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HomeMy Public PortalAbout20050321REGULAR COUNCIL MEETING MARCH 21, 2005 CALL TO ORDER The Regular Council Meeting of March 21, 2005, 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, Ferguson, Harvey, Martin, Schnitzler, and Vogel Absent: Layton and Viessman A quorum was declared present. PUBLIC HEARINGS a) Rezoning 2225 Idlewood Road and Associated Comprehensive Plan Amendment City Planner Janice McMillan made a presentation on behalf of the city to give background details on the proposed plan. Following her presentation, the following persons came forward to speak in favor of, or opposition to, the proposed plan. In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 East McCarty Street, and Mr. Brian Pemberton, Environmental Engineering. Mr. Bates explained the background of the project and stated after they began building, the realized there was a zoning problem so they stopped the project to go through the appropriate zoning process. He answered subsequent questions asked by the City Council. No one spoke in 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 -145 which pertains to this issue. Bill 2004 -145, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING MARCH 21, 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 M -1 LIGHT INDUSTRIAL, FOR PROPERTY ADDRESSED AS 2225 IDLEWOOD ROAD, LOCATED IN SECTION 23, 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 -145 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13851: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None b) Rezoning 525 Ellis Boulevard and Associated Comprehensive Plan Amendment City Planner Janice McMillan made a presentation on behalf of the city to give background details on the proposed plan. Following her presentation, the following persons came forward to speak in favor of, or opposition to, the proposed plan. In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 East McCarty Street, Mr. Bates explained the background of the project and answered subsequent questions asked by the City Council. No one spoke in 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 -146 which pertains to this issue. Bill 2004 -146, 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 RA -2 MULTIPLE FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL, FOR PROPERTY ADDRESSED AS 525 ELLIS BOULEVARD, LOCATED IN SECTION 24, 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 REGULAR COUNCIL MEETING MARCH 21, 2005 CHANGE. Bill 2004 -146 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13852: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, 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, February 10, 2005 b) Historic Preservation Commission, February 8, 2005 c) Board of Adjustment, February 8, 2005 d) Housing Authority Board of Commissioners, January 26, 2005 e) February 2005 Finance Report f) Planning & Zoning Commission, February 10, 2005 g) Council Rules Committee, June 22, July 20, and November 22, 2004 h) Parks & Recreation Commission, February 14, 2005 COUNCIL LIAISON REPORTS No liaison reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Mayor John Landwehr presented the Government Finance Officers Association Award of Financial Reporting Achievement to City Finance Director Steve Schlueter. Mr. Schlueter introduced Chief Accountant Phyllis Gilpin and indicated it is her work which has made the City qualified to receive this award for the past several years. Councilman Dean Martin announced a Ward Five meeting will be held on Thursday, March 31 at 6:30 P.M. at the McClung Park Pavilion, and invited anyone to attend whether they live in Ward Five or not. REGULAR COUNCIL MEETING MARCH 21, 2005 Councilman Brian Crane announced a Council Rules Committee meeting will be held on Tuesday, March 29 at 5:45 P.M. at City Hall. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced that he has recently appointed Mr. Harry Otto to serve on the Ad Hoc Committee to Study Methodologies for an Efficiency Study for the City of Jefferson which will be looking at the issue of efficiency in city government. Mayor John Landwehr made the following recommendation for appointment to the Jefferson City Police Department: Dennis Bax - Fiscal Affairs Technician Following an introduction of Mr. Bax and a report of his qualifications by Captain Cynova, a motion was made by Councilman Edith Vogel to approve the appointment, seconded by Councilman Michael Berry and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Datha Damron - Martinez, Lincoln University, made a presentation regarding the citizen survey her class will be performing for the city in the next few weeks. Following her