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HomeMy Public PortalAbout20030519REGULAR COUNCIL MEETING MAY 19, 2003 CALL TO ORDER 1 The Regular Council Meeting of May 19, 2003, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel, and Weber Absent: Klindt A quorum was declared present. Mayor John Landwehr extended condolences to Councilman Dan Klindt and his family upon the recent death of Councilman Klindt's mother. PUBLIC HEARINGS Mayor John Landwehr announced that the Council has been informed that the applicant in item (b), rezoning of Rock Hill Road, has requested that the Council remand the item back to the Planning and Zoning Commission. The applicant will then make revisions to their application and resubmit to the Planning and Zoning Commission. He indicated if the Council does remand it back, the hearing tonight would then become moot. Also, in light of that, Councilman David E. Smith had stated his intention to place Bill 2003 -12 on the Informal Calendar. Therefore, Mayor Landwehr stated that the Council wished to take up item (b), rezoning on Rock Hill Road, first. (b) Comprehensive Plan Map Amendment and Rezoning of 30.78 acres in the 300 -500 block of Rock Hill Road (Pending Bill 2003 -12). Mayor John Landwehr asked if anyone present wished to speak in favor of this matter. Duane Schreimann, legal counsel for the applicants in this issue, stated his clients would like to request the opportunity to revise the plan and asked the Council to move to remand the matter back to the Planning & Zoning Commission. Mayor John Landwehr then explained how the Council will deal with direct conflicts of interest vs. appearance of impropriety in determining whether to vote on this matter. A direct conflict of interest as defined in the City Code and Charter will allow a Council Member to automatically be excused from voting on any issue once the conflict has been explained. When a Council Member has a relationship which might be perceived as an appearance of impropriety, that Member shall announce that relationship and request permission of the Council to be excused from voting. The Member shall then vote, or be excused from voting, based on the decision of the Council as a whole. REGULAR COUNCIL MEETING MAY 19, 2003 2 Councilman Clyde Angle stated he would like permission to be excused from voting on the Rock Hill Road rezoning due to the fact he represents some of the persons who owned some of the property in this area. Councilman Cliff Olsen made a motion that Councilman Angle be excused from voting on this matter, seconded by Councilman Kenneth Ferguson, and the motion was defeated by the following roll -call vote: Aye: Angle, Groner, and Olsen Nay: Berry, Ferguson, Smith, Viessman, Vogel, and Weber Councilman Richard Groner stated he believes he has an appearance of impropriety, but he wanted to know the opinion of the audience present tonight before he votes. Mayor Landwehr stated at this point, public comment would be limited to the issue of whether the item should be remanded back to the Planning & Zoning Commission or not and not on the plan itself. Councilman Bob Weber moved to remand the Rock Hill Road rezoning matter back to the Planning and Zoning Commission, seconded by Councilman Edith Vogel. Councilman Clyde Angle asked that the motion and second be withdrawn and accept any and all testimony and consider allowing the citizens to speak on the issue. The motion and second were not withdrawn. The motion to remand was then passed by the following roll -call vote: Aye: Angle, Berry, Ferguson, Groner, Olsen, Smith, Vogel, and Weber Nay: Viessman (a) Comprehensive Plan Map Amendment from Commercial to High Density Residential and Rezoning from C -2 General Commercial to RA -2 Multi - Family Residential for 1.02 acres addressed as 2017 William Street (Pending Bill 2003 -11). IN FAVOR: Mr. Chi Cheung, Director of New Horizon Community Support Services, Inc., located at 2013 William Street, explained how that the rezoned property would be used to build fourteen (14) living units for mentally disabled adults. He stated a supervisor would be resident at the property 24/7. Mr. Mike Bates, Central Missouri Professional Services, presented details about how the development would be built and where it would be located on the property in question. Ms. Diane McFarland, Director of Division of Comprehensive Psychiatric Services with the Missouri Department of Mental Health. She explained why she thought the project was needed by citizens of Jefferson City who have mental and physical disabilities. Ms. Cindi Keele Johnson, Director of the National Alliance of Mentally III (NAMI), reiterated that there will be a staff person on staff at the development around the clock. Ms. Teresa McFadden, 107 Binder Drive, spoke in favor of the rezoning and stated her REGULAR COUNCIL MEETING MAY 19, 2003 3 opinion why the proposed development is needed. Mayor John Landwehr stated at this point that he understood the sponsor of the bill, Councilman David E. Smith, planned to place the bill on the Informal Calendar. Ms. Shirley Brewer, 3479 State Road AA, a client of New Horizons, asked the Council to approve the rezoning to