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Home My Public Portal About20050801REGULAR COUNCIL MEETING AUGUST 1, 2005 CALL TO ORDER 1 The Regular Council Meeting of August 1, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Cindy Layton, 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 116.24 Acres Located at 802 West Stadium Boulevard, 700 -900 Blocks of Schepker Lane and South Ten Mile Drive to C -2 and Endorsing an 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, the following persons came forward to speak on the issue: In Favor: Mr. Duane Schreimann appeared on behalf of the applicant and distributed maps and materials explaining the proposed rezoning. No one came forward to speak 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 Bills 2005 -21 (on the Informal Calendar) and Pending Bill 2005 -39, both of which are associated with this rezoning 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 REGULAR COUNCIL MEETING AUGUST 1, 2005 2 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 -39 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13906: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Councilman Kenneth Ferguson requested that Bill 2005 -21 be removed from the Informal Calendar at this time and placed on final passage. 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 SOUTH 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. Bill 2005 -21 was removed from the Informal Calendar, read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 13909: 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, June 9, 2005 b. Housing Authority Board of Commissioners, June 21, 2005 c. June, 2005 Finance Reports REGULAR COUNCIL MEETING AUGUST 1, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS 3 Councilman Edith Vogel made a brief report of city boards and commissions which currently have vacancies, or will have vacancies in the near future, and encouraged citizens interested in serving on those to obtain the volunteer form and file it with the city. She explained that Mayor John Landwehr has asked her to make a report every other month to let citizens know of vacancies, and thanked citizens who are currently contributing to the community by serving on those bodies. Councilman Brian Crane made a brief report on the JCTV Steering Committee which will be established by ordinance introduced tonight, and encouraged anyone interested in serving on that committee to also obtain the volunteer form to submit to the city. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Cathy Bordner, President of the Eastside Neighborhood Development Association, made a presentation regarding activities of their organization to draft an ordinance protecting their neighborhood by establishing building regulations. She and co- presenter, Ms. Carol Blaney, distributed a pamphlet explaining the goals of their organization and stated they will keep in touch with the city as they progress with ideas on a draft ordinance. PRESENTATIONS FROM THE GALLERY Mr. Jay Jordan, 2052 Honeysuckle Lane, owner of a business located at 111 East High Street, stated he wants to renovate the upper floors of his building on High Street so that he can get tenants to live in it. He stated his concerns with Bill 2005 -22 which he believed would be confusing since the lower level of his building would contain a bar, but the upper floors would contain residences, and the 50 -foot stipulation in that bill would be confusing in his situation. Mr. Jason Jordan, 104 East Circle, owner of Mortimer Kegley's at 115 East High Street, also made a presentation regarding Bill 2005 -22. He had several questions regarding the current proposed ordinances. Mayor John Landwehr stated he would ask City Counselor Nathan Nickolaus to make note of those questions and answer them under the next item on the agenda ( "Council Comments "). Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding policies regarding REGULAR COUNCIL MEETING AUGUST 1, 2005 4 euthanasia of pit bulls. He felt the City needs to have such policies in writing. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kenneth Ferguson asked City Counselor Nathan Nickolaus several questions regarding Bill 2005 -22. Mr. Nickolaus answered his questions, as well as those previously asked by Mr. Jordan. 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 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. ITEMS TAKEN UP OUT OF ORDER A motion was made by Councilman Jonathon Schnitzler to take up Bills 2005 -22 and 2005 -30 out of order at this time, seconded by Councilman Bryan Pope and approved unanimously. 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 be removed from the Informal Calendar at this time. Bill 2005 -22 was read third time by title and placed on final passage. remain on the Informal Calendar at this time. A motion was made by Councilman Jonathon Schnitzler to accept "Substitute #2, As Amended, Schnitzler version," which was previously distributed to the Council, seconded by Councilman Bryan Pope, and approved by the following roll -call vote: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel REGULAR COUNCIL MEETING AUGUST 1, 2005 5 Nay: Crane and Ferguson A motion was then made by Councilman Brian Crane to accept the "Crane Substitute" to Bill 2005 -22 at this time, and seconded by Councilman Kenneth Ferguson. Following a lengthy discussion, the motion was defeated by the following roll -call vote: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Crane, and Ferguson A motion was then made by Councilman Mike Harvey to amend Bill 2005 -22 as previously distributed to the Council with himself and Councilman Vogel as sponsors of the amendment. The motion was made by was Councilman Edith Vogel, and defeated by the following roll -call vote: Aye: Berry, Harvey, Layton, Pope, and Vogel Nay: Brown, Crane, Ferguson, Martin, and Schnitzler Following a lengthy discussion, Bill 2005 -22 was then passed, as substituted, by the following roll -call vote as Ordinance 13910: Aye: Berry, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Brown, Crane, and Ferguson 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 be removed from the Informal Calendar at this time. A motion was made by Councilman Brian Crane to amend Sec. 4- 22(a) by the addition of the language which shall follow in