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HomeMy Public PortalAbout20050207REGULAR COUNCIL MEETING FEBRUARY 7, 2005 CALL TO ORDER The Regular Council Meeting of February 7, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Brian Crane, 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, Viessman, and *Vogel (left the meeting at 7:10 P.M.) Absent: Schnitzler A quorum was declared present. Mayor John Landwehr asked if anyone present was there to speak at the scheduled public hearings. If not, he would like to postpone those until later in the meeting to allow other presentations to be made first. No one present indicated they were there for the public hearings, so the public hearings were postponed until later in the 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. Police Personnel Board, December 2, 2005 b. Liquor Control Board, January 5, 2005 c. Public Works & Planning Committee, December 17, 2004 d. Planning & Zoning Commission, December 9, 2004 e. Economic Development Advisory Board, November 17, 2004 f. Housing Authority Board of Commissioners, December 22, 2004 COUNCIL LIAISON REPORTS REGULAR COUNCIL MEETING FEBRUARY 7, 2005 Councilman Brian Crane reported that he has just recently begun participating in the CVB Board and that he will keep the Council updated as he learns information. Councilman Kenneth Ferguson announced a meeting of the Council Growth & Annexation Committee will be held Tuesday, February 15. Councilman Kevin Brown announced that a 4th Ward Meeting has tentatively been scheduled for Friday, February 18 at the Cedar Hill School. He will let the City Clerk know when the location has been confirmed. 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 Mr. Mike Kehoe, Mr. Duane Schreimann, and Mr. Bernie Fechtel made a joint presentation on behalf of People for Parks and Progress. They distributed a handout showing upcoming events associated with the campaign in the immediate future, and announced the creation of a web site for the issue. Ms. Datha Damron - Martinez, along with two of her students, made a presentation explaining that the students in a class she teaches at Lincoln University are going to be performing some surveys for the city on various issues. They hop to develop the survey in February and conduct it by telephone in March, and perform the data analysis in April. They will then present their findings to the Council. She indicated if this works out well for the City, she would like to have students perform a survey for the city on an annual basis. The Mayor and Council thanked her and her students for this service. Commission Chris Wrigley, Judge Thomas Brown, and Mr. Russ Bemboom, made a presentation on behalf of Cole County in favor of the proposed Law Enforcement Center ballot issue which will be voted on tomorrow, February 8. Following their presentation, several questions were asked by the Mayor and Council regarding the extent to which the city was asked to participate during this process. Mr. Bob Weber, former City Councilman, made a presentation on behalf of the Capital City Gateway Committee. Mr. Weber spoke about the Katy Trail annexation issue on the REGULAR COUNCIL MEETING FEBRUARY 7, 2005 upcoming ballots, and stated this area needs to be annexed into the city to allow the city to monitor the appearance of what he believes is the "gateway" to Jefferson City, and the first impression many people have of our city when they are arriving. PRESENTATIONS FROM THE GALLERY Mr. Charles Gaskin, 2604 Twin Hills Road, made a presentation in opposition to the proposed Law Enforcement Center ballot issue. Mr. Clyde Angle, 3618 West Gordon Drive, also made a presentation in opposition to the Law Enforcement Center. He stated he did not believe the County should purchase the Baptist Building and tear it down. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown and Councilman Dean Martin both made comments regarding certain issues pertaining to the Law Enforcement Center, and indicated they had concerns about the issue. Councilman Edith Vogel stated as the senior sitting member on the Council, she was never contacted by the County and invited to attend any meetings to discuss this issue during the past four years it has been considered. PUBLIC HEARINGS *Councilman Edith Vogel left the meeting at this point (7:10 P.M.) Mayor John Landwehr explained that Councilman Vogel had explained earlier that she has another meeting which requires her attendance and she asked the Council's indulgence in allowing her to be absent for the remainder of the meeting. a) Rezoning Property at 2000 Schotthill Woods Drive, and Endorsing Amendment on Development Plan Map AND Accepting Preliminary and PUD Site Plan for Signage at 2000 Schotthill Woods Drive City Planner Janice McMillan made a presentation on behalf of the city to give background details on the proposed rezoning. Following her presentation, no one present came forward to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of this public hearing concluded, and that the Council will now take up Bills 2004 -131 and 2004 -132 which pertain to this issue. Bill 2004 -131, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING FEBRUARY 7, 2005 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 -131 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13836: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None 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 -132 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13837: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None b) Changing the Street Name of Tanner Bridge Road in the 2500 Block Only to Tanner Bridge Place. City Planner Janice McMillan made a presentation on behalf of the city to give background details on the proposed street name change. Following her presentation, no one present came forward to speak in favor of, or opposition to, the proposed rezoning. Mayor John Landwehr declared the evidentiary portion of this public hearing concluded, and that the Council will now take up Bill 2004 -104 which pertain to this issue. 