HomeMy Public PortalAbout20040419 OLD COUNCILREGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
CALL TO ORDER
The Regular Council Meeting of April 19, 2004, was convened at 6:00 P.M. by Mayor John
Landwehr.
Prayer was offered by Councilman Edith Vogel, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Angle, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vincent,
Vogel, and Weber
Absent: None
A quorum was declared present.
PRESENTATIONS FROM THE GALLERY
Ms. Carol Blaney introduced Mayor Nancy Grant (Hartsburg) and Ms. Odie Dickens,
made presentations on behalf of the Lewis & Clark Task Force. Mayor Grant distributed
brochures announcing a Lewis & Clark Festival which will be held in Hartsburg on May 1
and 2. Also the commemorative coin was passed around, and Ms. Dickens stated that those
can be purchased for $7.50 each from various members of the Task Force, and will also be
available for purchase at City Hall and on the city's Parks and Recreation web site.
PUBLIC HEARINGS
Mayor John Landwehr announced that the Council had expressed that they would like to
take up each Pending Bill immediately following its respective public hearing.
a) Rezoning 715 & 719 Swifts Highway from RS -2 to N -O. City Planner Janice McMillan
presented a background of the requested rezoning, and answered questions by the
Council. Following the staff presentation, the following persons requested to speak to the
issue:
In Favor:
Ms. Mary Winter, 5733 Foxfire Lane, Lohman, spoke on behalf of the law firm who
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
requested the rezoning so the could locate their law offices at the 715 Swift's Highway
property. She requested that the Council approve the request.
No one present spoke in opposition to the rezoning.
There being no further public testimony, Mayor John Landwehr declared the public hearing
concluded at this time.
Bill 2003 -190, 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 1.29 ACRES LOCATED AT 715 AND 719 SWIFTS
HIGHWAY, LOCATED IN SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST,
JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM RS -2 SINGLE FAMILY
RESIDENTIAL TO N -O NEIGHBORHOOD OFFICE.
Bill 2003 -190 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13698:
Aye: Angle, Berry, Ferguson, Groner, Klindt, Viessman, Vogel and Weber
Nay: Gordon and Olsen
b) Rezoning and Comprehensive Plan Amendment for 115 Brookdale Drive. City Planner
Janice McMillan presented a background of the requested rezoning, and answered
questions by the Council. Following the staff presentation, no one requested to speak in
favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the public
hearing concluded at this time.
Bill 2003 -191, 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 1.42 ACRES FROM RS -2 SINGLE - FAMILY RESIDENTIAL
TO RD MEDIUM DENSITY RESIDENTIAL ATTACHED FOR PROPERTY LOCATED AT
115 BROOKDALE DRIVE, LOCATED IN SECTION 22, TOWNSHIP 44 NORTH, RANGE
11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN
AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN
TO REFLECT SUCH CHANGE.
Bill 2003 -191 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13699:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Viessman, Vogel and
Weber
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
Nay: Olsen
c) Rezoning and Comprehensive Plan Amendmentfor2215 West Main. City PlannerJanice
McMillan presented a background of the requested rezoning, and answered questions by
the Council. Following the staff presentation, no one requested to speak in favor of, or
opposition to, the proposed rezoning. Mayor John Landwehr declared the public hearing
concluded at this time.
Bill 2003 -192, 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 5.66 ACRES FROM RS -3, SINGLE - FAMILY RESIDENTIAL
TO C -O, OFFICE COMMERCIAL FOR PROPERTY LOCATED AT 2215 WEST MAIN,
LOCATED ON PART OF LOTS 1 THROUGH 7 OF BUSCHS SUBDIVISION, JEFFERSON
CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE
DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH
CHANGE.
Bill 2003 -192 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13700:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
d) Amendment to Exhibits 35- 51.A., Density & Dimensional Standards Pertaining to Floor
Area Ratios. City Planner Janice McMillan presented a background of the requested
rezoning, and answered questions by the Council. Following the staff presentation, no one
requested to speak in favor of, or opposition to, the proposed rezoning. Mayor John
Landwehr declared the public hearing concluded at this time.
Bill 2003 -193, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, ZONING CODE; SPECIFICALLY, SECTION 35- 51.A., DENSITY AND DIMENSIONAL
STANDARDS.
Bill 2003 -193 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13701:
Aye: Angle, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel and
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
Weber
Nay: Berry
e) Amendment to Section 35 -25, Land Use Matrix, Pertaining to Health Care Facilities. City
Planner Janice McMillan presented a background of the requested rezoning, and answered
questions by the Council. Following the staff presentation, the following citizens spoke on
the issue:
In Favor:
Ms. Linda Rich, Kirksville, spoke on behalf of the applicant for the rezoning
Mr. Michael Couty, 416 Huntleigh Place, requested the Council to approve the rezoning.
Mr. Charlie Brzuchalski, 2534 Orchard Lane, also requested that the rezoning request be
approved.
No one requested to speak in opposition to the proposed rezoning. Mayor John Landwehr
declared the public hearing concluded at this time.
Bill 2003 -194, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, ZONING CODE; SPECIFICALLY, SECTION 35 -28, LAND USE MATRIX.
Bill 2003 -194 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13702:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
CONSENT AGENDA
The following items were presented to the Council for their approval by consent:
a. Minutes of April 2 , 2004, "Brown Bag" Work Session
b. Minutes of April 5, 2004, "Pre- Meeting" Work Session
c. Minutes of April 5, Regular City Council Meeting
A motion was made by Councilman Cliff Olsen for approval of the Consent Agenda as
presented, seconded by Councilman Roy Viessman, and approved unanimously.
