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HomeMy Public PortalAbout20060206REGULAR COUNCIL MEETING FEBRUARY 6, 2006 CALL TO ORDER The Regular Council Meeting of February 6, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Mike Harvey, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: Crane and Ferguson A quorum was declared present. Mayor John Landwehr welcomed a group of Chamber of Commerce Junior Leadership members who are attending tonight's meeting, and briefly explained the procedure of public hearings which is scheduled first thing on tonight's agenda. PUBLIC HEARINGS Special Exception Use for Bear Run Subdivision, a Cluster Subdivision located northwest of Diamond Ridge Drive and Amethyst lane - City Planner Janice McMillan gave a staff report on the background of the requested Special Use Permit Exception, and answered questions by the Council. Following the conclusion of staff testimony, the following persons spoke on the issue: IN FAVOR Mr. Troy Hake and Mr. Gavin Bargate, 1516 Friendship Road, and Shepherd Hills Road, respectively, developers of the proposed cluster subdivision, made a presentation and showed maps and artists' renditions of the proposed development. Following their presentation, they answered questions by the City Council. IN OPPOSITION REGULAR COUNCIL MEETING FEBRUARY 6, 2006 Mr. Jason CaII, 913 Amethyst Lane, commended the developers for the additional work they have done to try to address concerns by affected property owners, but he stated he still feels he is still opposed to the development as proposed. His main concerns were the traffic flow and the type of building materials which may be used in the structures which may affect the value of other structures in the vicinity. Mr. John Treu, 916 Sardonyx, stated that his main reason for opposing to the development is the traffic flow and the number of lots that the developers want to develop. Mr. Gregory Wood, 909 Amethyst Lane, stated he is also opposed to the number of lots being established in this property. The Council asked questions of the witnesses about certain points made in their respective presentations. There being no further persons wishing to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded at this time, and that the Council would now consider the associated Bill. No one present 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 announced the Council will now take up the associated pending bill. 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 AMETHYST LANE, DESCRIBED AS PART OF TRACT 1 OF MOSERS SUBDIVISION. Councilman Dean Martin requested that Bill 2005 -116 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2005 -116 was read third time by title and placed on final passage. Mayor John Landwehr asked City Counselor Nathan Nickolaus to explain the requirements for passage of this bill considering that documents were filed with the City Clerk in opposition by adjoining property owners on Friday, February 3, 2006. Mr. Nickolaus explained that, after reviewing the documents which were filed, he has determined that they do not meet the legal requirements to qualify as "petitions." He stated that the signatures were not acknowledged in accordance with legal requirements for such petitions. Therefore, a super- majority of the Council will not be required to pass Bill 2005 -116. A lengthy discussion was held, including questions asked of staff by Council. Following the discussion, Bill 2005 -116 was defeated by the following roll -call vote: Aye: Harvey, Layton, Martin, and Vogel Nay: Berry, Brown, Pope, and Schnitzler MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING FEBRUARY 6, 2006 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, December 13, 2005 b. Planning & Zoning Commission, December 8, 2005 c. Economic Development Advisory Board, October 19, 2005 d. Public Works & Planning Committee, November 16, 2005 e. December, 2005 Finance Reports f. Human Relations Commission, December 13, 2005 g. Parks and Recreation Commission, December 12, 2005 h. Environmental Quality Commission, December 1, 2005 CAMPO 4th Quarter and Annual Report j. CAMPO Technical Committee, December 1, 2005 k. Housing Authority Board of Commissioners, December 20, 2005 COUNCIL LIAISON REPORTS There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Jonathon Schnitzler reminded the Council and citizens of Ward Two that he and Councilman Edith Vogel are cosponsoring a Ward 2 Listening Post meeting which will be held on