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HomeMy Public PortalAbout20060821REGULAR COUNCIL MEETING AUGUST 21, 2006 1 CALL TO ORDER The Regular Council Meeting of August 21, 2006, 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, and Pope Absent: Martin and Vogel A quorum was declared present. SPECIAL RECOGNITIONS Mayor John Landwehr recognized some Boy Scouts in the audience and asked that they introduce themselves. Members of Troop 10 from Grace Episcopal Church, and Troop 2 from First Presbyterian Church were present working on their Citizenship in the Community award. Parks & Recreation Director Bill Lockwood gave a report on a near - drowning incident which occurred recently at the Memorial Pool. Following his report, he introduced the Parks and Recreation employees who participated in the activities which saved the person's life. Fire Chief Robert Rennick also presented the crew of Engine #3 who also participated in saving the life of the near - drowning victim. Following the two presentations, Mayor John Landwehr commended all those persons who were key in saving the life of the young man who was the victim and pointed out how that the intensive job training of all these personnel pays off when an event such as this occurs. PUBLIC HEARINGS (a) 2006 -2007 City Budget (b) 2006 -2007 Gross Receipts Utility Tax Rate REGULAR COUNCIL MEETING AUGUST 21, 2006 2 (c) 2006 Rate of Property Tax Levy Finance Director Steve Schlueter made a presentation regarding these three issues and answered questions asked by the Council. Following staff's presentation, the following persons requested to speak on the issues: Mr. Bill Camp, 205 Dover, made comments regarding the 2006 Rate of Property Tax Levy. He stated he did not feel the rate should be lowered from the proposed .0048 cents to .0046 cents, and that the difference should be placed into a reserve fund for emergencies because he thought once it was lowered, it could not be raised again without going to a vote of the people. He also stated he believes the city budget should be online so the public can access it when they want to. No other persons requested to speak at this time. Mayor John Landwehr asked if some of the budget document could be placed on the city's website. Finance Director Steve Schlueter said he would work with Bill Betts in getting some of it online. Mayor John Landwehr stated that it is not necessary to take a property tax rate levy to a vote of the people as long as it is below the current ceiling allowed, which is 54.8 cents. Mayor John Landwehr declared the evidentiary portion of the three public hearings concluded. (d) Preliminary and Final PUD Plan for 3211 Smith Place City Planner Janice McMillan made a staff presentation regarding the background of the requested PUD plan. Following her presentation, the following persons spoke on the issue: In favor: Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated his support for the project and offered to answer any questions. No one requested to speak in opposition to the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council would now take up the associated pending bill. Bill 2006 -40, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY TO BE ADDRESSED AS 3211 SMITH PLACE; LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER, SECTION 3, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, MISSOURI. REGULAR COUNCIL MEETING AUGUST 21, 2006 3 Bill 2006 -40 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14076: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None (e) Rezoning 227 Metro Drive from M -2 to C -2 City Planner Janice McMillan made a presentation regarding the requested rezoning. Following her presentation, the following persons requested to speak on the issue: In Favor: Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated his support for the project and offered to answer any questions. No one requested to speak in opposition to the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council would now take up the associated pending bill. Bill 2006 -41, 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 M -2 GENERAL INDUSTRIAL TO C -2 GENERAL COMMERCIAL, 1.24 ACRES OF LAND LOCATED AT 227 METRO DRIVE, CONSISTING OF LOT 18, BAX'S COMMERCIAL PROPERTY, SECTION II, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -41 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14077: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None (f) PUD Plan Amendment for Cell Tower at 4935 Old Lohman Road City Planner Janice McMillan made a presentation regarding the requested PUD Plan Amendment. Following her presentation, the following persons requested to speak on the issue: In Favor: REGULAR COUNCIL MEETING AUGUST 21, 2006 4 Mary Krups, Riley &Associates, forT - Mobile. She distributed a handout and requested that it be made a part of the record in this hearing. Following several questions asked by the Council, Councilman Kevin Brown asked why the water tower was not considered. Ms. Krups deferred to Mr. Matt Schaefer, Engineer with T- Mobile, who stated that he didn't believe the water tower was looked at but that the height for the tower needed to be 195 feet and the water tower is 100 feet. No one requested to speak in opposition to the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and stated the Council would now take up the associated pending bill. Bill 2006 -42, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY ADDRESSED AS 4935 OLD LOHMAN ROAD; LOCATED IN PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 44, RANGE 12, JEFFERSON CITY, MISSOURI. Bill 2006 -42 was read third time by