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
BILLS PENDING
Bill 2003 -189, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY
BY BID.
Bill 2003 -189 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13697:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -195, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF CREEK MEADOW SUBDIVISION, ASUBDIVISION OF
THE CITY OF JEFFERSON, MISSOURI.
Bill 2003 -195 was read third time by title and placed on final passage. A motion was made
by Councilman Dan Klindt to amend as follows:
"I move that the request by the property owners to waive the requirements of the city code
for sidewalks in regards to the final plat of Creek Meadow Subdivision, as provided in
Section 33 -09 of the code, be granted." The motion was seconded by Councilman Bob
Weber and defeated by the following roll -call vote:
Aye: Ferguson and Klindt
Nay: Angle, Berry, Gordon, Groner, Olsen, Viessman, Vogel, and Weber
Bill 2003 -195 was then passed by the following roll -call vote as Ordinance 13703:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -196, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF ELM EXECUTIVE PLAZA, SECTION ONE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2003 -196 was read third time by title and placed on final passage. Councilman Dan
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
Klindt made a motion to amend Bill 2003 -196 as follows:
"I move that the request by the property owners to waive the requirements of the city code
for sidewalks in regards to the final plat of Elm Executive Plaza Subdivision, as provided
in Section 3309 of the code, be granted."
The motion died for lack of second.
Bill 2003 -196 was then passed by the following roll -call vote as Ordinance 13704:
Aye: Angle, Berry, Ferguson, Gordon, Klindt, Olsen, Viessman, Vogel and
Weber
Nay: None
Abstain: Groner
Bill 2003 -197, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
STOKES ELECTRIC CO. FOR ELECTRICAL SERVICES.
Bill 2003 -197 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13705:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -198, sponsored by Councilmen Groner and Olsen, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
BURNS & MCDONNEL FOR STORMWATER MASTER PLAN CONTRACT PHASE IV,
AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO FUND THE AMENDMENT.
Bill 2003 -198 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13706:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -199, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
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VISU -SEWER CLEAN AND SEAL, INC., FOR SANITARY SEWER REHABILITATION.
Bill 2003 -199 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13707:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -200, sponsored by Councilman VOGEL and Gordon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MISSOURI
STATE EMERGENCY MANAGEMENT AGENCY AND AUTHORIZING SUPPLEMENTAL
APPROPRIATION OF GRANT FUNDS.
Bill 2003 -200 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13708:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
Bill 2003 -201, sponsored by Councilman Angle, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2003 -2004
BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS
WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT.
Bill 2003 -201 was read third time by title and placed on final passage. Several questions
were asked of staff by Councilmen Angle, Groner, and Olsen. Following lengthy discussion,
Councilman Bob Weber made a motion to call for the question, seconded by Councilman
Edith Vogel and approved by the following roll -call vote:
Aye: Berry, Ferguson, Gordon, Groner, Klindt, Viessman, Vogel, and Weber
Nay: Angle and Olsen
Bill 2003 -201 was then passed by the following roll -call vote as Ordinance 13709:
Aye: Berry, Ferguson, Gordon, Klindt, Viessman, Vogel and Weber
Nay: Angle, Groner, and Olsen
Bill 2003 -202, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF A RIGHT -OF -WAY OF AN ALLEY NEXT TO 108
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
DOEHLA LANE AND RESERVING UTILITY EASEMENTS.
Bill 2003 -202 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13710:
Aye: Angle, Berry, Ferguson, Gordon, Groner, Klindt, Olsen, Viessman, Vogel
and Weber
Nay: None
INFORMAL CALENDAR
Bill 2003 -179, sponsored by Councilman Groner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO SECTION 31 -6, GENERAL REQUIREMENTS, OF CHAPTER 31,
STORM WATER MANAGEMENT BY ADDING SUBSECTION M AND SECTION 32 -9,
ARTICLE I. GENERALLY, OF CHAPTER 32 STREETS AND SIDEWALKS.
Councilman Richard Groner stated he wished Bill 2003 -179 to remain on the Informal
Calendar, where it dies at this time. City Administrator Rich Mays stated that the issue will
be re- introduced at a future time.
UNFINISH
ED BUSIN
ESS
Councilman Clyde Angle made comments regarding the issues of false alarms, alleys,
staffing of fire department ladder trucks, and the Condrey wage and salary study.
COUNCIL LIAISON REPORTS
There were no liaison reports made at this time.
ANNOUNCEMENTS BY TH
E MAYOR
Mayor John Landwehr presented plaques, each containing a Key to the City, to outgoing
Councilmen Clyde Angle, Darren Gordon, Richard Groner, Dan Klindt, and Clifford Olsen.
Mayor Landwehr made comments in which he thanked each outgoing Council Member for
what he believed were special attributes each brought to the Council during their terms.
ADJOURN SINE DIE
REGULAR COUNCIL MEETING APRIL 19, 2004 - OLD COUNCIL
A motion was made by Councilman Dan Klindt to adjourn sine die at this time, seconded
by Councilman Cliff Olsen, and approved unanimously at 7:10 PM.
ADMINISTRATION OF OATH TO NEWLY ELECTED OFFICIALS
The Honorable Judge Thomas Sodergren, Associate Judge with the 19th Judicial Circuit,
administered the Oaths of Office to the following newly elected officials:
Mike Harvey -1st Ward Councilman
William Patterson - 2nd Ward Councilman
Brian Crane - 3rd Ward Councilman
Kevin Brown - 4th Ward Councilman
Dean Martin - 5th Ward Councilman