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HomeMy Public PortalAbout20090316REGULAR COUNCIL MEETING MARCH 16, 2009 1 CALL TO ORDER The Regular Council Meeting of March 16, 2009, was convened at 6:00 P.M. by Mayor John Landwehr. Mayor 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. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Absent: None A quorum was declared present. ITEMS TAKEN UP OUT OF ORDER Mayor John Landwehr announced that the Council will take up an item under Item 11(b), Presentations from Staff, Consultants, and Invited Guests since it involves elementary school students who may need to leave immediately afterward. Mayor John Landwehr asked Councilman Rich Koon to introduce and explain the awarding of South School 5`h Grade writing contest winners. Following his introduction, this years winners read their essays from the Mayor's dais and were congratulated for winning this year's contest: Logan Petty - "Dogs in Hot Cars" Phyllicia Redel - "Cell Phone Use While Driving" PUBLIC HEARINGS (a) Rezoning 1.59 Acres of Land Addressed as 132 Scott Station Road, Described as Part of Lot 27, Chapel Hill Commons, Section Three, from M -1 Light Industrial to RA -2 High Density Residential and Endorsing an Associated Comprehensive Plan Amendment REGULAR COUNCIL MEETING MARCH 16, 2009 2 A staff presentation was made by City Planner Janice McMillan giving details of the requested rezoning. Following staff presentation, the following persons testified on the issue: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated he is appearing in favor of this issue, as well as Public Hearing items (b) and (d), and he offered to answer any questions on any of those three issues. At the conclusion of all public testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008 -142: Bill 2008 -142, 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 1.59 ACRES FROM M -1 LIGHT INDUSTRIAL TO RA -2 HIGH DENSITY RESIDENTIAL, FOR LAND LOCATED AT 132 SCOTT STATION ROAD, DESCRIBED AS PART OF LOT 27 OF CHAPEL HILL COMMONS, SECTION THREE, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2008 -142 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14490: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None (b) Voluntary Annexation and Zoning Plan for RA -2 High Density Residential for Approximately One Acre of Real Property Located in the 200 Block of Rock Beacon Road Including All of Lots 25 and 26 and Part of Lot 27 of Chapel Hill Commons, Section Three, and Adjacent Right -of -Way. A staff presentation was made by City Planner Janice McMillan giving details of the voluntary annexation. Following staff presentation, the following persons testified on the issue: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, testified above in favor of items (a), (b), and (d). At the conclusion of all public testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008 -143: Bill 2008 -143, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE REGULAR COUNCIL MEETING MARCH 16, 2009 3 VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE 200 BLOCK OF ROCK BEACON ROAD, INCLUDING A PORTION OF A PARCEL CURRENTLY ADDRESSED AS 132 SCOTT STATION ROAD; DESCRIBED AS ALL OF LOTS 25 AND 26 AND PART OF LOT 27 OF CHAPEL HILL COMMONS, SECTION THREE, IN THE COUNTY OF COLE, STATE OF MISSOURI, AND ADJACENT RIGHT -OF -WAY; 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 2008 -143 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14491: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None (c) Rezoning One Acre of Land Addressed as 714 Wildwood Drive from C -2 General Commercial to RA -2 High Density Residential and Endorsing an Associated Comprehensive Plan Amendment A staff presentation was made by City Planner Janice McMillan giving details of the requested rezoning. Following staff presentation, the following persons testified on the issue: Mr. Steve Leitner, stated he is in favor of the rezoning, and offered to answer any questions regarding the development. At the conclusion of all public testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008 -144: Bill 2008 -144, 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 1.0 ACRES FROM C -2 GENERAL COMMERCIAL TO RA -2 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 714 WILDWOOD DRIVE, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, 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 -144 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14492: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner REGULAR COUNCIL MEETING MARCH 16, 2009 4 Nay: None (d) Approval of an Amended Preliminary Planned Unit Development Plan for 3740 and 3750 West Truman Boulevard A staff presentation was made by City Planner Janice McMillan giving details of the PUD plan. Following staff presentation, the following persons testified on the issue: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, testified above in favor of items (a), (b), and (d). At the