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HomeMy Public PortalAbout20050516REGULAR COUNCIL MEETING MAY 16, 2005 CALL TO ORDER The Regular Council Meeting of May 16, 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, Pope, Schnitzler, and Vogel Absent: None A quorum was declared present. PUBLIC HEARINGS TextAmendment Permitting Residential Use in a Non - Residential Building on Second Floor and Above in C -2 Zoning District. City Planner Janice McMillan made a presentation on behalf of staff explaining the proposed text amendment. Following her presentation, no one present requested to speak in favor of, or opposition to, the proposed amendment. There being no testimony further brought forward 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 -8. 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 -8 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13879: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING MAY 16, 2005 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. April 2005 Finance Reports b. Transportation & Traffic Commission, March 10, 2005 c. Public Works & Planning Committee, February 24 and March 18, 2005 d. Finance Committee, April 18, 2005 e. Board of Adjustment, April 12, 2005 f. Housing Authority Board of Commissioners, April 12, 2005 g. Historic Preservation Commission, April 12, 2005 h. Council Growth & Annexation Committee, April 7, 2005 Human Relations Commission, April 12, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Kevin Brown referred to a letter received from the Missouri Department of Transportation announcing a meeting regarding the Highway 50 project. The meeting will be held at Immaculate Conception campus on June 8 from 4:00 PM to 7:00 PM. Councilman Brown stated this is a very important issue and urged interested citizens to attend. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Jefferson City Police Department for Council approval: Police Appointments Julie Sparks - Police Officer Paul Gash - Police Officer REGULAR COUNCIL MEETING MAY 16, 2005 Greg Bestgen - Police Officer Following introduction of candidates Gash and Bestgen who were able to attend the meeting, a motion was made by Councilman Kevin Brown for approval of all the appointments as recommended, seconded by Councilman Kenneth Ferguson and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mayor John Landwehr announced that due to a sudden family illness, the presentation by Mr. Jim Hulse regarding "Grow on 50" has been postponed. Ms. Datha Damron - Martinez made a report on the recently concluded survey conducted by her Lincoln University marketing and business students. She briefly highlighted areas of interest to the Council and distributed copies of the survey so they could read it in more detail at their convenience. She indicated she looked forward to being able to conduct similar surveys for the City as well as other public entities in the future. Following her presentation, Mayor John Landwehr, several City Council Members, and City Administrator Rich Mays all thanked Ms. Martinez and her students for this valuable service. Ms. Carla Steck made a power point presentation regarding what she believed are the benefits of Cultural Tourism to a community. She shared photos from past "Arts in the Parks" projects in which the city participated. She asked the Council to consider investing in future projects to develop the community into a cultural attraction for tourism. PRESENTATIONS FROM THE GALLERY Mr. John Orear made a presentation regarding teenage violence in the city. He informed the Council of an incident which occurred on May 13 involving violence perpetrated by a large group of teenagers in a business parking lot against his son. He stated the perpetrators smashed out the driver's window and were reaching through the window to assault his son when the police arrived and broke up the attack. He stated he believes such occurrences are becoming more frequent and that something needs to be done to address the issue before someone is seriously hurt or killed. Following his presentation, the Council asked questions of Mr. Orear's son who was also present. Mr. Dan Massie, 1210 Linden Drive, Apt. 4, made a presentation regarding what he believed is lack of proper maintenance at the Housing Authority facility where he lives. He recounted problems with insects and various other maintenance problems. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Brian Crane asked if there are any loitering laws on the books pertaining to REGULAR COUNCIL MEETING MAY 16, 2005 business parking lots, and asked for some kind of report from the Police Department on the sort of activity which Mr. Orear spoke about. Mayor John Landwehr asked that the City Clerk place a report on the June 6 agenda. Several comments were made by the Council regarding this issue, and several Council Members expressed concern that this should not go unaddressed. Mayor John Landwehr asked City Administrator Rich Mays to see that Mr. Massie's concerns are relayed to Mr. Alan Pollock, Director of the Housing Authority. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: April 29 Brown Bag, May 2 Pre - Meeting and Regular Meetings; May 4 Special Meeting A motion was made by Councilman Brian Crane for approval of the Consent Agenda as presented, seconded by Councilman Dean Martin, and approved unanimously. BILLS INTRODUCED Bill 2005 -12, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF CHERRY CREEK SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Several questions were asked of staff pertaining to this issue. Mayor John Landwehr encouraged Council Members who were not present when this development originated about a year ago to contact staff in the next couple of weeks to get answers to any questions they may have before they are asked to vote on the bill. Councilman Bryan Pope asked for an explanation regarding whether the detention basin would be a regional basin vs. just for this particular development. City Planner Janice McMillan explained the plans for a regional basin that will serve the whole area. Bill 2005 -13, 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 DR. NED HUG. Bill 2005 -14, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING MAY 16, 2005 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GIBBS, POOL, Turner, PC FOR WORKMEN'S COMPENSATION LEGAL SERVICES. BILLS PENDING 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 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13880: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -10, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REGARDING CONNECTIONS TO PUBLIC INFRASTRUCTURE. Bill 2005 -10 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13881: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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. Bill 2005 -11 was read third time by title and placed on final passage. Following discussion, of the bill, a motion was made by Councilman Jonathon Schnitzler to accept the Substitute Bill which was distributed by City Counselor Nathan Nickolaus prior to this meeting, seconded by Councilman Kenneth Ferguson. Following further discussion, a motion was made by Councilman Kevin Brown to amend the substitute bill contained in the REGULAR COUNCIL MEETING MAY 16, 2005 "Amendment to Bill 2005 -11" which he distributed to the Council. He explained that the amendment will change proposed Sections 34 -67 and 34 -68 to require that public hearings of applicants shall take place before the Traffic and Transportation Commission rather than the Director of Community Development. The motion to amend was seconded by Councilman Michael Berry, and approved unanimously. The substitute Bill 2005 -11, as amended, was then accepted unanimously. Bill 2005 -11 was then passed, as substituted and amended, by the following roll -call vote as Ordinance 13882: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Mayor John Landwehr resumed the Chair at this time. INFORMAL CALENDAR There were no items on the Informal Calendar for consideration at this time. RESOLUTIONS There were no resolutions brought before the Council at this time. SCHEDULED REPORTS No reports were scheduled to be made at this time. NEW BUSINESS Schedule Finance Committee Meeting - The meeting was scheduled for 5:30 P.M. on Monday, June 13, 2005. Schedule 179 Corridor Annexation Public Forum and City Council Work Session - The date was set for Monday, May 23, 2005 at 5:30 P.M. If the public forum takes more time than anticipated, a "backup" date of 5:30 P.M. on Thursday, June 2 for the City Council work session portion of the meeting if needed. Councilman Edith Vogel relayed condolences on behalf of the City Council to Mr. Dennis Horn of the Jefferson City Fire Department on the recent loss of his father. REGULAR COUNCIL MEETING MAY 16, 2005 Councilman Kenneth Ferguson asked about the status of the burn ban ordinance. Councilman Dean Martin reported that he would like the latest working draft to be distributed to the Council so that they have a chance to study it before a public forum is scheduled. Councilman Brian Crane asked if the Council Rules Committee could be re- established as there are some issues he felt the committee could look at. Mayor John Landwehr indicated he would be happy to reappoint Councilmen Crane, Brown, and Harvey to serve on this committee again. UNFINISHED BUSIN ESS There was no unfinished business brought before the Council at this time. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Jonathon Schnitzler for adjournment, seconded by Councilman Kenneth Ferguson, and approved unanimously at 8:10 P.M.