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HomeMy Public PortalAbout20080122REGULAR COUNCIL MEETING JANUARY 22, 2008 1 Prayer was offered by Councilwoman Jane A. Smith, followed by the Pledge of Allegiance, immediately preceding the Call to Order. CALL TO ORDER The Regular Council Meeting of January 22, 2008, 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, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Absent: Crane and Penfold A quorum was declared present. AMENDMENT TO AGENDA A motion was made by Councilman Rich Koon to amend the agenda to move up Bill 2007 -131 which is currently on the Informal Calendar to be taken up between Item 15 (Bills Introduced) and Item 16 (Bills Pending), seconded by Councilwoman Jane A. Smith, and approved unanimously. PUBLIC HEARINGS (a) Rezoning 3.45 Acres at 1505 Legion Lane; and 220, 221, 224 and 225 Oscar Drive A staff presentation was made by City Planner Janice McMillan who explained the background of the requested rezoning. Following the staff presentation, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2007 -132, sponsored by Councilmen Klindt and 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 3.45 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO C -2 GENERAL COMMERCIAL, THE PROPERTY LOCATED AT 1505 LEGION LANE AND 220, 221, 224 AND 225 OSCAR DRIVE DESCRIBED AS LOTS 3, 4, 5, 6 AND 7, OF REGULAR COUNCIL MEETING JANUARY 22, 2008 2 RTR SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -132 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14305: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None (b) Rezoning 1.05 Acres at 915 Nob Hill Road A staff presentation was made by City Planner Janice McMillan who explained the background of the requested rezoning. Following the staff presentation, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2007 -133, sponsored by Councilmen Klindt and 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 0.98 ACRES FROM RA -1 HIGH DENSITY RESIDENTIAL AND 0.07 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO RD MEDIUM DENSITY ATTACHED RESIDENTIAL, THE PROPERTY LOCATED AT 915 NOB HILL ROAD; DESCRIBED AS LOT 15 OF WESTMINSTER ESTATES SUBDIVISION AND RESERVE TRACT B OF THE TRAILS OF KAUFFMAN HILLS SUBDIVISION, SECTION THREE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -133 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14306: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None (c) Rezoning 2.01 Acres at 3126 Algoa Road A staff presentation was made by City Planner Janice McMillan who explained the background of the requested rezoning. Following the staff presentation, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2007 -134, sponsored by Councilmen Klindt and Harvey, entitled: REGULAR COUNCIL MEETING JANUARY 22, 2008 3 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 2.01 ACRES FROM RU RURAL USE TO RS -1 LOW DENSITY RESIDENTIAL, THE PROPERTY ADDRESSED AS 3126 ALGOA ROAD; DESCRIBED AS PART OF U.S. PRIVATE SURVEY NO. 2680 IN TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14307: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None (d) Preliminary and Final PUD Plan for129 Scott Station Road A staff presentation was made by City Planner Janice McMillan who explained the background of the proposed PUD Plan. Following the staff presentation, the following persons came forward to speak on the issue: Mr. Brian McMillan, Central Missouri Professional Services, 2500 E. McCarty Street, stated he would be happy to answer any questions about the proposed plan. No one else came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2007 -135, sponsored by Councilmen Klindt and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 129 SCOTT STATION ROAD; DESCRIBED AS PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -135 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14308: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None (e) Preliminary and Final PUD Plan for 1720 and 1724 Four Seasons Drive A staff presentation was made by City Planner Janice McMillan who explained the background of the proposed PUD Plan. Following the staff presentation, the following persons came forward to speak on the issue: Mr. Brian McMillan, Central Missouri Professional Services, 2500 E. McCarty Street, stated REGULAR COUNCIL MEETING JANUARY 22, 2008 4 he would be happy to answer any questions about the proposed plan. No one else came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the associated pending bill. Bill 2007 -136, sponsored by Councilmen Klindt and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 1720 AND 1724 FOUR SEASONS DRIVE; DESCRIBED AS LOTS B AND C OF CORPORATE WOODS REPLAT SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14309: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Mayor John Landwehr thanked staff and the Planning and Zoning Commission for the number of hours which were put into the above five items to make the system work as smoothly as it did tonight. 