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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