Loading...
HomeMy Public PortalAbout20050919REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 1 CALL TO ORDER The Regular Council Meeting of September 19, 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, Martin, Pope, and Vogel Absent: Schnitzler A quorum was declared present. PUBLIC HEARINGS a) Zoning Plan for 2618 and 2700 Briarwood Drive City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed Zoning Plan. Following staff testimony, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the vote on the associated pending bill: Bill 2005 -68, 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 SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 15 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. REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 2 Bill 2005 -68 was read third time and placed on final passage. A motion was made by Councilman Edith Vogel to accept the Substitute Bill 2005 -68 previously distributed to the Council, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2005 -68 was then passed, as substituted, by the following roll -call vote as Ordinance 13936: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Nay: None (b) Zoning Plan for 2619 West Edgewood Drive City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed Zoning Plan. Following staff testimony, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the vote on the associated pending bill: Bill 2005 -69, 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 SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 10, 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 -69 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13937: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Nay: None (c) Zoning Plan for 2614 Briarwood Drive City Planner Janice McMillan made a presentation on behalf of staff explaining the background of the proposed Zoning Plan. Following staff testimony, no one came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the vote on the associated pending bill: REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 3 Bill 2005 -70, 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 SOUTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTIONS 15 AND 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 -70 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept the substitute Bill 2005 -70 which was previously distributed to the Council, seconded by Councilman Dean Martin, and approved unanimously. Bill 2005 -70 was then passed, as substituted, by the following roll -call vote as Ordinance 13938: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, 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. Transportation & Traffic Commission, July 7, 2005 b. Public works & Planning Committee, August 12, 2005 c. CAMPO Technical Committee, August 4, 2005 d. Housing Authority Board of Commissioners, July 21, 2005 e. August, 2005 Finance Reports f. Planning &Zoning Commission, August 11, 2005 g. Board of Adjustment, August 9, 2005 h. Historic Preservation Commission, August 9, 2005 I. Parks & Recreation Commission, August 8, 2005 j. Plumbing board of Review & Examiners, June 23, 2005 COUNCIL LIAISON REPORTS No liaison reports were given at this time. REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 4 ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Kevin Brown announced a Finance Committee meeting will be held tomorrow night, September 20, at 5:30 P.M. to finalize the budget. Assistant to the City Administrator Melva Fast announced the Old Munichberg Octoberfest will be held next weekend, September 24 from 11:00 A.M. to 4:00 P.M. Councilman Dean Martin announced an open house to discuss transit issues tomorrow night, September 20, from 4:00 P.M. to 6:00 P.M. Councilman Dean Martin announced that an Environmental Quality Commission Workshop will be held Thursday night, September 22, at 7:00 P.M. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Rob Kraus, Glen Stratman, and Greg Fitzpatrick, members of the Jefferson City Evening Lions Club, made a presentation of a check to Mr. Richard Turner, Transit Division Director, to fund the local match for four new bus shelters. Mayor John Landwehr thanked the Lions Club for this very important contribution to the community. Ms. Mary Winter, Mr. Ron Medin, and Mr. Mark Saucier from a newly established local organization called "Jefferson City Helps" to explain the organization's wish to "adopt" the city of Waveland, Mississippi in the aftermath of Hurricane Katrina. They explained that the extent of devastation to that city of 7,000 included the loss of every structure in the town. She said the organization would like to get our City Council's endorsement and recognition of their organization's efforts by the adoption of Resolution RS2005 -6 which was just added, at their request to Mayor John Landwehr, to the agenda at tonight's pre- meeting. Mayor John Landwehr stated he has spoken to City Counselor Nathan Nickolaus about the appropriate extent to which the City can become involved in accordance with the City Charter. Following the presentation, Councilman Michael Berry requested that the Resolution be moved up on the agenda for consideration at this time. There were no objections to his request. Resolution RS2005 -6 was then taken up for consideration. A motion was made by Councilman Edith Vogel for adoption of the Resolution as presented, seconded by Councilman Michael Berry, and approved unanimously. Mr. Charlie Brzuchalski made a presentation on behalf of the Missouri Office of Administration regarding the state's request that the Council waive the lien on property located on East Capitol Avenue. Following his presentation, several questions were asked by the Council. REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 5 Mayor John Landwehr noted there were some Boy Scouts present at tonight's meeting and asked them to stand and introduce their Troop. Members of Troop 11 from First Baptist Church, and Troop 12, St. Martin's, MO. The boys were welcomed by the Mayor and City Council. PRESENTATIONS FROM THE GALLERY Ms. Allegra Harrison, Ms. Rita Connell, Ms. Berta Hoeffler, and Ms. Donna Medley, members of the local Daughters of the American Revolution were present to accept a proclamation in honor of Constitution Week from Mayor John Landwehr. The ladies then distributed U.S. Constitution bookmarks for Council members to distribute, and indicated they try to provide these to fourth graders every year, and this year they have distributed several thousand. At this time, Mayor John Landwehr announced that the emergency sirens were sounding in the city and stated the Council would recess until it is determined what the emergency is. The time of recess was 6:50. The meeting reconvened at 7:00 P.M. and resumed with the following Council members present: Present: Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Absent: * *Berry (returned at 7:15) and Schnitzler Ms. Michelle Holloway, 327 Kent, stated she is a resident of Water District #1 and encouraged the City Council to pass Bill 2005 -62 requiring the fluoridation of water. She stated when she learned her water supplier was no longer fluoridating their water, she began purchasing fluoride supplements for her children to compensate. Dr. Natalie Tungsevik, 3555 Antietam, made a presentation in favor of Bill 2005 -62 which pertains to the fluoridation of city water. She stated she is a resident of Water District #1 which was affected by the cessation of fluoridation of that district's water two years ago. Dr. Sarah Gordon, 2349 Hatting Place, made a presentation on behalf of thirteen pediatricians in favor of Bill 2005 -62. She stated her concern that the medical and dental providers in the community were not notified of Water District #1's decision to stop fluoridating its water to allow them to prescribe fluoride supplements to their patients affected by this decision. REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 6 Mr. David Kempf, General Manager of Public Water District #1, made a presentation and asked the City Council to consider making the effective date of Bill 2005 -62 January 1, 2006, to allow more time for their company to comply. The Council asked several questions of Mr. Kempf regarding his company's decision regarding fluoride. Councilman Dean Martin asked if the Council could receive a copy of the company's questionnaire sent out by the company to poll its customers regarding the issue, to which Mr. Kempf answered he would provide them a copy. * *Councilman Michael Berry returned to the meeting at this point (7:15 P.M.) Mr. Clyde Angle, 3618 W. Gordon, made a presentation in support of Bills 2005 -62 and 2005 -66. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made by the Council at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: Sept. 2 Brown Bag, September 6 Pre - Meeting and Regular Meeting Waiver of Special Tax Bill c. Bid 2096 - (RENEWAL, Year 3) Purchase of Uniforms, Fire Dept. RENEWAL - Lease Agreement with Nicks Family Restaurant at the Jefferson City Memorial Airport Councilman Kevin Brown requested that item (b) be removed for separate consideration. Items (a), (c), and (d): A motion was made by Councilman Edith Vogel for approval of Items (a), (c), and (d) of the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously. Item (b): Following discussion, a motion was made by Councilman Dean Martin requesting that Charlie Brzuchalski approach the property owner to negotiate the best possible situation, which would involve the least amount of money possible going to the property owner as a result of the sale. The motion was seconded by Councilman Edith Vogel and approved unanimously. City Administrator Rich Mays suggested that Assistant to the City Administrator Melva Fast be the staff liaison to work with Mr. Brzuchalski on this issue. REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 7 BILLS INTRODUCED Bill 2005 -72, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ON LOT B OF THE REPLAT OF FOX RIDGE SUBDIVISION. Bill 2005 -73, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS FOR RELOCATION OF A 6" WATER MAIN TO ACCOMMODATE THE WEHMEYER ROAD CONSTRUCTION. Bill 2005 -74, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING SUPPLEMENTAL APPROPRIATION FUNDS, AMENDING THE 2004 -2005 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2005 -75, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF EAST MCCARTY STREET. Bill 2005 -76, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON A PORTION OF SOUTH COUNTRY CLUB DRIVE. Bill 2005 -77, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -78, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 8 THE STREET NOW KNOWN AS IKON DRIVE TO MODERN DRIVE. Bill 2005 -79, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR EXPANSION OF THE RETAIL DEPARTMENT STORE INTO A SUPERSTORE /BIG BOX RETAIL DEVELOPMENT FOR 13.4 ACRES OF LAND LOCATED AT 735 WEST STADIUM BOULEVARD, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -80, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH TARGET, INC.. Bill 2005 -81, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTOA PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2005 -82, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTOA PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. BILLS PENDING Bill 2005 -62, sponsored by Councilman Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 15 (HEALTH AND SANITATION), ARTICLE I (GENERALLY), SECTION 15 -1 REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 9 (FLUORIDATION OF WATER SUPPLY) OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO REGULATION OF THE CITY'S WATER SUPPLY. Bill 2005 -62 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13934: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Nay: None Bill 2005 -66, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A GRANT BETWEEN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE JEFFERSON CITY HUMAN RELATIONS COMMISSION, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION. Bill 2005 -66 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13935: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Nay: None Bill 2005 -71, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT TO FURNISH JOINT COMMUNICATIONS SERVICES TO COLE COUNTY. Bill 2005 -71 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13939: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel Nay: None INFORMAL CALENDAR Bill 2005 -61, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2005, TO OCTOBER 31, 2006, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilman Kevin Brown requested that Bill 2005 -61 remain on the Informal Calendar at REGULAR COUNCIL MEETING SEPTEMBER 19, 2005 10 this time. RESOLUTIONS Resolution RS2005 -6 was adopted earlier in the meeting. SCHEDULED REPORTS No reports were scheduled to be given at this time. However, Mayor John Landwehr requested that City Clerk Phyllis Powell place on the October 3 agenda a report of the status of the code enforcement ordinance issue to be given by City Counselor Nathan Nickolaus. NEW BUSINESS There was no new business brought before the Council at this time. UNFINISHED BUSIN ESS There was no Unfinished Business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES September 6, 2005, Closed Session Minutes - A motion was made by Councilman Bryan Pope for approval as presented, seconded by Assistant Community Director Charles Lansford, and approved unanimously. ADJOURNMENT There being no further business brought before the Council at this time, a motion for adjournment was made by Councilman Kevin Brown, seconded by Councilman Edith Vogel, and approved unanimously at 8:20.