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HomeMy Public PortalAbout20050103REGULAR COUNCIL MEETING JANUARY 3, 2005 CALL TO ORDER 1 The Regular Council Meeting of January 3, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Mike Harvey, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Absent: None A quorum was declared present. AMENDMENT OF AGENDA Mayor John Landwehr stated he will entertain a motion to amend the agenda by adding approval of August 23, 2004, Special Council Meeting Minutes to the Consent Agenda. A motion was made by Councilman Kenneth Ferguson to amend the agenda as indicated, seconded by Councilman Roy Viessman and approved unanimously. PUBLIC HEARINGS (a) - Rezoning from RS -1 (Single Family Residential) to RU (Rural Use) for Tract A of River's Edge Estates — City Planner Janice McMillan made a presentation regarding the background of the requesting rezoning, and stated that the request for this rezoning was denied by the Planning and Zoning Commission at its November 9, 2004, meeting. Following her presentation, the following persons spoke regarding the issue: In favor: Mr. Roger Verslues, 816 Nelson Drive, applicant for the rezoning. Mr. Verslues stated he would like the bill associated with this issue (2004 -103) to remain tabled until after Bill 2004 -115 is approved. Mayor John Landwehr explained that the Council plans to vote on REGULAR COUNCIL MEETING JANUARY 3, 2005 2 that bill first, and then withdraw Bill 2003 -103. No one present requested to speak in opposition to the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of this public hearing concluded. (b) - Authorizing Amendment to Chapter 35 to Establish and Open Land Special Exception Permit. City Planner Janice McMillan made a presentation regarding the proposed text amendment. Following her presentation, no one present requested to speak in favor of, or opposition to, the proposed text amendment. Mayor John Landwehr declared the evidentiary portion of this public hearing concluded. Mayor John Landwehr stated that the Council has expressed a wish to consider both bills associated with the above two public hearings at this time. Councilman Kevin Brown stated he wished to withdraw Bill 2004 -103 from the Informal Calendar at this time. Bill 2004 -103, 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 88.4 ACRES LOCATED AT 2301 GREEN MEADOW DRIVE, ON TRACT A OF RIVERS EDGE ESTATES, LOCATED IN PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, FROM RS -1, SINGLE FAMILY RESIDENTIAL TO RU, RURAL USE. Councilman Kevin Brown stated he is withdrawing Bill 2004 -103 at this time. Bills Pending: Bill 2004 -115, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE TEXT OF CHAPTER 35, ZONING CODE; SPECIFICALLY, EXHIBIT 35 -28, LAND USE MATRIX AND SECTION 35 -41 SPECIFIC USE STANDARDS TO ESTABLISH A SPECIAL EXCEPTION PERMIT CATEGORY FOR OPEN LAND, AS DEFINED HEREIN. Bill 2004 -115 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13821: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel REGULAR COUNCIL MEETING JANUARY 3, 2005 3 Nay: None 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. Public Works & Planning Committee, November 12 and 18, 2004 b. CAMPO Board, September 29, 2004 c. Housing Authority Board of Commissioners, November 22, 2004 COUNCIL LIAISON REPORTS There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Brian Crane announced that a meeting of the Ad Hoc JCTV Committee will be held Tuesday, January 4 at 6:00 P.M. in the City Hall Boone - Bancroft Room. APPOINTMENTS BY THE MAYOR Mayor John Landwehr made the following recommendations to City Boards and Commissions for Council approval: Board Person Term Expires Term Status Board of Adjustment Robert Dallmeyer Jr. Sept 2009 Full Board of Adjustment Rick Prather Sept 2008 Partial Firefighters Retirement Bd John Tuck Aug 2007 Partial Parks & Recreation Jane Smith May 2005 Partial Historic Preservation Ralph Bray Dec 2007 Full Historic Preservation Joan Kramer Dec 2007 Full Historic Preservation Christopher Neff Dec 2007 Full A motion was made by Councilman Michael Berry for approval of the appointments as recommended, seconded by Councilman Kevin Brown and approved unanimously. REGULAR COUNCIL MEETING JANUARY 3, 2005 4 Mayor John Landwehr announced that he is appointing Councilman Cindy Layton to fill outgoing Councilman Bob Weber's unexpired appointments to the Environmental Services Committee and Annexation & Growth Committee. