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HomeMy Public PortalAbout20060515REGULAR COUNCIL MEETING MAY 15, 2006 1 CALL TO ORDER The Regular Council Meeting of May 15, 2006, 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, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: None A quorum was declared present. PUBLIC HEARINGS Mayor John Landwehr explained that the Council has discussed and plans to take up items (d) and (e) tonight, but that they will postpone item (f) and place the associated pending bill 2006 -13 on the Informal Calendar. (a) Major Amendment to the Final PUD Plan for 1236 through 1248 Duane Swift Parkway City Planner Janice McMillan gave a presentation detailing the background of the proposed PUD plan. Following her presentation, the following persons came forward to speak on the issue: In favor: Mike Bates, 2500 E. McCarty Street, explained the development and offered to answer any questions. Ted Walz, 2115 S. Belfry Ct., Clarksburg, also explained briefly about the development and offered to answer any questions. Charlie Palmer, 1260 -A Duane Swift Parkway, stated he is in favor of this development as it would be an asset to the neighborhood. REGULAR COUNCIL MEETING MAY 15, 2006 2 No one came forward to speak in 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 at this time. Bill 2006 -5, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR AMENDMENT TO THE FINAL PUD PLAN FOR LOTS J AND K, SOUTHGATE SUBDIVISION, SECTION TWO, LOTS XX AND WW SOUTHGATE SUBDIVISION, SECTION SIX AND LOTS 20, 21 AND 22, SOUTHGATE SUBDIVISION, REPLAT OF SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI, LOCATED IN THE 1200 BLOCK OF DUANE SWIFT PARKWAY. Bill 2006 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14041: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Mayor John Landwehr stated that there are some Boy Scouts in the audience tonight as asked their leader to come forward and introduce them. Mr. Dan Thompson introduced members of Troop 2 and Troop 4 who were present working on their Citizenship in the Community badge. (b) Preliminary and Final PUD Plan for 3238 W. Truman Boulevard City Planner Janice McMillan gave a presentation detailing the background of the proposed PUD plan. Following her presentation, the following persons came forward to speak on the issue: In favor: Mike Bates, 2500 E. McCarty Street, explained the development and offered to answer any questions. No one came forward to speak in 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 at this time. Bill 2006 -6, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR 3238 WEST TRUMAN BOULEVARD; LOCATED ON LOT 8, JULMAR SUBDIVISION, SECTION THREE, TOWNSHIP 44 REGULAR COUNCIL MEETING MAY 15, 2006 3 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -6 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14042: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None (c) Preliminary and Final PUD Plan for 824 Weathered Rock Road City Planner Janice McMillan gave a presentation detailing the background of the proposed PUD plan. Following her presentation, the following persons came forward to speak on the issue: In favor: Mike Bates, 2500 E. McCarty Street, explained the development and offered to answer any questions. No one came forward to speak in 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 at this time. Bill 2006 -7, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR 824 WEATHERED ROCK ROAD; LOCATED ON LOTS 13AND 14, STONEHILL SUBDIVISION, SECTION THREE, JEFFERSON CITY, MISSOURI. Bill 2006 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14043: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None (d) Voluntary Annexation of Property Located on the South Side of Hwy. 50 at Cityview, and Zoning Plan. Mayor John Landwehr explained that a couple of citizens had requested to make presentations from the gallery on this issue tonight, but since that part of the agenda falls later in the meeting after this may have already been deliberated and decided, they may wish to speak during this public hearing portion of the meeting instead. He indicated they REGULAR COUNCIL MEETING MAY 15, 2006 4 could still speak under presentations from the gallery, but suggested they consider speaking at this time as well. City Planner Janice McMillan gave a presentation giving brief details of the voluntary annexation and showed a diagram with the location of the affected property. Following her presentation, the following persons came forward to speak on the issue: In favor: Mike Bates, 2500 E. McCarty Street, offered to answer any questions from the Council on this issue. Pat Schafer, 2203 E. McCarty, of Midwest Block and Brick stated he is in favor because the interchange at