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Home My Public Portal About20051205REGULAR COUNCIL MEETING DECEMBER 5, 2005 1 CALL TO ORDER The Regular Council Meeting of December 5, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Brian Crane, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Harvey, Layton, Martin, and Pope Absent: Ferguson, Schnitzler, and Vogel A quorum was declared present. 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. Task Force on Neighborhood Improvement Minutes of November 1, 2005 b. Task Force on Neighborhood Improvement Minutes of November 15, 2005 c. Public Works & Planning Committee, October 18, 2005 COUNCIL LIAISON REPORTS Councilman Brian Crane announced the JCTV Steering Committee needs applicants to apply to be members of that committee. Councilman Kevin Brown announced that the Finance Committee needs to have a meeting sometime after the first of the year and asked the Council to be thinking about a good date for that. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS No announcements were made at this time. REGULAR COUNCIL MEETING DECEMBER 5, 2005 2 APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval. a. Jefferson City Police Department Communications Operator - Christine "Christy" Schaefer A motion was made by Councilman Kevin Brown to approve the appointments as recommended, seconded by Councilman Bryan Pope and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Roy Dudark, Senior Planner, made a presentation explaining cluster subdivisions. Following his presentation, he answered questions asked by the Mayor and City Council. Mr. Patrick Murphy, Chairman of the Police Personnel Board, made a presentation regarding rules and regulations of the Police Personnel Board. He explained briefly the background of the board and its desire to update their rules, and offered to answer any questions regarding that issue which is on tonight's Consent Agenda. PRESENTATIONS FROM THE GALLERY Mr. Gene Nichol, 1517 Del Cerro Drive, made a presentation to urge the Council to approve the text amendments included in Bill 2005 -112, specifically the side yard amendments. He explained his particular need for amending the code as it currently is written so he can place a small building in his back yard. Mr. Roger Weis, 930 Manassas Place, made a presentation regarding the C C West Subdivision PUD bill (2005 -118). He stated that some meetings between the developers and affected entities have proven very helpful in solving some concerns by various parties. He thanked both city staff and the developers for their willingness to meet and discuss the issues. Judge Jack Bardgett, 802 Strasburg Court, also reiterated what Mr. Weis just started and thanked the staff and developers for approaching this issue with open minds and flexibility. At the request of another citizen in the gallery to make a presentation, a motion was made by Councilman Kevin Brown to allow the presentation, seconded by Councilman Mike Harvey, and approved unanimously. Mr. Harold Krieger, 3533 Gettysburg Place, also spoke about the C C West Subdivision (Westpoint Development) issue and stated if the issue of annexation were dealt with as successfully as this issue that he believed there would be very little opposition to annexation. Mr. John Treu, 916 Sardonyx, made a presentation regarding cluster subdivisions. He REGULAR COUNCIL MEETING DECEMBER 5, 2005 3 stated that he does not believe the bill on tonight's agenda (2005 -116) is a true cluster subdivision as defined by the city Code. He distributed handouts to show a diagram of what a cluster subdivision is according to the Code. He stated he is opposed to the cluster subdivision as proposed due to traffic problems which will be created as a result. Following his presentation, he answered questions asked by the Council. 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 18 Brown Bag, November 21 Pre - Meeting and Regular Meeting (RENEWAL - Year2) Contract With New World Recycling Company for Transportation & Recycling of Materials c. (RENEWAL - Year 2) Contract Amendment With Capital Region Medical Center for Employee Assistance Program (RENEWAL - Year 3) Contract With Sungard, HTE, Inc., for Software Maintence at Police Dept. e. Rules and Regulations of the Jefferson City Police Personnel Board Authorizing Change Order No. 2 (Final) for Wehmeyer Drive Relocation Project (RENEWAL - Year) Contract with Midwest ATC Services, Inc. for Air Traffic Control Services g. Councilman Kevin Brown asked Human Resources Director Gail Strope to explain the handout the Council had received pertaining to item (c) - EAP program. Ms. Strope explained the services offered, and the extent to which the program is utilized by employees, giving a breakdown