HomeMy Public PortalAbout20051107REGULAR COUNCIL MEETING NOVEMBER 7, 2005 1
CALL TO ORDER
The Regular Council Meeting of November 7, 2005, was convened at 6:00 P.M. by Mayor
John Landwehr.
Prayer was offered by Councilman Kevin Brown, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Absent: Layton and Schnitzler* (arrived at 6:10 P.M.)
A quorum was declared present.
PUBLIC HEARINGS
(a) Renaming Ikon Drive to Modern Drive
City PlannerJanice McMillan made a presentation explaining the background of the request
to change the street name. Following her presentation, the following citizens requested to
speak on the issue:
In favor:
Mr. Jerry Green, 516 N. Eagle Trace, thanked the Council for consideration of renaming
the street.
No one came forward to speak in opposition. Mayor John Landwehr declared the
evidentiary portion of the public hearing concluded, and announced that the Council may
consider the associated bill at this time.
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.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 2
Councilman Kevin Brown requested that Bill 2005 -78 be removed from the Informal
Calendar and placed on final passage at this time. Bill 2005 -78 was read third time by title,
placed on final passage and passed by the following roll -call vote as Ordinance 13965:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, and Vogel
Nay: None
(b) Rezoning 215 Flora Drive from C -2 General Commercial to PUD
*Councilman Jonathon Schnitzler arrived at this point in the meeting (6 :10 P.M.)
City PlannerJanice McMillan made a presentation explaining the background of the request
for rezoning. Following her presentation, no one requested to speak in favor of, or
opposition to, the proposed rezoning.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded.
Councilman Kevin Brown requested that the associated Bill 2005 -109 be considered at this
time, and requested that the rules be suspended and placed on final passage. There were
no objections to the request for suspension of the rules.
Bill 2005 -109, 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 0.34 ACRES FROM C -2 GENERAL COMMERCIAL TO PUD
PLANNED UNIT DEVELOPMENT, FOR PROPERTY ADDRESSED AS 215 FLORA DRIVE,
LOCATED IN LOT 9 OF SPRING VALLEY SUBDIVISION, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2005 -109 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 13966:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Nay: None
(c) Preliminary and Final PUD Plan for 215 Flora Drive
City Planner Janice McMillan made a presentation explaining the background of the PUD
plan. Following her presentation, no one requested to speak in favor of, or opposition to,
the proposed PUD plan.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded.
Councilman Kevin Brown requested that the associated Bill 2005 -110 be considered at this
time, and requested that the rules be suspended and placed on final passage. There were
no objections to the request for suspension of the rules.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 3
Bill 2005 -110, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FORA 0.34 ACRE TRACT ADDRESSED AS 215
FLORA DRIVE, LOCATED IN LOT 9, SPRING VALLEY SUBDIVISION, JEFFERSON
CITY, COLE COUNTY, MISSOURI.
Bill 2005 -110 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 13967:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Nay: None
(d) Zoning Plan for 2606 Briarwood Drive, RS -1 Single Family Residential
City Planner Janice McMillan made a presentation explaining the background of the Zoning
Plan. Following her presentation, no one requested to speak in favor of, or opposition to,
the proposed Zoning Plan.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded.
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, September 8, 2005
b. Housing Authority Board of Commissioners, September 27, 2005
c. Finance Committee, September 20, 2005
d. Economic Development Advisory Board, June 22, 2005
e. CAMPO Board of Directors, September 28, 2005
f. Board of Electrical Examiners and Review, February 23, 2005
g. Historic Preservation Commission, October 11, 2005
h. Public Works & Planning committee, September 2 and 16, 2005
COUNCIL LIAISON REPORTS
No liaison reports were given at this time.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 4
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
There were no announcements made at this time.
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments for Council approval.
Jefferson City Police Department Personnel:
Communications Operator - Christina McMullan and Frances "Michelle" Musick
Police Officers - Jon Kempker, Timothy "Jake" Garrison, Chris Joyner, and Bryan
Alfultis
The candidates for appointment were present at the meeting and were introduced by Police
Chief Roger Schroeder, who gave a brief summary of each person's qualifications.
Following Chief Schroeder's introductions, a motion was made by Councilman Bryan Pope
for approval of the appointments, seconded by Councilman Brian Crane, and approved
unanimously.
JCTV Steering Committee Council Liaison - Councilman Brian Crane.
