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HomeMy Public PortalAbout20071119REGULAR COUNCIL MEETING NOVEMBER 19, 2007 1 Prayer was offered by Councilman Mike Harvey, followed by the Pledge of Allegiance, immediately preceding the Call to Order. CALL TO ORDER The Regular Council Meeting of November 19, 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, Ferguson, Harvey, Klindt, Layton, Koon, Medin, and Penfold Absent: Smith A quorum was declared present. AMENDMENT TO AGENDA A motion was made by Councilman Ron Medin at this time to amend the agenda by the addition of Resolution RS2007 -30 to be brought up immediately after Bill 2007 -109, seconded by Councilman Dan Klindt, and approved unanimously. MISCELLANEOUS AGENDA ITEMS 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. There were no items brought up at this time. PUBLIC HEARINGS (a) Rezoning 3.09 Acres at 3401 -3405 Truman Blvd A staff presentation was made by City Planner Janice McMillan giving details of the rezoning request. Following her presentation, no one requested to speak in favor of, or opposition to, the proposed rezoning. REGULAR COUNCIL MEETING NOVEMBER 19, 2007 2 Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill, 2007 -100. 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 -100 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14276: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None (b) Amending Code Pertaining to Construction of Sidewalks A staff presentation was made by City Planner Janice McMillan giving details of the changes to the code contained in this bill. She also explained the changes in the substitute Bill 2007 -103 which has been distributed to the Council and answered questions asked by the Council regarding waivers and variances. Following her presentation, no one requested to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill, 2007 -103. 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, ZONING CODE PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. Bill 2007 -103 was read third time by title and placed on final passage. A motion was made by Councilman Dan Klindt to accept Substitute Bill 2007 -103 which was previously distributed to the Council, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2007 -103 was then passed, as substituted, by the following roll -call vote as Ordinance 14277: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None REGULAR COUNCIL MEETING NOVEMBER 19, 2007 3 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. Transportation & Traffic Commission, October 4, 2007 b. CAMPO Technical Committee Meeting, October 4, 2007 c. Certification of November 6 Election to City Clerk d. JeffTran Focus Group, June 26, 2007 e. Handi - Wheels Paratransit Focus Group, June 26, 2007 f. Housing Authority Board of Commissioners, October 16, 2007 g. Liquor Control Board, September 26 and November 9, 2007 h. Historic Preservation Commission, October 9, 2007 i. Board of Adjustment, August 14, 2007 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. Councilman Kenneth Ferguson reported on meetings held regarding annexation and felt they were very informative and successful in answering questions about the issue. Finance Committee - Vice Chairman Rich Koon announced a meeting was held on Friday, November 16 immediately following the Brown Bag Work Session. Public Safety Committee - Chairman Kevin Brown stated the Committee met on November 16 at 11:00 A.M. immediately prior to the Brown Bag meeting and states they hope to have an emergency management ordinance to introduce at the next Council meeting. The next Public Safety meeting will be held November 30 immediately following the Brown Bag meeting/ Public Works & Planning Committee - Chairman Dan Klindt reported the Committee will meet on November 20 at 7:45 A.M. and stated the committee will be looking further at storm water issues as well as sidewalk issues. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS REGULAR COUNCIL MEETING NOVEMBER 19, 2007 4 Mayor John Landwehr announced that the Mayor's second annual Christmas Tree Lighting event will be held on November 29 at Rotary Centennial Park. He also announced the Living Window and Christmas parade events in the central business district on November 31 and December 1, respectively, and encouraged everyone to participate in those events. APPOINTMENTS BY THE MAYOR There were no appointments brought forward at this time. PRESENTATIONS FROM THE GALLERY Mayor John Landwehr stated he would like to switch the presentation categories since several people are here to make presentations from the gallery tonight. Mr. Tom Pieper, 2539 Lexington Drive, stated his reasons for believing this is the right time to join the city, and supported the current annexation of the Capital Hills / Route C area. He commended the City staff for their efforts to inform the public on this annexation and stated the Plan of Intent was well written. Mr. David Shorr, Lathrop & Gage Law Firm, 314 East High, stated he had three concerns about the proposed County jail facility in such close proximity to their own building on High Street, as follow: (1) the foundation, (2) utilities, and (3) open space outside the windows. Mr. Jim Wisch, 2915 Wakoda Drive, a member of the Missouri Crossings LLC, who owns the building Mr. Shorr spoke about, reiterated the same concerns as Mr. Shorr. Mr. Joe Wilson, 422 Oberman Place, made a presentation about vandalism of property at in the vicinity of the Missouri River access. He also made comments regarding other issues pertaining to animals. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Bill Betts, City ITS Department Director, made a presentation to illustrate the new GIS system website at midmogis.org. He demonstrated the capabilities of the website and answered questions by the Council. Councilman Dan Klindt complimented the staff who worked on this project and stated that as a real insurance agent he the website is very helpful to him in locating fire hydrants, fire districts, etc., for his clients. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. REGULAR COUNCIL MEETING NOVEMBER 19, 2007 5 CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of November 2 and November 5, 2007 City Council Meetings A motion was made by Councilman Kevin Brown to approve the Consent Agenda with the correction to the "Minutes Received and Filed" category of the November 5 minutes as mentioned in the previous "pre- meeting ", seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2007 -110, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC. FOR IPT TELEPHONE SYSTEM. Councilman Kevin Brown stated he will be abstaining from discussion or action on Bill 2007 -110 due to a conflict of interest. Bill 2007 -111, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EMBARQ FOR IPT TELEPHONE SYSTEM. Councilman Kevin Brown stated he will be abstaining from discussion or action on Bill 2007 -111 due to a conflict of interest. Bill 2007 -112, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH T -N -T EXCAVATING FOR THE EAST MOREAU / ALGOA INTERCEPTOR AND PUMP STATION. Councilman Dan Klindt stated he is withdrawing Bill 2007 -112 pending receipt of more information. Bill 2007 -113, sponsored by Councilman Smith, entitled: REGULAR COUNCIL MEETING NOVEMBER 19, 2007 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2007 -114, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 SEWERS AND SEWAGE DISPOSAL, PERTAINING TO SPECIFIC POLLUTANT LIMITS ALLOWED. Bill 2007 -115, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE I.T.S. DEPARTMENT. Bill 2007 -116, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. BILLS PENDING 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. Councilman Dan Klindt requested that Bill 2007 -101 be placed on the Informal Calendar at this time. 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. Councilman Dan Klindt requested that Bill 2007 -101 be placed on the Informal Calendar at this time. Bill 2007 -104, sponsored by Councilman Ferguson, entitled: REGULAR COUNCIL MEETING NOVEMBER 19, 2007 7 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 -104 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14278: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None 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 -105 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14279: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None 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 -106 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14280: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None 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. REGULAR COUNCIL MEETING NOVEMBER 19, 2007 8 Bill 2007 -107 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14281: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None 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. Bill 2007 -108 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14282: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None Bill 2007 -109, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT TO TRANSFER CERTAIN REAL PROPERTY BELONGING TO THE CITY TO THE COUNTY OF COLE FOR THE PURPOSE OF CONSTRUCTING A JAIL. Bill 2007 -109 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14283: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None ITEMS TAKEN UP OUT OF ORDER RS2007 -30 Resolution pertaining to jail facility in proximity to surrounding private properties (Medin) A motion was made by Councilman Ron Medin for adoption, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and REGULAR COUNCIL MEETING NOVEMBER 19, 2007 9 Penfold 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. Councilman Kenneth Ferguson requested that Bill 2007 -91 be removed from the Informal Calendar and placed on final passage at this time. Bill 2007 -91 was read third time by title and placed on final passage. City Counselor Nathan Nickolaus explained the changes which are contained in the substitute Bill 2007 -91 distributed to the Council and the changes made to the Plan of Intent. Following his presentation, a motion was made by Councilman Kenneth Ferguson to accept the Substitute Bill 2007 -91, seconded by Councilman Brian Crane, and approved unanimously . Bill 2007 -91 was then passed, as substituted, by the following roll -call vote as Ordinance 14284: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None 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 be removed from the table at this time and brought up for consideration. Following a brief explanation of the negotiations for the terms in the new agreement, a motion was made by Councilman Brian Crane for adoption of RS2007 -25, seconded by Councilman Dan Klindt, and approved unanimously. Copies of the new agreement were distributed, and Mayor John Landwehr stated that he will allow the REGULAR COUNCIL MEETING NOVEMBER 19, 2007 10 Council a few days to read it over and let him know if they have any questions or concerns with it. If he does not hear from anyone on the Council by 5:00 P.M. on Wednesday, November 21, he will sign the resolution. 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. SCHEDULED REPORTS No reports were made at this point in the meeting. NEW BUSINESS Councilman Rich Koon asked Charles Lansford to give a brief update on the recycling drop - off program. Mr. Lansford stated where the containers are located throughout the city and that so far the program has been very well received. Mayor John Landwehr reminded citizens that the deadline to file for election to the City Council will be 5:00 P.M. on Tuesday, November 20. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Ron Medin to approve the November 5, 2007 Closed Session Minutes as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Nay: None ADJOURNMENT REGULAR COUNCIL MEETING NOVEMBER 19, 2007 11 There being no further business to come before the Council at this time, a motion was made by Councilman Kevin Brown for adjournment, seconded by Councilman Dan Klindt, and approved unanimously at 7:45 P.M.