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 Berry requested that Bill 2004 -104 be removed from the Informal Calendar at this time and placed on third reading and final passage. Bill 2004 -104 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance REGULAR COUNCIL MEETING FEBRUARY 7, 2005 13840: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: January 14 Brown Bag, January 18 Pre - Meeting and Regular Meeting b. Final Quantity Adjustment Change Order for East McCarty Street Project A motion was made by Councilman Dean Martin to approve the Consent Agenda as presented, seconded by Councilman Michael Berry, and approved unanimously. BIDS OVER $25,000 a. Bid 2185 - Road Striper, Community Development, Street Division (sent to Council 1 -28) Bid 2190 - Spreader Truck, Community Development, Wastewater Plant (sent to Council 1 -28) Councilman Kenneth Ferguson moved to approve the bids as presented, seconded by Councilman Michael Berry and approved unanimously. BILLS INTRODUCED Bill 2004 -136, 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 APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND Bill 2004 -137, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN REGULAR COUNCIL MEETING FEBRUARY 7, 2005 ENTERPRISES FOR THE MYRTLE STREET SIDEWALK PROJECT (42103). Bill 2004 -138, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A RIGHT -OF -WAY ON A PORTION OF HART STREET, AND AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF JEFFERSON AND AMEREN UE. A motion was made by Councilman Michael Berry to accept the substitute Bill 2004 -138 which was distributed earlier by City Counselor Nathan Nickolaus, seconded by Councilman Dean Martin and approved unanimously. Bill 2004 -139, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULES A (SPEED LIMITS), F (THROUGH ROADWAYS), G (STOP INTERSECTIONS), AND J (PARKING PROHIBITED), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF VARIOUS LOCATIONS WITHIN THE ALGOA AREA. Mayor John Landwehr asked staff to try to provide the Council an update on the Algoa Area and how issues have been going in that area since it was annexed. BILLS PENDING 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 WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. Bill 2004 -130 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13835: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None 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. REGULAR COUNCIL MEETING FEBRUARY 7, 2005 Bill 2004 -133 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13838: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None 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 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13839: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None INFORMAL CALENDAR 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 removed from the Informal Calendar at this time. He then stated that, at the request of the Human Relations Commission, he is withdrawing the bill at this time. 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. A motion was made by Councilman Kevin Brown, in the absence of the bill's sponsor, that REGULAR COUNCIL MEETING FEBRUARY 7, 2005 bill 2004 -123 be removed from the Informal Calendar at this time and voted on. The motion was seconded by Councilman Cindy Layton, and approved unanimously. A motion was made by Councilman Brian Crane to accept the substitute Bill 2004 -123 previously distributed, seconded by Councilman Kevin Brown and approved unanimously. Bill 2004 -123 was removed from the Informal Calendar and placed on third reading and final passage. Bill 2004 -123 was then passed, as substituted, by the following roll -call vote as Ordinance 13841: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None RESOLUTIONS RS2004 -14 - Accepting the Cole County Multi- jurisdictional Natural Hazard Mitigation Plan (Brown). A motion was made by Councilman Kevin Brown to adopt Resolution RS2004 -14 as presented, seconded by Councilman Roy Viessman and approved unanimously. RS2004 -15 Review of City Operation and Organization (Brown). Following a lengthy discussion regarding this issue, a motion was made by Councilman Roy Viessman for adoption, seconded by Councilman Kenneth Ferguson and approved by the following roll -call vote: Aye: Berry, Crane, Ferguson, Layton, Martin, and Viessman Nay: Brown and Harvey NEW BUSINESS Mayor John Landwehr stated that he has asked staff to consider accelerating non- controversial development projects by letting the Council know which pertinent ordinances could have the rules suspended. He indicated that by doing that, it would reduce the development projects by two weeks. He asked the Council to think about the idea and let him and staff know what they think about that. Any of those items could be pointed out at the "brown bag" meetings so Council could consider whether it wants to suspend the rules or not. UNFINISH REGULAR COUNCIL MEETING FEBRUARY 7, 2005 ED BUSINESS Mayor John Landwehr stated that because he has received a lot of feedback from people about the issue of cable access following Councilman Crane's report on it. As a result, he has asked the three Council Members (Crane, Harvey, and Brown) who served on the Ad Hoc JCTV Committee to continue to serve on that committee and begin working on the recommendations made in that report. He would like that issue to be ready for some action during this year's budget process. Mayor Landwehr stated he will leave it up to that committee to decide if they would rather have others from the community to serve on the committee, or if they would prefer to solicit citizen input in the issue through public comments at their meetings. He asked City Clerk Phyllis Powell to earmark the Council Agenda to show a report made by that committee at the first Council Meeting in May. Councilman Kevin Brown stated that, as Finance Committee Chair, he would like to have some Finance Committee meetings in the near future to start working a little ahead of time on the budget process. Mayor John Landwehr announced that citizen input forms have been developed and will be available for citizens who want to give their feedback to the city on their experience with the Administration and Community Development Departments. He said he would like to expand to make this available for other departments after awhile. The forms will be available at City Hall, or they can contact their Council Member. Councilman Michael Berry reminded citizens to exercise their right to vote in tomorrow's election. SCHEDULED REPORTS No reports were scheduled to be made at this time. 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: a. Legal Actions [Sec. 610.021.(1)] b. Personnel [Sec. 610.021(3)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 7:58 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, and Viessman Nay: None