A motion was made by Councilman Kevin Brown for approval of the appointment as
recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
There were no presentations made at this time.
PRESENTATIONS FROM THE GALLERY
Mr. Dale Vaughan, 924 Moreau Drive, made a presentation regarding Bill 2005 -96. He
stated that he feels the proposed $3,000 tax abatement amount per property involved in the
Neighborhood Reinvestment Act Part II should be higher.
Mr. Scott Penman, 4900 Deer Knoll, Columbia, MO, also made a presentation regarding
Bill 2005 -96. He agreed that the $3,000 amount should be higher as he believed that would
bring more potential buyers of properties in that district.
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 that in the past thirty
years, only one fatality has occurred as a result of at -grade crossings, and that victim was
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 5
related to him.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Michael Berry stated that until just a few minutes ago, he had been planning
to vote against the Highway 50 interchange. He stated that he has personally represented
several persons in the last few years who were injured in serious accidents as a result in
the at -grade crossings in that area. He indicated he is changing his vote in favor of the bill
because of the danger to citizens who try to access the highway at those crossings.
CONSENT AGENDA
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: October 14 Brown Bag, October 17 Pre - Meeting
and Regular Meeting; October 24 Special Meeting
(RENEWAL - Year 1) Lease Agreement with Cerini Investments, Inc. D /b /a
Hertz Rent -A -Car
c. (RENEWAL - Year 3) Cemetery Maintenance Agreement with Gaines
Landscaping
(RENEWAL - Year 3) Heating, Air Conditioning & Refrigeration Services
Agreement with Centech & Associates, All Dept.
e. (RENEWAL - Year 4) EMT Services Contract with Capital Region Medical
Center, Fire Dept.
f. (RENEWAL - Year 5) Lease Agreement with L. C. Flight Shop, Community
Development
g. Authorizing Extension of JCTV Agreement with Lincoln University
A motion was made by Councilman Brian Crane to approve the Consent Agenda as
presented, seconded by Councilman Mike Harvey, and approved unanimously.
BILLS INTRODUCED
Bill 2005 -99, 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.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 6
Bill 2005 -100, 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 RBR,
LLC.
Bill 2005 -101, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING THE ALLEY RIGHT -OF -WAY FOR A PORTION OF EAST MCCARTY
STREET, AND RELINQUISHING ALL EASEMENT RIGHTS.
Bill 2005 -102, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8
(BUILDINGS AND BUILDING REGULATIONS), ARTICLE VI (FLOOD HAZARD
REGULATIONS), OF THE CODE PERTAINING TO COLE COUNTY FLOOD HAZARD
REGULATIONS.
Bill 2005 -103, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8
(BUILDINGS AND BUILDING REGULATIONS), ARTICLE VI (FLOOD HAZARD
REGULATIONS), SEC. 8 -61 (GENERAL PROVISIONS), SUBPARAGRAPH (C) OF THE
CODE PERTAINING TO COLE COUNTY FLOOD HAZARD MAPS.
Bill 2005 -104, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF KLEINDIENST SUBDIVISION, A SUBDIVISION OF THE
CITY OF JEFFERSON, MISSOURI.
Bill 2005 -105, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF CEDAR HILL SUBDIVISION, ASUBDIVISION OF THE
CITY OF JEFFERSON, MISSOURI.
Bill 2005 -106, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF EAST HAVENWOOD ESTATES, SECTION FIVE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 7
Bill 2005 -107, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR FRIENDSHIP TOWNHOUSE SUBDIVISION,
LOCATED ON A 0.86 ACRE TRACT ADDRESSED AS 2423 AND 2427 BEASLEY
COURT, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2005 -108, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF FRIENDSHIP TOWNHOUSES SUBDIVISION, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2005 -111, 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 ZONING 0.81 ACRES AS RS -1 SINGLE FAMILY RESIDENTIAL, FOR
PROPERTY ADDRESSED AS 2606 BRIARWOOD DRIVE, LOCATED IN FAINWOOD
SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2005 -112, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35,
ZONING CODE TEXT; SPECIFICALLY LAND USE MATRIX, ACCESSORY BUILDINGS
AND STRUCTURES, SPECIFIC USE STANDARDS, DENSITY AND DIMENSIONAL
STANDARDS, LOT MEASUREMENT AND EXCEPTIONS, MULTI - FAMILY BUILDING
SEPARATION, SETBACKS FOR CLUSTER AND COMPACT HOUSING, AND OFF -
STREET PARKING AND LOADING REQUIREMENTS.
