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HomeMy Public PortalAbout20040120REGULAR COUNCIL MEETING JANUARY 20, 2004 CALL TO ORDER The Regular Council Meeting of January 20, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Dan Klindt, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present: Present: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Weber Absent: Viessman and Vogel A quorum was declared present. ITEMS MOVED UP ON THE AGENDA Mayor John Landwehr announced that there were guests present which the city has invited to make presentations, and that, because of some scheduling conflicts, the Council has consented to allow those presentations to be moved up at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, & INVITED GUESTS Mr. Dick Gaffney, 1220 Hoffman Drive, made a presentation on behalf of the Lewis & Clark Task Force. He explained details of where the original Lewis & Clark expedition were on their journey exactly 200 years ago. Mayor John Landwehr stated he has invited guests to come to the next several Council Meetings to give similar presentations to keep the public informed on the details from the Lewis & Clark journals as they traveled through this part of our nation. Mr. Marc Ellinger, 3220 Glenstone Drive, made a presentation on behalf of the Capital Area Partnership for Planned Growth. He encouraged citizens to complete and return the surveys which were mailed with the local News Tribune last week. Citizens who did not get the survey may call Mr. Ellinger at 634 -2500 or go to www.jcareaneeds.com to obtain one. Mr. Tom Rynard, 4012 Catalina Drive, made a presentation on behalf of the Historic Preservation Commission regarding the benefits ofthe Certified Local Government program which is being voted on by Bill 2003 -158 tonight. He distributed a handout that explained the benefits of the CLG. Councilman Richard Groner asked if the CLG designation would REGULAR COUNCIL MEETING JANUARY 20, 2004 give someone the authority to place a property on the historic register without their consent. Mr. Rynard answered that "no," it would not. Councilman Cliff Olsen asked if becoming a CLG will require hiring more city employees, to which Mr. Rynard answered that there would be no need for additional staffing or funding unless at some point in the future, situations changed which would require it at that time. He indicated one such thing might be if the agreement expired and the city wished to continue it, a local match would be required to receive additional grant funds. PUBLIC HEARINGS Public Hearing Item (a): Map Amendment, Concept PUD Plan and Rezoning for 1.82 Acres Located at 2002 Tanner Bridge Road (Klindt) Bill 2003 -156. Councilman Dan Klindt stated that the Council had just received some information on this issue which the applicants did not receive. Therefore, the applicants are requesting that the public hearing and vote on this issue be postponed until they can receive the same information and have time to prepare to address it. Councilman Clyde Angle asked for clarification about what the information was and who it came from. Mayor John Landwehr answered that Councilman Groner had handed out a sheet of information in the 5:45 pre- meeting. Following a brief discussion about how this request to postpone should be handled in light of the scheduled public hearing, City Counselor Nathan Nickolaus stated that it would require a motion and approval of a majority of the Council to postpone it. A motion was made by Councilman Dan Klindt to postpone the public hearing for two weeks until the February 2, 2004, City Council Meeting, seconded by Councilman Cliff Olsen. Councilman Clyde Angle asked if the staff can provide a report based on Councilman Groner's handout. At the conclusion of further discussion, the motion to postpone was approved by the following roll -call vote: Aye: Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Weber Nay: Angle Mayor John Landwehr asked if there were citizens present who had come to speak on this public hearing. Two citizens responded. Mayor Landwehr stated they were welcome to go ahead and speak to this issue tonight as a "presentation from the gallery" and then return on February 2 to give their official testimony for the record. Those present who wished to speak on the matter at this time were: Mr. Jim Williams, 2007 Tanner Bridge Road, stated