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HomeMy Public PortalAbout20050718REGULAR COUNCIL MEETING JULY 18, 2005 CALL TO ORDER 1 The Regular Council Meeting of July 18, 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: Brown, Crane, Ferguson, Harvey, Layton, Martin Pope, Schnitzler, and Vogel Absent: *Berry (arrived at 6:15 PM) A quorum was declared present. Mayor John Landwehr announced that based on discussions at the pre- meeting held immediately prior to this meeting, that both Bills 2005 -22 and 2005 -30 will remain on the Informal Calendar. PUBLIC HEARINGS Rezoning and Associated Comprehensive Plan Amendment for the 1800 Block of Cedar Hill Road - 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. Following staff testimony, no one came forward to speak in favor of, or 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 -34) associated with this issue. Bill 2005 -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 FROM RS -2 SINGLE FAMILY RESIDENTIAL TO RD MEDIUM REGULAR COUNCIL MEETING JULY 18, 2005 2 DENSITY RESIDENTIAL, FOR PROPERTY LOCATED IN THE 1800 BLOCK OF CEDAR HILL ROAD, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -34 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13901: Aye: Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Preliminary PUD Plan for 1850 Route C - 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 PUD plan. Following staff testimony, and questions of staff by City Council members, no one came forward to speak in favor of, or opposition to, the proposed PUD plan. MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the pending bill (2005 -35) associated with this issue. Bill 2005 -35, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR A 3.1 ACRE TRACT ADDRESSED AS 1850 ROUTE C HIGHWAY, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -35 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13902: Aye: Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Preliminary and Final PUD Plan for 1745 E. Elm Street - City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed PUD plan. Following staff testimony, no one came forward to speak in favor of, or opposition to, the proposed PUD plan. MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the pending bill (2005 -36) associated with this issue. Bill 2005 -36, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING JULY 18, 2005 3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA2.39ACRE TRACT ADDRESSED AS 1745 EAST ELM STREET, LOCATED IN PART OF OUTLOT NO. 75, IN TOWNSHIP 44 NORTH, RANGE 11 WEST, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -36 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13903: Aye: Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None *Councilman Michael Berry arrived at this point in the meeting. Special Exception Use Permit for 2301 Green Meadow Drive - City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed special exception. Following staff testimony, no one came forward to speak in favor of, or opposition to, the proposed special exception. MayorJohn Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council will now take up the pending bill (2005 -37) associated with this issue. Bill 2005 -37, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR OPEN LAND, INCLUDING PRIVATELY HELD OPEN SPACE AND NATURAL OR CONSERVATION AREAS FOR 88.4 ACRES OF LAND LOCATED AT 2301 GREEN MEADOW DRIVE, DESCRIBED AS RESERVE TRACT A, RIVERS EDGE ESTATES, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -37 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13904: Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: Layton MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been REGULAR COUNCIL MEETING JULY 18, 2005 4 received and are on file and may be reviewed in the City Clerk's office: a. Parks & Recreation Commission, June 13, 2005 b. Board of Adjustment, May 10, 2005 c. Transportation & Traffic Commission, June 9, 2005 d. Public Works & Planning Committee, May 19, 2005 e. Economic Development Advisory Board, April 20, 2005 f. Historic Preservation Commission, May 10, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Dean Martin announced a Special Council Work Session Thursday, July 21 at 7:00 PM in the City Council Chambers to discuss the proposed ordinance regarding the open burning of trash. There will be a time set aside for public input at that meeting. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Marc Ellinger and Margaret Conroy of the Missouri River Regional Library, made a presentation regarding the status of proposed new library building. Mr. Ellinger reported that at the conclusion of the consultants' recommendations, the Library Board has determined the best location for the proposed site is the Prison Redevelopment Area inside the recently vacated Jefferson City Correctional Center (JCCC). The Board hopes to place the issue on the April, 2006 ballot. He announced that on July 26 there will be meetings held to gather input from the public on the proposed project and encouraged anyone interested to attend. PRESENTATIONS FROM THE GALLERY Kas Mahfood, 308, 310, and 312 W. Dunklin, and Ron Brown, 510 Broadway, made a joint presentation regarding the issue of building regulations within the City. They were specifically concerned at the recent building of a metal building with creek gravel REGULAR COUNCIL MEETING JULY 18, 2005 5 landscaping adjacent to Mr. Brown's newly- renovated building. They encouraged the City to look at the issue of ordinances which will allow neighborhoods to be protected from the construction of buildings that do not blend with the other buildings in their respective neighborhoods. Ms. Mahfood and Mr. Brown both answered