Monday, February 13 from 6:30 to 8:00 P.M. at the National Guard Armory to discuss issues affecting the area surrounding the 800 to 1900 blocks of St. Mary's Boulevard. APPOINTMENTS BY THE MAYOR The following appointments to City boards and commissions were recommended by Mayor John Landwehr for Council approval: REGULAR COUNCIL MEETING FEBRUARY 6, 2006 Board Person Term Expires Term Status Library Cari Collins March 2008 partial term Human Relations Commission Wayne Lee Oct 2006 partial Electrical Board Mark Lueckenhoff January 2008 full Electrical Board Terry Ruff January 2009 full Electrical Board Dave Steinman January 2009 full Planning and Zoning David Nunn May 2006 partial Planning and Zoning Chris Jordan May 2007 partial JC Public Television Steering Steve Veile Feb 2007 one year term JC Public Television Steering Tom Minihan Feb 2006 one year term JC Public Television Steering Mike Moyer Feb 2006 one year term Plumbing Board Richard Grothoff Dec 2008 full A motion was made by Councilman Edith Vogel for approval of the appointments as presented, seconded by Councilman Mike Harvey, and approved with Councilman Kevin Brown voting "Nay." PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Ron Craft, Airport Division Director, made a Power Point presentation regarding the operation of the Jefferson City Memorial Airport. Following his presentation, he answered questions asked by Council Members. Mr. Steve Schlueter, Finance Department Director, made a presentation explaining how the airport operations fit into the City's budget. He stated some funding for the airport is by grants, with the City picking up the rest of the cost. Janice McMillan, City Planner, made a presentation regarding the Central East Side Plan. Following her presentation, Mayor John Landwehr asked her to also make her report on the Capitol Avenue Historic District that appears on the agenda under New Business. Following Ms. McMillan's presentation, MayorJohn Landwehr asked Ms. Jane Beetem, who has also been involved in this project, if she had anything to say on the issue of the award which the district recently received. Ms. Beetem distributed to the Mayor and Council some information regarding this issue. Following her brief remarks, Mayor Landwehr thanked her for her efforts in this issue. Mr. Bill Case, 402 Wind Ridge, made a presentation urging citizens to vote in favor of the REGULAR COUNCIL MEETING FEBRUARY 6, 2006 proposed Highway 179 Corridor annexation issue which appears on tomorrow's election ballot. He distributed a flyer to members of the Council. Following his remarks, Mayor John Landwehr announced that the Cole County Commission informed him this afternoon that they are officially supporting this proposed annexation. PRESENTATIONS FROM THE GALLERY Mr. Mike Rackers, 31418 Redfield Drive, Eugene, MO, made a presentation regarding grants for regional communications needs. He stated that several entities are working together to address the communication needs between all agencies, and that they would be asking the City for funding in the future towards this issue. Mayor John Landwehr suggested that State of Missouri should be a party since Jefferson City is the seat of state government and anything which occurs in Jefferson City will greatly affect them. Mr. Leonard Steinman, 110 N. Lincoln, stated his agreement with Mr. Rackers' comments. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: January 13 Brown Bag, January 17 Pre - Meeting and Regular Meeting Authorizing Amendment to Mo. Hwy. And Transportation Commission State Block Grant for Jefferson City Memorial Airport A motion was made by Councilman Bryan Pope for approval of the Consent Agenda as presented, seconded by Councilman Cindy Layton, and approved unanimously BILLS INTRODUCED Bill 2005 -139, sponsored by Councilmen Brown & Pope, 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 FROM C-2 GENERAL COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY ADDRESSED AS 2017 WILLIAM STREET, LOCATED APPROXIMATELY 450 FEET WEST OF DIX ROAD AND IS PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING FEBRUARY 6, 2006 Bill 2005 -140, 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); AND SCHEDULE M (PARKING PROHIBITED AT CERTAIN TIMES), SUBPARAGRAPH H, (BETWEEN THE HOURS OF 7:00 A.M. AND 5:00 P.M.), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF SWIFTS HIGHWAY. Bill 2005 -141, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE(M), (PARKING PROHIBITED AT CERTAIN TIMES), BY