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HomeMy Public PortalAbout20071105REGULAR COUNCIL MEETING NOVEMBER 5, 2007 1 Prayer was offered by Councilman Jim Penfold, followed by the Pledge of Allegiance at 6:00 P.M. CALL TO ORDER The Regular Council Meeting of November 5, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Brown, Crane, Harvey, Klindt, Layton, Koon, Medin, and Penfold, and Smith Absent: Ferguson 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 and added those who responded. MISCELLANEOUS AGENDA ITEMS There were no items brought up at this time. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. Housing Authority Board of Commissioners, September 11, 2007 b. Storm Water Advisory Committee, September 11, 2007 c. Transportation & Traffic Commission, August 9, 2007 d. CAMPO Special Meeting, September 18, 2007 e. Planning & Zoning Commission, September 13, 2007 f. Environmental Quality Commission, August 23 and September 20, 2007 g. Public Works & Planning Committee, September 20, 2007 REGULAR COUNCIL MEETING NOVEMBER 5, 2007 2 h. Parks & Recreation Commission, September 11, 2007 i. September 2007 Finance Reports J. Minutes and Reports from CVB for October, 2007 (available in City Clerk's Office) Mayor John 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 - Chairwoman Cindy Layton announced the Committee will meet on Wednesday, November 21, at 11:30 A.M., immediately followed by a meeting of the Appointments Review subcommittee at 1:00 P.M. The Annexation Subcommittee will hold an annexation public hearing on November 13 at 6:00 P.M. Finance Committee - Vice Chairman Rich Koon announced a meeting will be held on Friday, November 16 immediately following the Brown Bag Work Session. Public Safety Committee - Chairman Kevin Brown stated the Committee will meeting on November 16 at 11:00 A.M. which is immediately prior to the Brown Bag meeting. Public Works & Planning Committee - Chairman Dan Klindt reported the Committee will meet on November 20 at 7:45 A.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that the Conference Center Selection Committee will meet Wednesday, November 7 at 9:00. Two developers will be interviewed, one at 9:00 A.M., the second following a box lunch, and hopefully the Committee will be making some sort of recommendations following those interviews. APPOINTMENTS BY THE MAYOR There were no appointments brought forward at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Randy Allen and Mr. Louis Landwehr were present and gave a joint presentation regarding the issue of river access. He that the committee looking at this issue has now voted to move the project ahead, and that the Council will probably be hearing more about it in the near future. Following their presentation, questions were asked regarding the REGULAR COUNCIL MEETING NOVEMBER 5, 2007 3 involvement by the Corps of Engineers, and the issue of flooding in the area. Mr. Gilbert Cole, Missouri American Water Company, distributed a handout containing information about future projects connected with the company's proposed upgrades. He stated the emergency generator is scheduled to arrive on December 14 and the company hopes to have it fully operational by the end of the year. PRESENTATIONS FROM THE GALLERY Mr. Charlie Palmer, 1260A Duane Swift Parkway, Chairman of the Lewis & Clark Bicentennial Task Force encouraged the Council to get down to the Katy Trailhead to see where the Lewis & Clark monument is going to be placed. He stated the dedication is expected to occur sometime next year, and that he believes this will be a great tourism attraction in the future. Mr. Steve Picker, Director of the Convention & Visitors Bureau, made brief comments regarding the CVB's budget and stated he would be happy to answer any questions before the Council is asked to approve it. He also stated that the City has been selected as a Preserve America Community and that the City should be very proud of that achievement. Ms. Maud Campbell made a presentation regarding the need for sidewalks on Missouri Boulevard and Southwest Boulevard. She stated that, as a visually impaired person, it is dangerous for not only disabled persons, but for everyone since people have to walk in the streets in some portions of the street. Ms. Sindy Puckett, 1512 Sunset Lake Road, stated she is also visually impaired, and that she has contacted numerous agencies regarding the need for sidewalks on Missouri Boulevard and Southwest Boulevard. She answered questions asked by the Council. Mr. Joe Wilson, 422 Oberman Place, made a presentation about cooking food on the river. He also stated that he did not believe Bill 2007 -99 was a good bill and asked Councilwoman Cindy Layton to place it on the Informal Calendar to allow it to be improved. He stated certain dogs will not utilize indoor shelters and owners should not be required to provide them if the dogs will not use them. Mr. Leonard Steinman, 110 N. Lincoln, announced various upcoming events associated with the November 12 Veteran's Day holiday, as well as this year's Toys For Tots and Adopt a Hero campaigns. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown stated that he disagreed with some of the comments made by Mr. Wilson and that he believes Bill 2007 -99 is a step in the right direction toward setting minimum standards and encouraging citizens to use "common sense" when dealing with the basic issues of animal care. REGULAR COUNCIL MEETING NOVEMBER 5, 2007 4 Councilman Dan Klindt asked Assistant to the City Administrator Melva Fast to make comments regarding state grants for sidewalks. She stated that the state has said the city could use the greenway enhancement funds for sidewalks if they so choose. He asked staff to put the issue on the November 20 Public Works & Planning agenda. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of October 12 and October 15, 2007 City Council Meetings b. Emergency Generator for Street Maintenance Facility A motion was made by Councilman Kevin Brown to approve the Consent Agenda as presented, seconded by Councilman Mike Harvey, and approved unanimously BILLS INTRODUCED Bill 2007 -100, sponsored by Councilman Layton, 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 3401AND 3405 TRUMAN BOULEVARD, CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 3.01 ACRES, FROM C -O OFFICE COMMERCIAL, RA -2 HIGH DENSITY RESIDENTIAL AND POLICE CHIEF ROGER SCHROEDER -1 LOW DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL. Bill 2007 -101, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF SMITH PLACE, A STREET WITHIN SMITH SUBDIVISION, TO MASONIC COURT. Bill 2007 -102, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF MAHAN PLAZA, A STREET WITHIN SMITH SUBDIVISION, TO SMITH COURT. Bill 2007 -103, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS, CHAPTER 33, SUBDIVISION CODE AND CHAPTER 35, REGULAR COUNCIL MEETING NOVEMBER 5, 2007 5 ZONING CODE PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. Several questions were asked regarding fee increases. Some errors were pointed out in the language. Councilman Dan Klindt suggested getting some corrections and get them out in the off -week packet. Bill 2007 -104, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2007 TO OCTOBER 31, 2008, REFLECTING FUNDS AS APPROVED IN THE FY 2008 UNIFIED PLANNING WORK PROGRAM. Bill 2007 -105, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALPLA, INC. Bill 2007 -106, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES AND MONTHLY PARKING FEES), SUBPARAGRAPH A (PARKING LOTS AND FACILITIES), OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING SPACES ON A PORTION OF CITY PARKING LOT 8. Bill 2007 -107, 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 MADISON STREET. Bill 2007 -108, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF LA HACIENDA COURT AT NELSON DRIVE. REGULAR COUNCIL MEETING NOVEMBER 5, 2007 6 BILLS PENDING Bill 2007 -97, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EVERS AND COMPANY CPA'S, LLC, FOR CITY AUDITING SERVICES. Bill 2007 -97 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14272: Aye: Brown, Crane, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: Harvey Bill 2007 -98, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO COUNCIL COMMITTEES. Bill 2007 -98 was read third time by title, placed on final passage and passed, as substituted at the October 15, 2007 meeting, by the following roll -call vote as Ordinance 14274: Aye: Brown, Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -99, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS) PERTAINING TO THE MINIMUM STANDARDS OF SANITATION, CARE, AND ADEQUATE HOUSING OF ANIMALS AND THE REDEMPTION AND ADOPTION AND DISPOSITION OF IMPOUNDED ANIMALS. Bill 2007 -99 was read third time by title and placed on final passage. Following a lengthy discussion, a motion was made by Councilman Brian Crane to remove the word "adequate" from Section 5- 15(C), seconded by Councilman Mike Harvey, and approved by the following roll -call vote: Aye: Brown, Crane, Harvey, Klindt, Penfold, and Smith Nay: Koon, Layton, and Medin Bill 2007 -99 was then passed, as amended, by the following roll -call vote as Ordinance 14275: Aye: Brown, Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith REGULAR COUNCIL MEETING NOVEMBER 5, 2007 7 Nay: None INFORMAL CALENDAR Bill 2007 -91, sponsored by Council Members Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, LYING SOUTHWEST OF THE PRESENT CITY LIMITS REFERRED TO AS THE ROUTE C /CAPITAL HILLS AREA AND AUTHORIZING AN ELECTION TO APPROVE THE EXTENSION OF THE CITY LIMITS THROUGH ANNEXATION. Bill 2007 -91 remained on the Informal Calendar at this time. RESOLUTIONS RS2007 -25 Amendment to Ground Lease Agreement with Jefferson City Flying Service for Additional Property Located at the Jefferson City Memorial Airport (Klindt) Councilman Dan Klindt requested that RS2007 -25 remain tabled at this time. RS2007 -26 Renewal of Ground Lease Agreement with the Missouri Department of Transportation for Property Located at 512 Airport Road (Klindt) Councilman Dan Klindt requested that RS2007 -26 remain tabled at this time. Councilman Jim Penfold stated he is recusing himself from discussion or action on this item and left the Council Chambers at this point. RS2007 -29 Authorizing Renewal of Child Care Facility Inspection Agreement with Mo. Dept. of Health (Layton) A motion was made by Councilman Brian Crane for adoption of RS2007 -29 as presented, seconded by Councilman Mike Harvey, and approved with Councilwoman Jane A. Smith voting "Nay" and Councilman Jim Penfold abstaining. Councilman Jim Penfold returned to the Council Chambers at this point. SCHEDULED REPORTS REGULAR COUNCIL MEETING NOVEMBER 5, 2007 8 No reports were made at this point in the meeting. NEW BUSINESS Councilman Jim Penfold reminded citizens that tomorrow is election day and encouraged everyone to vote. Councilman Kevin Brown stated that for the first time the Space Shuttle will pass overhead where citizens of Jefferson City should be able to see it and encouraged them to look at that schedule if they are interested in such events. Councilwoman Jane A. Smith asked questions regarding the stones which were removed during the demolition of the Bassmann House. City Administrator Steve Rasmussen stated that the city is storing some of those stones to make them available to a developer if they wished to use in some part of a conference center as well as other possible uses throughout the City. He stated that the City paid a hauler to haul them to a city -owned location where they will be stored until such time that they can be used. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. ADJOURNMENT Mayor John Landwehr stated that, Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: a. Real Estate [Sec. 610.021.(1)] A motion was made by Councilman Kevin Brown to go into Closed Session, seconded by Councilman Rich Koon, and approved by the following roll -call vote at 8:05 P.M.: Aye: Brown, Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None