Mayor John Landwehr asked that staff provide a copy of this bill to Heath Clarkston of the
local builders' association.
Bill 2005 -113, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES
FOR THE PERIOD OF NOVEMBER 1, 2005 TO OCTOBER 31, 2006, REFLECTING
FUNDS AS APPROVED IN THE FY 2005 UNIFIED PLANNING WORK PROGRAM.
Bill 2005 -114, sponsored by Councilman Pope, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 8
MAYOR AND CITY CLERK TO EXECUTE A CONSOLIDATED CONTRACT WITH THE
MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES FOR DAYCARE
INSPECTION SERVICES.
Bill 2005 -115, sponsored by Councilmen Crane and Pope, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH UNILEVER, INC.
BILLS PENDING
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 -95 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13962:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Nay: None
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 -96 was read third time by title and placed on final passage. A motion was made
by Councilman Michael Berry to accept the Substitute Bill 2005 -96 which was distributed
in the Council packets. The motion was seconded by Councilman Kenneth Ferguson and
approved unanimously. Following a discussion, Councilman Kevin Brown was asked to
place this issue on the next Finance Committee meeting agenda to discuss the fiscal impact
to the city of increasing the tax abatement amount. A motion was then made by Councilman
Michael Berry to amend the Substitute Bill 2005 -96 as distributed at the pre- meeting,
seconded by Councilman Mike Harvey, and approved unanimously. Bill 2005 -96, as
substituted and subsequently amended, was then passed by the following roll -call vote as
Ordinance 13963:
Aye: Berry, Ferguson, Harvey, Martin, Pope, Schnitzler, and Vogel
Nay: Brown, Crane
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 9
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 -97 was read third time by title and placed on final passage. A motion was made
by Councilman Mike Harvey to amend Bill 2005 -97 to correct the reference to "Highway 50
West" to "Highway 50 East" as was distributed in the pre- meeting. Motion to amend was
seconded by Councilman Kenneth Ferguson, and approved unanimously. Bill 2005 -97 and
passed by the following roll -call vote as Ordinance 13964:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Nay: None
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.
Councilmen Ferguson and Brown requested that Bill 2005 -98 be placed on the Informal
Calendar at this time.
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 be removed from the Informal
Calendar and placed on final passage at this time. Bill 2005 -78 was read third time by title,
placed on final passage and passed by the following roll -call vote as Ordinance 13965:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
REGULAR COUNCIL MEETING NOVEMBER 7, 2005 10
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 remain on the Informal Calendar at
this time.
RESOLUTIONS
RS2005 -9 - Signatories for Interim City Administrator (Brown)
A motion was made by Councilman Bryan Pope for adoption, seconded by Councilman
Jonathon Schnitzler, and approved unanimously.
SCHEDULED REPORTS
No reports were scheduled for this time.
NEW BUSINESS
Councilman Dean Martin stated that some rescheduling of Public Works & Planning
Committee needs to occur. Following a brief discussion, the Council scheduled a meeting
for 5:30 P.M. on Wednesday, November 16.
Mayor John Landwehr welcomed Nathan Nickolaus as the Interim City Administrator and
thanked him for his willingness to step into that position at this time. He stated that 86
resumes for the position of City Administrator have been received and that the search
committee is in the process of interviewing some of those applicants. He thanked Human
Resources Director Gail Strope for her help in this process.
UNFINISH
ED BUSINESS
There was no unfinished business to come before the Council at this time.
REGULAR COUNCIL MEETING NOVEMBER 7, 2005
APPROVAL OF CLOSED SESSION MINUTES
11
The following Closed Session minutes were presented to the Council for their approval:
(a) October 3, 2005
(b) October 17, 2005
(c) October 18, 2005
Mayor John Landwehr stated that staff has requested that the October 18 minutes need to
be removed from consideration at this time to make some necessary corrections. A motion
was made by Councilman Jonathon Schnitzler to approve items (a) and (b), seconded by
Councilman Kevin Brown, and approved unanimously.
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 Kevin Brown to go into Closed Session, seconded by
Councilman Michael Berry, and approved unanimously by the following roll -call vote at 7:25
P.M.:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Martin, Pope, Schnitzler, and
Vogel
Nay: None