HomeMy Public PortalAbout20030519REGULAR COUNCIL MEETING MAY 19, 2003
CALL TO ORDER
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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
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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
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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.