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HomeMy Public PortalAbout20050502REGULAR COUNCIL MEETING MAY 2, 2005 CALL TO ORDER The Regular Council Meeting of May 2, 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, Pope, Schnitzler, and Vogel Absent: None A quorum was declared present. PUBLIC HEARINGS Rezoning and Associated Comprehensive Plan Amendments for 5.94 Acres to be Accessed from the 1300 Block of Creek Trail Drive - City Planner Janice McMillan made a presentation detailing the background of the requested rezoning, and explained that the delay in the public hearing was due to an error in notice publication process by the newspaper. Following her presentation, the following persons from the public spoke on the issue: In favor: Mr. Larry Lewis, 1451 Briar Village Ct., developer and application for the rezoning. He stated he had previously made his presentation but would be happy to answer any questions that may arise tonight. Councilman Kevin Brown stated that the Council was just given copies of an email written by Ms. Joanna Perkins which was sent by a citizen who could not attend tonight's meeting but wished her remarks to be entered into the official record. Ms. McMillan was asked to go through the email and answer the questions asked by Ms. Perkins. Ms. McMillan stated that the email was received about 4:00 this afternoon, and that she had looked it over. She addressed the various issues in the email, which concerned blasting and water runoff associated with the development. In opposition: REGULAR COUNCIL MEETING MAY 2, 2005 Mr. Gary Dey, 1434 Inglenook Drive, stated he feels the plans being considered are different than the plans originally presented to the neighboring property owners. His main concerns were the removal of all trees for such developments, and stated he feels that once this particular property is developed, the city will be losing something it can never regain. A lengthy discussion and question and answer period was held following the public comments. The issues of water runoff, blasting, and trees were addressed by Janice McMillan and Fire Chief Robert Rennick. There being no further persons wishing to make comments at this time, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded. He stated the Council will now take up associated pending Bill 2005 -2. Bill 2005 -2, 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 RD ONE AND TWO FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL 5.94 ACRES TO BE ACCESSED FROM THE 1300 BLOCK OF CREEK TRAIL DRIVE LOCATED 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 2005 -2 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13872: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, 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. Planning & Zoning Commission, March 10, 2005 b. Mediacom Annual Report (bound reports to Mayor and Council only, copy for public viewing in City Clerk's office) c. Board of Adjustment March 8, 2005 Housing Authority Board of Commissioners, March 3, 2005 REGULAR COUNCIL MEETING MAY 2, 2005 COUNCIL LIAISON REPORTS Mayor John Landwehr stated that the Human Relations Commission recently held an event at which Councilman Kenneth Ferguson and other City Council Members were honored, and he congratulated Councilman Ferguson. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Proclamation - White Cane Week. Mayor John Landwehr read the proclamation and Ms. Rita Lynch was present to accept the proclamation, and thanked the Mayor and City Council. Proclamation - Military Appreciation Day. Mayor John Landwehr read the proclamation, and Mr. Mike Freeman and two other citizens were present to accept the proclamation. A representative of the Jaycees announced that a free concert and free admission for Military Appreciation Day will be featured at this year's Cole County Fair, and encouraged all citizens to let friends or family of those in the military know about the event. Proclamation - Foster Care Month. Following reading of the proclamation by Mayor John Landwehr, staff was asked to relay the proclamation to the proper agency. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced the following 2005 -2006 appointments of City Council members to Council committees and liaisons to boards and commissions: STANDING COMMITTEES Committees of the Whole: Finance Committee: All Ten Council Members— Brown (Chair), Ferguson (Vice - Chair) Public Works & Planning Committee: All Ten Council Members — Martin (Chair), Berry (Vice- Chair) 1st two sets of five: Environmental Services Committee (5 members -1 from each Ward): Berry, Harvey, Pope, Schnitzler, Layton Appointments Review Committee (5 members - 1 from each Ward): Brown, Crane, REGULAR COUNCIL MEETING MAY 2, 2005 Ferguson, Martin, Vogel 2nd two sets of five: Annexation & Growth Committee (5 members): Berry, Ferguson, Layton, Martin, and Schnitzler Conference / Convention Center Committee (5 members): Brown, Crane, Harvey, Pope, and Vogel AD HOC COMMITTEES Ad Hoc JCTV Committee: Crane, Brown, and Harvey COUNCIL LIAISONS TO CITY BOARDS & COMMISSIONS Appointed by Mayor Capital Area Metropolitan Planning Organization (CAMPO): Ferguson, Vogel, Schnitzler & Crane Convention & Visitor's Bureau (CVB): Layton Economic Development Advisory Board : Schnitzler Electrical & Plumbing Examiners & Review Boards: Harvey E -911 Committee: Brown Environmental Quality / Historic Preservation Commissions: Berry Human Relations Commission: Ferguson Industrial Authority & Tax Increment Finance: Harvey Lewis & Clark Task Force: Crane Parks & Recreation Commission: Vogel Site Development Review: Schnitzler Stormwater Advisory: Martin & Harvey (co- liaisons) Transportation & Traffic Commission: Schnitzler USS Jefferson City Submarine Committee: Pope Elected by Council Planning &Zoning Commission and Board of Adjustment: Brown with Martin as Alternate PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS REGULAR COUNCIL MEETING MAY 2, 2005 Mr. Rob Agee, 5501 Foxfire Ln., Lohman, Chairman of the CVB Board, made a presentation explaining the amendment requested to the CVB's budget which appears on the Consent Agenda tonight. He explained that two hotels who had originally intended to annex voluntarily into the city and begin paying the lodging tax have now indicated they do not wish to pay the tax. The budget would need to be adjusted accordingly, and he explained that the CVB does not anticipate a shortfall as a result since the projected revenue was budgeted for marketing and advertising type expenditures. He stated another hotel will be opening in the city on June 1 and that will also help make up for the amount being amended within the budget. PRESENTATIONS FROM THE GALLERY Ms. Reesha Archibald, 307 -B Tanner Bridge Ct., made a presentation to inform the Council of an incident which she believed to be racially motivated. The incident occurred on December 9, 2004 at the El Jimador Restaurant on Ellis Blvd., and involved what she believed was the collection of i.d.'s from only the African Americans patrons in the restaurant. Following her presentation, several questions were asked to clarify points about her presentation. The Mayor and Council advised Ms. Archibald that she may wish to contact the City's Human Relations Commission and C.U.R.E. as well, and thanked her for bringing the matter to their attention. Mr. Joe Wilson, 422 Oberman Place, made a presentation in support of Bill 2005 -5 and stated he felt it was a step in the right direction. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Several Councilmen made comments regarding both presentations. Councilman Edith Vogel stated she wished to apologize to Ms. Archibald and her friends for the event she brought to their attention. Councilman Mike Harvey made comments regarding Mr. Wilson's presentation and asked if anyone else has ideas about the animal program started by Mr. Wilson. He felt it could be reinstituted with better oversight. Mayor John Landwehr asked Councilman Harvey if he would be willing to serve on an ad hoc animal control committee to look at the issue and perhaps give a report at the next Council meeting. Councilman Harvey said he would be willing to serve on such a committee, as well as Councilman Edith Vogel and Councilman Kevin Brown. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: REGULAR COUNCIL MEETING MAY 2, 2005 a. Minutes of Council Meetings: April 15 Brown Bag, April 18 Pre - Meeting and Regular Meetings b. Authorizing Amendment to CVB Budget A motion was made by Councilman Michael Berry for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson and approved unanimously. BILLS INTRODUCED Bill 2005 -8, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE TEXT; SPECIFICALLY EXHIBIT 35 -28, LAND USE MATRIX, SECTION 1.A.8, AUTHORIZING THE RESIDENTIAL USE IN A NON - RESIDENTIAL BUILDING ON THE SECOND FLOOR OR ABOVE IN THE C -2 GENERAL COMMERCIAL DISTRICT. Bill 2005 -9, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT WITH R &B PROPERTIES. Bill 2005 -10, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REGARDING CONNECTIONS TO PUBLIC INFRASTRUCTURE. Bill 2005 -11, sponsored by Councilman