give persons with mental disabilities the option of living on their own. Rev. Steven Buchholz, 804 Cari Ann Court, Senior Pastor of Central United Church of Christ, stated he has worked with the Board of the New Horizons and that he also feels this project would be an asset to our community. OPPOSED: Mr. John Beetem, 505 State Street, legal counsel for some of the opponents of the proposed rezoning, distributed a handout for the record and explained the pictures which showed what he called the natural buffer between commercial development and residential areas. He does not believe that case has not sufficiently been made to rezone this particular tract of land. Councilman David E. Smith asked Mr. Cheung to return to the podium to answer a question. He asked Mr. Cheung if he was aware that a veterinarian with kennels was near the proposed development, which would mean that there would be barking dogs. Mr. Cheung stated he was aware of the kennels, and that he felt it was far enough away that it would not pose a problem. Following Mr. Cheung's answer, Mayor John Landwehr afforded Mr. Beetem the opportunity to also make a statement in response to Councilman Smith's question. Mr. Beetem stated that he had just asked Mr. Eric West who is present, and is a property owner of the Colonial West Apartments in the vicinity, and Mr. West stated he can hear the dogs barking at his apartments. Dr. Talva Grundstrom, owner of a business located at 2022 William, spoke in opposition of the proposed rezoning. She stated that when she purchased her property, she did so with the understanding that all the surrounding properties would remain commercial in nature. She stated that the development proposed for the property is not the issue before the Council tonight, but the zoning of the property is the issue. Joy Swaggart, St. Mary's Boulevard, feels that the proposed rezoning has been hastily done, and that more research needs to be done regarding its effect on the neighborhood. Mr. Eric West, 2111 Dalton, owner of Colonial West Apartments located in the area, stated that he does hear the dogs barking from the kennels that Councilman Smith mentioned earlier. Mr. Pete Cummings, 15102 North Old Hwy. 107, Harrisburg, spoke on behalf of his employer, Butler Service. He stated his concern that the increased risk of small children that may use their property as a playground, and the use of their parking lot after hours for REGULAR COUNCIL MEETING MAY 19, 2003 4 partying. Councilman Bob Weber reminded Mr. Cummings that according to Mr. Cheung's previous testimony, only adults would be residing in the units, so there would be no additional children in the area. Following the conclusion of testimony in the public hearing, Councilman Cliff Olsen asked City PlannerJanice McMillan to send the Council the ordinances in the City Code regarding spot zoning as it appears in the Comprehensive Plan. Mayor John Landwehr stated that any information provided to the Council should also be made available to all parties or anyone interested, and indicated that they should contact Ms. McMillan at 634 -6410 to receive that information. Mayor John Landwehr explained to the interested parties that Councilman Smith has indicated he plans to place this particular issue on the Informal Calendar, and those persons prepared to leave the Council Chambers. Councilman Michael Berry stated that he planned to make a motion to remove the item from the Informal Calendar and voted on tonight. Mayor Landwehr then stated to the persons preparing to leave that they may wish to consider staying in case the Council decides to vote on the matter rather than place it on the Informal Calendar. 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) April 2003, Finance Reports (b) 2002 Missouri River Regional Library Audit Report (in bound book format — may be reviewed in City Clerk's Office) (c) Planning & Zoning Commission, April 10, 2003 (d) Board of Adjustment, April 8, 2003 (e) Parks & Recreation Commission, April 14, 2003 (f) Fire Fighter's Retirement System Board, December 12, 2002 COUNCIL LIAISON REPORTS Councilman Clyde Angle reported on the actions taken at the last Transportation and Traffic Commission regarding the upcoming Boy Scouts camp out in 2004, parking fines, and the potential of a downtown farmer's market. Councilman Cliff Olsen announced thatthe Environmental Services Committee has learned that citizens have been using the recycling bins located at the parks to put glass clippings in. He stated that if this does not stop, those recycling bins will be removed from the parks REGULAR COUNCIL MEETING MAY 19, 2003 5 because they are only for magazines, newspapers and cardboard items. Councilman Richard Groner announced a Public Works & Planning Committee meeting will be held May 22 at 5:30 P.M.. Councilman Cliff Olsen announced thata meeting of the Environmental Services Committee meeting will be held immediately following the May 22 Public Works & Planning Committee meeting for the purpose of electing a chairman and vice chairman of that committee. Councilman Michael Berry stated that a public hearing will be held in conjunction with the Historic Preservation Commission and Housing Authority on May 22 at 6:30 P.M. in the City Council Chambers to discuss the status of old residential properties located on West McCarty Street near the Truman Building. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no events announced at this time. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: Appointment of Elgen Mansion and Tye DeCramerto the Jefferson City Police Department, as a Police Officers. A motion was made by Councilman Bob Weber for approval of the appointment, seconded by Councilman Cliff Olsen, and approved unanimously. Mr. Mansion was present to be introduced to the Council. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations made at this time. PRESENTATIONS FROM THE GALLERY Mr. John Orear, 1728 Green Berry Road, made a presentation commending Councilman Clyde Angle for his efforts to establish a Commission on Human Relations in Jefferson City, and stated he has contacted persons from the ACLU and Operation PUSH and other agencies to get their input. REGULAR COUNCIL MEETING MAY 19, 2003 COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS 6 Councilman Clyde Angle responded to Mr. Orear's presentation and thanked him for his support and that any input from persons interested in seeing a Commission on Human Relations would be welcome. CONSENT AGENDA The following items were presented to the Council for their approval by consent: a. Minutes of April 30, 2003, City Council Work Session b. Minutes of May 2, 2003, City Council Work Session c. Minutes of May 5, 2003, City Council Work Session & Regular Meeting d. RENEWAL (Year 3) — Bid 1961, Plumbing Services, All City Departments Councilman Roy Viessman made a motion to approve the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2003 -19, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT AMENDMENT WITH JACOBS CIVIL INC. TO EXTEND THE EXISTING CONTRACT TIME FOR CONSTRUCTION SERVICES AND INCREASE THE CONTRACT AMOUNT. Bill 2003 -20, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HDR ENGINEERING, INC., FOR THE MAIN BRANCH WEARS CREEK RELIEF SEWER PRELIMINARY DESIGN. Bill 2003 -21, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE FORA CLUSTER SUBDIVISION AND ACCEPTING AND APPROVING THE REPLAT OF LOTS 1, 2, 3, 4 AND 5 OF WASHINGTON PARK ADDITION -BLOCK 24, REGULAR COUNCIL MEETING MAY 19, 2003 7 A CLUSTER SUBDIVISION OF THE CITY OF JEFFERSON. Bill 2003 -22, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE PRELIMINARY AND FINAL PUD PLAN FOR 2314 -2318 MISSOURI ROUTE B. Bill 2003 -23, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2002 -2003 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BYAPPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND FOR THE PURCHASE OF STREET EQUIPMENT. Bill 2003 -24, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO CITY COUNCIL MEETING PROCEDURES. BILLS PENDING Bill 2003 -10, sponsored by Councilmen Vogel and Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, LEVYING AND ASSESSING A SPECIAL TAX BILL AGAINST THE LOTS AND TRACTS OF LAND FRONTING AND ABUTTING 100, 200, 300 BLOCKS OF E. HIGH & 200 BLOCK OF MADISON STREET IN THE CITY OF JEFFERSON, MISSOURI, FOR THE IMPROVEMENT OF SAID SIDEWALK. Bill 2003 -10 was read third time by title and placed on final passage. Councilman Clyde Angle stated he would be abstaining due to a conflict of interest because he owns one of the properties affected by this bill. Bill 2003 -10 was then passed by the following roll -call vote as Ordinance 13540: Aye: Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None Abstain: Angle Bill 2003 -11, sponsored by Councilmen Smith and Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, REGULAR COUNCIL MEETING MAY 19, 2003 8 AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 1.02 ACRES LOCATED AT 2017 WILLIAM STREET, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI FROM C -2, GENERAL COMMERCIAL TO RA -2, MULTIPLE FAMILY RESIDENTIAL; AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Councilman David E. Smith requested that Bill 2003 -11 be placed on the Informal Calendar at this time. Councilman Michael Berry made a motion to remove Bill 2003 -11 from the Informal Calendar and placed on third reading and final passage at this time, seconded by Councilman Edith Vogel. Following discussion, Councilman Edith Vogel made a motion to call for the question which would end debate at this time, motion was seconded by Councilman Bob Weber and approved by the following roll -call vote: Aye: Berry, Ferguson, Olsen, Viessman, Vogel, and Weber Nay: Angle, Groner, and Smith The original motion to remove Bill 2003 -11 from the Informal Calendar was then defeated by the following roll -call vote: Aye: Berry, Viessman, Vogel, and Weber Nay: Angle, Ferguson, Groner, Olsen, and Smith A lengthy discussion was held regarding information which may come to the Council after tonight's meeting. Councilman Michael Berry stated he felt that any information received by any Council Member should be made available to all parties in this matter since the public hearing has already been held and concluded. Mayor John Landwehr stated that all information, whether written or oral, should be filed