HomeMy Public PortalAbout20040719REGULAR COUNCIL MEETING JULY 19, 2004
CALL TO ORDER
The Regular Council Meeting of July 19, 2004, was convened at 6:00 P.M. by Mayor John
Landwehr.
Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Absent: Ferguson and Vogel
A quorum was declared present.
Three Boy Scouts in the audience were asked to stand and introduce themselves. Mayor
John Landwehr welcomed the scouts to the meeting.
PUBLIC HEARINGS
(a) Voluntary Annexation of Land in the 1700 to 2000 Block of Highway 179 for St.
Mary's Health Center: City PlannerJanice McMillan gave a brief report outlining the
background of the annexation. Following her presentation, no persons present
requested to speak in favor of, or opposition to, the annexation. Mayor John
Landwehr declared the evidentiary portion of the public hearing concluded.
The council took up the associated Pending Bill (2004 -33) at this time.
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.
REGULAR COUNCIL MEETING JULY 19, 2004
Bill 2004 -33 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13741:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
(b) Zoning Plan and Associated Comprehensive Plan Amendment in the 1700 to
2000 Block of Highway 179 for St. Mary's Health Center: City Planner Janice
McMillan gave a brief report outlining the background of the annexation. Following
her presentation, no persons present requested to speak in favor of, or opposition
to, the annexation. Mayor John Landwehr declared the evidentiary portion of the
public hearing concluded.
The council took up the associated Pending Bill (2004 -34) at this time.
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 -34 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13742:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
(c) Rezoning and Associated Comprehensive Plan Amendment for 68.08 acres
located southwest of the intersection of West Stadium Boulevard and West
Edgewood Drive: City Planner Janice McMillan gave a brief report outlining the
background of the annexation. Following her presentation, no persons present
requested to speak in favor of, or opposition to, the annexation. Mayor John
Landwehr declared the evidentiary portion of the public hearing concluded.
The council took up the associated Pending Bill (2004 -35) at this time.
Bill 2004 -35, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
REGULAR COUNCIL MEETING JULY 19, 2004
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.
Bill 2004 -35 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13743:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
(d) Preliminary and Final PUD Plan for 2130 Schotthill Woods Drive City Planner
Janice McMillan gave a brief report outlining the background of the annexation.
Following her presentation, no persons present requested to speak in favor of, or
opposition to, the annexation. Mayor John Landwehr declared the evidentiary portion
of the public hearing concluded.
The council took up the associated Pending Bill (2004 -36) at this time.
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 -36 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13744:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
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) Planning & Zoning Commission, June 10, 2004
REGULAR COUNCIL MEETING JULY 19, 2004
(b) June 2004 Finance Report
(c) Transportation & Traffic Commission, July 3, 2004
(d) Economic Development Advisory Board, May 26, 2004
(e) Environmental Quality Commission, March 4, 2004
(f) Public Works & Planning Committee, May 20, 2004
(g) Parks & Recreation Commission, June 14, 2004
(h) Human Relations Commission, June 8 and June 22, 2004
COUNCIL LIAISON REPORTS
There were no reports made at this time.
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. Larry Schepers, Chairman of the Economic Development Advisory Board, gave a report
of that Board's activities since its creation in November 2003. He briefed the Council on
their goals to work with the Chamber of Commerce, the City, the County, and other entities
to further economic development in the area. He introduced Missy Bonnot, Director of
Economic Development for the Chamber of Commerce, as well as Mike Kehoe, President
of the Board of Directors of the Chamber of Commerce. Following Mr. Schepers' report,
several questions were asked by the Council, and Mr. Schepers was commended by the
Mayor and Council for the Board's outstanding efforts toward improving the community of
Jefferson City.
PRESENTATIONS FROM THE GALLERY
REGULAR COUNCIL MEETING JULY 19, 2004
There were no presentations made at this time.
CONSENT AGENDA
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: July 6 Pre - Meeting and Regular Meeting
b. Bid 2152 - Sewer Pipe, Community Development, Collections Systems Maint.
A motion was made by Councilman Michael Berry for approval of the Consent Agenda as
presented, seconded by Councilman Kevin Brown and approved unanimously.
BILLS INTRODUCED
Bill 2004 -44, sponsored by Councilman Berry and Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO APPOINTMENT OF COMMITTEES.
Bill 2004 -45, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARTHUR J.
GALLAGHER FOR PROFESSIONAL BROKER SERVICES.
Bill 2004 -46, sponsored by Councilman Harvey, Ferguson, and Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SCHEDULE
A OF THE CITY CODE PERTAINING TO SPEED LIMITS ON HIGHWAY 50/63 (WHITTON
EXPRESSWAY).
Bill 2004 -47, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HORNER & SHIFRIN
FOR HIGHWAY 54 PUMP STATION DESIGN AND CONSTRUCTION.
