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HomeMy Public PortalAbout20060320REGULAR COUNCIL MEETING MARCH 20, 2006 CALL TO ORDER 1 The Regular Council Meeting of March 20, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Absent: Ferguson and Schnitzler A quorum was declared present. PUBLIC HEARINGS (a) Rezoning 2017 William Street from C -2 to C -1 City Planner Janice McMillan made a presentation on behalf of staff giving the background of the requested rezoning and answered questions asked by the Mayor and City Council. Following her presentation, the following persons requested to speak: IN FAVOR: Mr. Duane Schreimann, on behalf of the applicant, New Horizons, distributed maps showing the location of the area in question. He explained the layout and the residents who would be located at the group home. Mr. Mike Bates, 2500 E. McCarty Street, showed a drawing of the proposed development. Mr. Greg Bowman, 1002 Diamond Ridge, stated that, in his professional opinion as a real estate appraiser, the proposed development would not negatively impact the other properties in the area. Rev. Steven Buccholz, pastor of the United Church of Christ, spoke about the social REGULAR COUNCIL MEETING MARCH 20, 2006 2 responsibility to care for the developmentally disabled. Ms. Marilyn Schmutzler, 315 Tomahawk Road, Public Administrator for Cole County, stated she believed the residents who would be housed at the group home would make excellent neighbors. IN OPPOSITION: Mr. Brian Stumpe, 916 Moreau Drive, attorney representing several business owners in the area of the proposed development who were at tonight's meeting. He stated he also represented four other business owners who could not be present at the meeting tonight. Mr. Lee Tharpe, 106 Palisades, and owner of a business located at 2014 William Street, spoke about allowed uses under conditional use permits. He stated that rezoning the proposed area would be inconsistent zoning for that area. Ms. Talva Grundstrom, 2022 William Street, stated her reasons for opposing the rezoning based on the proximity to her business on that street. Mr. Eric West, 2115 St. Mary's Boulevard, discussed safety factors to the residents in the area. He asked what kind of background checks would be done on the group residents, and stated that there are two daycare centers located in the area of the proposed development. Mr. Elmer Evers, 520 Dix Road, stated he believed this would be "spot zoning" if it is rezoned. At the conclusion of public comments, Mayor John Landwehr asked Mr. Schreimann to respond to the question asked by Mr. West regarding background checks. Mr. Schreimann did answer those questions. There being no one else wishing to come forward to speak on the issue at this time, Mayor John Landwehr declared the evidentiary portion of the public hearing closed, and that the associated Bill 2005 -139, currently on the Informal Calendar, would be taken up at this time. * * ** *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. Councilman Kevin Brown requested that Bill 2005 -139 be removed from the Informal REGULAR COUNCIL MEETING MARCH 20, 2006 3 Calendar at this time and placed on third reading and final passage. Bill 2005 -139 was removed from the Informal Calendar, read third time by title, and placed on final passage. Following discussion, Bill 2005 -139 was then passed by the following roll -call vote as Ordinance 14026: Aye: Berry, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: Brown (b) Rezoning a Portion of the Schepker Farm Development in 1200 Block of Stadium Boulevard City Planner Janice McMillan made a presentation on behalf of staff giving the background of the proposed rezoning. Following her presentation, the following persons came forward to speak on the issue: IN FAVOR: Mr. Mike Bates, 2500 East McCarty, clarified some issues regarding the zoning and private streets as it pertains to this development, and offered to answer any questions. No one came forward to speak in opposition to the proposed rezoning. There being no further persons wishing to speak at this time, Mayor John Landwehr stated that the evidentiary portion of the public hearing is closed, and that the Council will now take up the associated pending bill 2005 -155. *Bill 2005 -155, 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 REZONING FROM RD TWO- FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, A PORTION OF SCHEPKER FARM DEVELOPMENT, LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD, APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -155 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14020: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: None REGULAR COUNCIL MEETING MARCH 20, 2006 4 (c) Preliminary & Final PUD Plan for a Portion of the Schepker Farm Development in 1200 Block of Stadium Boulevard City Planner Janice McMillan made a presentation on behalf of staff giving the background of the PUD plan. Following staff presentation, no one came forward to speak in favor of, or opposition to, the proposed PUD plan. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending Bill 2005 -156. * *Bill 2005 -156, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR A PORTION OF THE SCHEPKER FARM DEVELOPMENT LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD; APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -156 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14021: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: None (d) Rezoning 603 Ellis Boulevard and Associated Comprehensive Plan Amendment City Planner Janice McMillan made a presentation on behalf of staff giving the background of the proposed rezoning. She mentioned that information had been distributed at the March 17 Brown Bag work session, and Mayor John Landwehr asked the city clerk to make that information part of the record of this public hearing. Following staff presentation, the following persons came forward to speak on the issue: IN FAVOR: Mr. Mike Bates, 2500 E. McCarty Street, distributed copies of the visual information handed out at the March 17 Brown Bag meeting to members of the Council who were not present at that meeting. He explained the background of the development. REGULAR COUNCIL MEETING MARCH 20, 2006 5 Mr. George Hartsfield, 525 Ellis Boulevard, Executive Director of the applicant, YMCA, explained what the YMCA is planning to do about the problem with turn lanes into the property. There being no one else wishing to speak on the issue, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending Bill 2005 -157. ** *Bill 2005 -157, 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 REZONING FROM RA -2 MULTI - FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL, THE PROPERTY ADDRESSED AS 603 ELLIS BOULEVARD, LOCATED IN SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -157 was read third time by title and placed on final passage. Councilman Kevin Brown stated he felt that a time line needs to be established for the completion of the permanent traffic solution. He asked Mr. Hartsfield if he could give a date for that. Mr. Hartsfield stated that a temporary solution will be designed immediately, and estimated that a permanent solution would probably be completed by about September 1, 2007. At the conclusion of the discussion, Bill 2005 -157 was then passed by the following roll -call vote as Ordinance 14022: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: None (e) Amendment to Chapters 32, 33, and 35 Pertaining to Sidewalks City Planner Janice McMillan made a presentation on behalf of staff giving the background of the proposed text amendments. She answered questions asked by City Council members. She stated that staff had contacted the Home Builders Association and received the response that the HBA had decided not to take a position on the issue. Following staff's presentation, the following persons came forward to speak on the issue: IN FAVOR: Mr. Mike Bates, 2500 E. McCarty Street, gave his reasons from the perspective of a builder why he believed the proposed text amendments were needed. REGULAR COUNCIL MEETING MARCH 20, 2006 6 No one requested to speak in opposition to the proposed text amendments. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending Bill 2005 -158. * ** *Bill 2005 -158, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS TEXT, CHAPTER 33, SUBDIVISION CODE TEXT AND CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. Bill 2005 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14023: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, 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. CAMPO Board of Directors, December 28, 2005 b. Task Force on Neighborhood Improvement, February 21, 2006 c. Housing Authority Board of Commissioners, February 10, 2006 and January 24, 2006 CVB Financial Report for January, 2006 (bound material available in City Clerk's office for review) e. Parks and Recreation Commission, February 20, 2006 f. Planning & Zoning Commission, February 9, 2006 g. Board of Adjustment, February 14, 2006 h. Transportation & Traffic Commission Meeting, January 5, 2006 j. Historic Preservation Meeting, February 27, 2006 k. Human Relations Commission, February 14, 2006 Environmental Quality Commission, January 12, 2006 COUNCIL LIAISON REPORTS REGULAR COUNCIL MEETING MARCH 20, 2006 7 There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Brian Crane announced that a JCTV Steering Committee meeting will be held at 5:30 P.M. on Tuesday, March 28 in the Boone - Bancroft Room. He stated there will be a time allotted during the meeting to receive public comments. Mayor John Landwehr suggested he might want to issue a press release so the public is aware of the meeting. Councilman Dean Martin announced a Public Works & Planning Committee meeting will be held at 5:30 P.M. on Thursday, March 23, in the Boone - Bancroft Room. APPOINTMENTS BY THE MAYOR There were no appointments made at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Parks & Recreation Director Bill Lockwood made a presentation to update the Council on the status of the city's Greenway Master Plan. He distributed a handout explaining the master plan, and announced that the first two Public Stakeholders' workshops will be held on April 11 and April 25 at the Washington Park Ice Arena multipurpose room beginning at 5:30 P.M. He stated that a new committee is being established involving all affected public entities called the Greenway Master Plan Update Stakeholder Focus Group, and asked that anyone on the Council interested in serving on that committee on behalf of the City to please let him or the Mayor know of their interest. Police Chief Roger Schroeder distributed a map showing the location and coverage of the city's Outdoor Warning System, and a handout explaining the operation of the system. Following his presentation, he answered several questions by the Mayor and City Council regarding the age of the system, how it is operated, the cost for repair or replacement, etc. Mayor John Landwehr asked Chief Schroeder to confer with City Administrator Steve Rasmussen on this issue and to get back to the Council when they have more information. PRESENTATIONS FROM THE GALLERY Mr. Richard Groner, 1301 East High Street, made a presentation regarding the county half - cent sales tax. He stated he believes the residents who live inside the city pay the majority of the taxes collected, but do not get a fair return of their taxes because the majority of it gets spent on things