Cityview will offer their company's large trucks an alternate route to the highway instead of heavily traveled city streets. Dave Williams, 9130 Highway 50 East, stated he is in favor because he feels the at -grade crossings are very dangerous as they currently exist. Tom Suthoff, 2902 Wakoda Drive, stated he is also concerned with the safety issue of the at -grade crossings at Hwy. 50 near Cityview. In opposition: Steve LePage, 6909 Route M, Taos, feels the persons who previously spoke in favor of an interchange should have taken that issue up with the Missouri Department of Transportation. Richard Groner, 1301 E. High Street, made a presentation showing figures he had figured showing what each party would be paying on the interchange and felt that Wal -Mart was not paying enough. Lorie Rosburg, 3749 Schott Road, read a prepared statement in which she stated that she does not object to Wal -Mart as she is an avid Wal -mart shopper, but that the proposed interchange would negatively impact the environment and wildlife in that area. John LePage, 725 Mulberry Street, stated he owns two farms which will be negatively affected by the project. Dick Dalton, 1311 Isom Drive, read a prepared statement outlining his objections to Wal- Mart corporation in general. Tony Barnicle, 381 Old Ten Mile Road, Mary's Home, referenced an article he distributed which he had written about a 100 -year old general store in Mary's Home. He felt this new Wal -Mart would negatively impact that store. He also stated his objections to Wal -Mart corporation in general. Rebecca Logan, 2103 Timber Road, stated her reasons for opposing Wal -Mart corporation. Harry Trickey, 2013 Timber Road, stated his reasons for opposing Wal -Mart and stated he REGULAR COUNCIL MEETING MAY 15, 2006 5 does not believe Wal -Mart contributes anything to the community. There being no further persons wishing to speak, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced the Council will now take up the associated pending Bill 2006 -11. Bill 2006 -11, sponsored by Councilmen Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTHEASTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 22, IN TOWNSHIP 44, RANGE 11 IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2006 -was read third time by title and placed on final passage. Councilman Kevin Brown asked the staff from the Fire Department and Police Department if Wal -Mart has ever contributed anything to them. Police Chief Roger Schroeder stated he did not have all that information with him at this time, but he does know that a recent anti -crime housing program being offered by the Police Department has received assistance from Wal -Mart for their first class. Assistant Fire Chief Jason Turner stated that over the past nine years that the Fire Department has received approximately $4,000 from Wal -Mart for various programs. Several Councilmen made comments in response to the testimony. Councilman Kenneth Ferguson asked Finance Director Steve Schlueter to review Mr. Groner's figures and get his analysis to the Council. City Administrator Steve Rasmussen stated he would be happy to handle that for the Council. At the conclusion of comments, Bill 2006 -11 was passed by the following roll -call vote as Ordinance 14047: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, and Vogel Nay: Pope (e) Rezoning Property Located at 401 Cityview Drive from RU to C -2 City Planner Janice McMillan gave a presentation detailing the background of the proposed rezoning. Following her presentation, the following persons came forward to speak on the issue: In favor: Mike Bates, 2500 E. McCarty Street, explained the development and offered to answer any REGULAR COUNCIL MEETING MAY 15, 2006 6 questions. In opposition: Steve LePage, 6909 Route M, Taos, Missouri, stated his reasons for opposing the rezoning and the project in general. Dick Dalton, 1311 Isom Drive, stated additional reasons for opposing the project. Lorie Rosburg, stated her issue with the project is urban sprawl and not Wal -Mart. There being no further persons wishing to speak, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced the Council will now take up the associated pending Bill 2006 -12. Bill 2006 -12, sponsored by Councilman Layton, 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 RU RURAL USE TO C -2 GENERAL COMMERCIAL, 1.5 ACRES OF LAND TO BE ADDRESSED AS 401 CITY VIEW DRIVE, LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 50/63 AT THE TERMINUS OF CITY VIEW DRIVE AND IS PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2006 -12 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14048: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None (f) Authorizing Special Exception Use Permit for Property Located at 