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