conclusion of all public testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008 -145: Bill 2008 -145, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3740 AND 3750 WEST TRUMAN BOULEVARD; DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -145 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14493: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None 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: CAMPO Technical Committee, February 5, 2009 Public Safety Committee, January 30, 2009 Parks and Recreation Commission, February 10, 2009 Transportation & Traffic Commission, February 11, 2009 Plumbing Board of Review & Examiners, December 23, 2008 Plumbing Board of Review & Examiners and Board of Electrical Examiners and Review, Joint meeting of February 19, 2009 Finance Reports, December 2008 and January, 2009 REGULAR COUNCIL MEETING MARCH 16, 2009 5 Historic Preservation Commission, February 10, 2009 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin reported that the Committee met on March 4 and several items discussed are appearing, or will be brought before the full Council. Finance Committee - Councilman Rich Koon stated the Committee met on Friday, March 13 immediately following the 12:00 P.M. Brown Bag work session. He asked Finance Director Steve Schlueter to give a brief report on the status of sales tax revenue. Public Safety Committee - Councilman Mike Harvey stated that the next meeting will be April 3 immediately following the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, March 19 at 7:45 A.M. Ad Hoc Committees, if any: Councilman Rich Koon reported that the Mill Bottom Committee will meet on Wednesday, March 18 at 10:30 A.M. and have a closed session. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that a Conference Center Design & Construction Committee meeting will be held on Wednesday, March 18 from 4:00 p.m. to 6:00 p.m. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointment for Council approval: City Boards and Commissions: Board / Commission Library Board Appointee Full Terms Expires Term Served Full / Partial Dan 0 Mar 2012 Full Westhues REGULAR COUNCIL MEETING MARCH 16, 2009 6 A motion was made by Councilman Ron Medin for approval of the appointment as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS City Administrator Steve Rasmussen announced that the following five new Fire Department personnel have recently been hired and introduced them to the Council: 1. Brandon Coleman 2. Bradley Imes 3. Matthew Luebbert 4. Nicholas LaBoube 5. Robert Ancell Mayor John Landwehr welcomed the new Fire personnel on behalf of the City, and wished them well in their careers with the City of Jefferson. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Sherry Mariea, Jefferson City, a member of the Board of Directors of the Convention and Visitors Bureau read a letter from the Chairman of the CVB in favor of Resolution RS2008 -41. Mr. Trey Propst, General Manager of the Candlewood Suites Hotel. He could not attend the meeting, but has submitted a letter and requested that City Administrator Steve Rasmussen read it into the record stating his approval of adoption of Resolution RS2008 -41. Mr. Dale Gerstner, Jefferson City, General Manager of Best Western Hotel, also stated he is in favor of adoption of RS2008 -41. Mr. Leonard Steinman, Jefferson City, stated he is opposed to Resolution RS2008 -41. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of February 27 and March 2, 2009 City Council Meetings A motion was made by Councilman Mike Harvey for approval of the Consent Agenda as presented, seconded by Councilman Dan Klindt, and approved unanimously. REGULAR COUNCIL MEETING MARCH 16, 2009 7 BILLS INTRODUCED Bill 2008 -157, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE POLICY OF THE CITY OF JEFFERSON REGARDING CLOSED RECORDS. Bill 2008 -158, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE III OF THE CODE TO REFLECT ADOPTED TRANSIT SYSTEM FARES. Bill 2008 -159, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE SEP -URBAN PROGRAM AGREEMENT. Bill 2008 -160, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ENACTING THE "JEFFERSON CITY NEIGHBORHOOD REINVESTMENT ACT, PART III." BILLS PENDING Bill 2008 -146, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT -OF -WAY ON A PORTION OF LINCOLN STREET. Bill 2008 -146 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14494: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -147, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND REGULAR COUNCIL MEETING MARCH 16, 2009 8 DISCONTINUING A RIGHT -OF -WAY ON A PORTION OF WEST EDGEWOOD DRIVE. Bill 2008 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14495: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -148, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE HALF -CENT CAPITAL IMPROVEMENT SALES TAX. Councilman Kenneth Ferguson stated he will be abstaining on discussion or voting on this bill due to a conflict of interest. Bill 