presentation, Mayor John Landwehr encouraged citizens who receive a call to participate in the survey to please do so in order to let the City know their input on important topics. Mr. Bernie Fechtel made a joint presentation on behalf of People for Parks and Progress and updated the Council on future events the group will be holding to get information out about this ballot issue. He stated anyone who would like to have the group make a presentation for their organization may contact him at 636 -5161, or Mr. Kehoe at 634 -4444, or contact them through the website people4parks.com. Councilman Edith Vogel asked City Administrator Rich Mays to explain to the public the newly instituted vehicle replacement fund which was the topic of a radio talk show earlier in the day which erroneously tied all new vehicles to the parks dept. Mr. Mays explained this program was discussed publicly for the past several months, and recently implemented with the intention of saving the city several thousand dollars per year in maintenance costs. Mr. Greg McAboy, Vice President of the Student Government Association for 2004 -2005 at Lincoln University, made a presentation regarding relations between the university and the city. He stated that he believes the university students are unfairly blamed for negative activities by persons not linked to LU in any way. He urged dialogue between the city and the Lincoln students to improve relations, and that one way would be to add a link from the REGULAR COUNCIL MEETING MARCH 21, 2005 City's official web site to Lincoln University. Following Mr. McAboy's presentation, Mayor John Landwehr asked Finance Director Steve Schlueter to make arrangements for staff to provide a link to Lincoln from the City's web site. Mayor Landwehr stated he had already planned to meet with Lincoln's new President, Carolyn Mahoney, regarding some of the same issues Mr. McAboy brought up. He thanked Mr. McAboy for his presentation, and stated he would be in contact with him. Charlie Lansford, Assistant Director of Community Development, made a brief presentation regarding the annual citywide bulky items trash cleanup. He announced the dates, and indicated where citizens can go to dispose of household hazardous wastes and old tires, and also reminded folks of items that will not be picked up if left on the curb. PRESENTATIONS FROM THE GALLERY Mr. Paul VanHorn, 808 Strasburg Ct., made a presentation in favor of the Katy Trail annexation which will appear on the April 5 ballot. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY City Counselor Nathan Nickolaus was asked to explain what types of businesses could be build in the Katy Trail annexation area if not annexed. Mr. Nickolaus stated that adult entertainment establishments such as "juice bars" could be built, but that riverboat casinos could not. Councilman Michael Berry asked Fire Chief Robert Rennick to give a report on last week's fire at the pallet plant in the Katy Trail annexation area, and give the Council an estimate of what it cost city residents to participate in fighting the fire. Chief Rennick gave a report on the fire, and stated his cost estimate at this time is approximately $3,700. Following Chief Rennick's report, Mayor John Landwehr stated he wanted to receive a report in writing explaining what number(s) the property owner called to report the fire, where the call(s) came in, and also wanted to know if someone at one of the sports fields in that area dials 9 -1 -1 to report an injury or other emergency, how such a call would be handled and by whom. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: March 4 Brown Bag, March 7 Pre - Meeting and Regular Meeting REGULAR COUNCIL MEETING MARCH 21, 2005 Bid 2059 (RENEWAL - Year 3) Contract with Chariton Valley / Tri Star Communications for Radio Maintenance, All City Departments c. Bid 2204 - Tilt Bed Equipment Trailers, Community Development Dept. (RENEWAL - Year 2) Contract with A. J. Gallagher, Inc. for Broker Services for Property & Liability A motion was made by Councilman Brian Crane to approve the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BIDS OVER $25,000 The following bids over $25,000 were presented to the Council for approval: Bid 2182 - Material Spreaders and Plows, Community Development, Street Division & Airport (sent to Council 3 -11) Bid 2209 - Street Sweeper / Scrubber, Community Development Department, Parking Division (Sent to Council 3 -4) A motion was made by Councilman Kevin Brown for approval of the bids as presented, seconded by Councilman Dean Martin and approved unanimously. BILLS INTRODUCED Bill 2004 -151, sponsored by Councilmen Harvey and Ferguson, 