HomeMy Public PortalAbout20051219REGULAR COUNCIL MEETING DECEMBER 19, 2005 1
CALL TO ORDER
The Regular Council Meeting of December 19, 2005, was convened at 6:00 P.M. by Mayor
John Landwehr.
Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of
Allegiance.
ROLL CALL
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
Mayor John Landwehr announced that due to a request from the applicant regarding public
hearing (b) pertaining to the Bear Run Cluster Subdivision project, the public hearing will
be continued to a later date.
(a) Preliminary PUD Plan for Lot 2 and Preliminary and Final PUD Plan for Lot 3 of CC
West Subdivision, Section 2; located in the 3400 -3600 Blocks of West Edgewood
Drive
City Planner Janice McMillan made a staff presentation explaining the background of the
proposed PUD Plan. Following her presentation, the following persons requested to speak
on the issue:
In favor:
Mike Bates, Central Missouri Professional Services, 2500 East McCarty, stated he would
not make any prepared comments but offered to answer any questions should the Council
have them. No questions were asked.
Mr. Tim Coyle, Clary Development, 4200 Bear Tree, Little Rock, AR, also offered to answer
any questions, and thanked the neighborhood residents and staff for the outstanding
cooperation in resolving any issues associated with this development.
Mr. Roger Weis, 930 Manassas Place, president of the Westpoint Homeowner's
Association, made a presentation stating he is in favor of the development moving forward
and thanked the developers for their willingness to address the concerns of the neighboring
residents.
REGULAR COUNCIL MEETING DECEMBER 19, 2005 2
No one came forward to speak in opposition.
MayorJohn Landwehr declared the evidentiary portion of the public hearing concluded, and
announced that the Council will now take up the associated pending bills.
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.
A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2005 -118
which was previously distributed to the Council, seconded by Councilman Mike Harvey, and
approved unanimously. Bill 2005 -118 was then read third time by title, placed on final
passage and passed, as substituted, by the following roll -call vote as Ordinance 13984:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
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 -119 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13985:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
(b) Special Exception Use for Bear Run Subdivision, a Cluster Subdivision located
northwest of Diamond Ridge Drive and Amethyst Lane.
Mayor John Landwehr stated earlier in the meeting that this public hearing has been
continued at the request of the applicant.
(c) Preliminary and Final PUD Plan for 210 Prodo Drive
City Planner Janice McMillan made a staff presentation regarding the proposed PUD plan.
REGULAR COUNCIL MEETING DECEMBER 19, 2005 3
Following her presentation, no one present requested to speak in favor of, or opposition to,
the proposed PUD plan.
MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and
announced that the Council will now take up the associated pending bills. Councilman
Kevin Brown stated due to a conflict of interest, he will not participate in discussion or
voting on this issue.
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 -117 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13983:
Aye: Berry, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and
Vogel
Nay: None
Abstain: Brown
(d) Text Amendments to Chapter 35, Zoning and Chapter 33 Subdivision Codes to
Authorize and Regulate Private Streets and Gated Communities.
City Planner Janice McMillan gave a staff presentation with details of the proposed text
amendments. Following her presentation, several questions were asked by Council
Members. No one present requested to speak in favor of, or opposition to, the proposed
text amendments.
MayorJohn Landwehrdeclared the evidentiary portion of the public hearing concluded, and
announced that the Council will now take up the associated pending bills.
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.
A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2005 -120
which had been previously distributed to the Council, seconded by Councilman Michael
Berry. The motion was approved unanimously. Bill 2005 -120 was then read third time by
title, placed on final passage and passed, as substituted, by the following roll -call vote as
Ordinance 13986:
REGULAR COUNCIL MEETING DECEMBER 19, 2005 4
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
ITEMS TAKEN UP OUT OF ORDER
Resolution RS2005 -11: A motion was made by Councilman Michael Berry for adoption of
RS2005 -11 as presented, seconded by Councilman Dean Martin, and approved
unanimously.
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. November 2005 Finance Reports
b. Plumbing Board of Review & Examiners, September 14, 2005
c. CAMPO Technical Committee, October 6, 2005
d. Environmental Quality Commission, September 22, 2005
e. Historic Preservation Commission, November 1, 2005
f. Planning & Zoning Commission, November 10, 2005
g. Task Force on Neighborhood Improvement, November 29, 2005
h. Board of Adjustment, October 11, 2005
Parks & Recreation Commission, November 14, 2005
j. Human Relations Commission, November 8, 2005
COUNCIL LIAISON REPORTS
No liaison reports were given at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
Councilman Kevin Brown announced that a Finance Committee meeting will be held at 5:30
P.M. on Monday, January 9 in the Boone - Bancroft Room.
