HomeMy Public PortalAbout20051017REGULAR COUNCIL MEETING OCTOBER 17, 2005 1
CALL TO ORDER
The Regular Council Meeting of October 17, 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: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Absent: None
A quorum was declared present.
PUBLIC HEARINGS
a) Preliminary and Final PUD Plan for 1414 West Main Street
City Planner Janice McMillan made a presentation on behalf of staff explaining the
background of the proposed Final PUD Plan. Following staff testimony, the following
persons came forward to speak on the issue.
In favor:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, appeared
on behalf of the property owners and stated he would answer any questions if needed. No
questions were asked.
No one present requested to speak in opposition to the proposed Final PUD Plan.
MayorJohn Landwehr declared the evidentiary portion of the public hearing concluded, and
stated the Council will now vote on the associated pending Bill 2005 -84.
Bill 2005 -84, sponsored by Councilman Brown, entitled:
REGULAR COUNCIL MEETING OCTOBER 17, 2005 2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FORA 14.69 ACRE TRACT ADDRESSED AS 1414
WEST MAIN STREET, LOCATED ON PART OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE
COUNTY, MISSOURI.
Bill 2005 -84 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13952:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
b) Zoning of Annexation for 1241 Highway 179
City Planner Janice McMillan made a presentation on behalf of staff explaining the
background of the proposed zoning. Following staff testimony, no one came forward to
speak in favor of, or opposition to, the proposed zoning.
MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and
stated the Council will now vote on the associated pending Bill 2005 -85.
Bill 2005 -85, 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
NORTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON,
MISSOURI, LOCATED IN SECTION 28, IN TOWNSHIP 45 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 -85 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13953:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
c) Zoning of Voluntary Annexation for 2606, 2708 and 2712 Briarwood Drive
City Planner Janice McMillan made a presentation on behalf of staff explaining the
background of the proposed zoning. Following staff testimony, no one came forward to
REGULAR COUNCIL MEETING OCTOBER 17, 2005 3
speak in favor of, or opposition to, the proposed zoning.
MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and
stated the Council will now vote on the associated pending Bill 2005 -86.
Bill 2005 -86, 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
SOUTHERLY 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.
Bill 2005 -86 was read third time by title and placed on final passage. A motion was made
by Councilman Kenneth Ferguson that the Substitute Bill 2005 -86 previously distributed be
accepted, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2005 -86
was then passed, as substituted, by the following roll -call vote as Ordinance 13954:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
d) Zoning of Voluntary Annexation for 2607 West Edgewood Drive
City Planner Janice McMillan made a presentation on behalf of staff explaining the
background of the proposed zoning. Following staff testimony, no one came forward to
speak in favor of, or opposition to, the proposed zoning.
MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and
stated the Council will now vote on the associated pending Bill 2005 -87.
Bill 2005 -87, 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
SOUTHERLY 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 -87 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING OCTOBER 17, 2005 4
following roll -call vote as Ordinance 13955:
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. Transportation & Traffic Commission, September 8, 2005
b. CAMPO Technical Committee, September 1, 2005
c. Board of Adjustment, September 13, 2005
d. September 2005 Finance Reports
e. Historic Preservation Commission, September 13, 2005
f. Parks & Recreation Commission, September 12, 2005
g.
Council Growth & Annexation Committee, September 27, 2004; January 31,
February 15, and February 28, 2005
h. Human Relations Commission, September 13, 2005
COUNCIL LIAISON REPORTS
No liaison reports were given at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
Mayor John Landwehr stated that the Council would like to receive input from the public
regarding its expectations from a new City Administrator. He stated that the comments
received will be considered by the selection committee who are charged with interviewing
and recommending potential candidates. He stated citizens may send those comments by
mail, email, fax.
Mayor John Landwehr announced that the Conference / Convention Center Committee is
gearing up to begin meeting to discuss the issue of a conference / convention center. He
asked Councilman Mike Harvey to coordinate the meeting. Councilman Mike Harvey asked
the Council to look at their calendars and let him know a date which would work for them.
He indicated that even though there are five Council Members on that committee that he
would encourage as many Councilmen as possible to attend those meetings. The date
REGULAR COUNCIL MEETING OCTOBER 17, 2005 5
chosen for the meeting was Thursday, October 27 at 6:00 P.M. in the Police Department
Training Room. Mayor John Landwehr asked that the Conference / Convention Center
Committee take leadership of that meeting.