with the City Clerk for dissemination. Based on the discussion of this matter, Councilman Clyde Angle made a motion, as a member of the prevailing side, that the motion to remove Bill 2003 -11 from the Informal Calendar be reconsidered, seconded by Councilman Bob Weber. Aye: Angle, Berry, Groner, Smith, Viessman, Vogel and Weber Nay: Ferguson and Olsen Bill 2003 -11 was removed from the Informal Calendar, read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13541: Aye: Angle, Berry, Ferguson, Groner, Viessman, Vogel and Weber Nay: Olsen and Smith Bill 2003 -12, sponsored by Councilman Smith, 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 3.08 ACRES FROM RC CONSERVATION TO RA -2 REGULAR COUNCIL MEETING MAY 19, 2003 9 MULTIPLE FAMILY RESIDENTIAL; AND 15.65 ACRES FROM M -1 LIGHT INDUSTRIAL TO RA -2 MULTIPLE FAMILY RESIDENTIAL; AND 12.79 ACRES FROM M -1 LIGHT INDUSTRIAL TO C -2 GENERAL COMMERCIAL; AND ENDORSING AN AMENDMENT ON THE COMPREHENSIVE PLAN DEVELOPMENT PLAN MAP TO REFLECT SUCH CHANGE; FOR PROPERTY LOCATED IN THE 300 -500 BLOCK OF ROCK HILL ROAD; SECTION 34, TOWNSHIP 45 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Councilman David E. Smith requested that Bill 2003 -12 be placed on the Informal Calendar at this time. Bill 2003 -13, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2003 MILLING AND OVERLAY. Bill 2003 -13 was read third time by title and placed on final passage. Councilman Michael Berry stated he would be abstaining on this issue since he has a conflict of interest due to business relationship with some of the affected parties. Bill 2003 -13 was then passed by the following roll -call vote as Ordinance 13542: Aye: Angle, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None Abstain: Berry Bill 2003 -14, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL BY MAKING AVAILABLE FOR TRADE. Bill 2003 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance: Aye: Angle, Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -15, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING ARTICLE III OF CHAPTER 16, CITY OF JEFFERSON COMMISSION ON HUMAN RELATIONS. Councilman Clyde Angle requested that Bill 2003 -15 be placed on the Informal Calendar REGULAR COUNCIL MEETING MAY 19, 2003 10 at this time so that further revisions could be made and distributed to the Council. Bill 2003 -16, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN EASEMENT RIGHTS FOR COMBINATION SANITARY SEWER AND GENERAL UTILITY PURPOSES ACROSS A PART OF LOT NOS. 49 AND 50 OF SCHOTTHILL WOODS SUBDIVISION, SECTION ONE. Bill 2003 -16 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13544: Aye: Angle, Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -17, sponsored by Councilman Groner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY AND EASEMENT RIGHTS FORA PORTION OF OREGON STREET. Bill 2003 -17 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13545: Aye: Angle, Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None Bill 2003 -18, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN BY AN AMENDMENT NO. THREE TO MAKE THE CHANGES DESCRIBED IN THE ATTACHED SUMMARY OF CHANGES TO COMPLY WITH CERTAIN FEDERAL INCOME TAX AND LABOR LAWS. Bill 2003 -18 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13546: Aye: Angle, Berry, Ferguson, Groner, Olsen, Smith, Viessman, Vogel and Weber Nay: None REGULAR COUNCIL MEETING MAY 19, 2003 RESOLUTIONS There were no resolutions to come before the Council at this time. NEW BUSINESS 11 Councilman Richard Groner made comments regarding insurance requirements for small contractors. He felt that the City should specifically spell out in the bid specs what kinds of insurance or insurance providers would be required for each contract. UNFINISH ED BUSINESS Mayor John Landwehr announced he has asked the following persons to serve on the selection committee to interview applicants for the City Counselor position: Former Councilman Charles Jackson, local consultant Heath Clarkston, City Administrator Rich Mays, Human Resources Director Gail Strope, Missouri Municipal League Director Gary Markenson, local attorney John Kuebler, and Councilman Michael Berry. Mayor John Landwehr announced that the local AMTRAK station has been closed down, and that volunteers are needed to open the facility each mornings and closed it up in the evening, and to greet visitors when they get off the train. Councilman Clyde Angle asked why the Convention & Visitors Bureau is not taking the lead on this. Mayor Landwehr stated he believes the CVB may be helping out with this, but people are needed right away and that is why he is announcing it. Councilman Edith Vogel stated she would be more than willing to volunteer, and would even provide soft drinks to the visitors and turn over all profits made to the City as a donation. APPROVAL OF CLOSED SESSION MINUTES Closed Session of May 5, 2003 — A motion was made by Councilman Bob Weber for approval, seconded by Councilman Kenneth Ferguson and approved unanimously. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Edith Vogel to adjourn, seconded by Councilman Bob Weber and approved REGULAR COUNCIL MEETING MAY 19, 2003 12 unanimously at 9:08 P.M.