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HomeMy Public PortalAbout20070806REGULAR COUNCIL MEETING AUGUST 6, 2007 1 CALL TO ORDER The Regular Council Meeting of August 6, 2007, was convened at 6:07 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Mike Harvey, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Absent: Ferguson and Layton A quorum was declared present. Mayor John Landwehr asked for names of those in the audience who wished to add their names to the Presentations from the Gallery list. No one requested to be added. VETO Mayor John Landwehr announced he is vetoing Bill 2007 -40, which had been distributed to the Council prior to this meeting with the following veto message: "I am disapproving Bill 2007 -40 because I do not think it is a good idea to have an approved PUD plan for property that is not zoned PUD. If and when the property is zoned PUD I would have no objection to approving the plan." Following his statements, Mayor John Landwehr put the question, "Shall the ordinance take effect despite the disapproval of the mayor ?" Since no motion was made to override the veto, Mayor Landwehr announced that the veto shall stand. MISCELLANEOUS AGENDA ITEMS There were no items scheduled to be brought forward at this time. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been REGULAR COUNCIL MEETING AUGUST 6, 2007 2 received and are on file and may be reviewed in the City Clerk's office: a. CAMPO Board June 25, 2007 b. Planning & Zoning Commission, June 14, 2007 c. Council Committee on Administration, June 20, 2007 d. Council Annexation Committee, June 6 and June 20, 2007 e. Public Safety Committee, June 22, 2007 f. Storm Water Advisory Commission, June 12, 2007 g. City of Jefferson Initial Actuarial Valuation as of October 31, 2006 for LAGERS h. CVB Minutes and Reports for June, 2007 (on file in City Clerk's office) Mayor Landwehr thanked the citizens who serve on these boards and commissions for giving of their time and talents to make our community better. COUNCIL LIAISON REPORTS Administration Committee - Vice Chairman Ron Medin reported in the absence of Chairwoman Cindy Layton. He stated the Committee is discussing the issue of landlord registration, and that the Committee will meet again on Wednesday, August 8 at 11:30 A.M. at City Hall. Finance Committee - Vice Chairman Rich Koon reported in the absence of Chairman Kenneth Ferguson. He announced a meeting will be held on Friday, August 17 immediately following the 12:00 P.M. Brown Bag meeting. Public Safety Committee - Committee Member Dan Klindt made a report in the absence of both Chairman Kevin Brown and Vice Chairman Brian Crane were absent from the last meeting. Councilman Klindt reported that the Committee discussed funding for a fire apparatus, and will be discussing it again at the next meeting which will be held August 31 immediately following the Brown Bag meeting. Public Works & Planning Committee - Chairman Dan Klindt reported the Committee will meet on Thursday, August 23 and will discuss the sidewalk issue. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS REGULAR COUNCIL MEETING AUGUST 6, 2007 3 Mayor John Landwehr announced that some members of Boy Scouts were present and asked them to stand and introduce themselves and state what they were working on. Members of Troop 12 from St. Martins, Troop 10 from Jefferson City, and Troop 5 from Jefferson City, introduced themselves. Assistant to the City Administrator Melva Fast announced three neighborhood annexation meetings are scheduled to be held as follows: Meeting #1 - Thursday Aug. 9, 7:00 p.m. at Southridge Baptist Church, 1815 Vieth Drive Meeting #2 - Saturday Aug. 11, 10:00 a.m. at Southridge Baptist Church, 1815 Vieth Drive Meeting #3 - Friday Aug. 17, 2:00 p.m. at City Hall, 320 E. McCarty Whitton Expressway EIS ( "Environmental Impact Statement ") - Janice McMillan announced the public is invited to attend a meeting which is being sponsored by MoDOT to discuss this issue on Tuesday, August 14, 2007, from 4:00 to 7:00 P.M. at Kertz Hall, Immaculate Conception Church, 1206 East McCarty Street. She stated there will be a briefing held for the Council on Monday, August 13 at 7:00 P.M., and that the public is also invited to attend that meeting as well. August 13 Council Work Session - City Administrator Steve Rasmussen made an announcement about the upcoming city budget process, and stated the first meeting of the Budget Committee will be held August 13 from 5:30 -7:00 P.M. in the Mayor's Conference Room at the City Annex. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointment to the Jefferson City Fire Department for Council approval: Appointment of Assistant Fire Chief — Captain Lonnie Brandt Following the introduction of Captain Brandt by Fire Chief Robert Rennick, a motion for approval of the appointment was made by Councilwoman Jane A. Smith, seconded by Councilman Jim Penfold, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations made at this time. REGULAR COUNCIL MEETING AUGUST 6, 2007 4 PRESENTATIONS FROM THE GALLERY Mr. Leonard Steinman, 110 N. Lincoln, asked citizens to vote tomorrow for the proposed Cole County jail sales tax issue. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor John Landwehr also encouraged citizens to exercise their right to vote tomorrow. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of July 9, July 13, July 16, and July 17, 2007 City Council Meetings A motion was made by Councilman Kevin Brown to amend the July 16, 2007 Regular Council minutes by correcting the votes listed to show his name by the "Aye" votes on Bill 2007 -39. Motion to amend was seconded by Councilman Jim Penfold, and approved unanimously. A motion was then made by Councilman Mike Harvey to approve the Consent Agenda, as amended, seconded by Councilman Kevin Brown, and approved unanimously BIDS OVER $25,000 Bid 2350 - Concrete and Concrete Products, Cole County Industries — All City A motion was made by Councilman Dan Klindt for approval of Bid 2350 as presented, seconded by Councilman Kevin Brown, and approved unanimously. BILLS RECONSIDERED 2007 -37 Major Amendment to PUD Plan for 905 Weathered Rock Road (Klindt) Staff: Janice McMillan (Passed at July 16, 2007 Council Meeting) Councilman Rich Koon stated he did not plan to reconsider Bill 2007 -37 as he originally had planned to do, but asked if the Council could suspend the rules to bring Bill 2007 -37 up for discussion at this time. City Counselor Nathan Nickolaus stated that the Council could REGULAR COUNCIL MEETING AUGUST 6, 2007 5 suspend the rules if it wished. Councilman Klindt then stated he wished to suspend the rules and bring 2007 -37 up for discussion at this time. There were no objections to the request to suspend the rules. Discussion was held on policies needed to address the situation of sidewalk waivers. No actions were taken at this time. Bill 2007 -37 was not reconsidered. BILLS INTRODUCED Bill 2007 -54, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LOUIS H. VETTER AND NAOMI J. VETTER. Bill 2007 -55, 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, FOR PROPERTY LOCATED AT 728 EAST MILLER STREET, CONSISTING OF PART OF INLOT NO. 755, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 0.15 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PUD PLAN. Bill 2007 -56, 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 3.08 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RA- 1 HIGH DENSITY RESIDENTIAL, FOR LAND LOCATED NORTHWEST OF THE INTERSECTION OF OLD LOHMAN ROAD AND SOUTH COUNTRY CLUB DRIVE, LOCATED IN 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 2007 -57, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH THE MISSOURI STATE HIGHWAY PATROL FOR PROPERTY LOCATED AT 511 AIRPORT ROAD. Councilman Kevin Brown mentioned some errors which he noticed in the lease agreement. City Counselor Nathan Nickolaus stated those errors would be corrected. Discussion was held regarding how the Council wished to address the terms of airport leases in light of REGULAR COUNCIL MEETING AUGUST 6, 2007 6 future fee increases. Councilman Dan Klindt suggested putting together a schedule for the next several years. A request was made that the sponsor of Bills 2007 -45 and 2007 -46 consider placing those on the Informal Calendar tonight to allow staff time to develop some lease language agreeable to the Council. Bill 2007 -58, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION FOR CONSTRUCTION OF THE MISSOURI RIVER INTERCEPTOR PIPE BRIDGE REPLACEMENT. A lengthy discussion was held regarding funding for a project involving money from the Adrian's Island access account. Councilman Kevin Brown stated he was not sure it was appropriate when the best location for the access has not yet been identified. Councilman Harvey stated the issue was discussed at Public Works and Planning, and the Committee felt that it was better to do it this way rather than patching the existing pipe which would last for a five to ten years, whereas laying a new pipe which could last 50 years. Bill 2007 -59, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMNI CONSTRUCTION FOR PAINTING OF 500 EAST CAPITOL AVENUE. Bill 2007 -60, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2007. Bill 2007 -61, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. BILLS PENDING Bill 2007 -45, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH REGULAR COUNCIL MEETING AUGUST 6, 2007 7 ABBOTT O &P LABS, LLC FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Dan Klindt requested that Bill 2007 -45 be placed on the Informal Calendar at this time. Bill 2007 -46, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH ANTHONY WINKELMAN AND JON DEGRAFFENREID FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Dan Klindt requested that Bill 2007 -46 be placed on the Informal Calendar at this time. Bill 2007 -47, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENTWITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2007 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14231: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -48, 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, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF ASH STREET. Bill 2007 -48 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14232: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -49, 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), AND SCHEDULE (J) (PARKING PROHIBITED) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF JEFFERSON STREET. REGULAR COUNCIL MEETING AUGUST 6, 2007 8 Bill 2007 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14233: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -50, 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 WEST ATCHISON STREET. Bill 2007 -50 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14234: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -51, 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 A (8:00 A.M. TO 5:00 P.M.) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF EAST DUNKLIN STREET. Bill 2007 -51 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14235: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -52, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY TO THE MISSOURI DEPARTMENT OF TRANSPORTATION. Bill 2007 -52 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14236: Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None Bill 2007 -53, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING AUGUST 6, 2007 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3 (ADVERTISING AND SIGNS) PERTAINING TO SIGNS. Bill 2007 -53 was read third time by title and placed on final passage. A motion was made by Councilwoman Jane A. Smith to accept Substitute Bill 2007 -53 which was previously distributed, seconded by Councilman Dan Klindt, and approved unanimously. Bill 2007 -53 was then passed, as substituted, by the following roll -call vote as Ordinance : Aye: Brown, Crane, Harvey, Klindt, Koon, Medin, Penfold, and Smith Nay: None INFORMAL CALENDAR Bill 2007 -31, sponsored by Councilman Klindt, Brown, and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BUSCHER BACKHOE AND LANDSCAPING, LLC FOR THE DEMOLITION OF PROPERTIES ON THE BLOCK OF W. MC CARTY STREET. Councilmen Dan Klindt and Kevin Brown requested that Bill 2007 -31 by withdrawn at this time. RESOLUTIONS RS2007 -11 Amendment to Contract for Electrical Services (Ferguson) Mayor John Landwehr announced that RS2007 -11 has been withdrawn at staff's request. RS2007 -12 Renewal of Contract with Thomas P. Rackers, LLC for Lobbyist Services (Crane) Councilman Kevin Brown asked if there was some sort of report on deliverables. City Counselor Nathan Nickolaus stated he did have that information and he could provide that to the Council. A motion was made by Councilman Brian Crane for adoption of RS2007 -12 as presented, seconded by Councilman Rich Koon, and approved unanimously. RS2007 -13 Renewal of Contract with Robinson Cleaners for Uniform Cleaning Services (Ferguson) A motion was made by Councilman Kevin Brown for adoption of RS2007 -13 as presented, seconded by Councilman Dan Klindt, and approved unanimously. REGULAR COUNCIL MEETING AUGUST 6, 2007 10 RS2007 -14 Renewal of Contract with Stokes Electric for Electrical Services (Ferguson) A motion was made by Councilman Kevin Brown for adoption of RS2007 -14 as presented, seconded by Councilman Dan Klindt, and approved unanimously. RS2007 -15 Renewal of Contract with Williams Keepers, LLC for Auditing Services (Ferguson) Councilman Brian Crane stated that the document contained several errors. City Counselor Nathan Nickolaus stated he would correct those. A lengthy discussion was held regarding Council's awarding the contract to the current contractor. A motion was made by Councilman Brian Crane to adopt RS2007 -15 as presented, seconded by Councilman Dan Klindt. Following a lengthy discussion, Councilman Brian Crane withdrew his motion, and Councilman Dan Klindt withdrew his second. A motion was then made by Councilman Kevin Brown for adoption of RS2007 -15 as presented, seconded by Councilman Rich Koon, and defeated by the following roll -call vote: Aye: Crane, Harvey, Klindt, Medin, and Penfold Nay: Brown, Koon, and Smith SCHEDULED REPORTS Councilman Brian Crane made an overhead power point report on his attendance of the National Emergency Management Institute in Emmittsburg, Md last year. Following his report, he answered several questions. Mayor John Landwehr thanked Councilman Crane for his participation in that event and for reporting to the Council. NEW BUSINESS Councilman Rich Koon made comments regarding the ballot language for the November 6 election on the open burning issue. He asked if the language could be modified. City Counselor Nathan Nickolaus stated that the language was approved by an ordinance in December, 2006, which was in response to an initiative petition filed in August, 2006, and stated he did not believe the Council could amend the language at this point. UNFINISHED BUSINESS Councilman Jim Penfold mentioned the issue of airport leases and asked staff to look at a range that allows cities to change the annual lease rate and the lessor can get out of it but REGULAR COUNCIL MEETING AUGUST 6, 2007 pay for the unfinished number of years. APPROVAL OF CLOSED SESSION MINUTES 11 July 16, 2007 Closed Session Minutes — A motion was made by Councilman Mike Harvey for approval of the minutes as presented, seconded by Councilman Jim Penfold, and approved unanimously. 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 Mike Harvey, and approved unanimously at 8:15 P.M.