Councilman Kevin Brown reminded the Council that a Finance Committee meeting will be
held Monday, October 24, at 6:00 P.M.
Councilman Kenneth Ferguson announced that on Saturday, October 22, the Eastside
Neighborhood Development Association will be sponsoring a litter cleanup day from 9:00
A.M. to 11:00 A.M.
Councilman Kevin Brown announced the dedication of a new Rotarian Park on Thursday,
October 20 at noon. Mayor John Landwehr stated that there will be a park bench dedicated
to the memory of the late Councilman Bill Patterson in that park.
APPOINTMENTS BY THE MAYOR
There were no appointments made by the Mayor at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Jack Dillingham, Piper Jaffray, made a presentation to explain the sewer revenue
bonding process and interest rates.
Mr. Mark Johnson and Mr. Jim Vossen, 2011 Autumn Lane, and 826 Boonville Road,
respectively, made a presentation on behalf of six local banking institutions who are
currently working on a plan to offer low- interest loans to owners of older buildings on
commercial properties which would be used to fund improvements to those buildings.
PRESENTATIONS FROM THE GALLERY
Ms. Barbara Wolken, 2611 Jennifer Drive, made a presentation regarding the proposed
Highway 50 / City View Drive interchange. She stated that residents of the area in which
she lives would request the City, County, and Missouri Highway Department to consider
including a left turn lane which would give access to their neighborhood.
Mr. Jim Korsmeyer, 7904 Route W, made a presentation on behalf of the Eastside
Business Association endorsing the proposed eastside interchange which is being
introduced at tonight's meeting. He stated the businesses believe it would enhance safety
and economic development of the east side.
Mr. Roy Viessman, 300 Old Gibler Road, made a presentation to say farewell to City
Administrator Rich Mays who is moving away from Jefferson City to accept a new position
in Oregon. He thanked Mr. Mays for his contribution to the City as its City Administrator for
the last ten years.
REGULAR COUNCIL MEETING OCTOBER 17, 2005 6
Following the presentations, a member of the audience who had not previously signed up
to make a presentation spoke from the gallery and requested to make a presentation.
Mayor John Landwehr stated to do so would require approval of the Council, and that he
would entertain a motion to allow the presentation. A motion was made by Councilman
Kenneth Ferguson to allow the presentation, seconded by Councilman Jonathon Schnitzler,
and approved unanimously.
Mr. Steve Lepage, 6909 Route M, made a presentation in opposition to the proposed
Route 50 / City View Drive interchange and that he believed it to be an abuse of the use of
eminent domain. He stated he owns property which will be affected by the interchange and
that he will lose some acreage as a result of the project. He stated he believes if the State,
City, or County wished to do that project as strictly a State, City, or County project, he would
have no problem with it, but he believed that the project is being performed using a Wal-
Mart consultant for the purpose of enhancing that company's profits, and that he does not
believe that is an appropriate use of eminent domain.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Bryan Pope thanked Mr. Lepage for appearing and presenting his side of the
issue, and that he is one Councilman who is willing to listen to that side.
CONSENT AGENDA
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: September 29 Brown Bag, October 3 Pre -
Meeting and Regular Meeting
(RENEWAL - Year 2) Legislative Consultant Agreement with Thomas P.
Rackers Consulting, LLC
c. (RENEWAL - Year 2) Sole Source Procurement - Digital 911 system
Maintenance, Police Dept.
d. (RENEWAL) Property and Liability Insurance
Mayor John Landwehr stated that Councilman Kevin Brown has stated he wishes to recuse
himself from item (c) due to a conflict of interest, so the Council will vote on that item
individually.
(c): A motion was made by Councilman Kenneth Ferguson to approve item (c) of the
Consent Agenda as presented, seconded by Councilman Cindy Layton, and approved with
Councilman Kevin Brown abstaining.
(a), (b), and (d): A motion was made by Councilman Michael Berry to approve the these
three items of the Consent Agenda as presented, seconded by Councilman Kenneth
REGULAR COUNCIL MEETING OCTOBER 17, 2005 7
Ferguson, and approved unanimously.
BILLS INTRODUCED
Bill 2005 -95, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE
ADDITION OF PORTIONS OF LINN STREET.
Bill 2005 -96, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17
OF THE CITY CODE BY ADDING ONE NEW ARTICLE ESTABLISHING THE FACADE
IMPROVEMENT TAX REIMBURSEMENT PROGRAM.
