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Home My Public Portal About20040706REGULAR COUNCIL MEETING JULY 6, 2004 CALL TO ORDER The Regular Council Meeting of July 6, 2004, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance. ROLL CAL Mayor John Landwehr announced that he will request the Clerk to call the name of Councilman Bill Patterson in the roll call. He stated that although Councilman Patterson died unexpectedly on June 30, and his funeral was earlier today, that Councilman Patterson is "still with us in spirit." The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson Harvey, Martin, Viessman Vogel and Weber Absent: Patterson (deceased) A quorum was declared present. MayorJohn Landwehrthanked members of Girl Scout Troop 107 and Ms. Corinna Rehagen who are operating the JCTV cameras for tonight's meeting. 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. b. c. d. e. Historic Preservation Commission, May 11 and May 18, 2004 Pedestrian Bicycle Task Force, April 21, 2004 Transportation & Traffic Commission, May 6, 2004 Plumbing Board of Review & Examiners, May 25, 2005 Housing Authority Board of Commissioners, April 28, 2004 COUNCIL LIAISON REPORTS There were no reports made at this time. REGULAR COUNCIL MEETING JULY 6, 2004 ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS No presentations were made at this time. PRESENTATIONS FROM THE GALLERY Mr. Richard Macintosh, 4807 Shepherd Hills Road, made a presentation regarding Bill 2004 -31 which would declare a moratorium on construction in the east end redevelopment area for one year. Mr. McIntosh stated he had already ordered expensive windows for his building located in the proposed moratorium area before this bill was introduced, and if is not permitted to install those windows, he would lose thousands of dollars. Ms. Cathy Bordner, 927 Fairmount, made a presentation in support of Bill 2004 -31. She stated that the moratorium will allow the committee currently working on the prison redevelopment project can do so without the area being changed during their work. Mr. Bill Gratz, 2315 Route M, stated his opposition to Bill 2004 -31 because he believes a moratorium on the sale of property is a violation of property rights. Mr. Gratz states he owns property in the proposed area. Mr. Clyde Angle, 3618 W. Gordon Drive, also opposed Bill 2004 -31, and requested that the City hold a public hearing on the issue so citizens can voice their opinions on the issue. Following presentations, Council Members were given the opportunity to ask questions of each presenter. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: June 18 Brown Bag, June 21 Pre - Meeting, and June 21 Regular Meeting REGULAR COUNCIL MEETING JULY 6, 2004 (RENEWAL) Agreement with Capital Regional Medical Center for Wellness and Fitness Program - Fire Dept. The Consent Agenda was inadvertently skipped over during the meeting and will be brought before the Council in the near future. BILLS INTRODUCED Bill 2004 -33, sponsored by Councilmen Berry and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF 130 ACRES ADJACENT TO AND CONTIGUOUS WITH THE CITY BOUNDARY, INCLUDING 108 ACRES OF REAL PROPERTY AND 22 ACRES OF RIGHT -OF -WAY LYING IN SECTIONS 14, 15 AND 22, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN COLE COUNTY, STATE OF MISSOURI, AND REPEALING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. Councilman Kevin Brown requested to have his name added to this bill as a co- sponsor. Bill 2004 -34, sponsored by Councilman Brown, 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 106.28 ACRES LOCATED ON THE EAST SIDE OF HIGHWAY 179 IN THE 1700 TO 2000 BLOCKS, IN SECTIONS 14, 15, AND 22, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI FROM RU RURAL USE DISTRICT TO C -2 GENERAL COMMERCIAL DISTRICT AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2004 -35, sponsored by Councilman Brown, 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 68.08 ACRES FROM RS -2 SINGLE - FAMILY RESIDENTIAL TO A COMBINATION OF RD ONE AND TWO FAMILY RESIDENTIAL, AND C -O OFFICE COMMERCIAL, SUCH PROPERTY BEING LOCATED SOUTHWEST OF THE INTERSECTION OF WEST STADIUM BOULEVARD AND WEST EDGEWOOD DRIVE, IN SECTION 14, 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. REGULAR COUNCIL MEETING JULY 6, 2004 Bill 2004 -36, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR 2130 SCHOTTHILL WOODS DRIVE, LOCATED UPON A TRACT OF 4.38 ACRES IN SECTION 21, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY MISSOURI, INCLUDING PARTS OF LOTS 99 AND 100 IN SCHOTTHILL WOODS SUBDIVISION, SECTION FOUR. Bill 2004 -37, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO WEAPONS. Bill 2004 -38, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION. Bill 2004 -39, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FOR A NARCOTICS CONTROL ASSISTANCE PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2003 -2004 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2004 -40, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE Z, OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PORTIONS OF THE 1000 BLOCK OF MARSHALL STREET. Bill 2004 -41, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE S, (LOADING ZONES), SUBPARAGRAPH C, OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PORTIONS OF THE 300 BLOCK OF BROADWAY STREET. Bill 2004 -42, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE HIGH REGULAR COUNCIL MEETING JULY 6, 2004 STREET TAX INCREMENT FINANCING PLAN TO INCREASE THE REIMBURSABLE PROJECT COSTS FOR PRIVATE IMPROVEMENTS Bill 2004 -43, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMEND THE CURRENT YEAR BUDGET WITHIN THE GENERAL FUND BY SUPPLEMENTALLY APPROPRIATING FUNDS TO THE STREET DIVISION, CENTRAL MAINTENANCE, AND ANIMAL RESCUE. Councilman Bob Weber requested suspension of the rules and passage of Bill 2004 -43. Councilmen Michael Berry and Kevin Brown objected to the request to suspend the rules. Mayor John Landwehr announced that due to the objection of two Council Members, the rules cannot be suspended at this time. BILLS PENDING Bill 2004 -28, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI PLUMBING SERVICES FOR CITY PLUMBING SERVICES. Bill 2004 -28 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13738: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, Vogel and Weber Nay: None Bill 2004 -29, sponsored by Councilmen FERGUSON, Martin, Berry, Crane, Harvey, Viessman, Vogel, and Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING THE OFFICIAL NAME OF STATE ROUTE B HIGHWAY BETWEEN TANNER BRIDGE ROAD AND ELLIS BOULEVARD TO BE "LORENZO GREENE DRIVE." Councilman Kenneth Ferguson requested that Bill 2004 -29 be placed on the Informal Calendar to allow time for the proper notification process to be completed. Mayor John Landwehr stated that Councilmen Crane, Harvey, Viessman, Vogel, and Weber had indicated in the pre- meeting work session that they wished to be added to bill 2004 -29 as co- sponsors. REGULAR COUNCIL MEETING JULY 6, 2004 Bill 2004 -30, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SECTION 2 -127, LOCAL GOVERNMENT RETIREMENT SYSTEM. Bill 2004 -31, sponsored by Councilmen BERRY and Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A MORATORIUM ON DEMOLITION, OR ALTERATION OF EXISTING STRUCTURES AND ZONING VARIANCES WITHIN THE CENTRAL EAST SIDE NEIGHBORHOOD PLAN AREA. Councilman Michael Berry requested that Bill 2004 -31 be placed on the Informal Calendar at this time. He stated he would like to schedule a work session between now and the July 19 Regular Council Meeting to discuss the issue. Following discussion, the date of Thursday, July 15, 2004, at 5:30 P.M. was scheduled fora Council Work Session. Further discussion occurred regarding the issue of allowing public input at the work session. A motion was made by Councilman Roy Viessman to entertain public input at the work session, seconded by Councilman Kevin Brown, and approved with Councilmen Berry and Harvey voting "Nay." Councilman Brian Crane suggested some members of the committees working on the prison redevelopment project as well as Cole County Commissioner Bob Jones be invited to attend and give a report of their progress. Bill 2004 -32, sponsored by Councilman Patterson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2003 -2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE TRANSIT FUND. Bill 2004 -32 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to amend by adding the following language as Section 3 and renumbering following sections accordingly: The Director of Community Development, or his designee, is hereby authorized to apply for the grants described in this agreement. The motion to amend was seconded by Councilman Bob Weber and approved unanimously. Bill 2004 -32 was then passed, as amended, by the following roll -call vote as Ordinance 13740: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, Vogel and Weber Nay: None RESOLUTIONS REGULAR COUNCIL MEETING JULY 6, 2004 RS2004 -1: Signatories on Claims Payment Account at Central Bank (Weber). A motion was made by Councilman Brian Crane for adoption, seconded by Councilman Kenneth Ferguson, and approved unanimously. RS2004 -2: Approving Project for Cole County Lutheran Home Association to be financed by The Industrial Development Authority of the County of Cole, Missouri (Weber). A motion was made by Councilman Bob Weber for adoption, seconded by Councilman Michael Berry, and approved unanimously. RS2004 -3: Authorizing Grant Application with Missouri Department of Public Safety to Fund Overtime for Enforcement of DWI Violations (Weber). A motion was made by Councilman Mike Harvey for adoption, seconded by Councilman Michael Berry, and approved unanimously. SCHEDULED REPORTS July 19 - Report on Council rules (Councilmen Crane & Brown). Mayor John Landwehr announced that the Rules Committee will be meeting June 22 at 6:30 P.M.. August 16 - Reports on City bidding procedures and policies (Councilman Martin) NEW BUSINESS Councilman Kevin Brown stated he has received numerous contacts from citizens who have received their sewer bills and noticed the increase. He asked Finance Director Steve Schlueter to give a brief explanation of this. Mr. Schlueter stated that the increase is part of the sewer revenue bonds which were approved by the voters, and the rate increases occur in steps according to that bond issue. Councilman Roy Viessman commended City Administrator Rich Mays for recently helping a citizen dispose of a dead deer on her property. Mayor John Landwehr announced that he and the City Council walked in the Independence Day parade in honor of the late Councilman Bill Patterson, and that Mr. Patterson's wife and sons walked in the parade for Mr. Patterson. UNFINISH ED BUSINESS There was no unfinished business brought before the Council at this time. GO INTO CLOSED SESSION REGULAR COUNCIL MEETING JULY 6, 2004 Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: Legal Actions [Sec. 610.021.(1)] Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Edith Vogel, and approved unanimously by the following roll -call vote at 7:22 PM: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Viessman, Vogel and Weber Nay: None