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HomeMy Public PortalAbout20051121REGULAR COUNCIL MEETING NOVEMBER 21, 2005 1 CALL TO ORDER The Regular Council Meeting of November 21, 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 (a) Preliminary and Final PUD Plan for 2423 and 2427 Beasley Court. City Planner Janice McMillan made a presentation explaining the background of the proposed PUD Plan. 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 and stated the Council will now take up the associated pending bill. 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 -107 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13976: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel REGULAR COUNCIL MEETING NOVEMBER 21, 2005 2 Nay: None (b) Zoning Text Amendments to Chapter 35, Zoning Code: Amending 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. City Planner Janice McMillan made a presentation explaining the proposed text amendments. Following her presentation, no one requested to speak in favor of, or opposition to, the proposed amendments. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded and stated the Council will now take up the associated pending bill. 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. Councilman Brown requested that Bill 2005 -112 be placed on the Informal Calendar at this time to allow the Council more time to read all the proposed changes. (c) Amending Code Pertaining to Flood Hazard Regulations. City Planner Janice McMillan made a presentation explaining the proposed regulations. Following her presentation, no one requested to speak in favor of, or opposition to, the proposed regulations. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded and stated the Council will now take up the two associated pending bills. 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 -102 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13971: Aye: Nay: REGULAR COUNCIL MEETING NOVEMBER 21, 2005 3 Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel None 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 -103 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13972: 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, October 6, 2005 b. Human Relations Commission, October 11, 2005 c. Planning & Zoning Commission, October 13, 2005 d. October, 2005 Finance Reports e. Liquor Control Board, February 3, 2005 f. Parks & Recreation Commission, October 10, 2005 g. Housing Authority Board of Commissioners, October 18, 2005 COUNCIL LIAISON REPORTS No liaison reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Mike Harvey reminded citizens that the Moving Wall Vietnam War Memorial will be in Jefferson city November 22 -28 and invited everyone to attend. Councilman Edith Vogel announced the Living Windows will be held in the downtown REGULAR COUNCIL MEETING NOVEMBER 21, 2005 4 business district on Friday evening, December2, and the Christmas parade will be held the next afternoon. Captain Jim Johnson announced that the Police Department will be closing off High Street from Friday night until after the parade the next day to make it safer for children who attend the parade. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval. a. Appointments to Jefferson City Police Dept. Police Officer - Michael Oidtman ii. Police Officer - Steven Thomas A motion was made by Councilman Mike Harvey to approve the appointments as recommended, seconded by Councilman Kevin Brown and approved unanimously. b. Appointments to the following Boards and Commission: Board Person Term Expires Term Status Human Relations Commission Stu Murphy Oct 2008 2 "a full term Human Relations Commission Freda Cash Bady Oct 2008 Oct 2008 2 "a full term 2 "a term Econ Dev Advisory Board Larry Schepers Econ Dev Advisory Board Donna White Oct 2008 2 "a term Econ Dev Advisory Board Curtis Creagh Oct 2008 Pt full term Historic Preservation Laura Ward Dec 2008 served 1 full term Historic Preservation Dottie Dallmeyer Dec 2008 served 2 full terms Historic Preservation Tom Rynard Dec 2008 served 1 full term Plumbing Board Richard Grothoff Dec 2008 served 1 full term Plumbing Board Rick Enke Dec 2008 served 1 full term Plumbing Board James Schmitz Dec 2008 served 2 full terms Plumbing Board Jerry Rosslan Dec 2008 serving partial term; 1s1 fudd term Housing Authority Saundra Allen Nov 2009 served 2 terms Housing Authority James Jordan Nov 2009 served 2 terms A motion was made by Councilman Kenneth Ferguson to approve the appointments as recommended, seconded by Councilman Cindy Layton and approved unanimously. REGULAR COUNCIL MEETING NOVEMBER 21, 2005 5 PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Dan Cassidy made a presentation regarding how the application process works and grant application for tax credits regarding an agricultural heritage project. He distributed a brochure explaining the proposed Rural Heritage Museum & Homestead toward which the grant would be applied. He stated he would be asking the Council to adopt a resolution at its next Council Meeting endorsing the project, and explained it would not involve any city funding. PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No responses were given at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: November 4 Brown Bag, November 7 Pre - Meeting and Regular Meeting b. Approval of CVB Annual Budget A motion was made by Councilman Kevin Brown to approve the Consent Agenda as presented, seconded by Councilman Michael Berry, and approved unanimously. BILLS INTRODUCED No bills were introduced at this meeting. BILLS PENDING 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. Bill 2005 -99 was read third time by title, placed on final passage and passed by the following roll - call vote as Ordinance 13968: REGULAR COUNCIL MEETING NOVEMBER 21, 2005 6 Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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 -100 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13969: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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 -101 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13970: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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 -104 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13973: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -105, sponsored by Councilman Brown, entitled: REGULAR COUNCIL MEETING NOVEMBER 21, 2005 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF CEDAR HILL SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -105 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13974: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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. Bill 2005 -106 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13975: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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 -108 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13977: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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. REGULAR COUNCIL MEETING NOVEMBER 21, 2005 8 Bill 2005 -111 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13978: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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 -113 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13979: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -114, sponsored by Councilman Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSOLIDATED CONTRACT WITH THE MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES FOR DAYCARE INSPECTION SERVICES. Bill 2005 -114 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13980: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None 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. Councilman Brian Crane requested that Bill 2005 -115 be placed on the Informal Calendar at this REGULAR COUNCIL MEETING NOVEMBER 21, 2005 9 time. INFORMAL CALENDAR 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. 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 requested that Bill 2005 -98 be removed from the Informal Calendar and placed on final passage at this time. Bill 2005 -98 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept the Substitute to Bill 2005- 98 which was previously distributed, the motion was seconded by Councilman Mike Harvey, and approved unanimously. Bill 2005 -98 was then passed, as substituted, by the following roll -call vote as Ordinance 13981: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None SCHEDULED REPORTS No reports were scheduled for this time. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS REGULAR COUNCIL MEETING NOVEMBER 21, 2005 10 There was no unfinished business to come before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES The following Closed Session minutes were presented to the Council for their approval: (a) October 18, 2005, Special Closed Session (b) November 7, 2005 Closed Session A motion was made by Councilman Mike Harvey to approve item (a), seconded by Councilman Michael Berry, and approved unanimously. A motion was made by Councilman Kenneth Ferguson to approve item (b), seconded by Councilman Cindy Layton, 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. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Jonathon Schnitzler to go into Closed Session, seconded by Councilman Cindy Layton, and approved unanimously by the following roll -call vote at 7:25 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None