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Home My Public Portal About20080317REGULAR COUNCIL MEETING MARCH 17, 2008 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 March 17, 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, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: None ( *Councilman Ferguson left the meeting early) A quorum was declared present. Mayor Landwehr asked for anyone present who wished to be added to the list to make presentations from the gallery tonight, and added the names of those who responded. PUBLIC HEARINGS (a) Rezoning Lots 2, 3, 4 and 5 of Stoneridge Village Subdivision, Section One A staff presentation was made by City Planner Janice McMillan who gave a brief background of the requested rezoning. Following the staff presentation, no one present came forward 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 that the Council will now take up the associated pending bill. Bill 2007 -157, 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 FROM C -O OFFICE COMMERCIAL TO C -2 GENERAL COMMERCIAL, PROPERTY LOCATED IN THE 700 BLOCK OF STONERIDGE PARKWAY, DESCRIBED AS PARTS OF LOTS 2, 3, 4, AND 5 OF STONERIDGE VILLAGE REGULAR COUNCIL MEETING MARCH 17, 2008 2 SUBDIVISION, SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14331: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None (b) Accepting Preliminary and Final PUD Plan for 3030 Dupont Circle A staff presentation was made by City Planner Janice McMillan who gave a brief background of the preliminary and final PUD plan. Following the staff presentation, no one present came forward to speak in favor of, or opposition to, the proposed plan. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded and stated that the Council will now take up the associated pending bill. Bill 2007 -158, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 3030 DUPONT CIRCLE; DESCRIBED AS LOT 2 OF EXECUTIVE PARK SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14332: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items brought forward 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. Environmental Quality Commission, January 17, 2008 REGULAR COUNCIL MEETING MARCH 17, 2008 3 b. Council Committee on Administration, February 6, 2008 c. Housing Authority Board of Commissioners, January 15, 2008 d. Public Safety Committee, February 1, 2008 e. Public Works & Planning Committee, January 24, 2008 f. Historic Preservation Commission, February 12, 2008 g. Parks & Recreation Commission, February 12, 2008 h. CAMPO Technical Committee, February 7, 2008 i. Board of Adjustment, November 13, 2007 j. Human Relations Commission, February 12, 2008 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 reported that the last meeting was held on March 5, and the next meeting will be held March 26. An agenda for that meeting has not yet been finalized. Finance Committee - Councilman Kenneth Ferguson reported that the Committee will meet on Friday, April 18 immediately following the Brown Bag meeting. He also stated that he will need to leave the Council meeting early tonight due to a prior commitment. Public Safety Committee - Councilman Kevin Brown reported that the committee met last week regarding the 9 -1 -1 center contract. The next meeting will be held on April 4 immediately following the Brown Bag meeting. Public Works & Planning Committee - Chairman Dan Klindt announced that the next meeting will be held March 20 at 7:45 A.M. to discuss the 2008 milling and overlay project, Stoneridge Drive project, and receive an update on the sidewalk master plan, as well as the entrance to the train station regarding ADA compliance. Ad Hoc Millbottom Site Committee - Chairman Rich Koon stated the Committee will meet on April 15, and that a tour of the Millbottom Site will be held tomorrow, March 18, at 10:00 A.M. Ad Hoc Old Town Revitalization Committee - Chairman Ron Medin stated the Committee will make its report to the Council the first Council meeting in April. Mayor John Landwehr asked that the City Clerk include a generic "Ad Hoc Committees" category on future agendas for any of the Ad Hoc committees which wish to make a report under that category. REGULAR COUNCIL MEETING MARCH 17, 2008 4 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Assistant Community Director Charles Lansford made an announcement regarding the citywide spring cleanup and answered questions regarding that event. Mr. Lansford also explained the extension of this year's open burning season due to recent Council action which is to allow citizens to dispose of their ice storm debris. He answered questions following his announcement. City Planner Janice McMillan announced that a public hearing will be held on March 25 at 5:30 P.M. in the City Council Chambers to hear citizen input regarding the proposed Jefftran transfer point relocation and route changes. APPOINTMENTS BY THE MAYOR There were no appointments brought forward for approval at this time.. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Councilman Brian Crane introduced Ms. Gloria Enloe, the new Station Manager for JCTV Public Access cable television, and explained the process by which she was hired for that position. Ms. Enloe made brief remarks about her goals for JCTV. Following her remarks, Mayor John Landwehr told Ms. Enloe that he would like her to feel free to come and make a report before the Council on a quarterly basis, or at any other times she would like to make the Council aware of any special events. PRESENTATIONS FROM THE GALLERY Mr. Leonard Steinman, 2217 W. Edgewood, stated that the POW flag which had flown in front of the Police Department was in disrepair, and a new one has been purchased and donated by City Administrator Steve Rasmussen. He thanked Mr. Rasmussen for his donation. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. CONSENT AGENDA REGULAR COUNCIL MEETING MARCH 17, 2008 5 The following items were presented to the Council for their approval by Consent: a. Minutes of February 29 and March 3, 2008 Council Meetings A motion was made by Councilman Kevin Brown to approve the Consent Agenda as presented, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED Bill 2007 -163, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSION), ARTICLE IV (TRANSPORTATION AND TRAFFIC COMMISSION), SECTION 7 -95 (DUTIES GENERALLY), OF THE CODE OF THE CITY OF JEFFERSON. Bill 2007 -164, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18 (MISCELLANEOUS), SECTION 155 (HABITUAL OFFENDERS), TO MAKE THE SECTION AN ENHANCED PENALTY CHARGE. Bill 2007 -165, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSION), ARTICLE VI (POLICE PERSONNEL BOARD), SECTION 7 -152, (MEMBERS) OF THE CODE OF THE CITY OF JEFFERSON. Councilman Kevin Brown asked that the sponsor consider that one of the positions on this board be reserved for someone from the 9 -1 -1 Committee. Mayor John Landwehr suggested that Councilman Brown and the sponsor, Councilwoman Cindy Layton, talk about the issue and see if a substitute bill might come forward. Bill 2007 -166, 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 PORTIONS OF ARGONNE STREET, FRANCIS STREET, AND VISTA ROAD. BILLS PENDING REGULAR COUNCIL MEETING MARCH 17, 2008 6 Bill 2007 -161, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS), OF THE CODE OF THE CITY OF JEFFERSON BY ADDING A NEW SECTION ADOPTING A PROCEDURE FOR REMOVAL OF BOARD, COMMISSION OR COMMITTEE MEMBERS. Bill 2007 -161 was read third time by title and placed on final passage. A motion was made by Councilman Brian Crane to amend Bill 2007 -161, by deleting subparagraph A(1), renumbering subsequent paragraphs, and adding Paragraph C to read as follows: C. or shall automatically forfeit the office if he or she lacks at any time during his or her term in office any qualifications for the prescribed office The motion to amend was seconded by Councilman Ron Medin, and approved unanimously. *Councilman Kenneth Ferguson left at this point in the meeting (6:50 P.M.) Bill 2007 -161 was then passed, as amended, by the following roll -call vote as Ordinance 14333: Aye: Brown, Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -162, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS), OF THE CODE OF THE CITY OF JEFFERSON BY ADDING A NEW SECTION ADOPTING A PROCEDURE FOR REMOVAL OF BOARD, COMMISSION OR COMMITTEE MEMBERS. Bill 2007 -162 was read third time by title and placed on final passage. Mayor John Landwehr asked for clarification from City Counselor Nathan Nickolaus regarding the status of these bills if both are passed. Mr. Nickolaus stated that the bill latest is the one which will stand, and would supercede the duplicate bill previously passed (2007 -161). A motion was made by Councilman Brian Crane to amend Bill 2007 -162, by deleting subparagraph A(1), renumbering subsequent paragraphs, and adding Paragraph C to read as follows: C. or shall automatically forfeit the office if he or she lacks at any time during his or her term in office any qualifications for the prescribed office REGULAR COUNCIL MEETING MARCH 17, 2008 7 The motion to amend was seconded by Councilman Ron Medin, and approved unanimously. Bill 2007 -162 was then passed, as amended, by the following roll -call vote as Ordinance 14334 (and supercedes Ordinance 14333): Aye: Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: Brown, Crane, and Harvey INFORMAL CALENDAR There were no Informal Calendar items brought forward at this time. RESOLUTIONS RS2007 -44 Authorizing Change Order To The Embarq Contract For The Phone System (Ferguson) A motion was made by Councilman Jim Penfold for adoption of RS2007 -44, seconded by Councilman Rich Koon, and approved by the following roll -call vote: Aye: Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Abstain: Brown RS2007 -45 Establishing Ad -Hoc Committee On The Arts (Layton) A motion was made by Councilwoman Cindy Layton for adoption of RS2007 -45, seconded by Councilman Brian Crane, and approved unanimously. RS2007 -46 Adopting 2008 Affirmative Action Plan (Ferguson) A motion was made by Councilman Ron Medin for adoption of RS2007 -46, seconded by Councilman Rich Koon, and approved unanimously. SCHEDULED REPORTS There were no reports scheduled to be given at this time. REGULAR COUNCIL MEETING MARCH 17, 2008 8 NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS No unfinished business was brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES March 3, 2008 Closed Session Minutes: A motion was made by Councilman Mike Harvey to approve the minutes as presented, seconded by Councilwoman Jane A. Smith, and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr announced 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: Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Dan Klindt to go into Closed Session at this time, seconded by Councilman Brian Crane, and approved unanimously by the following roll -call vote at 7:10 P.M. Aye: Brown, Crane, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None