauranteurs who, she believed, are already struggling. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: (a) Minutes of January 2 and January 5, 2009 City Council Meetings A motion was made by Councilman Dan Klindt for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2008 -122, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING AN INGRESS / EGRESS EASEMENT ON GREEN MEADOW DRIVE. Bill 2008 -123, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CALLAWAY COUNTY WATER DISTRICT #1 FOR TERMINATION OF WASTEWATER SERVICE. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 4 Bill 2008 -124, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4 (ALCOHOLIC BEVERAGES), SECTION 34 (APPLICATION), OF THE CODE OF THE CITY BY REQUIRING THATASANITATION INSPECTION REPORT BE SUBMITTED WITH AN APPLICATION FOR LIQUOR LICENSE. Bill 2008 -125, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO ACQUIRE CERTAIN PROPERTY BY PURCHASE OR BY CONDEMNATION. *Councilman Dan Klindt disclosed for the record that he will not be discussing, nor voting on, this bill, as well as Bills 2008 -130 and 2008 -131 due to a conflict of interest. Bill 2008 -126, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS) OF THE CODE BY THE ADDITION OF A NEW ARTICLE XV, (AIRPORT ADVISORY COMMITTEE). Bill 2008 -127, 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 3.84 ACRES FROM RU RURAL USE TO M -1 LIGHT INDUSTRIAL, FOR LAND ADDRESSED AS 1616 OIL WELL ROAD, DESCRIBED AS PART OF US PRIVATE SURVEY NO. 2622 OF SECTIONS 9 AND 10, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, CALLAWAY COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2008 -128, 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 5.31 ACRES FROM POLICE CHIEF ROGER SCHROEDER- 2 SINGLE FAMILY RESIDENTIAL AND M -1 LIGHT INDUSTRIAL TO C -2 GENERAL COMMERCIAL, FOR LAND ADDRESSED AS 3025 ROBINSON ROAD, DESCRIBED AS PART OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 5 Bill 2008 -129, 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 5.5 ACRES FROM RS -2 SINGLE FAMILY RESIDENTIAL AND RU RURAL USE TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 225 CITY VIEW DRIVE, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -130, sponsored by Councilman Harvey, 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 23.34 ACRES FROM RS -1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR LAND ADDRESSED AS 2310 GREEN MEADOW DRIVE, DESCRIBED AS PART OF SECTION 30, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. *See Bill 2008 -125 above. Bill 2008 -131, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 2310 GREEN MEADOW DRIVE, DESCRIBED AS PART OF SECTION 30, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. *See Bill 2008 -125 above. Bill 2008 -132, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELECTING TO INCLUDE ALL FUTURE FIRE DEPARTMENT EMPLOYEES IN THE MISSOURI LOCAL GOVERNMENT RETIREMENT SYSTEM. BILLS PENDING Bill 2008 -120, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES) SECTION 299 (CROSSING FIRE HOSE) ASSESSING COSTS FOR DAMAGED FIRE HOSES. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 6 Bill 2008 -120 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14465: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -121, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO ACQUIRE CERTAIN PROPERTY BY PURCHASE OR BY CONDEMNATION. Bill 2008 -121 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14466: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None INFORMAL CALENDAR Bill 2008 -117, sponsored by Councilman Penfold, (cosponsored by Councilman Harvey), entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF CITY VIEW DRIVE TO MCCARTY STREET. Councilman Mike Harvey requested that Bill 2008 -117 remain on the Informal Calendar at this time to allow the legal notice process to be completed. Bill 2008 -118, 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, BY THE ADDITION OF A PORTION OF ADAMS STREET. Councilman Ron Medin requested that Bill 2008 -118 be removed from the Informal Calendar and placed on third reading and final passage at this time. Following third reading of the bill, a lengthy discussion was held. At the conclusion of the discussion, Councilman Medin requested that Bill 2008 -118 be placed back on the Informal Calendar to allow time for staff to clarify some issues regarding the location of the area in question. REGULAR COUNCIL MEETING FEBRUARY 2, 2009 7 Bill 2008 -119, sponsored by Councilman Koon, 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 requested that Bill 2008 -119 be removed from the Informal Calendar and placed on third reading and final passage at this time. Following third reading, a motion was made by Councilwoman Carrie Carroll to amend Bill 2008 -119 using "Proposed Amendment A" which was distributed to the Council in the pre- meeting immediately preceding this meeting. The motion was Councilman Dan Klindt, and defeated by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, and Scrivner Nay: Harvey, Koon, Layton, Medin, Penfold, and Randolph Councilwoman Carrie Carroll then made a motion to amend Bill 2008 -119 using "Proposed Amendment B" which was distributed to the Council in the pre- meeting immediately preceding this meeting. The motion was Councilman Rich Koon, and approved by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Layton, Medin, Randolph and Scrivner Nay: Harvey and Penfold Bill 2008 -119 was then approved, as amended, by the following roll -call vote as Ordinance 14467: Aye: Carroll, Ferguson, Klindt, Koon, Layton, Medin, Randolph and Scrivner Nay: Harvey and Penfold RESOLUTIONS RS2008 -37 Authorizing Agricultural Lease Agreement with Charles Steck (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2008 -37 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RS2008 -38 Authorizing Permissive Use of Right -of -Way to Lincoln University for REGULAR COUNCIL MEETING FEBRUARY 2, 2009 8 Construction of Sign at Intersection of Locust and Dunklin Streets (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2008 -37 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman of Jefferson City reminded citizens to vote in tomorrow's election, and also encouraged citizens to promote our city in any way possible. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS No comments were made at this time. SCHEDULED REPORTS The JCTV report scheduled was presented earlier in the meeting. NEW BUSINESS Councilwoman Carrie Carroll stated that several City Council Members have already donated to the K -9 drug dog fund which is being raised by the Police Department, and that she looked forward to 100% participation of the Mayor and City Council in this effort. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. GO INTO CLOSED SESSION REGULAR COUNCIL MEETING FEBRUARY 2, 2009 9 Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion at this time to go into Closed Session to discuss the following: a. Sealed Bids [Sec. 610.021(12)] A motion was made by Councilman Kenneth Ferguson, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None