2008 -148 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14496: Aye: Carroll, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Abstain: Ferguson Bill 2008 -149, 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 RED OAK DRIVE. Bill 2008 -149 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14497: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -150, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR GENERAL UTILITY PURPOSES IN LOT E OF SOUTHGATE SUBDIVISION SECTION TWO. Bill 2008 -150 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING MARCH 16, 2009 9 following roll -call vote as Ordinance 14498: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -151, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFORMATION TECHNOLOGIES, INC. FOR SOFTWARE UPGRADES AND MODIFICATIONS FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM, LAKE OZARK AREA. Bill 2008 -151 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14499: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -152, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HUBER & ASSOCIATES, INC. FOR SOFTWARE UPGRADES AND MODIFICATIONS FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM, CALLAWAY 911 AND FULTON AREA. Bill 2008 -152 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14500: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -153, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BIO -KEY INTERNATIONAL FOR SOFTWARE UPGRADES AND MODIFICATIONS FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM, COLUMBIA AND BOONE COUNTY AREA. Bill 2008 -153 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14501: REGULAR COUNCIL MEETING MARCH 16, 2009 10 Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -154, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENROUTE EMERGENCY SYSTEMS FOR TECHNICAL CONSULTATION FOR SOFTWARE UPGRADES AND MODIFICATIONS FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM, COLUMBIA AND BOONE COUNTY AREA. Bill 2008 -154 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14502: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -155, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH POSITRON PUBLIC SAFETY SYSTEMS FOR SOFTWARE UPGRADES AND MODIFICATIONS FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM, MORGAN COUNTY AREA. Bill 2008 -155 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14503: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None INFORMAL CALENDAR 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 Harvey requested that Bill 2008 -125 remain on the Informal Calendar at this time. REGULAR COUNCIL MEETING MARCH 16, 2009 11 RESOLUTIONS RS2008 -41 Declaring Intent to Annex Highway 50 Annexation Area and Directing Staff to Prepare Plan of Intent and Other Related Documents (Ferguson, Harvey, Koon, Randolph, Penfold, Scrivner, Carroll, Layton, Medin, and Klindt) A motion was made by Councilman Jim Penfold, seconded by Councilman Mike Harvey, for adoption of RS2008 -41 as presented, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RS2008 -40 Offering Incentive to Command Web (Harvey) A motion was made by Councilman Bob Scrivner, seconded by Councilman Mike Harvey, for adoption of RS2008 -40 as presented, 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, Jefferson City, commented on issues he is having with settlement of a claim for sewer backup at his residence. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Mayor John Landwehr requested City Counselor Nathan Nickolaus to explain who person was that Mr. Steinman mentioned by name in his presentation, and also asked Human Resources Director Gail Strope to take into consideration the allegations made about a City employee by name by Mr. Steinman, and that both Mr. Nickolaus and Ms. Strope report back to the Council within the next two weeks, or as soon as possible after that. Councilman Jim Penfold asked City Counselor Nathan Nickolaus to explain the role of the Third Party Administrator mentioned by Mr. Steinman. Mr. Nickolaus did so. REGULAR COUNCIL MEETING MARCH 16, 2009 12 SCHEDULED REPORTS No reports were scheduled at this time. NEW BUSINESS Finance Director Steve Schlueter gave an update was given on the status of revenue of Sales Tax E, followed by questions asked by the Mayor and Council member which Mr. Schlueter answered. Councilman Jim Penfold commented on the availability of trash and recycling information available on the City's website as well as in other venues to citizens who may not have access to the Internet. Councilwoman Carrie Carroll mentioned that two Police Officers who received awards last year were recently named by the Jefferson City Chapter of Red Cross for those awards as "heroes." The two recognized were Officers Bryan Alfultis and Pat McCutchen. UNFINISHED BUSINESS There was no unfinished business brought forward. ADJOURNMENT A motion to adjourn was made by Councilman Dan Klindt, seconded by Councilman Jim Penfold, and approved unanimously at 7:55 P.M.