outside the city. He stated that the city now receives $100,000 per year following an agreement reached a few years back. Mayor John Landwehr stated that REGULAR COUNCIL MEETING MARCH 20, 2006 8 amount was incorrect, but he would clarify that under the appropriation portion of the agenda. Mr. Tony Hiesberger, made a presentation agreeing that the city residents do not get their fair share of sales taxes collected by the county. He distributed a handout listing his statements. Mr. Clyde Angle, 3618 W. Gordon Drive, made a presentation regarding a county jail facility. He distributed a handout listing his statements. Following the presentations, the presenters were asked questions by the Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Kevin Brown asked for information about the transfer of funds between the city and county. Mayor John Landwehr clarified that the amount which the city receives from the county under the road and bridge tax agreement reached a few years back is actually about $500,000 instead of $100,000. He asked Finance Director Steve Schlueter to confirm that, and he stated that the Mayor was correct. Following further discussion, Councilman Mike Harvey made a motion, seconded by Councilman Edith Vogel, that the City schedule a work session with the County Commission to discuss this issue. Following discussion, Councilman Michael Berry moved to amend the motion that the work session be held for the purpose of the city discussing its own half -cent sales tax projects first before involving the County Commission at this point. Councilman Mike Harvey stated he agreed that was a good amendment. Councilman Edith Vogel stated she seconded that motion to amend as well. The motion to amend was then approved unanimously. Councilman Harvey's original motion was then approved, as amended, unanimously. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of the following Council Meetings: March 3, 2006, Brown Bag Work Session, March 6, 2006 Pre - Meeting Work Session; and March 6, 2006, Regular Meeting A motion was made by Councilman Edith Vogel for approval of the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously REGULAR COUNCIL MEETING MARCH 20, 2006 BILLS INTRODUCED Bill 2005 -164, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE (N), (ON STREET PARKING), SUBPARAGRAPH (B), OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF EAST HIGH STREET. 9 Bill 2005 -165, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC COMPANY, INC. FOR THE DOWNTOWN AREA STREET LIGHTING IMPROVEMENTS, PHASE II. Bill 2005 -166, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF SCHEPKER'S FARM, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -167, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF THE TRAILS OF KAUFFMAN HILLS, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2005 -168, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARRY CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE FIRE APPARATUS STORAGE BUILDING. BIL S PENDING Bill 2005 -155, 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 REGULAR COUNCIL MEETING MARCH 20, 2006 10 JEFFERSON, BY REZONING FROM RD TWO- FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, A PORTION OF SCHEPKER FARM DEVELOPMENT, LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD, APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. *Approved under Public Hearings above. Bill 2005 -156, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR A PORTION OF THE SCHEPKER FARM DEVELOPMENT LOCATED IN THE 1200 BLOCK OF STADIUM BOULEVARD; APPROXIMATELY 450 FEET SOUTH OF WEST EDGEWOOD AND 175 FEET WEST OF STADIUM BOULEVARD AND IS PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. * *Approved under Public Hearings above. Bill 2005 -157, 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 REZONING FROM RA -2 MULTI - FAMILY RESIDENTIAL TO C -O OFFICE COMMERCIAL, THE PROPERTY ADDRESSED AS 603 ELLIS BOULEVARD, LOCATED IN SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. ** *Approved under Public Hearings above. Bill 2005 -158, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS TEXT, CHAPTER 33, SUBDIVISION CODE TEXT AND CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. * ** *Approved under Public Hearings above. Bill 2005 -159, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING MARCH 20, 2006 11 MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH COLE COUNTY SPECIAL SERVICES FOR TRANSPORTATION FOR THE DEVELOPMENTALLY DISABLED. (Bills 2005 -160 and 2005 -161 were withdrawn by Council before introduction at the March 3, 2006, Brown Bag work session). Bill 2005 -162, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2005 -2006 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2005 -162 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14025: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: None Bill 2005 -163, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH UNILEVER, INC. Councilman Kevin Brown requested that Bill 2005 -163 be placed on the Informal Calendar at this time. INFORMAL CALENDAR 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. * * ** *Approved under Public Hearings above. RESOLUTIONS REGULAR COUNCIL MEETING MARCH 20, 2006 12 There were no Resolutions brought before the Council at this time. SCHEDULED REPORTS No reports were scheduled to be given at this time. NEW BUSINESS There was no new business brought before the Council at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion 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 Michael Berry to go into Closed Session, seconded by Councilman Kevin Brown, and approved unanimously by the following roll -call vote at 8:55 P.M.: Aye: Berry, Brown, Crane, Harvey, Layton, Martin, Pope, and Vogel Nay: None