several questions by Council Members. Mr. Dan Massie made a presentation regarding recent article in a magazine dedicated to public transportation. He stated that Jefferson City's Transit Division was highlighted in a recent issue and he thought it was important that the public Transit system look at issues such as weekend hours and evening hours for its clients. Mayor John Landwehr reminded the public that there is currently a steering committee looking at such issues, and encouraged citizens to attend those meetings to make their concerns known. COUNCIL COMMENTS IN, RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Dean Martin made comments regarding the local library system, and stated he believes our library is very important to the community and commended the Library Board for its work. Councilman Michael Berry thanked the people who have come and asked the city to do something about building regulations which he believes will spur economic development in the city. He stated the Council does need to address this issue and that they should begin looking at it immediately. Councilman Bryan Pope stated that in addressing the issue of building regulations, the city needs to address policies and not personalities. While he agrees that the city may need establish policies concerning building regulations, they must remember that the owner still has personal property rights and that the elements such as taste cannot be regulated. Mayor John Landwehr suggested staff come back with some different options that the council can look at and have some choices to consider. He asked the Council and staff to be thinking about the process they would like to use to get the issue before the Council, and asked the City Clerk to place the issue on the August 1 Council agenda under Unfinished Business to continue discussing it. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: July 1 Brown Bag, July 5 Pre - Meeting and Regular Meeting Bid 2121 (RENEWAL - Year 2), Uniform Rental, All City - (Held over from 7/5 REGULAR COUNCIL MEETING JULY 18, 2005 6 meeting) A motion was made by Councilman Kevin Brown for approval of the Consent Agenda as presented, seconded by Councilman Mike Harvey and approved unanimously. BIDS OVER $25,000 a. Bid 2160 - (RENEWAL Year 2) - Concrete and Concrete Products, All City (Sent to Council 6 -30) b. Bid 2224 - Scott Air Pack Upgrade, Fire Dept. (Sent to Council 7 -8) A motion was made by Councilman Dean Martin for approval of the bids as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2005 -39, 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 PROPERTY LOCATED AT 802 WEST STADIUM BOULEVARD, THE 700 -900 BLOCKS OF SCHEPKER LANE AND SOUTH TEN MILE DRIVE TO C -2 GENERAL COMMERCIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2005 -39 which was distributed to the Council, seconded by Councilman Jonathon Schnitzler and approved unanimously. Bill 2005 -40, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENTWITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2005 -41, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE MASTER SITE LEASE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION AT THE JEFFERSON CITY MEMORIAL AIRPORT. REGULAR COUNCIL MEETING JULY 18, 2005 7 BILLS PENDING Bill 2005 -32, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A PORTION OF A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 4, GRAYS CREEK VALLEY ACRES SUBDIVISION, SECTION 2. Bill 2005 -32 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13899: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -33, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONSOLIDATED SERVICES, INC. FOR SANITARY SEWER UNDERGROUND UTILITY LOCATION SERVICES. Bill 2005 -33 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13900: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -38, sponsored by Councilman Layton and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 315 OF THE CITY CODE PERTAINING TO VEHICLE LOADS Councilman Cindy Layton requested that Bill 2005 -38 be placed on the Informal Calendar at this time. INFORMAL CALENDAR Bill 2005 -21, sponsored by Councilman Ferguson, entitled: REGULAR COUNCIL MEETING JULY 18, 2005 8 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 Kenneth Ferguson requested that Bill 2005 -21 remain on the Informal Calendar at this time. 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 Jonathon Schnitzler requested that Bill 2005 -22 remain on the Informal Calendar at this time. At the request of some Council Members, Mayor John Landwehr asked that staff compile all proposed substitutes and /or amendments to both this bill and 2005 -30 and distribute them in the Friday, July 22 Council packet. 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 requested that Bill 2005 -30 remain on the Informal Calendar at this time. SCHEDULED REPORTS There were no reports scheduled to be given at this time, but Mayor John Landwehr asked if it would be possible to get status reports both the issues of JCTV and animal control in the nearfuture. Councilman Crane and Councilman Harvey, Chairmen of those committees, both stated they could make a report at the August 1 Council Meeting. REGULAR COUNCIL MEETING JULY 18, 2005 APPROVAL OF CLOSED SESSION MINUTES 9 Minutes of the July 5, 2005, Closed Session: A motion was made by Councilman Jonathon Schnitzler to approve the minutes as presented, seconded by Councilman Kevin Brown, and approved unanimously NEW BUSINESS There was no New Business brought before the Council at this time. UNFINISH ED BUSINESS 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 Michael Berry for adjournment, seconded by Councilman Bryan Pope, and approved unanimously at 7:50 P.M.