401 Cityview Drive. Councilman Kevin Brown made a motion that this public hearing be postponed to June 19, seconded by Councilman Brian Crane, and approved unanimously. Mayor John Landwehr suggested a Council work session to allow the Council time to discuss this further before the June 19 meeting. Mayor John Landwehr stated that associated pending bill 2006 -13 was next on the agenda at this time. Councilman Cindy Layton requested that Bill 2006 -13 be placed on the Informal Calendar at this time. MINUTES AND REPORTS ',RECEIVED AND FILED REGULAR COUNCIL MEETING MAY 15, 2006 7 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. Plumbing Board of Review & Examiners, February 22, 2006 b. Board of Adjustment, April 11, 2006 c. d. Task Force on Neighborhood Improvement, April 25, 2006 Human Relations Commission, March 14, 2006 e. April 2006 Finance Report f. CAMPO Technical Committee, February 2, 2006 g. Parks and Recreation Commission, March 13 and April 10, 2006 h. CVB Audit Report (bound document available for review in City Clerk's office) COUNCIL LIAISON REPORTS There were no liaison reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Community Development Director Pat Sullivan announced that on June 3, a waste tire drop -off will be sponsored by the State of Missouri, and stated it would cost $1 per tire, and will be held at 5055 Monticello Road. A flyer is available for citizens who want to call Community Development at 634 -6410 and get more information. APPOINTMENTS BY THE MAYOR Mayor John Landwehr announced that Chief Roger Schroeder has recommended to him the promotion of Carla Kilgore to the rank of Sergeant. Following his brief comments about Ms. Kilgore's qualifications and training, Mayor John Landwehr stated that he concurs with the Chief and recommended the promotion to the Council for approval. A motion was made by Councilman Mike Harvey for approval of the promotion as recommended, seconded by Councilman Brian Crane and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Dale Siebeneck, Evers and Company, gave a report regarding the city's annual audit. He referred to the printed audit which has been distributed to the Council members and REGULAR COUNCIL MEETING MAY 15, 2006 8 stated he would be glad to answer any questions. He commended the Finance Staff for their outstanding cooperation in assisting the auditing staff during this year's audit. PRESENTATIONS FROM THE GALLERY Clyde Angle, 3618 W. Gordon Drive, made a presentation regarding the location of a new Cole County jail. He stated the next meeting of the committee deciding this issue will be held May 22. He answered questions asked by the Mayor and City Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Edith Vogel and Councilman Kenneth Ferguson made comments regarding issue of the location of the Cole County jail, and stated they believe it should remain in the downtown area. They are both members of subcommittees working with the county on this issue. Councilman Michael Berry stated that he also agrees a new jail facility should remain in the downtown area. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time: (a) Minutes of April 28 Brown Bag, and May 1 Pre - meeting and Regular Council Meetings; (b) (RENEWAL - year 2) Contract with Arthur J. Gallagher & Company for professional broker services for Property & Casualty Insurance (c) (RENEWAL - year 3) Contract with Corporate Claims Management, Inc. for Workers' Compensation third -party administrative services MayorJohn Landwehr stated that Councilman Pope had requested individual consideration of items (b) and (c). A motion was made by Councilman Kenneth Ferguson for approval of item (a), seconded by Councilman Jonathon Schnitzler and approved unanimously. (b) and (c): Councilman Bryan Pope feels that Council should review them at a Finance Committee meeting. A motion was made by Councilman Bryan Pope that the items be placed on the agenda for the Finance Committee following the one that will be held tonight, seconded by Councilman Kevin Brown and approved with Councilman Dean Martin voting ay. REGULAR COUNCIL MEETING MAY 15, 2006 9 BIDS OVER $25,000 Bid 2278 - Utility Vehicle for Fire Department (distributed in May 5 packets): a motion was made by Councilman Edith Vogel for approval of the bid as presented, seconded by Councilman Kevin Brown, and approved unanimously. BILLS INTRODUCED Bill 2006 -15, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PIERCE MANUFACTURING., INC., FOR THE MANUFACTURE AND PURCHASE OF FIRE APPARATUS. Councilman Kevin Brown requested that the rules be suspended and Bill 2006 -15 placed on third reading and final passage. There were no objections to the request for suspension of the rules. Bill 2006 -15 