THE ADDITION OF A NEW SUBPARAGRAPH T (BETWEEN THE HOURS OF 12:00 A.M. AND 6:00 A.M.) OF THE CODE OF THE CITY OF JEFFERSON; AND BY THE ADDITION OF PORTIONS OF EAST ELM STREET, EAST DUNKLIN STREET, AND LAFAYETTE STREET TO THE NEW SUBPARAGRAPH T. Bill 2005 -142, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR LOTS A, B, C, D, E, AND I OF THE REPLAT OF SOUTHGATE SUBDIVISION, SECTION 2, JEFFERSON CITY, COLE COUNTY, MISSOURI, LOCATED IN THE 1200 BLOCK OF DUANE SWIFT PARKWAY. Bill 2005 -143, sponsored by Councilman Berry & Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN REAL ESTATE SURPLUS AND AUTHORIZING SALE OF THE PROPERTY. Bill 2005 -144, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A TAX CREDIT AGREEMENT ON BEHALF OF THE MISSOURI FARM BUREAU FOUNDATION WITH THE MISSOURI DEVELOPMENT FINANCE BOARD FOR THE CONSTRUCTION OF AN AGRICULTURAL MUSEUM. Bill 2005 -145, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION FORKATYTRAILHEAD PARK AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. REGULAR COUNCIL MEETING FEBRUARY 6, 2006 Bill 2005 -146, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING VARIOUS SECTIONS OF CHAPTER 22, (PARKING, STOPPING, AND STANDING) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO PARKING GENERAL REQUIREMENTS. BILLS PENDING Bill 2005 -133, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ROAD RELINQUISHMENT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR ACCEPTANCE OF A PORTION OF COUNTRY CLUB DRIVE BY QUITCLAIM DEED. Bill 2005 -133 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13999: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -134, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES MASTER AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF PROVIDING CONSULTANT ENGINEERING AND DESIGN SERVICES TO THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14000: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -135, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF PROVIDING DESIGN, ENGINEERING AND INSPECTION SERVICES FOR A TAXIWAY EXTENSION AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -135 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING FEBRUARY 6, 2006 following roll -call vote as Ordinance 14001: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -136, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2005 -2006 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS WITHIN THE DEPARTMENTS OF COMMUNITY DEVELOPMENT, LAW, AND FINANCE. Bill 2005 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14002: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -137, sponsored by Councilmen Martin and Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO RECORD A DEED RESTRICTION ON LOT 4, GARDEN VIEW SUBDIVISION SECTION 1, IN THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -137 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14003: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -138, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF PROVIDING PLANNING, AND SURVEY SERVICES REQUIRED TO UPDATE THE AIRPORT LAYOUT PLAN AND IMPLEMENT NEW INSTRUMENTAPPROACH PROCEDURES AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -138 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14004: Aye: Berry, Brown, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING FEBRUARY 6, 2006 INFORMAL CALENDAR 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 AMETHYST LANE, DESCRIBED AS PART OF TRACT 1 OF MOSERS SUBDIVISION. *See public hearing above RESOLUTIONS There were no resolutions brought before the Council at this time. SCHEDULED REPORTS No reports were scheduled at this time. NEW BUSINESS Councilman Mike Harvey made comments regarding opportunities for improvement in various parts of the city and suggested a good way to approach it would be to do improvements to one precinct at a time so citizens could see the visible results of the improvements. UNFINISH ED BUSINESS There was no unfinished business brought before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES 1. January 17, 2006, Closed Session Minutes REGULAR COUNCIL MEETING FEBRUARY 6, 2006 A motion was made by Councilman Jonathon Schnitzler to approve the minutes as presented, seconded by Councilman Michael Berry, and approved unanimously ADJOURNMENT There being no further business to come before the Council at this time, a motion was made by Councilman Mike Harvey to adjourn, seconded by Councilman Jonathon Schnitzler, and approved unanimously at 8:30 P.M.