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Mike Kehoe and Mr. Bernie Fechtel made a presentation, along with Parks & Recreation Director Bill Lockwood, on behalf of the People for Parks and Progress Committee. They made a power point presentation detailing the need and benefits of a parks sales tax, and answered subsequent questions. Several members of the Parks and Recreation Commission were also present and Mayor John Landwehr acknowledged their presence and thanked them for their service to the community. PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: December 17 Brown Bag, December 20 Pre - Meeting and Regular Meeting; August 23, 2004, Special Council Meeting A motion was made by Councilman Kevin Brown to approve the Consent Agenda as amended previously in the meeting, seconded by Councilman Dean Martin, and approved unanimously. BIDS OVER $25,000 Bid 2184 - Asphalt Roller, Community Development (sent to Council 12 -23) - A motion was made by Councilman Mike Harvey for approval of the bid as presented, seconded by REGULAR COUNCIL MEETING JANUARY 3, 2005 5 Councilman Kevin Brown and approved unanimously. BILLS INTRODUCED Bill 2004 -120, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING CERTAIN EASEMENTS FOR SANITARY SEWER PURPOSES IN MADELINE'S PARK SUBDIVISION. Bill 2004 -121, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE PRELIMINARY AND FINAL PUD PLAN FOR 3740 WEST TRUMAN BOULEVARD, LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE CITY OF JEFFERSON, MISSOURI. Bill 2004 -122, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF MISSISSIPPI STREET. Bill 2004 -123, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE Z, (RESIDENTIAL PERMIT PARKING ZONES), AND SCHEDULE M (PARKING PROHIBITED AT CERTAIN TIMES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF WOODLAWN AVENUE. Bill 2004 -124, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF HOUGH STREET. Bill 2004 -125, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY REGULAR COUNCIL MEETING JANUARY 3, 2005 6 CODE, CHAPTER 2, SECTION 2 -355, BY ADDING ONE NEW SUB - SECTION IN REGARDS TO THE PARKS AND RECREATION COMMISSION BUDGET Bill 2004 -126, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER TWO, ARTICLE TEN, BY ADDING ONE NEW DIVISION PERTAINING TO THE CREATION OF A VEHICLE AND EQUIPMENT REPLACEMENT PLAN. Bill 2004 -127, sponsored by Councilmen VIESSMAN, Harvey, Layton, and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH I.A.F.F. LOCAL 671. Bill 2004 -128, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CO- OPERATIVE AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. Bill 2004 -129, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ARTICLE VI, OF THE CHARTER OF THE CITY OF JEFFERSON, SECTION 6.4 OF THE CHARTER OF THE CITY OF JEFFERSON PERTAINING TO FIREMEN'S PENSION FUND. BILLS PENDING Bill 2004 -108, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH CHILDRESS PHOTOGRAPHIC, LLC, D /B /A CHILDRESS STUDIO. Bill 2004 -108 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13815: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None REGULAR COUNCIL MEETING JANUARY 3, 2005 7 Bill 2004 -109, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), ARTICLE VI, (MISCELLANEOUS TRAFFIC REGULATIONS), OF THE CODE OF THE CITY OF JEFFERSON BY CREATING A NEW SECTION 19 -319 (SUN SCREENING AND TINTED WINDOWS). Bill 2004 -109 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13816: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -110, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -122 (WEIGHT LIMITS), PARAGRAPH (A) OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF ST MARYS BOULEVARD FROM HEISINGER ROAD TO WILLIAMS STREET, AND WILLIAMS STREET FROM ST. MARYS BOULEVARD TO DIX ROAD. Bill 2004 -110 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13817: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -111, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE 0 ( "PARKING TIME LIMIT