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14050: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2006 -16, sponsored by Councilmen Crane, Harvey, and Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE VI (CITY ADMINISTRATOR) AND CHAPTER 2 (ADMINISTRATION), ARTICLE IX (FINANCE DEPARTMENT) OF THE CODE OF THE CITY OF JEFFERSON AMENDING THE POWERS OF THE CITY ADMINISTRATOR. Bill 2006 -17, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF PICKETTS RUN STREET IN WESTPOINT ESTATES SUBDIVISION SECTION THREE TO GRAYSTONE DRIVE Bill 2006 -18, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13, SECTION 43 PERTAINING TO LOCAL AMENDMENTS TO THE UNIFORM FIRE CODE. Councilman Dean Martin has suggested a work session to discuss this issue. Following REGULAR COUNCIL MEETING MAY 15, 2006 10 discussion, a meeting time and date for 6:00 P.M. on Wednesday, May 24 was agreed upon. Councilman Edith Vogel requested information about how many persons came to the previous public hearings which were held on this matter. Staff stated they could get those minutes to her which would include a list of persons who testified. Council also stated that a public forum portion of the May 24 meeting would be agreeable. BILLS PENDING Bill 2006 -8, 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), SUBPARAGRAPH (A)(2), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF MONROE STREET. Bill 2006 -8 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14044: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2006 -9, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION LLC FOR SEWER REPLACEMENT IN VARIOUS LOCATIONS. Bill 2006 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14045: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2006 -10, 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 APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND, THE CAPITAL IMPROVEMENT FUND AND PARKING FUND . Bill 2006 -10 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING MAY 15, 2006 11 following roll -call vote as Ordinance 14046: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2006 -13, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR CONSTRUCTION OFASUPERSTORE /BIG BOX RETAIL DEVELOPMENT UPON 35.5 ACRES OF LAND TO BE ADDRESSED AS 401 CITY VIEW DRIVE, DESCRIBED AS PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. This bill was placed on the Informal Calendar during the public hearings portion of the meeting. Bill 2006 -14, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIREFIGHTER'S RETIREMENT PLAN BY AN AMENDMENT NO. FIVE TO MAKE THE CHANGES DESCRIBED IN THE ATTACHED SUMMARY OF CHANGES TO COMPLY WITH CERTAIN FEDERAL INCOME TAX AND LABOR LAWS. Bill 2006 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14049: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None RESOLUTIONS RS2006 -2 RS2006 -3 Approving Neighborhood Assistance Program application for Salvation Army (Schnitzler) - A motion was made by Councilman Kevin Brown for adoption, seconded by Councilman Cindy Layton and approved unanimously. Authorizing Application for Transit Operating Grants and Designation as 49 U.S.C. Section 5307 Grants Program Recipient (Brown) - A motion was made by Councilman Bryan Pope for adoption, seconded by Councilman Cindy Layton and approved unanimously. REGULAR COUNCIL MEETING MAY 15, 2006 12 SCHEDULED REPORTS A report was scheduled to be given at this time on the JCTV Steering Committee by Councilman Brian Crane, but he requested that, due to the lateness of the hour that be postponed to the June 5 meeting. Councilman Cindy Layton stated she would also have a brief report to give at the June 5 meeting on the neighborhood improvement issue. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES April 20, 2006 Closed Session: A motion was made by Councilman Edith Vogel for approval of the minutes as presented, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None RECESS Mayor John Landwehr stated the Council meeting would recess at this time to allow for council committee meetings to be convened briefly for the purpose of electing officers, after which time the Council would reconvene to vote to go into Closed Session. He stated he has asked President Pro Tempore Brian Crane to convene and conduct these meeting. REGULAR COUNCIL MEETING MAY 15, 2006 13 RECONVENE The Council meeting reconvened at 9:00 P.M. by Mayor John Landwehr with the following Council Members present: Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Absent: None 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)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Cindy Layton and approved unanimously by the following roll -call vote at 9:05 P.M.: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel Nay: None