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 AND AUTHORIZING A GRANT AGREEMENT WITH AMEREN COMMUNITY DEVELOPMENT COMPANY, LLC. Councilman Harvey requested that the rules be suspended and Bill 2004 -151 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2004 -151 was then read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 13857: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING MARCH 21, 2005 Bill 2004 -152, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KEN KAUFFMAN & SONS EXCAVATING FOR THE ROUTE T BORE AND JACK PROJECT (NO. Bill 2004 -153, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS FOR WATERVALVE REPLACEMENT AND INSPECTION OF THE WATER TOWER LOCATED IN NORTH JEFFERSON CITY. Bill 2004 -154, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2, ARTICLE IX, DIVISION 2, OF THE CITY CODE IN REGARDS TO THE PURCHASING POLICIES OF THE CITY OF JEFFERSON. Bill 2004 -155, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINCOLN UNIVERSITY FOR OPERATION OF JCTV. Bill 2004 -156, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALELCO, INC FOR EMERGENCY GENERATORS Bill 2004 -157, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7, SECTIONS 301 REGARDING THE BOARD OF ELECTRIC EXAMINERS AND REVIEW, AND SECTION 307 REGARDING THE BOARD OF PLUMBING EXAMINERS AND REVIEW BY ALLOWING NON - RESIDENTS TO SERVE AS MEMBERS OF THE BOARD. BILLS PENDING REGULAR COUNCIL MEETING MARCH 21, 2005 Bill 2004 -147, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CITY OF JEFFERSON TRANSIT DEVELOPMENT PLAN. Bill 2004 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13853: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None Bill 2004 -148, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2005 MILLING AND OVERLAY PROJECT (NO. Bill 2004 -148 was read third time by title and placed on final passage. Councilman Michael Berry announced he will be abstaining from this bill due to a conflict of interest. Bill 2004 -148 was then passed by the following roll -call vote as Ordinance 13853: Aye: Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None Abstain: Berry Bill 2004 -149, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (B), (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF MONROE STREET. Bill 2004 -149 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13855: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None Bill 2004 -150, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. REGULAR COUNCIL MEETING MARCH 21, 2005 Bill 2004 -150 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13856: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar for consideration at this time. RESOLUTIONS RS2004 -18 Authorizing Application to 2005 Byrne Justice Assistance Grant [JAG] Program with U.S. Department of Justice (Viessman) A motion was made by Councilman Kevin Brown for adoption of RS2004 -18, seconded by Councilman Brian Crane and approved unanimously. RS2004 -19 Supporting Expansion and Improvement of Highway 50 Across Missouri from Pettis County to Franklin County (Viessman) Councilman Michael Berry stated that while he does not necessarily oppose the concept, he does not feel like he has enough information to make an informed decision on the issue. At the conclusion of a lengthy discussion, a motion was made by Councilman Dean Martin to table Resolution RS2004 -19, seconded by Councilman Michael Berry and defeated by the following roll -call vote: Aye: Berry, Ferguson, and Martin Nay: Brown, Crane, Harvey, Schnitzler, and Vogel A motion was then made by Councilman Jonathon Schnitzler for adoption of RS2004 -19, seconded by Councilman Edith Vogel and approved with Councilman Dean Martin voting "Nay. Mayor John Landwehr asked Assistant to the City Administrator Melva Fast to invite someone from the Missouri Department of Transportation to come to a future Council meeting and be prepared to answer questions brought up tonight by Council members. 17 SCHEDULED REPORTS REGULAR COUNCIL MEETING MARCH 21, 2005 There were no reports schedule for this time. NEW BUSINESS Schedule Meeting of City Council Annexation Committee (179 Corridor) - Following discussion, the meeting was set for Wednesday, April 7 at 5:30 P.M. UNFINISHED BUSINESS City Administrator Rich Mays gave a brief report of the March 16 bus tour taken of the Hwy. 179 corridor. 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: Personnel [Sec. 610.021(3)] Litigation [Sec. 610.021.(1)] A motion was made by Councilman Mike Harvey to go into Closed Session, seconded by Councilman Brian Crane, and approved unanimously by the following roll -call vote at 8:15 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Schnitzler, and Vogel Nay: None