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HomeMy Public PortalAbout20080407REGULAR COUNCIL MEETING APRIL 7, 2008 1 Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance, immediately preceding the Call to Order. CALL TO ORDER The Regular Council Meeting of April 7, 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: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: Brown 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. MISCELLANEOUS AGENDA ITEMS (a) Proclamation - Public Safety - Telecommunications Week: Ms. Kathy Abernathy and Ms. Suzie Aston, both Communications Operators for the Jefferson City Police Department, were present to accept the proclamation. Mayor John Landwehr thanked them for their outstanding work on behalf of the citizens of Jefferson City. (b) Proclamation - Fair Housing Month: Mr. Eric Krekel and Ms. Wanda Seeney from the Missouri Commission on Human Rights were present to accept the proclamation and make comments regarding the issue of Fair Housing Month in Jefferson City. They announced some upcoming events which will be held in conjunction with Fair Housing Month. 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, February 14, 2008 b. CAMPO Board of Directors, February 20 and March 12, 2008 c. Ad Hoc Committee on Old Town Revitalization, March 6 and 13, 2008 REGULAR COUNCIL MEETING APRIL 7, 2008 2 d. Council Committee on Administration, March 5, 2008 e. Environmental Quality Commission, February 27, 2008 f. Public Works & Planning Committee, February 28, 2008 g. Housing Authority Board of Commissioners, February 27, 2008 h. January and February, 2008 Finance Reports 2007 Heimrichs Estate Annual Report 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 reminded everyone that the City needs citizens to volunteer to serve on Boards and Commissions. The April 9 Administration Committee meeting has been canceled. Finance Committee - Councilman Kenneth Ferguson reported that the Committee will meet on Friday, April 18 immediately following the Brown Bag meeting. Public Safety Committee - Councilman Brian Crane, Vice Chairman, reported in the absence of Chairman Kevin Brown. Public Works & Planning Committee - Chairman Dan Klindt announced that the next meeting will be held April 24 at 7:45 A.M. Ad Hoc Committees - Councilman Ron Medin distributed a copy of the Old Town Revitalization Committee's report to the Council, and announced that an oral report will be presented by the Committee at the April 21 Council meeting. 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. City Administrator Steve Rasmussen announced that a Special Council meeting will be held at 5:30 P.M. on Monday, April 14 at which time the Council will be hearing an appeal of a Liquor Board decision. He stated the hearing is required by City Code for this particular situation. Mayor John Landwehr announced that the first annual River City Mayor's Run for Reading, which his a 5K walk / run fund raiser for the Missouri River Regional Library will be held on Saturday, April 12, beginning at 8:30 A.M. Registration will begin at 7:30 A.M. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING APRIL 7, 2008 3 Mayor John Landwehr recommended the following appointments to City Boards and Commissions for Council approval: Board /Commission Recommended Appointee Expires Term TIF Commission Garry Taylor Apr -2012 Full (1st) TIF Commission Bill Dallmeyer Apr -2012 Full (2nd) Library Board Patricia Schlechte Mar -2011 Full Historic Preservation Danny Engle Dec -2008 Partial CVB Kevin Zumwalt Dec -2009 Partial Traffic & Transportation Ron Fitzwater Jun -2009 Partial A motion was made by Councilman Jim Penfold for approval of the appointments as presented, seconded by Councilwoman Cindy Layton, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Steve Picker, Jefferson City Convention and Visitors Bureau, presented the Mayor and City Council with the new CVB city map, Visitor's Guide brochures, and 2008 Calendar of Events. He also gave a live demonstration of the CVB's new website and answered questions asked by the Council. He also thanked the City's GIS staff for providing the information on the map, and pointed out that the CVB funded the printing of that by local businesses who paid to have their name and contact information printed on the back for advertising purposes. Following his presentation, Mayor John Landwehr stated that he wanted to encourage all pertinent local web sites to be linked to each other to allow as much coverage of the City as possible from all sources. PRESENTATIONS FROM THE GALLERY Mr. Clyde Lear, 5618 Saddlebrook Lane, Lohman, stated that he is committed to help the Council find new revenues in the event that the casino is voted down in tomorrow's election. Mr. Ed Storey, 2916 Foxdale Drive, stated the reasons he believes a casino would benefit the city. Mayor John Landwehr asked City Planner Janice McMillan to make a brief presentation at this point regarding the Missouri Boulevard rezoning issue (Bill 2007 -168) which several citizens are present to speak about tonight. Ms. McMillan presented visual information showing the location of the