Schnitzler and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE V, IN REGARDS TO OPERATION OF TAXICAB BUSINESSES, TAXICAB PERMITS AND REGULATIONS, AND RATES CHARGEABLE BY TAXICABS. Mayor John Landwehr turned the Chair over to President Pro Tempore Edith Vogel for discussion of this bill due to a conflict of interest. BILLS PENDING Bill 2005 -1, sponsored by Councilman Martin, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWERAGE SYSTEM REVENUE BONDS (STATE REVOLVING FUND PROGRAM) SERIES 2005A OF THE CITY OF REGULAR COUNCIL MEETING MAY 2, 2005 JEFFERSON, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S SEWERAGE SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CITY TO FACILITATE AND PROTECT THEIR PAYMENT; AND AUTHORIZING A NO— INTEREST LOAN FROM THE WATER AND WASTEWATER LOAN REVOLVING FUND OR THE WATER AND WASTEWATER LOAN FUND OF THE STATE OF MISSOURI AND PRESCRIBING OTHER RELATED MATTERS. Mayor John Landwehr asked that staff provide periodic status reports at Council meetings to explain the status of the ongoing sewer projects. A motion was made by Councilman Dean Martin to accept Substitute #2 to Bill 2005 -1 which was previously distributed to the Council, seconded by Councilman Cindy Layton and approved unanimously. Following acceptance of the Substitute, Councilman Dean Martin requested that Bill 2005 -1 be placed on the Informal Calendar at this time so that it can be voted on at the May 4 Special Council meeting. Bill 2005 -3, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC COMPANY FOR THE DOWNTOWN STREET LIGHTING PROJECT. Bill 2005 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13873: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -4, sponsored by Councilmen Ferguson and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALFORD TREE SERVICE FOR WOODLAND /FAIRVIEW CEMETERY TREE REMOVAL AND TRIMMING. Bill 2005 -4 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13874: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -5, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 REGULAR COUNCIL MEETING MAY 2, 2005 OF THE CITY CODE, SECTION 5 -22, PERTAINING TO REIMBURSEMENT FOR SPAYING, NEUTERING, AND RABIES INOCULATION FOR ADOPTED ANIMALS Bill 2005 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13875: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -6, sponsored by Councilman Vogel, 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 PARKS AND RECREATION. Bill 2005 -13876 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance : Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -7, 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 2005 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13877: Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Brown INFORMAL CALENDAR There were no items on the Informal Calendar for consideration at this time. RESOLUTIONS REGULAR COUNCIL MEETING MAY 2, 2005 RS2005 -1 - Transportation Enhancement Funds Program Grant (Martin). Mayor John Landwehr asked Community Development Director Pat Sullivan to add the needs of Lincoln University to the transportation study which will be done in the near future. A motion was made by Councilman Mike Harvey for approval of RS2005 -1, seconded by Councilman Kevin Brown and approved unanimously. SCHEDULED REPORTS Councilman Brian Crane made a brief summary of status of the JCTV ad hoc committee, and that they should be able to present a final report at the June 6 Council meeting. Councilman Kenneth Ferguson stated that it seemed to him that KRCG -TV is focusing its news coverage on Columbia more than Jefferson City now, and that perhaps JCTV can pick up some of the slack of Jefferson City news coverage. NEW BUSINESS Councilman Edith Vogel referred to Ms. Archibald's presentation and stated that she thought the practice of holding i.d.'s at the counter was wrong and should not be permitted. Councilman Jonathon Schnitzlerasked questions regarding the use of spotlights as he has received numerous complaints from his constituents. Chalie Lansford, Assistant Director of Community Development, stated that there is an ordinance on the books prohibiting the use of spotlights for advertising purposes. Mayor John Landwehr stated if there is an ordinance on the books, it should be enforced and asked staff to notify any businesses who were in violation of the ordinance that they need to cease using spotlights for advertising purposes. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilman Michael Berry for adjournment, seconded by Councilman Cindy Layton and approved unanimously at 8:20 P.M.