bold text: Section 4 -22 Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain public places. (a) It shall be unlawful for any person to possess any alcoholic beverage on any street, sidewalk or city parking facility unless such alcoholic beverage is in the original container and the seal is unbroken, except as permitted by state statute. The motion to amend was seconded by Councilman Dean Martin, and approved unanimously. Bill 2005 -30 was then passed, as amended, by the following roll -call vote as Ord. 13911: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: Crane and Ferguson REGULAR COUNCIL MEETING AUGUST 1, 2005 6 Mayor John Landwehr called a brief recess at this time (8:10 P.M.) The meeting reconvened at 8:10 P.M. with the following Council Members present: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin Pope, Schnitzler, and Vogel Absent: None BILLS INTRODUCED Bill 2005 -43, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF PUBLIC SAFETY FORA BYRNE FORMULA GRANT PROGRAM GRANT AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF FUNDS, AMENDING THE 2004 -2005 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2005 -44, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CREATING THE JEFFERSON CITY PUBLIC TELEVISION STEERING COMMITTEE Bill 2005 -45, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR BELMONT /BOONVILLE, BAGNALL, AND ERHARDT SANITARY SEWER EXTENSIONS AND BROOKS STREET SEWER AND STORMSEWER REPLACEMENT . Bill 2005 -46, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR A 0.47 ACRE TRACT ADDRESSED AS 2002 EAST MCCARTY STREET, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -47, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING AUGUST 1, 2005 7 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 0.10 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR PROPERTY ADDRESSED AS 628 CLARK AVENUE, LOCATED IN PART OF LOTS 106 AND 107 FAIRVIEW ADDITION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -48, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA 0.10 ACRE TRACT ADDRESSED AS 628 CLARK AVENUE, LOCATED IN PART OF LOTS 106 AND 107, FAIRVIEW ADDITION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -49, 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 HIGH DENSITY RESIDENTIAL TO RS -4 MEDIUM DENSITY DETACHED RESIDENTIAL, FOR PROPERTY LOCATED AT 1500 TO 1516 EDMONDS STREET, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -50, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF THE TRAILS OF KAUFFMAN HILLS, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -51, 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 10, 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. Bill 2005 -52, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING AUGUST 1, 2005 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING NORTHWEST OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 4, 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. Bill 2005 -53, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI. Bill 2005 -54, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2, SECTION 1 -115 PERTAINING TO FINANCIAL DISCLOSURE Bill 2005 -55, 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 0.56 OF AN ACRE LOCATED IN THE 3500 BLOCK OF CHAPEL HILL ROAD FROM —1 LIGHT INDUSTRIAL TO RA -2 HIGH DENSITY RESIDENTIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. BILLS PENDING 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 AGREEMENT WITH THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION. Bill 2005 -40 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13907: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel REGULAR COUNCIL MEETING AUGUST 1, 2005 9 Nay: None 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. Bill 2005 -41 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13908: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None INFORMAL CALENDAR 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 removed from the Informal Calendar at this time. Bill 2005 -38 was read third time by title and placed on final passage. A motion was made by Councilman Cindy Layton to accept Substitute #2 which was previously distributed to the Council, seconded by Councilman Kevin Brown, and approved unanimously Following a lengthy discussion, Bill 2005 -38 was then passed, as substituted, by the following roll -call vote as Ordinance 13912: Aye: Berry, Brown, Ferguson, Layton, Martin, and Pope Nay: Crane, Harvey, Schnitzler, and Vogel SCHEDULED REPORTS A brief report was given by Councilman Brian Crane to update the Council on recent meetings with Lincoln University to discuss the proposed steering committee which was introduced by ordinance at tonight's meeting. He stated Lincoln University has been very cooperative in working with them to see improvements in the public access cable television system. REGULAR COUNCIL MEETING AUGUST 1, 2005 10 Councilman Mike Harvey gave a brief report on the animal control committee. Mayor John Landwehr asked him to invited County Commissioners Jones and Forck to invite them to participate in future meetings as this is an issue they have been very interested in. NEW BUSINESS The Council discussed dates for Finance sub - committee budget meetings. At the conclusion of their discussion, the following meetings will be held at 6:00 P.M. in the Boone /Bancroft Room: August 9, 2005 Tuesday Development Sub - Committee August 11, 2005 Thursday Administration & Parks Sub - Committee Public Safety Sub - CommitteeAugust 10, 2005 Wednesday Carrar y August 16, 2005 Tuesday Administration & Parks Sub - Committee (If Necessary) August 17, 2005 WednesdayPublic Safety Sub - Committee (If Necessary) August 18, 2005 Thursday Community Development Sub - Committee (If Necessary) *August 22, 2005 Monday Entire Finance Committee (May Be Moved Up To Preceding Week) *This meeting is to approve the General Fund Budget & 2005 Property Tax Levy Rates. UNFINISHED BUSINESS There was no Unfinished Business brought forward 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)] A motion was made by Councilman Jonathon Schnitzler to go into Closed Session, seconded by REGULAR COUNCIL MEETING AUGUST 1, 2005 11 Councilman Michael Berry, and approved unanimously by the following roll -call vote at 9:10 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None