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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