title and placed on final passage. Following discussion, the bill was defeated by the following roll -call vote: Aye: Berry, Crane, Ferguson, Harvey, and Layton Nay: Brown and Pope Councilman Michael Berry made a motion to move Bill 2006 -39 up on the agenda at this time since it is also related to Smith Place Addition (which Bill 2006 -40 pertained to). The motion was seconded by Councilman Kenneth Ferguson and approved unanimously. Mayor John Landwehr announced the Council will now take up Bill 2006 -39 out of order: Bill 2006 -39, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF SMITH PLACE ADDITION, SECTION FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -39 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14075: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None (g) Text Amendment to Chapter 35 Pertaining to Establishment of Neighborhood Conservation Overlay Districts REGULAR COUNCIL MEETING AUGUST 21, 2006 5 City Planner Janice McMillan made a presentation regarding the proposed text amendments. Following her presentation, no one requested to speak on the issue. Mayor John Landwehr indicated that the Council will now take up the associated pending bill. Bill 2006 -43, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE ESTABLISHMENT OF NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS. Bill 2006 -43 was read third time by title and placed on final passage. Following several questions and a lengthy discussion on the issue, Councilman Cindy Layton requested that Bill 2006 -43, be placed on the Informal Calendar at this time. Mayor John Landwehr asked City Counselor Nathan Nickolaus to get information to the Council regarding the need to extend the public hearing into the next meeting. ITEMS TAKEN UP OUT OF ORDER Mayor John Landwehr asked the Council if it would be agreeable to taking up Resolution RS2006 -13 at this time since there were citizens present who are interested in that issue. The Council had no objections to taking up that matter at this time. RS2006 -13 Approving Sidewalk Waiver and Setting Conditions Thereof (Berry) Staff: Nathan Nickolaus A motion was made by Councilman Brian Crane for adoption, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Brown, Crane, Ferguson, Harvey, and Layton Nay: Berry and Pope 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. July 2006 Finance Reports b. Historic Preservation Commission, July 11, 2006 c. Board of Adjustment, July 11, 2006 d. CAMPO Technical Committee, May 4, 2006 e. Planning & Zoning Commission, July 13, 2006 REGULAR COUNCIL MEETING AUGUST 21, 2006 6 COUNCIL LIAISON REPORTS, Janice McMillan made a report regarding the Metropolitan Planning Organization (MPO) Transportation Study Report which has now been completed and is available for citizens and staff to review. Finance Director Steve Schlueter gave a brief report on the 2006 -2007 budget schedule as it was drafted and set up with Council's input. He stated those meeting dates have been posted online for the public to review in case they wish to attend any of the sessions. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Brian Crane asked questions about the cell phone tax rate. City Counselor Nathan Nickolaus answered his questions. Mayor John Landwehr stated that tonight's public hearing on the gross receipts utility tax is the hearing which gives the public the opportunity to speak on that issue each year. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for approval: (a) Police Officer - Jennifer Shepherd A motion was made by Councilman Mike Harvey for approval of the appointment as presented, seconded by Councilman Michael Berry, and approved unanimously. (b) Appointments to Boards and Commissions: Transportation & Traffic Ed Koetting June 2007 partial Transportation & Traffic Scott Page June 2010 full Parks and Recreation Marty Miller May 2009 full Parks and Recreation Steve Duncan May 2009 full Human Relations Commission Nancy Browning Oct 2007 partial Planning and Zoning Randy Bickel May 2010 full Planning and Zoning John Lake May 2010 full Planning and Zoning Dave Nunn May 2010 full REGULAR COUNCIL MEETING AUGUST 21, 2006 7 Planning and Zoning Bob George May 2010 full Planning and Zoning Chris Yarnell - Alternate May 2007 partial TIF Tom Reichard April 2010 full Industrial Dev Authority Larry Schepers May 2012 full Industrial Dev Authority Bob Scrivner May 2012 full University Extension Council Judi Kaiser Feb 2008 full Submarine Committee Herman Smith June 2009 full Board of Adjustment Stacey Young Alternate Sept 2006 partial A motion was made by Councilman Michael Berry for approval of the appointments as recommended, seconded by Councilman Bryan Pope, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Councilman Mike Harvey gave a status report on the Conference Center Committee and stated that RFPs should be going out on this within the next couple of weeks. He stated that the Committee will be meeting again at 4:30 P.M. on Monday, August 28, at City Hall. City Administrator Steve Rasmussen gave a report on the GIS Steering Committee. Following his comments, several questions were asked of staff regarding different variables about the GIS data. Some council members expressed concern at the level of detail in data which might compromise security of the city. PRESENTATIONS FROM THE GALLERY Mr. Paul Van Horn, 808 Strasburg Court, made comments regarding potential development in the Frog Hollow area, and urged the Council to continue to encourage development there. Councilman Kevin Brown stated that one of the ordinances being introduced tonight was directly related to that issue since it provides for a detention basin in the Frog Hollow area. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. CONSENT AGENDA REGULAR COUNCIL MEETING AUGUST 21, 2006 8 The following items were brought before the Council for approval by Consent at this time. Mayor John Landwehr stated that Councilman Pope had requested individual consideration of items (b) and (c). a. Minutes of August 4 and August 7, 2006 City Council Meetings A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda as presented, seconded by Councilman Kevin Brown, and approved unanimously. BILLS INTRODUCED Bill 2006 -52, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2006, TO OCTOBER 31, 2007, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Bill 2006 -53, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2006. Bill 2006 -54, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2006 -55, sponsored by Councilman Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, and Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CONTINUANCE OF A SALES TAX FOR CAPITAL IMPROVEMENTS AT THE RATE OF ONE -HALF (' /2) OF ONE PERCENT, THE COLLECTION AND USE THEREOF, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006. BILLS PENDING REGULAR COUNCIL MEETING AUGUST 21, 2006 9 Bill 2006 -32, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VOYAGER FLEET CARD SYSTEMS FOR FUEL PURCHASE CARDS. Bill 2006 -32 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14074: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -44, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF PROVIDING ADDITIONAL SURVEY SERVICES REQUIRED TO IMPLEMENT A NEW INSTRUMENT APPROACH PROCEDURE AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2006 -44 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14078: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -45, 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, TRANSIT FUND, FIREMEN PENSION RETIREMENT FUND AND THE WATER FUND. Bill 2006 -45 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2006 -45 which had been previously distributed to the Council, seconded by Councilman Brian Crane, and approved unanimously. Bill 2006 -45 was then passed, as substituted, by the following roll -call vote as Ordinance 14079: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -46, sponsored by Councilman Martin, entitled: REGULAR COUNCIL MEETING AUGUST 21, 2006 10 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEVELOPMENT AGREEMENT WITH ROGER AND IRMA VERSLUES FOR THE GREEN MEADOW PUMP STATION SITE. Bill 2006 -46 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14080: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -47, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KCI CONSTRUCTION, INC. FOR CONSTRUCTION OF THE GREEN MEADOW PUMP STATION . Bill 2006 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14081: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -49, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING FOR THE CONSTRUCTION OF THE FROG HOLLOW DETENTION BASIN. Bill 2006 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14082: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None Bill 2006 -50, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ALLIED SERVICES, L.L.C., DBA MID -STATE WASTE, FOR SOLID WASTE COLLECTION AND DISPOSAL. Bill 2006 -50 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14083: Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, and Pope Nay: None REGULAR COUNCIL MEETING AUGUST 21, 2006 11 Bill 2006 -51, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO COMMENCE CONDEMNATION PROCEEDINGS. Councilman Mike Harvey requested that Bill 2006 -51 be placed on the Informal Calendar at this time, and requested that it be placed on the agenda for the August 24 Special Council Meeting. SCHEDULED REPORTS No reports were scheduled for this time. NEW BUSINESS Parks & Recreation Director Bill Lockwood reported on the usage of water for Oak Hills Golf Course. He stated that the Parks and Recreation Department has a lake fed by rainwater and runoff at Oak Hills Golf Course which has supplied the water during the recent water rationing period for watering the golf course. He indicated anything else which has been watered has been done so on the same water rationing schedule as the general public. Councilman Brian Crane stated he believes that all bills which come before the Council should have first gone through a Committee. Mayor John Landwehr stated that requiring that all bills go before a committee might cause a backlog of business for the citizens. He stated he did believe that regular Work Sessions would benefit the Council so that they can go over issues in more detail before they come before the Council. Councilman Kevin Brown made comments regarding an ad hoc committee to look at big box retail developments. Councilman Bryan Pope commended Councilman Kevin Brown for his handling of the substitute Bill 2006 -45 and he agreed that 2006 -45 should have been through a committee first. UNFINISHED BUSINESS Mayor John Landwehr stated that since the Council adopted Resolution RS2006 -13 that the sidewalk waiver under Unfinished Business is now moot. APPROVAL OF CLOSED SESSION MINUTES REGULAR COUNCIL MEETING AUGUST 21, 2006 12 August 7, 2006, closed session minutes - A motion was made by Councilman Kevin Brown for approval of the minutes, seconded by Councilman Brian Crane, and approved unanimously. ADJOURN MENT There being no further business to come before the Council at this time, a motion was made by Councilman Kevin Brown for adjournment, seconded by Councilman Brian Crane, and approved unanimously at 8:05 P.M.