Following questions asked by Council Members regarding the fiscal note associated with
this bill, Mayor John Landwehr asked staff to provide more information to the Council to
answer these questions before the next Council meeting.
REGULAR COUNCIL MEETING JULY 19, 2004
BILLS PENDING
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.
*Passed during Public Hearings portion of meeting
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.
*Passed during Public Hearings portion of meeting
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.
*Passed during Public Hearings portion of meeting
Bill 2004 -36, sponsored by Councilman Brown, entitled:
REGULAR COUNCIL MEETING JULY 19, 2004
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.
*Passed during Public Hearings portion of meeting
Bill 2004 -37, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO WEAPONS.
Bill 2004 -37 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13745:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
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 HIGHWAY AND TRANSPORTATION COMMISSION.
Bill 2004 -38 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13746:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
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 -39 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13747:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
REGULAR COUNCIL MEETING JULY 19, 2004
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 -40 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13748:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
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 -41 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13749:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
Bill 2004 -42, sponsored by Councilman Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE HIGH
STREET TAX INCREMENT FINANCING PLAN TO INCREASE THE REIMBURSABLE
PROJECT COSTS FOR PRIVATE IMPROVEMENTS
Bill 2004 -42 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13750:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None
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.
Bill 2004 -43 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13751:
REGULAR COUNCIL MEETING JULY 19, 2004
Aye: Berry, Crane, Harvey, Martin, Viessman, and Weber
Nay: Brown
INFORMAL CALENDAR
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 Michael Berry stated that this bill will remain on the Informal Calendar to fulfill
notification requirements.
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 withdrawn at this time. He stated
that a new bill could be reintroduced at a later date after the committees and other entities
have had more time to work on the prison redevelopment project.
RESOLUTIONS
There were no resolutions brought before the Council at this time.
SCHEDULED REPORTS
July 19 - Report on Council rules (Councilmen Crane & Brown). Councilman Brian Crane
reported that the Committee met and that bill 2004 -44 is a result of that meeting. He
announced that the Committee is scheduled to meet tomorrow night (July 20) and the topic
of discussion will be "conflicts of interest." He invited other council members to attend that
meeting to participate in that discussion. Councilman Crane stated that he believes it would
be a good idea to invite someone from the Missouri Ethics Commission to address the
issue. Mayor John Landwehr suggested that the Committee also look at the voting
requirement and abstentions to help clarify that for Council Members. Mayor Landwehr
requested that City Clerk Phyllis Powell place this back on the agenda for a follow -up report
in 90 days.
REGULAR COUNCIL MEETING JULY 19, 2004
NEW BUSINESS
Mayor John Landwehr asked City Administrator Rich Mays to do a "snapshot" of the city's
current web site issue to see what we currently have. Mr. Mays suggested having the
person who works most closely with the web site to appear at the next Council meeting to
give a presentation.
Councilman Dean Martin announced a meeting of the purchasing committee for
Wednesday, July 28 at 12:00 noon.
Councilman Dean Martin also announced the Public Works & Planning Committee will meet
this Thursday night, July 22, 15 5:30 P.M.. Councilman Bob Weber stated he will be out of
town and possibly Councilman Kenneth Ferguson will still be out of town, and encouraged
any other Council members who know they will be gone to let staff know so they can
determine if there will be a quorum or not.
Councilman Bob Weber commended the July 4 committee for the success of this year's
event. He suggested bringing the Chairman of that committee to come to the next Council
meeting and give a report. Mayor John Landwehr asked City Clerk Phyllis Powell to contact
Dan Roling or Jill Snodgrass to see if that can be arranged.
UNFINISH
ED BUSIN
ESS
Mayor John Landwehr suggested that the Council consider entertaining nominations for a
new Council Member to occupy the seat left vacant by the death of Councilman Bill
Patterson on June 30. Questions were asked of City Counselor Nathan Nickolaus regarding
the procedure for filling vacant Council seats and subsequent elections following the filling
of vacancies. Mr. Nickolaus clarified how the city is required to handle the issue according
to the Charter and city code.
APPROVAL OF CLOSED SESSION MINUTES
A motion was made by Councilman Dean Martin to approve the July 6 Closed Session
minutes, seconded by Councilman Michael Berry and approved unanimously.
GO INTO CLOSED SESSION
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:
REGULAR COUNCIL MEETING JULY 19, 2004
Legal Actions [Sec. 610.021.(1)]
Real Estate [Sec. 610.021.(2)]
A motion was made by Councilman Dean Martin to go into Closed Session, seconded by
Councilman Roy Viessman, and approved unanimously by the following roll -call vote at
7:05 P.M.:
Aye: Berry, Brown, Crane, Harvey, Martin, Viessman, and Weber
Nay: None