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HomeMy Public PortalAbout20050620REGULAR COUNCIL MEETING JUNE 20, 2005 CALL TO ORDER 1 The Regular Council Meeting of June 20, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kenneth Ferguson, 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, Pope, Schnitzler, and Vogel Absent: Martin A quorum was declared present. PUBLIC HEARINGS Rezoning 1414 W. Main Street from RS -3 and RA -2 to PUD, and Associated Comprehensive Plan Amendment - City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed rezoning, and answered questions asked by the Council on the proposed development. Following staff testimony, the following citizens requested to speak on the issue. In favor: Mr. Dick Otke, 621 S. Eagle Trace, made a presentation with visual drawings to show the proposed development. He answered questions asked by the Council. In opposition: No one present spoke in opposition to the proposed rezoning. MayorJohn Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the pending bill (2005 -17) associated with this issue. Bill 2005 -17, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING JUNE 20, 2005 2 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 14.69 ACRES; INCLUDING 11.9 ACRES FROM RS -3 SINGLE - FAMILY RESIDENTIAL AND 2.8 ACRES FROM RA -2 MULTI - FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR THE PROPERTY ADDRESSED AS 1414 WEST MAIN STREET, LOCATED IN PART OF THE SOUTHEAST QUARTER OF SECTION 1, 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 -17 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13887: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Rezoning 0.35 Acres Located at 2320 E. McCarty Street from RS -2 to C -2 (Brown) - City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed rezoning, and answered questions asked by the Council on the proposed development. Following staff testimony, the following citizens requested to speak on the issue. In favor: Mr. Mike Bates distributed a map showing the location of the proposed rezoning and explained the rezoning request. He answered questions asked by the Council. In opposition: No one present asked to speak in opposition to the proposed rezoning. MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the pending bill (2005 -18) associated with this issue. Bill 2005 -18, 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 0.35 ACRES OF A 1.6 ACRE TRACT FROM RS -2 SINGLE FAMILY RESIDENTIAL TO C -2 GENERAL COMMERCIAL FOR PROPERTY ADDRESSED AS 2320 EAST MCCARTY STREET, LOCATED IN SECTION 15, TOWNSHIP 44 NORTH, RANGE 11, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -18 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING JUNE 20, 2005 3 following roll -call vote as Ordinance 13888: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Revised Preliminary PUD Plan for 925 South Country Club Drive - City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed PUD plan and answered questions asked by the Council on the proposed development. Following staff presentation, no one requested to speak in favor of, or opposition to, the proposed plan. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded at this time, and stated the Council will now take up the associated pending bill (2005 -19). Bill 2005 -19, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A REVISED PRELIMINARY PUD SITE PLAN FOR A 2.8 ACRE TRACT ADDRESSED AS 925 SOUTH COUNTRY CLUB DRIVE, LOCATED IN SECTION 8, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -19 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13889: Aye: Berry, Crane, Ferguson, Harvey, Layton, Schnitzler, and Vogel Nay: Brown and Pope 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. Parks & Recreation Commission, April 11, 2005 b. Public Works & Planning Committee, April 18, 21, and 29, 2005 c. Planning & Zoning Commission, April 14 and May 12, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS REGULAR COUNCIL MEETING JUNE 20, 2005 4 Proclamation - Amateur Radio Week. Mayor John Landwehr read the proclamation and asked Councilman Kevin Brown to explain a little bit about the Amateur Radio organization in Jefferson City. Councilman Brown introduced Mr. Tom Hammond from the local organization who was present to accept the proclamation. Councilman Brian Crane announced there will be an Ad Hoc JCTV Steering Committee tomorrow night (Tuesday, June 21) at 6:00 P.M. at City Hall. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval: a. Police Appointments I. Mark Goodson - Police Officer ii. Hervin Robinson - Police Officer iii. Robert Shearer - Police Officer Captain Robert Cynova introduced the three candidates who were present at the meeting. Following his introduction, a motion was made by Councilman Kenneth Ferguson for approval of the appointments as recommended, seconded by Councilman Kevin Brown and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Lisa Binkley 7911 Tanner Bridge Road, Coordinator (Citizens' Corps) & Mr. Bruce Ziebarth, 202 Hughes Street, Coordinator (Medical Reserve) made a joint presentation to introduce both Corps Organizations to the Community. They explained what function these volunteer organizations would serve in the event(s) of local emergencies and provided contact information in case citizens wish to become involved. Mr. Stephen Johnson, 904 Maplewood, Columbia, MO, Heritage Tourism