Bill 2005 -97, sponsored by Councilmen Ferguson and Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY AND
WALMART, INC., TO CONSTRUCT AN INTERCHANGE ON CITY VIEW AT HIGHWAY
50 WEST.
Bill 2005 -98, sponsored by Councilmen Brown, Layton, Berry, Martin, Ferguson, Crane,
Harvey, Schnitzler, Vogel, and Pope, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY
ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE
COUNTY OF COLE, STATE OF MISSOURI, LYING NORTH OF THE PRESENT CITY
LIMITS REFERRED TO AS THE HIGHWAY 179 AREA AND AUTHORIZING AN
ELECTION TO APPROVE THE EXTENSION OF THE CITY LIMITS THROUGH
ANNEXATION.
Mayor John Landwehr asked that the City make the draft Plan of Intent available to the
public at no cost. He noted that the public hearing will be held October 17 in the City
Council Chambers, and encouraged citizens to attend. Councilman Dean Martin requested
that a copy of the draft Plan of Intent be provided to the public library in case citizens want
to view it there. City Counselor Nathan Nickolaus stated he would make sure they get a
copy, and indicated that the City is going to place the draft on its web site as soon as the
maps and appendices are made web - ready.
REGULAR COUNCIL MEETING OCTOBER 17, 2005 8
BILLS PENDING
Bill 2005 -83, sponsored by Councilmen Berry, Brown, Crane, Ferguson, Harvey, Layton,
Martin, Pope, Schnitzler, and Vogel entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE 2005
ELECTION FILING PERIOD, AND ESTABLISHING THE 2006 PRIMARY AND GENERAL
ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI.
Bill 2005 -93 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13951:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005 -88, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT #2.
Councilman Kevin Brown requested that bill 2005 -88 be placed on the Informal Calendar
at this time.
Bill 2005 -89, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34,
ARTICLE III OF THE CODE PERTAINING TO TRANSIT CHARTERS AND SPECIAL
ROUTES.
Bill 2005 -89 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13956:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005 -90, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
STADIUM WEST PROPERTIES, LLC.
REGULAR COUNCIL MEETING OCTOBER 17, 2005 9
Bill 2005 -90 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13957:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005 -91, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOTS 3, 4, AND 5 OF CC
WEST SUBDIVISION, SECTION 2.
Bill 2005 -91 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13958:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005 -92, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5
OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED
BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 13783.
Bill 2005 -92 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13959:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005 -93, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UNIMERICA
GROUP LIFE INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF JEFFERSON.
Bill 2005 -93 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13960:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
REGULAR COUNCIL MEETING OCTOBER 17, 2005 10
Bill 2005 -94, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZINGSEWERAGE
SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS (STATE REVOLVING
FUND PROGRAM) SERIES 2005C.
A motion was made by Councilman Kevin Brown to accept the Substitute No. 2 to Bill
2005 -94 which was previously distributed to the Council in its October 13 Council packets,
seconded by Councilman Jonathon Schnitzler. Councilman Kevin Brown then made a
motion to amend Substitute 2 to make the corrections distributed to the Council at the 5:45
pre- meeting, as well as to correct the spelling of Councilman Bryan Pope's name where it
appears in the documents, seconded by Councilman Bryan Pope. The motion to amend
Substitute No. 2 was approved unanimously. The motion to accept Substitute 2, as
amended, was then approved unanimously. Substitute No. 2 to Bill 2005 -94, as amended,
was then approved by the following roll -call vote, as Ordinance No. 13961.
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
INFORMAL CALENDAR
Bill 2005 -78, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF
THE STREET NOW KNOWN AS IKON DRIVE TO MODERN DRIVE.
Councilman Kevin Brown requested that Bill 2005 -78 remain on the Informal Calendar at
this time.
SCHEDULED REPORTS
No reports were scheduled for this time.
NEW BUSINESS
There was no New Business brought before the Council at this time.
UNFINISH
ED BUSIN
ESS
REGULAR COUNCIL MEETING OCTOBER 17, 2005 11
Mayor John Landwehr stated he wished to take this time to thank City Administrator Rich
Mays for his exemplary work as City Administrator for the past ten years, and that much of
the success enjoyed by the City during that time can be attributed to his work. Mr. Mays
received a standing ovation from those on the Council and in the audience.
GO INTO CLOSED SESSION
Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of
Missouri, he would entertain a motion for the Council to go into Closed Session to discuss
the following:
a. Personnel [Sec. 610.021(3)]
A motion was made by Councilman Michael Berry to go into Closed Session, seconded by
Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote
at 7:20 P.M.:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None