property involved, and answered questions asked by the Council. Following her presentation, Mayor John Landwehr reminded the audience that there will be a legal public hearing on this issue at the April 21 City Council meeting, and stated that testimony presented at that public hearing will become a part of the official record, while REGULAR COUNCIL MEETING APRIL 7, 2008 4 tonight's presentations will not be considered official testimony. He stated citizens are welcome to present at both meetings, but he did want to clarify the difference in the two events. The following persons had signed up to speak in opposition to the rezoning as contained in Bill 2007 -168: Dr. Jack Sanders, 730 Hobbs Road Ms. Renee Godbee, 702 Hobbs Road Mr. Les Bushmann, 687 Hiddenwood Court Ms. Gail Severance, 728 Hobbs Wood Ms. Anne Lock, 718 Hobbs Road Ms. Mary Newquist, 614 Hobbs Road Those speaking against the rezoning for the purpose of constructing a hotel cited the issues of increased traffic, the height and close proximity of the proposed hotel, and safety of residents, especially children, in the neighborhood. Mr. Randall Dent, 619 Norris Drive, stated he wants citizens to have the ability to opt out of the public portion of the city's GIS web site. He stated that public safety personnel such as police officers, court personnel, and fire personnel should be given that ability. Mr. Joe Wilson, 422 Oberman Place, spoke in favor of Bill 2007 -174 (false reports). He also stated he is opposed to Bill 2007 -164 (habitual offenders) as he believes the bill was drafted to target him specifically because of animal violations. Councilwoman Cindy Layton asked Mr. Wilson if he had attended any of the Administration Committee meetings where this bill was drafted to address code enforcement issues such as tall grass weeds on property rather than animal offenses as he indicated. Mr. Wilson stated he had not attended any of those meetings to hear those discussions. Mr. Leonard Steinman, 2217 W. Edgewood, stated that he will be playing taps on the Capitol grounds again on a regular basis in honor of our veterans. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Rich Koon asked if the sponsor of Bill 2007 -168 would consider placing the bill on the Informal Calendar. City Counselor Nathan Nickolaus advised that both the residents and the applicant are legally entitled to a hearing on this matter, and that the applicant has not yet had that hearing. He advised against placing it on the Informal Calendar at this time before the applicant has had his hearing as provided for by law. Councilman Dan Klindt asked for a copy of the traffic study mentioned by Ms. McMillan and asked that it be made available to the public as well. Mayor John Landwehr asked Ms. McMillan to get a copy of the traffic study to Dr. Sanders so that he can provide it to the REGULAR COUNCIL MEETING APRIL 7, 2008 5 residents. Councilwoman Cindy Layton asked if it could be put on the City's website, to which City Administrator Steve Rasmussen replied that it could be. Councilman Brian Crane asked about the requirements for size of the signs used by the City to post the legal notices on the property considered for rezoning. City Counselor Nathan Nickolaus clarified in answer to questions raised about the 185 -foot distance requirement for sending out rezoning legal notifications are governed by state law and that the City cannot vary from that distance. He stated that the City may, however, change the size of the signs used to post notices on property if it wishes. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of March 10, March 14, and March 17, 2008 City Council Meetings A motion was made by Councilman Jim Penfold to approve the Consent Agenda as presented, seconded by Councilwoman Jane A. Smith, and approved unanimously. RECESS Mayor John Landwehr announced that the Council will take a five - minute break at this point in the meeting (7:45 P.M.) RECONVENE The meeting reconvened at 7:53 P.M. with the following Council Members present: Present: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Absent: Brown BILLS INTRODUCED Bill 2007 -167, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED AT 4118 ROUTE C HIGHWAY, IN SECTION 20, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE REGULAR COUNCIL MEETING APRIL 7, 2008 6 COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2007 -168, 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 -1 NEIGHBORHOOD COMMERCIAL TO C -2 GENERAL COMMERCIAL, FOR PROPERTY LOCATED IN THE 3600 BLOCK OF MISSOURI BOULEVARD, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Mayor John Landwehr asked for staff to look at occupancy levels of existing hotels and give Council an idea of what would be allowed for now. Councilwoman Cindy Layton asked for information about how many vehicles would be generated by hotels at different occupancy levels. Bill 2007 -169, 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 STANLEY MEHRHOFF FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2007 -170, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH CERINI INVESTMENTS, INC. D /B /A/ HERTZ RENT -A -CAR LICENSEE, FOR