he will come back on February 2, and stated briefly that his objections will be due to the speed of traffic at the proposed location, and there are also serious water problems that may or may not be related to the project. Ms. Laurie Nichols, 1013 Cimarron, stated she will not be able to return on February 2. She explained she objected to the notice procedure because the signs posted were too small to read. She also stated that she believes there is a traffic problem in the area which will be exacerbated by the proposed development. She asked that the city notify residents REGULAR COUNCIL MEETING JANUARY 20, 2004 on streets farther away from the development area since the traffic problems will affect them as well. Mayor John Landwehr stated that staff should contact the affected property owners to notify them of the Council's action to postpone the public hearing. Mayor John Landwehr stated that Bill 2003 -156 needs to be brought forward at this time as Councilman Klindt has indicated a wish to place it on the Informal Calendar. Bill 2003 -156, 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 1.82 ACRES FROM RD, TWO FAMILY RESIDENTIAL AND RS -2 SINGLE - FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT FOR PROPERTY ADDRESSED AS 2002 TANNER BRIDGE ROAD, LOCATED IN SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Councilman Dan Klindt requested that Bill 2003 -156 be placed on the Informal Calendar at this time. Public Hearing Item (b): Rezoning from RA -2 to C -1 for Property Located at 3400 West Truman Boulevard (Klindt) Bill 2003 -157. City Planner Janice McMillan gave details of the background of this proposed rezoning. Following her presentation, no one present requested to speak in opposition to the proposed rezoning. The following citizen spoke in favor of the proposed rezoning: Mr. Mike Bates, 2500 E. McCarty, Central Missouri Professional Services. Mr. Bates briefly stated his firm's interest in the proposed rezoning and offered to answer any questions by the Council. There being no further testimony to come forward at this time, Mayor John Landwehr declared the public hearing concluded. Mayor John Landwehr stated that Bill 2003 -157 will be considered at this time: Bill 2003 -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 3.5 ACRES FROM RA -2, MULTI - FAMILY RESIDENTIAL TO C -1, NEIGHBORHOOD COMMERCIAL FOR PROPERTY ADDRESSED AS 3400 WEST TRUMAN BOULEVARD, LOCATED IN SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING JANUARY 20, 2004 Bill 2003 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13675: Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, and Weber Nay: None Abstain: Olsen MINUTES AND REPORTS RECEIVED AND FILED The Presiding Officer 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. Pedestrian - Bicycle Task Force, November 19, 2003 b. Planning & Zoning Commission, December 11, 2003 c. Transportation & Traffic Commission, November 6, 2003 d. Parks & Recreation Commission, December 8, 2003 e. Historic Preservation Commission, November 10 and December 9, 2003 f. Board of Adjustment, November 10, 2003 g. Economic Development Advisory Board, December 17, 2003 h. Housing Authority Board of Commissioners, November 24, 2003 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Richard Groner announced a Public Works and Planning Committee meeting will be held Thursday night, January 22, at 5:30 PM in the Upper Level Conference Room. Councilman Cliff Olsen expanded on Mr. Groner's announcement, and asked Council Members to go look at the sidewalks listed on the Public Works agenda so they can discuss them at the meeting. Councilman Groner stated they should also look at the black lines as well. APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING JANUARY 20, 2004 The following appointments were recommended by the Mayor for Council approval: a. Police Officer — David Mays b. City Board and Commissions: REGULAR COUNCIL MEETING JANUARY 20, 2004 Board Police Personnel Board Library Board Library Board University Ext. Person Type Ward Term Expires Carlos Graham Jan 2007 Karlene Diekroger March 2007 Jim Nelson March 2007 Eva Pratt Feb 2006 Term Status Reappointment Reappointment Reappointment Third term Mayor John Landwehr stated that the reappointment of Eva Pratt to a third term will require separate consideration and a super majority vote of two - thirds of the