Initiative, distributed information and made a presentation regarding the issue of stewardship of the Missouri River as a tourist attraction. He answered questions by the Council regarding participation in this initiative. Ms. Jill Johnson, 5312 Deer Ridge Road, Executive Director of the Convention & Visitors Bureau, joined Mr. Johnson in stating the importance of promoting the Missouri River and its heritage as a tourist attraction. She indicated that although no votes have officially been taken on the issue, she believes the CVB Board will wish to participate in this issue in its 2006 budget year. Following the last two presentations, Councilman Michael Berry requested that RS2005 -3 REGULAR COUNCIL MEETING JUNE 20, 2005 5 be moved forward at this time for consideration. RS2005 -3 Endorsing Missouri River Heritage Tourism Initiative (Harvey). Following discussion, Councilman Kevin Brown suggested that the funding effort should be through the CVB rather than the city. A motion was made by Councilman Michael Berry for adoption of the Resolution, seconded by Councilman Mike Harvey. Councilman Michael Berry then made a motion to amend the last WHEREAS clause of the resolution as follows: (added text in bold) WHEREAS, the City of Jefferson City, Missouri recognizes financial commitments through its Convention & Visitors Bureau may be necessary and any such financial support will be stipulated under terms agreed to by all parties in a separate, yet to be completed, contractual agreement with the Missouri River Communities Network, a 501 (c) 3 not - for - profit organization. Motion to amend was seconded by Councilman Mike Harvey and approved unanimously. The resolution was then adopted, as amended, unanimously by voice vote. PRESENTATIONS FROM THE GALLERY "! Mr. Jason Jordan, 104 E. Circle, owner of Mortimer Kegley's, made a presentation regarding Bill 2005 -22. He voiced his concerns with parts of the bill. His main concern was the fact that he believed the bill will make currently existing bars in the downtown area unmarketable if the owners decide to sell them. Following his presentation, a citizen who had not previously requested to make a presentation stated he wished to speak on this issue too. Mayor John Landwehr explained the Council's rules concerning presentations made from the gallery, and that to allow him to make a presentation would require suspension of those rules. A motion was made by Councilman Brian Crane that the Council suspend its rules to allow the citizen to make his presentation, seconded by Councilman Kenneth Ferguson and approved unanimously. Mr. John Britton, 2919 Schellridge Road West, made a presentation regarding Bill 2005 -30 (open containers). He stated he does not agree with the bill as it is currently written. Following Mr. Britton's presentation, another citizen who was present also requested to be allowed to make a presentation. A motion was made by Councilman Mike Harvey, seconded by Councilman Kenneth Ferguson, to suspend the Council's rules to allow the presentation, and approved unanimously. Mr. Frederick Townsend, 1708 Lucien Court, owner of Hollywood's Bar, made a presentation regarding Bill 2005 -22 and also stated his concerns with the bill. He does not agree with the bill as it is written. Following his presentation, several questions were asked by the Mayor and Council. REGULAR COUNCIL MEETING JUNE 20, 2005 6 COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kenneth Ferguson asked why the owner of Hollywood's had not been sent a copy of Bill 2005 -22 since it affected his business. City Administrator Rich Mays stated that several bar owners were sent drafts of the bill, but not all bar owners. Councilman Kevin Brown stated that language in the bill summary led the Council to believe that all the downtown bars had been notified. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: June 3 Brown Bag, June 6 Pre - Meeting and Regular Meeting, b. RENEWAL - Excess Worker's Compensation Insurance Item (a): A motion was made by Councilman Bryan Pope to approve Item (a) of the Consent Agenda subject to a correction to the Minutes of the June 6 Regular Meeting showing that he and Councilman Cindy Layton voted "Nay" on Bill 2005 -12. The motion was seconded by Councilman Edith Vogel and approved unanimously. Item (b): A motion was made by Councilman Edith Vogel for approval as presented, seconded by Councilman Kevin Brown and approved unanimously. BILLS INTRODUCED Bill 2005 -22, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, BY AMENDING ONE SECTION AND ADDING TWO NEW SECTIONS, ALL PERTAINING TO PREVENTING UNDESIRABLE PATTERNS OF CONDUCT WITHIN THE PREMISES SURROUNDING LIQUOR ESTABLISHMENTS. Councilman Edith Vogel made a motion to amend the bill as indicated in the amendment which was distributed with the Council Packets, seconded by Councilman Mike Harvey. Following discussion, Councilman Vogel withdrew her motion and Councilman Harvey withdrew his second. Councilman Kenneth Ferguson asked if it would be possible to put together a group of the affected businesses and then come back with a bill after allowing their input. Mayor John Landwehr urged the Council not to delay action on this issue as he believes there is a very serious problem in the downtown area which requires that the Council give staff some sort of tool to allow them to address the