SPACE WITHIN THE TERMINAL BUILDING AT MEMORIAL AIRPORT. Bill 2007 -171, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY FOR ALL DEDICATED RIGHT OF WAY AND EASEMENTS IN JORDAN TOWNE SUBDIVISION, SECTION 1. Bill 2007 -172, 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, WASTEWATER FUND AND PARKS FUND. REGULAR COUNCIL MEETING APRIL 7, 2008 7 Bill 2007 -173, 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 -174, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18 (MISC. OFFENSES), SECTION 165 (FALSE REPORTS), OF THE CODE OF THE CITY OF JEFFERSON. Bill 2007 -175, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC.), SECTION 28 (COURT COSTS) OF THE CODE OF THE CITY OF JEFFERSON BY ADDING AN ADDITIONAL FEE OF TWO DOLLARS ($2.00) FOR MAINTENANCE OF A BIOMETRIC VERIFICATION SYSTEM. Bill 2007 -176, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21 (NUISANCES), CHAPTER 8 (BUILDING AND REGULATIONS), AND CHAPTER 22 (PARKING, STOPPING AND STANDING) OF THE CODE PERTAINING TO NUISANCES. Bill 2007 -177, 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 JEFFERSON CITY CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT. Councilwoman Cindy Layton asked for a quarterly report at the next Council meeting. Mayor John Landwehr asked Randy Allen to attend the next meeting as an invited guest and give the Council a report. Councilwoman Jane A. Smith asked for the information before the next Council meeting so the Council Members would have time to read it before they are required to vote on this bill. Bill 2007 -178, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. A motion was made by Councilman Kenneth Ferguson, seconded by Councilman Rich Koon, to amend Bill 2007 -178 to add the following Fire Department vehicles to the list of items being declared surplus: REGULAR COUNCIL MEETING APRIL 7, 2008 8 1990 Pierce Arrow Fire Truck - VIN 4P1 CA02G8LA000676 Truck 101, Equipment No. E -5897 1988 Pierce Arrow Fire Truck - VIN 1 P9CA02J5KA040139 Truck 102, Equipment No. E- 4591 -01 1982 E -One Fire Truck - VIN 11 HFT4284CLZ15960 Truck 103, City Number 3609 1996 Ferrara (refurbished) Fire Truck - VIN 44KFT4281TWZ18248 Truck 104, City Number 17735 1994 Pierce Saber Fire Truck - VIN 4P1 CT02U1 RA000351 Truck 107, Equipment Number E- 8177 -02 1994 Pierce Saber Fire Truck - VIN AP1CTO2U7RA000323 Truck 108, Equipment Number E- 8177 -01 1988 Pierce Arrow Fire Truck - VIN 1 P9CA02J9KA040144 Truck 111, Equipment Number E- 4591 -02 1989 Pierce Arrow Ladder Fire Truck - VIN 1 P9CA022XKA040735 Truck 112, Equipment Number E -5248 The motion to amend was approved unanimously. Bill 2007 -179, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING DEDICATION OF THE CHRISTY DRIVE EXTENSION. BILLS PENDING 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 -163 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14335: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None REGULAR COUNCIL MEETING APRIL 7, 2008 9 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 -164 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14336: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Smith Nay: Penfold Mayor John Landwehr asked for staff to make sure to get the word out about the upcoming effective date for landlord registration. 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. Bill 2007 -165 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14337: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None 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. Bill 2007 -166 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14338: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None INFORMAL CALENDAR There were no Informal Calendar items brought forward at this time. RESOLUTIONS REGULAR COUNCIL MEETING APRIL 7, 2008 10 RS2007 -47 Amended Funding Agreement with MoDOT for Metropolitan Planning Services (Ferguson) A motion was made by Councilman Jim Penfold for adoption of RS2007 -47, seconded by Councilman Mike Harvey, and approved unanimously. RS2007 -48 Endorsing participation of the Jefferson City Area YMCA in the Neighborhood Assistance Program (Ferguson) A motion was made by Councilman Brian Crane for adoption of RS2007 -48, seconded by Councilman Dan Klindt, and approved unanimously. RS2007 -49 Establishing Procedures for Liquor License Hearings (Crane) A motion was made by Councilman Kenneth Ferguson for adoption of RS2007 -49, seconded by Councilman Rich Koon, and approved unanimously. SCHEDULED REPORTS There were no reports scheduled to be given at this time. 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 17, 2008 Closed Session Minutes: A motion was made by Councilman Jim Penfold to approve the minutes as presented, seconded by Councilwoman Cindy Layton, and REGULAR COUNCIL MEETING APRIL 7, 2008 approved unanimously. GO INTO CLOSED SESSION 11 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 Mike Harvey to go into Closed Session at this time, seconded by Councilman Dan Klindt, and defeated by the following roll -call vote at 8:55 P.M. Aye: Crane, Klindt, Layton, and Penfold Nay: Ferguson, Harvey, Koon, Medin, and Smith No closed session was held.