Council. Chair entertained a motion to approve item (a) and all appointments listed on item (b) with the exception of Eva Pratt reappointment. A motion was made by Councilman Kenneth Ferguson to approve those appointments as recommended, seconded by Councilman Cliff Olsen, and approved unanimously. Reappointment of Eva Pratt to third term: A motion was made by Councilman Cliff Olsen for approval, seconded by Councilman Michael Berry and approved unanimously. PRESENTATIONS FROM THE GALLERY Mr. John Britton, 2719 Schellridge Road West, made a presentation regarding the smoking issue. He stated his reasons for opposing Bill 2003 -160. Mr. Jack Bardgett, 802 Strassburg Court, stated he is also opposed to Bill 2003 -160 because he felt its passage would create a law where no problem existed. Mr. Len Stella, 345 Ladue Road, stated he is opposed to a vote at the local level on the smoking issue. Ms. Deborah Boldt, 3411 Schott Road, made a presentation on behalf of the Cole County Partners for Clean Air by reading a statement prepared by that organization. Following each presentation, Council Members were given an opportunity to ask questions of the presenters. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS There were no comments made at this time. CONSENT AGENDA The following items were brought to the Council for approval on the Consent Agenda: a. Minutes of January 2, 2004, "Brown Bag" Work Session REGULAR COUNCIL MEETING JANUARY 20, 2004 Minutes of January 5, 2004, "Pre- Meeting" Work Session c. Minutes of January 5, 2004,Regular City Council Meeting Bid 2037 - (RENEWAL, Year 2) Contract with Robinson Cleaners for Uniform Cleaning Councilman Cliff Olsen made a motion to approve the Consent Agenda as presented, seconded by Councilman Dan Klindt, and approved unanimously. CONSENT MATTERS REFERRED FOR INDIVIDUAL CONSIDERATION There were no items referred for individual consideration at this time. BILLS INTRODUCED Bill 2003 -161, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULES (J)AND (M), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PARKING ON PORTIONS OF CLARK AVENUE. Bill 2003 -162, sponsored by Councilmen Olsen, Viessman, Vogel, and Gordon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR IMPROVEMENTS AT THE INTERSECTIONS OF MCCARTY STREET AT BOLIVAR STREETS, AND DIX ROAD AT INDUSTRIAL DRIVE.. Bill 2003 -163, sponsored by Councilman Angle, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AMENDMENT TO STATE BLOCK GRANT PROJECT AIRE 015 -40B FOR FUNDING OF THE JEFFERSON CITY MEMORIAL AIRPORT. BILLS PENDING Bill 2003 -158, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MISSOURI STATE HISTORIC PRESERVATION OFFICER (MISSOURI DEPARTMENT OF NATURAL RESOURCES). Bill 2003 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13676: REGULAR COUNCIL MEETING JANUARY 20, 2004 Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, and Weber Nay: None Bill 2003 -160, sponsored by Councilman Olsen, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 15, ARTICLE III OF THE CITY CODE REGARDING CLEAN AIR IN PUBLIC PLACES. Bill 2003 -160 was read third time by title and placed on final passage. Mayor John Landwehr asked City Counselor Nathan Nickolaus to summarize the bill which is currently before the Council. Following Mr. Nickolaus's summary, a lengthy discussion was held by the Council. Councilman Clyde Angle stated he did not believe the bill would accomplish the goal of banning smoking in public places. Councilmen Groner and Olsen stated that they believed the bill should be passed to allow the public to vote on the issue. Councilman Michael Berry stated that he would vote against the bill because he felt that the Charter made provision for citizens who wanted the opportunity to vote on an issue without the Council doing it for them. Following the conclusion of discussion, Bill 2003 -160 was defeated by the following roll -call vote: Aye: Ferguson, Gordon, Groner, and Olsen Nay: Angle, Berry, Klindt, and Weber NEW BUSINESS There was no new business brought forward at this time. UNFINISH ED BUSINESS No unfinished business was brought forward at this time. ADJOURN MENT There being no further business to come before the Council, a motion was made by Councilman Michael Berry for adjournment, seconded by Councilman Dan Klindt, and approved unanimously at 7:25 P.M. REGULAR COUNCIL MEETING JANUARY 20, 2004