REGULAR COUNCIL MEETING DECEMBER 19, 2005 5
APPOINTMENTS BY THE MAYOR
There were no appointments brought before the Council at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Britt Smith, Street/Parking Division Director, gave a power point presentation regarding
snow removal activities and efforts by the city during inclement weather. Following his
presentation, the Mayor thanked him and his staff for doing a good job.
PRESENTATIONS FROM THE GALLERY
Mr. Jason Call, 913 Amethyst Lane, made a presentation regarding the proposed Bear Run
Cluster Subdivision project. He stated that he is not sure he will be able to speak to the
Council at the rescheduled public hearing, but he did want to orally convey his objection to
this project as it was proposed. He explained the reasons for his opposition to the
development.
Dr. William H. Marshall, 3539 Gettysburg Place, made a presentation regarding the traffic
safety issue in the area of Harpers Ferry. He urged the Council to pass the ordinance being
introduced tonight to allow a three -way stop at that intersection.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Bryan Pope stated that he would be watching the development in the area
which Dr. Marshall mentioned.
CONSENT AGENDA
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: December 2 Brown Bag, December 5 Pre -
Meeting and Regular Meeting
RENEWAL - Central Realty Lease Agreement at Airport
c. RENEWAL - (Year 2) Contract with CVB for Administration of Lodging Tax
REGULAR COUNCIL MEETING DECEMBER 19, 2005 6
A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda
as presented, seconded by Councilman Brian Crane, and approved unanimously
BILLS INTRODUCED
Bill 2005 -127, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES,
INC. FOR THE HIGHWAY 54 PUMP STATION, FORCE MAIN AND GRAVITY SEWER
PROJECT.
Bill 2005 -128, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT WITH
THE FEDERAL AVIATION ADMINISTRATION TO REPLACE THE MASTER SITE LEASE
FOR THE JEFFERSON CITY MEMORIAL AIRPORT.
Bill 2005 -129, sponsored by Councilmen Brown and Layton, 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 A THREE -WAY STOP AT THE
INTERSECTION OF HARPERS FERRY AND GETTYSBURG.
Councilman Bryan Pope stated that he would be asking the other Council Members for their
support when some of his constituents have similar traffic concerns which are not
considered by the Traffic & Transportation Commission. Councilman Jonathon Schnitzler
stated that as liaison to the Traffic and Transportation Commission he would encourage the
Council to go through that entity for traffic ordinances first since the members of that
commission are well acquainted with the subject and have a lot of expertise in traffic
matters.
BILLS PENDING
Bill 2005 -116, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL
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
REGULAR COUNCIL MEETING DECEMBER 19, 2005 7
AMETHYST LANE, DESCRIBED AS PART OF TRACT 1 OF MOSERS SUBDIVISION.
Councilman Dean Martin, requested that Bill 2005 -116 be placed on the Informal Calendar
at this time.
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.\
Bill 2005 -121 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13987:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
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 -122 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13988:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
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 -123 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13989:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
REGULAR COUNCIL MEETING DECEMBER 19, 2005 8
Nay: None
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 -124 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13990:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
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 -125 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13991:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
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.
Bill 2005 -126 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13992:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
REGULAR COUNCIL MEETING DECEMBER 19, 2005 9
INFORMAL CALENDAR
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.
RESOLUTIONS
RS2005 -10: A motion was made by Councilman Kenneth Ferguson for adoption of
RS2005 -10 as presented, seconded by Councilman Bryan Pope and
approved unanimously.
SCHEDULED REPORTS
No reports were scheduled at this time.
NEW BUSINESS
Councilman Kevin Brown stated that he had noticed while on Missouri Boulevard over the
past weekend several temporary signs in front of some businesses which he did not believe
would be in compliance with the city's sign ordinances. City Counselor Nathan Nickolaus
stated that Section 3- 5(A)(6) of the Code does prohibit such signs and that the Code
Enforcement personnel have been directed to go and contact those businesses to get the
signs removed.
UNFINISHED BUSINESS
There was no unfinished business brought before the Council at this time.
APPROVAL OF CLOSED SESSION MINUTES
1. November 21, 2005 Closed Session Minutes
REGULAR COUNCIL MEETING DECEMBER 19, 2005 10
2. December 5, 2005 Closed Session Minutes
Councilman Kevin Brown stated that he was listed twice in the attendees, and that
Councilman Harvey's name was omitted. Councilman Kenneth Ferguson made a motion
to approve the minutes with the corrections as noted, 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. Real Estate [Sec. 610.021.(2)]
b. Personnel [Sec. 610.021(3)]
A motion was made by Councilman Kenneth Ferguson to go into Closed Session, seconded
by Councilman Bryan Pope, 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