problem. Following further discussion, the Council determined it should hold a work session to discuss this topic further, a work session was scheduled for 5:30 P.M. on Thursday, July 7. Councilman Brian Crane requested that all bar owners be sent copies of Bill 2005 -22 and the amendment proposed by Councilmen Vogel and Harvey, so they REGULAR COUNCIL MEETING JUNE 20, 2005 7 can attend the work session. Bill 2005 -23, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, INC. FOR THE TWIN HILLS CULVERT REPLACEMENT PROJECT. Bill 2005 -24, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION FOR THE WEHMEYER DRIVE RELOCATION PROJECT. Bill 2005 -25, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION FOR STORMWATER IMPROVEMENTS ON HAVANA, HART, HAMLIN, BERRY, WEST MAIN, WEST HIGH, WEST MCCARTY, FRANKLIN, LAFAYETTE STREETS, AND THE JEFFERSON CITY MEMORIAL AIRPORT. Councilman Kevin Brown stated he wants to make sure a third -party agreement is nailed down before committing the funds on this project. Bill 2005 -26, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTH OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 25, IN TOWNSHIP 44, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -27, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3 -5 OF THE CODE, "CERTAIN SIGNS PROHIBITED ", BY ADDING TWO ADDITIONAL SECTIONS PERTAINING TO TEMPORARY EVENT SIGNS AND TEMPORARY EVENT BANNERS Bill 2005 -28, sponsored by Councilman Schnitzler, entitled: REGULAR COUNCIL MEETING JUNE 20, 2005 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF ALGOA ROAD. A motion was made by Councilman Jonathon Schnitzler to accept the Substitute Bill 2005 -28 which was distributed at the pre- meeting to correct a typo in the location of one of the speed zones, seconded by Councilman Kevin Brown and approved unanimously Bill 2005 -29, sponsored by Councilman Brown & *Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REDEMPTION OF THE SERIES 1996 PARKING SYSTEM REFUNDING REVENUE BONDS; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO THE PARKING FUND FY 2004 -2005 BUDGET OF $1,605,000 FOR THE REDEMPTION OF THE PRINCIPAL BONDS PLUS FEES OF $250 AND INTEREST FOR THE PERIOD OF AUGUST 1, 2005 TO AUGUST 8, 2005. *Councilman Bryan Pope requested that he be added as a sponsor to this bill. Bill 2005 -30, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY ADDING ONE SECTION TO CHAPTER 4 PERTAINING TO POSSESSION OF OPEN CONTAINERS OF ALCOHOL. Councilman Jonathon Schnitzler made a motion to accept the Substitute Bill 2005 -30 which was distributed to the Council prior to this meeting, seconded by Councilman Kevin Brown and approved unanimously. Bill 2005 -31, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN REAL ESTATE SURPLUS AND AUTHORIZING SALE OF THE PROPERTY. BILLS PENDING Bill 2005 -15, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 54 OF DEER PARK SUBDIVISION. Bill 2005 -15 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING JUNE 20, 2005 9 roll -call vote as Ordinance 13885: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -16, 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 2005 -16 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13886: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -20, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH & VAUGHAN CONSTRUCTION CO., INC. FOR MISCELLANEOUS RENOVATIONS AT THE JEFFERSON CITY POLICE DEPARTMENT. Bill 2005 -20 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13890: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -21, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 11 IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Councilman Ferguson requested that Bill 2005 -21 be placed on the Informal Calendar at this time. INFORMAL CALENDAR REGULAR COUNCIL MEETING JUNE 20, 2005 10 There were no items on the Informal Calendar for consideration at this time. RESOLUTIONS RS2005 -2 Authorizing Police Department to Apply for MoDOT Traffic Enforcement Grant (Brown) A motion was made by Councilman Michael Berry for adoption of RS2005 -2 as presented, seconded by Councilman Kevin Brown and approved unanimously. SCHEDULED REPORTS Councilman Kenneth Ferguson, Chairman of the Council Annexation Committee, gave a report on recent meetings and discussions held by Council regarding annexation issues associated with the Hwy. 179 corridor. The Council asked staff what would be the next logical step in this process. City Counselor Nathan Nickolaus explained that if staff begins working on a Plan of Intent now, it can be always amended along the way, but it is easier to remove things than it is to add them. He encouraged the Council to allow staff to at least begin putting together a draft Plan of Intent. A motion was made by Councilman Kenneth Ferguson that staff be directed to begin working on the Plan of Intent, seconded by Councilman Michael Berry and approved unanimously. NEW BUSINESS There was no New Business brought before the Council at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council 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: Real Estate [Sec. 610.021(2)] REGULAR COUNCIL MEETING JUNE 20, 2005 11 A motion was made by Councilman Kevin Brown to go into Closed Session, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote at8:45 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Pope, Schnitzler, and Vogel Nay: None