of the cost to the city per employee per month. Following her presentation, a motion was made by Councilman Dean Martin to approve the Consent Agenda as presented, seconded by Councilman Brian Crane, and approved unanimously. BILLS INTRODUCED Bill 2005 -116, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL REGULAR COUNCIL MEETING DECEMBER 5, 2005 4 EXCEPTION USE PERMIT FOR A CLUSTER SUBDIVISION ON 14.47 ACRES OF LAND LOCATED NORTHWEST OF DIAMOND RIDGE AND AMETHYST LANE, IN THE 900 BLOCK OF AMETHYST LANE, DESCRIBED AS PART OF TRACT 1 OF MOSERS SUBDIVISION. Councilman Michael Berry asked if he might be able to get a larger diagram of this subdivision. Staff stated they will make sure he gets one. Bill 2005 -117, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA 0.60 ACRE TRACT ADDRESSED AS 210 PRODO DRIVE, PART OF LOT 6, EL MERCADO DEVELOPMENT, SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -118, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR LOT 2 AND A PRELIMINARY AND FINAL PUD PLAN FOR LOT 3 OF C.C. WEST SUBDIVISION, SECTION 2 LOCATED IN THE 3400 TO 3600 BLOCKS OF WEST EDGEWOOD DRIVE. Bill 2005 -119, 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 CLARY DEVELOPMENT CORPORATION FOR INFRASTRUCTURE IMPROVEMENTS RELATED TO THE PROPOSED DEVELOPMENT OF LOTS 2 AND 3 OF C.C. WEST SUBDIVISION, SECTION 2 LOCATED IN THE 3400 TO 3600 BLOCKS OF WEST EDGEWOOD DRIVE. Bill 2005 -120, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE TEXT AND CHAPTER 3, SUBDIVISION CODE TEXT PERTAINING TO PRIVATE STREETS AND GATED COMMUNITIES. Bill 2005 -121, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE S, (LOADING ZONES), SCHEDULE N (PARKING METER ZONES); AND ALSO AMENDING CHAPTER 22 (PARKING, STOPPING AND STANDING), SECTION 22 -18 (METERED PARKING), SUBPARAGRAPH F, OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO CITY LOT 10.\ REGULAR COUNCIL MEETING DECEMBER 5, 2005 5 Bill 2005 -122, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PRODO DRIVE AT AMAZONAS DRIVE. Bill 2005 -123, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE I (ANGLE PARKING), AND SCHEDULE J, (PARKING PROHIBITED), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF CHESTNUT STREET. Bill 2005 -124, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE F, (THROUGH ROADWAYS), AND SCHEDULE G, (STOP INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF SOUTH COUNTRY CLUB DRIVE. Bill 2005 -125, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE R, (RESERVED PARKING AREAS,) SCHEDULE N, (PARKING METER ZONES), AND SCHEDULE V, (DISABLED PARKING SPACES), SCHEDULE N (PARKING METER ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO THE 300 BLOCK OF WEST MCCARTY STREET. Bill 2005 -126, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED TO EXCHANGE CERTAIN REAL PROPERTY. BILLS PENDING There were no bills pending at this time. REGULAR COUNCIL MEETING DECEMBER 5, 2005 6 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 stated he plans to leave the bill on the Informal Calendar where it dies at this time. 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 Kevin Brown requested that Bill 2005 -112 be removed from the Informal Calendar and placed on third reading and final passage. Bill 2005 -112 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13982: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, and Pope 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 remain on the Informal Calendar at this time. SCHEDULED REPORTS A report was given by Assistant to the City Administrator Melva Fast regarding the status of the Task Force on Neighborhood Improvement. Following her report, she indicated that two members were present at tonight's meeting: Ms. Carol Blaney and Ms. Cathy Bordner. Mayor John Landwehr thanked the committee for their work, and asked if it would be REGULAR COUNCIL MEETING DECEMBER 5, 2005 7 possible to get another update from the committee at the first meeting in February. NEW BUSINESS There was no new business brought forward at this time. UNFINISH ED BUSINESS Mayor John Landwehr reminded anyone interested in the C C West Subdivision development that a meeting is being held by the developers to discuss the issue with citizens at the Missouri River Regional Library multipurpose room on Thursday, December 8, from 5:30 to 6:30 P.M. APPROVAL OF CLOSED SESSION MINUTES Mayor John Landwehr announced that the November 21, 2005 Closed Session minutes will be approved at the next Council meeting. 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)] b. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Mike Harvey to go into Closed Session, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote at 7:45 P.M.: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, and Pope Nay: None