ZONES "), SUBSECTION C, "TIME ZONE C," (ONE -HOUR LIMIT) BY THE ADDITION OF A PORTION OF THE 800 BLOCK OF CLARK AVENUE. Bill 2004 -111 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13818: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -112, sponsored by Councilman Schnitzler, entitled: REGULAR COUNCIL MEETING JANUARY 3, 2005 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE 0 ( "PARKING TIME LIMIT ZONES "), SUBSECTION C, "TIME ZONE C," (ONE -HOUR LIMIT) SUBSECTION 3 ( "BETWEEN THE HOURS OF 7:00 A.M. AND 5:00 P.M., ANY DAY EXCEPT SUNDAY ") BY REMOVING THE LIMIT FOR THE NORTH SIDE OF THE 100 BLOCK OF EAST DUNKLIN. Bill 2004 -112 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13819: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -113, sponsored by Councilmen VIESSMAN and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS) ARTICLE I (GENERALLY), SECTION 7 -1 (APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS) and ARTICLE XI, (USS JEFFERSON CITY SUBMARINE COMMITTEE), SECTION 7 -291 (MEMBERS; TERMS; APPOINTMENT; OFFICERS) OF THE CODE OF THE CITY OF JEFFERSON. Bill 2004 -113 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13820: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -116, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONTRACT WITH LINCOLN UNIVERSITY FOR PROVISION OF MENTORING SERVICES. Councilman Kenneth Ferguson requested that Bill 2004 -116 be placed on the Informal Calendar at this time. Bill 2004 -117, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 25 -40 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO STREET NAME CHANGES. Councilman Kevin Brown requested that Bill 2004 -117 be withdrawn at this time. REGULAR COUNCIL MEETING JANUARY 3, 2005 9 Bill 2004 -118, sponsored by Councilmen VOGEL, Brown, Crane, Harvey, Martin, and Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE 16 CENT PROPERTY TAX LEVIED FOR PUBLIC PARKS AND AUTHORIZING IN LIEU THEREOF A LOCAL PARKS SALES TAX AT THE RATE OF ONE HALF (1/2) OF ONE PERCENT, THE COLLECTION AND USE THEREOF FOR PUBLIC PARKS AND RECREATION PROGRAMS AND FACILITIES, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON APRIL 5, 2005. Councilman Edith Vogel requested that Bill 2004 -118 be placed on the Informal Calendar at this time. Bill 2004 -119, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY CONVENTION AND VISITORS BUREAU, INC. Bill 2004 -119 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13822: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None INFORMAL CALENDAR Bill 2004 -104, sponsored by Councilmen BERRY and Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF THE 2500 BLOCK OF TANNER BRIDGE ROAD TO "TANNER BRIDGE PLACE." Councilman Dean Martin requested that Bill 2004 -104 remain on the Informal Calendar at this time. Bill 2004 -106, sponsored by Councilmen BROWN and Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING FOR AN ELECTION TO AMEND ARTICLE III, OF THE CHARTER OF THE CITY OF JEFFERSON, SECTION 8.2 OF THE CHARTER OF THE CITY OF JEFFERSON PERTAINING TO NOMINATIONS. Councilman Kevin Brown requested that Bill 2004 -106 remain on the Informal Calendar at REGULAR COUNCIL MEETING JANUARY 3, 2005 10 this time. NEW BUSINESS Mayor John Landwehr announced his "New Year's Resolution" for the City will be to improve services to citizens. He has developed a "survey" which citizens can fill out and return to the City to give feedback on their experience in dealing with City staff. He stated it will be used at first by Community Development and Administration, and in the future, perhaps it can be expanded to be used by all other departments as well. Schedule Council Work Session to discuss Parks Sales Tax — Following a brief discussion, the date of Thursday, January 6, at 6:00 P.M. was selected for this work session. Staff was directed to post and notify the public accordingly. UNFINISHED BUSINESS Mayor John Landwehr read a letter from the Lord Mayor of Muenchberg, Germany, regarding their recent approval of the partnering relationship with Jefferson City. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Jonathon Schnitzler to adjourn the meeting, seconded by Councilman Michael Berry, and approved unanimously at 7:50 P.M.