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HomeMy Public PortalAbout20050118REGULAR COUNCIL MEETING JANUARY 18, 2005 CALL TO ORDER The Regular Council Meeting of January 18, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kevin Brown, 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. Mayor John Landwehr requested that one presentation from invited guests be brought up at this time. He recognized members of Girl Scout Troop 75 from Belair School were present. Girl Scouts Leah Washburn and Samantha Maierhoffer made a brief presentation about the Girl Scout Cookie project. Following their presentation, Mayor John Landwehr asked that they leave an order blank for the City Council members to place an order for cookies, and thanked them for their presentation. PUBLIC HEARINGS (a) - Preliminary and Final PUD Plan for 3740 West Truman Boulevard — City Planner Janice McMillan made a presentation regarding the background of the proposed plan. Following her presentation, the following persons spoke regarding the issue: In favor: Mr. Duane Schreimann, attorney for the applicant, briefly explained the proposed development and offered to answer any questions by Council. There were no questions asked. No one present requested to speak in opposition to the proposed rezoning. REGULAR COUNCIL MEETING JANUARY 18, 2005 Mayor John Landwehr declared the evidentiary portion of this public hearing concluded. Bills Pending: The associated pending bill was taken up at this time. 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 -121 was read third time by title and placed on final passage. Councilman Kevin Brown moved for acceptance of Substitute Bill 2004 -121 which has been previously distributed, seconded by Councilman Jonathon Schnitzler and approved with Councilman Layton voting "Nay." Bill 2004 -121 was then passed by the following roll -call vote as Ordinance 13825: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel 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. Transportation & Traffic Commission, December 9, 2004 b. Parks & Recreation Commission, December 13 and 17, 2004 c. Economic Development Advisory Board, September 15, 2004 d. Environmental Quality Commission, October 14, 2004 e. December 2004 Finance Reports f. Historic Preservation Commission, December 14, 2004 COUNCIL LIAISON REPORTS There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS REGULAR COUNCIL MEETING JANUARY 18, 2005 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 Ms. Linda McAnany, Jefferson City Parks and Recreation Commission member, made a presentation urging passage of Bill 2004 -118. She asked that the Council not burden future commissions and city elected officials by attaching a sunset clause in the issue. Mr. Mike Kehoe, 1618 Paddlewheel Circle, made a presentation on behalf of People for Parks and Progress for approval of bill 2004 -118. He requested that the Council eliminate the parks property tax instead of just rolling it back. Ms. Therese Berry- Hyatt, Vice President of the Jefferson City Skating Club, made a presentation in favor of passage of Bill 2004 -118. She stated she believes a parks system properly funded can be a revenue benefit to the community as a whole. Mr. Scott Howell, 1210 W. Main Street, also stated his reasons for supporting the passage of a parks sales tax. He is a volunteer coach for children's sports activities. Ms. Nicole Hood and Mr. Alan Trampe, Missouri Department of Transportation (MoDOT), made an overhead power point presentation giving an update on the improvements to Whitton Expressway and the Smooth Roads Initiative. Following their presentation, questions were asked by the Mayor and City Council. Mayor John Landwehr asked that they reappear before the Council occasionally to keep them informed of pertinent road and highway projects. PRESENTATIONS FROM THE GALLERY In the absence of either Norm Robinson or Claire West on behalf of the Firemen's Pension Fund, Mr. Lonnie Brandt, made a presentation. He explained the reasons the Pension Board is asking that the Charter be amended to allow for more than one retirement fund option for the pension fund. Following his presentation, several questions were asked by Councilman Kenneth Ferguson. Mr. Len Stella, 345 Ladue Road, made a presentation in support of the Parks Sales Tax. He urged the Council not to add a sunset clause because, in his opinion, a good parks system is an issue of "quality of life" for our community. As such, he does not believe a beginning or ending time frame can be placed on it like the city's current half -cent sales tax REGULAR COUNCIL MEETING JANUARY 18, 2005 projects. Mr. Clyde Angle, 3618 West Gordon Drive, made a presentation regarding the proposed Cole County Justice Center. He distributed a handout which he read for his presentation, and listed his reasons for disagreeing with the proposed project. He requested that a committee be appointed by the city to address this issue. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Roy Viessman commended the Citizens for Parks and Progress group for their work on the parks sales tax issue. Mayor John Landwehr made comments on a couple of items mentioned by Clyde Angle. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: December 30 Brown Bag, January 3 Pre - Meeting and Regular Meeting; January 6, 2005 Council Parks Sales Tax Ordinance Workshop Bid 2183 - Easement Machine, Community Development Dept. c. Bid 2186 - Four Wheel Drive ATV, Fire Dept. d. Bid 2187 - Mobile Light Tower & Generator, Fire Dept. e. Change Order No. 2 - 2004 Stormwater Inlet Replacements, Multiple Locations f. Final Change Order, Quantity Adjustment, Airport Fence Project A motion was made by Councilman Dean Martin to approve the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously. BILLS INTRODUCED Bill 2004 -130, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2004 -2005 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION REGULAR COUNCIL MEETING JANUARY 18, 2005 WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. Bill 2004 -131, 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 FROM RS -2 SINGLE - FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, PROPERTY ADDRESSED AS 2000 SCHOTTHILL WOODS DRIVE, LOCATED IN SCHOTTHILL WOODS SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2004 -132, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLANNED UNIT DEVELOPMENT SITE PLAN FOR PROPERTY ADDRESSED AS 2000 SCHOTTHILL WOODS DRIVE, LOCATED IN SCHOTTHILL WOODS SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI Bill 2004 -133, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF CHRISTY LANE DEVELOPMENT, ASUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2004 -134, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A REVISED SUPPLEMENTAL GRANT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2004 -135, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF C. C. WEST SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilman Brown requested that the rules be suspended and Bill 2004 -135 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2004 -135 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 13823: REGULAR COUNCIL MEETING JANUARY 18, 2005 Aye: Berry, Brown, Crane, Ferguson, Layton, Martin, Schnitzler, Viessman, and Vogel, and Weber Nay: None BILLS PENDING 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 -120 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13824: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None 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 -122 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13826: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None 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. Following discussion, Councilman Schnitzler requested that Bill 2004 -123 be placed on the REGULAR COUNCIL MEETING JANUARY 18, 2005 Informal Calendar. 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 -124 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13827: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -125, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 2, SECTION 2 -355, BY ADDING ONE NEW SUB - SECTION IN REGARDS TO THE PARKS AND RECREATION COMMISSION BUDGET Bill 2004 -125 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13828: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None 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 -126 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13829: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None Bill 2004 -127, sponsored by Councilmen VIESSMAN, Harvey, Layton, and Brown, entitled: REGULAR COUNCIL MEETING JANUARY 18, 2005 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 -127 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13830: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None 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 -128 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13831: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None 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. Bill 2004 -129 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13832: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: Ferguson 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 REGULAR COUNCIL MEETING JANUARY 18, 2005 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 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2004 -106 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept Substitute #2 to Bill 2004 -106 which has been previously distributed to the Council, seconded by Councilman Brian Crane. The motion to accept the substitute was approved unanimously. Following a brief discussion, Bill 2004 -106, as substituted, was then passed by the following roll -call vote as Ordinance 13833: Aye: Berry, Brown, Crane, Ferguson, Layton, Martin, and Schnitzler Nay: Harvey, Viessman, and Vogel 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 remain on the Informal Calendar at this time. 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 removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2004 -118 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept the Substitute Bill 2004 -118 distributed at the Pre - Meeting, seconded by Councilman Dean Martin. Following a lengthy REGULAR COUNCIL MEETING JANUARY 18, 2005 discussion, the motion to substitute was then defeated by the following roll -call vote: Aye: Berry Nay: Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Bill 2004 -118 was then passed by the following roll -call vote as Ordinance 13834: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None NEW BUSINESS Councilman Dean Martin announced a meeting will be held to discuss purchasing policies will be held on January 24. UNFINISH ED BUSINESS No Unfinished Business was brought forward at this time. SCHEDULED REPORTS Councilman Brian Crane, Chairman of the Ad Hoc JCTV Committee, gave a detailed oral report on that committee's findings at the conclusion of several meetings. Following his report, Mayor John Landwehr encouraged the Council to move forward on some of the recommendations of this committee rather than let the information just "sit" without some kind of follow -up action. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council will go into Closed Session to discuss the following: Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Roy Viessman to go into Closed Session, seconded by REGULAR COUNCIL MEETING JANUARY 18, 2005 Councilman Dean Martin, and approved unanimously by the following roll -call vote at 8:20 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay: None