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. Planning & Zoning Commission, December 13, 2007 b. Transportation & Traffic Commission, December 4, 2007 c. CAMPO Technical Committee, December 6, 2007 d. CAMPO Board of Directors, December 19, 2007 e. Public Safety Committee, November 16, 2007 f. Human Relations Commission, November 13, 2007 g. Historical Preservation Commission, December 18, 2007 h. November, 2007 Finance Report REGULAR COUNCIL MEETING JANUARY 22, 2008 5 i. December CVB Reports and Minutes (available for review in City Clerk's Office) j. Housing Authority Board of Commissioners, December 13, 2007 k. Plumbing Board of Review & Examiners, March 28, 2007 I. Environmental Quality Commission, October 18, 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 that at the last meeting, the Committee discussed the definition of "transient guest" and that it is now under legal review. Also, a volunteer committee for annexation has been formed and had met. She reminded everyone that the issue of annexation will appear on the February 5 election ballot. The Committee then reviewed appointments and the recommendations made to the Mayor appear on tonight's agenda for approval by the Council. The next meeting will be held on Wednesday, February 6 at 11:30 A.M. Finance Committee - Councilman Kenneth Ferguson reported that the Committee met on Friday, January 18 immediately following the Brown Bag work session to review food services operating fee proposals. The staff will gather more information to add to the existing proposal. The next meeting will be held Friday, February 15 following the Brown Bag work session. Mayor John Landwehr asked if the Committee would review current user fees to make sure they are keeping up with inflation. Councilman Ferguson stated that would be placed on the next agenda. Public Safety Committee - Chairman Kevin Brown reported that the Committee will meet next on Friday, February 1 following the Brown Bag work session. He stated that the emergency management ordinance (2007 -121) which was reviewed and recommended by the Committee will be voted on tonight. Public Works & Planning Committee - Chairman Dan Klindt stated the next meeting will be Thursday, January 24 at 7:45 A.M. He stated they continue to discuss the issue of sidewalks and stated that staff has been asked to give a brief overview at that meeting of what has been decided on the Southwest Boulevard and Missouri Boulevard sidewalk issue. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Community Development Director Pat Sullivan announced that the curbside ice storm debris pickup will begin on February 4, and stated that citizens need to have their debris placed at their curb before that date to make sure they get it picked up. The city will make a one -time pass through the city, and it could take several weeks to cover the entire city, so he encouraged citizens to be patient until all neighborhoods and businesses can be reached. REGULAR COUNCIL MEETING JANUARY 22, 2008 6 Community Development Director Pat Sullivan announced that a meeting of the Whitton Expressway Planning Committee will be held on Tuesday, January 29 from 4:30 PM to 7:00 PM at Kertz Hall, Immaculate Conception Church. The public is invited to attend and give MoDOT their comments regarding this issue. Community Development Director Pat Sullivan announced that the City will have a booth at the upcoming HBA Home Show which will be held January 25 -27. Councilwoman Jane A. Smith asked if the city pays a fee to participate in that, and Mr. Sullivan stated that they do. He stated he would get the amount of the fee they pay and get that information to the Council. City Administrator Steve Rasmussen announced that several local elected officials and city staff will be attending FEMA's national emergency training institute in Emmitsburg, MD April 28 through May 2, and that a report will be given when they return. APPOINTMENTS BY THE MAYOR Public Fire Education Officer Jason Turner introduced new Fire Department hiree Andre Davis who has recently completed his fire academy training and now assigned to Fire Station 1. Mayor John Landwehr and the Council welcomed Mr. Davis to the City's Fire Department. Mayor John Landwehr recommended the following appointments to City Boards for Council approval: Board / Commission Recommended Appointment Expires Status Electrical Board (Ameren Appoints) Mark Lueckenhoff Jan 2011 Full - 2nd Police Personnel Board Joe Bednar Jan 2011 Full - 1St Police Personnel Board Valerie Weber Jan 2011 Full - 2nd Historic Preservation Shana Alexander Jan 2011 Partial - 1st Historic Preservation Erin Field Jan 2011 Partial - 1st A motion was made by Councilman Kevin Brown for approval of the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS City Administrator Steve Rasmussen introduced City Engineer Matt Morasch who made an overhead presentation of flood hazard mitigation. Following his presentations, several questions were asked about how to get the information to the public regarding what parts of the city are prone to flooding at the various stages. Mayor John Landwehr asked to have REGULAR COUNCIL MEETING JANUARY 22, 2008 7 the issue on the agenda for the second meeting in May to receive another report. PRESENTATIONS FROM THE GALLERY There were no presentations from the gallery at this time. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No Council comments were necessary due to the fact no presentations were made from the gallery. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of January 4 and January 7, 2008 Council Meetings A motion was made by Councilman Dan Klindt to approve the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously. BILLS INTRODUCED Bill 2007 -148, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2007 -149, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR FIRE EQUIPMENT /VEHICLE LEASE /PURCHASE. Councilman Kevin Brown stated he is withdrawing Bill 2007 -149 at this time. ITEMS TAKEN UP OUT OF ORDER: Bill 2007 -131 was taken up at this time, out of order, in accordance with the previous motion to amend the agenda. Bill 2007 -131, sponsored by Councilman Koon, entitled: REGULAR COUNCIL MEETING JANUARY 22, 2008 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND AGREEMENT WITH TRANSYSTEMS FOR FEASIBILITY, PLANNING, DESIGN AND CONSTRUCTION SERVICES FOR ADRIAN'S ISLAND ACCESS. Councilman Rich Koon requested that Bill 2007 -131 be removed from the Informal Calendar at this time and placed on third reading and final passage. A motion was made by Councilman Kenneth Ferguson to accept the Substitute Bill 2007 -131 which was previously distributed to the Council, seconded by Councilwoman Cindy Layton, and approved unanimously. Following discussion, the Substitute Bill 2007 -131 was then read by title as follows: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND AGREEMENT WITH TRANSYSTEMS FOR PCASIBILITY PLANNING, PRELIMINARY DESIGN AND CONSTRUCTION SERVICES FOR ADRIAN'S ISLAND ACCESS. Substitute Bill 2007 -131 was then passed by the following roll -call vote as Ordinance 14320: Aye: Nay: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith None BILLS PENDING Bill 2007 -137, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARKING LEASE AGREEMENT WITH EMBARQ, MISSOURI INC. Bill 2007 -137 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14310: Aye: Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Abstain: Brown Bill 2007 -138, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON PROPERTY LOCATED BEHIND 3215 MISSOURI BOULEVARD. Bill 2007 -138 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14311: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith REGULAR COUNCIL MEETING JANUARY 22, 2008 9 Nay: None Bill 2007 -139, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY NEAR THE JUNCTION OF SUNSET LAKE ROAD AND BOSS TERRACE DRIVE. Bill 2007 -139 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14312: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -140, 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 APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND AND THE AIRPORT FUND. Bill 2007 -140 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14313: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -141, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34 (TRANSPORTATION) SECTION 105 (QUALIFICATIONS) PERTAINING TO THE QUALIFICATIONS FOR OBTAINING A PERMIT TO DRIVE A TAXICAB Bill 2007 -141 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14314: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -142, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW SECTION 19 REQUIRING THAT APPLICANTS TO THE CITY HAVE ALL CITY OBLIGATIONS PAID IN FULL BEFORE RECEIVING APPROVAL. Bill 2007 -142 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING JANUARY 22, 2008 10 following roll -call vote as Ordinance 14315: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -143, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4 (ALCOHOLIC BEVERAGES), OF THE CODE OF THE CITY OF JEFFERSON. Bill 2007 -143 was read third time by title and placed on final passage. A motion was made by Councilman Kenneth Ferguson to accept the Substitute Bill 2007 -143 which was previously distributed, seconded by Councilman Rich Koon, and approved unanimously. Bill 2007 -143 was then passed, as substituted, by the following roll -call vote as Ordinance 14316: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -144, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER 1 TO THE AGREEMENT WITH LEHMAN CONSTRUCTION FOR THE MISSOURI RIVER INTERCEPTOR PIPE BRIDGE REPLACEMENT PROJECT. Bill 2007 -144 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14317: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -145, sponsored by Councilmen Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH I.A.F.F. LOCAL 671. Bill 2007 -145 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14318: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None Bill 2007 -146, sponsored by Councilman Harvey, entitled: REGULAR COUNCIL MEETING JANUARY 22, 2008 11 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FOR THE REMOVAL OF STORM DEBRIS. Councilman Mike Harvey requested that Bill 2007 -146 be placed on the Informal Calendar at this time. Bill 2007 -147, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FOR THE MONITORING OF THE REMOVAL OF STORM DEBRIS. Councilman Mike Harvey requested that Bill 2007 -146 be placed on the Informal Calendar at this time. INFORMAL CALENDAR Bill 2007 -121, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 11 BY AUTHORIZING THE MAYOR TO DECLARE AN EMERGENCY AND DESIGNATING THE MAYOR'S POWERS THEREIN. Councilman Kevin Brown requested that Bill 2007 -121 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2007 -121 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2007 -121 which was previously distributed to the Council, seconded by Councilman Dan Klindt, and approved unanimously. Bill 2007 -121 was then passed, as substituted, by the following roll -call vote as Ordinance 14319: Aye: Brown, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: None RESOLUTIONS 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 REGULAR COUNCIL MEETING JANUARY 22, 2008 12 Mayor John Landwehr stated that he had asked Councilman Brian Crane to make a report on the JCTV Steering Committee but since Councilman Crane could not attend the meeting tonight, he would ask him to make that report at the February 4 Council meeting. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES January 7, 2008 Closed Session - A motion was made by Councilman Kevin Brown to approve the minutes as presented, seconded by Councilwoman Cindy Layton, and approved unanimously. ADJOURNMENT There being no further business brought before the Council at this time, a motion was made by Councilman Kevin Brown for adjournment, seconded by Councilman Ron Medin, and approved unanimously at 7:35 P.M.