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HomeMy Public PortalAbout20070219REGULAR COUNCIL MEETING FEBRUARY 19, 2007 1 CALL TO ORDER The Regular Council Meeting of February 19, 2007, 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, Klindt, Layton, Pope, and Vogel Absent: Oetting A quorum was declared present. Mayor John Landwehr asked if anyone present wished to be added to the list of citizens who have previously signed up to speak under Presentations from the Gallery tonight. He made note of those adding their names to the list, and indicated they would not need to sign up ahead of time to speak under "Public Hearings." Following the addition of those wishing to make presentations from the gallery to the current list, a motion was made by Councilman Michael Berry to amend the agenda to move Miscellaneous Items and Presentations from the Gallery up on the agenda to occur before the public hearings. The motion was seconded by Councilman Mike Harvey and approved unanimously. AGENDA ITEMS MOVED UP: MISCELLANEOUS AGENDA ITEMS FFA Week Proclamation - Adam Brock was present with members of the local FFA chapter. Following his introduction of the members, he gave a brief explanation of how the FFA is organized and their accomplishments. Mayor John Landwehr presented Mr. Brock with a proclamation honoring FFA week. Certificate of Achievement for Excellence in Financial Reporting - Mayor John Landwehr presented the award to Finance Director Steve Schlueter who accepted it on behalf of the City's Finance Department, and commended Chief Accountant Phyllis Gilpin who he stated was instrumental in the city receiving this award for ten years in a row. REGULAR COUNCIL MEETING FEBRUARY 19, 2007 2 PRESENTATIONS FROM THE GALLERY Mr. Brian Stumpe - 916 Moreau Drive, spoke regarding Bill 2006 -135 (temporary food establishments) on behalf of Lutz's BBQ. Mr. Stumpe stated that the change from 48 hours to 24 hours which an establishment must leave to go back to its home base is better although he would prefer even less than 24 hours. Mr. Darrel Driver - 314 Kent Street, also spoke regarding Bill 2006 -135. He stated his concerns are with the regulations on push carts. He stated he has had a push cart business for several years and he pointed out some of the concerns he had with specific regulations on those. The following persons all spoke regarding the Stoneridge Development: In opposition: Ms. Susan Thompson - 2832 South Ten Mile Drive, made a presentation regarding the street as it would be configured for the Stoneridge Development. She also read statements from two other residents: Barbara Nilges and Brenda Bunte who also were in opposition to the development as currently proposed. Mr. M. L. Allison - 2849 South Ten Mile Drive, stated his concerns with safety issues, specifically regarding the proposed street layout. Mr. Lee DeBroeck - 2030 South Ten Mile Drive, read a statement on behalf of Matilda Kiesling regarding her opposition to the development as proposed. Ms. Joanie Allison - 2849 South Ten Mile Drive, stated her concerns with the streets as she has two teenagers of driving age and she's concerned about the safety of the street configuration. In favor: Mr. David Payne - 1415 Lillian Drive, owner of Payne Motors located at 2815 South Ten Mile Drive, made a presentation in favor of the development as proposed. He stated he believes the increased traffic in the area would be a benefit to his business. He stated he has not experienced any damage to his buildings during the blasting although his building is located the closest to the development than any others. Mr. Gary Wilbers - owner of a business located at 2810 South Ten Mile Drive, stated he is also in favor of the development due to increased business flow in the area. Mr. Duane Schreimann - attorney for the developer, stated that in answer to one of the questions regarding TDDs. He stated that TDDs are considered governmental entities and, consequently, subject to the same laws as other governmental entities, including audits and REGULAR COUNCIL MEETING FEBRUARY 19, 2007 3 sunshine law for open records. Mr. Mike Bates - Central Missouri Professional Services, 2500 East McCarty Street, stated he would be available to answer any questions about the development. Councilman Kevin Brown stated he wanted to make sure for the record that all five alternative street configurations had been briefed to the Council. City Administrator Steve Rasmussen stated that he would ask Matt Morasch and Bill Betts to review those for both the Council and the viewing public in a few minutes. Mayor John Landwehr stated that he had overlooked a presenter who had signed up to speak and offered his apology and requested him to come forward at this time. In opposition: Mr. Hubie Neutzler - 2854 South Ten Mile Drive, stated he had called the Kohl's corporate offices and left messages. He stated that since none of his calls were returned he has decided he will not patronize the store when it opens. Mayor John Landwehr stated that the Council will now take up all associated bills pursuant to Councilman Berry's previous motion to amend the agenda to do so. The City Clerk third -read the following bills and they were placed on final passage: Bill 2006 -130, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING PORTIONS OF CERTAIN EASEMENTS FOR SANITARY SEWER PURPOSES IN CONJUNCTION WITH STONERIDGE VILLAGE SUBDIVISION, SECTION ONE, LOCATED AT MISSOURI BOULEVARD AND SOUTH TEN MILE DRIVE Bill 2006 -131, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF STONERIDGE VILLAGE SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -132, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH STONE RIDGE TDD FOR INFRASTRUCTURE IMPROVEMENTS RELATED TO THE PROPOSED REGULAR COUNCIL MEETING FEBRUARY 19, 2007 4 DEVELOPMENT. Following third reading of the three bills above, the following Council discussion was held regarding the issue. City Planner Janice McMillan asked Matt Morasch to make a presentation showing the five alternatives to the proposed traffic plans. City Administrator Steve Rasmussen asked Captain Mike Smith his opinion on the 41 accidents which have reportedly occurred at that intersection over the past five years. Captain Smith stated he believes that traffic lights and at that location could only improve the situation. Councilman Kevin Brown stated that there are no traffic speed limit signs from the intersection where you make a right turn at the intersection of Hwy. 179 and Missouri Boulevard. He asked the Police Department to contact MoDOT and ask for a sign to be posted north of Hwy. 179 on Missouri Boulevard. Councilman Kevin Brown asked if any information had been located regarding a former Council Member who made claims to the property owners regarding this issue. City Planner Janice McMillan gave a brief history of the issue since the beginning of discussions of the development. Councilman Brown noted that a draft of a new blasting ordinance is currently under way. At the conclusion of discussion, the bills were passed as follows: Bill 2006 -130 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14156: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None Bill 2006 -131 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14157: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None Bill 2006 -132 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14158: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None Mayor John Landwehr called for a brief recess at this time. Council recessed at 7:45 P.M. REGULAR COUNCIL MEETING FEBRUARY 19, 2007 5 MEETING RECONVENES The Council Meeting reconvened at 7:50 P.M. with the following Council Members in attendance: Present: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Absent: Oetting Mayor John Landwehr explained that the reason Councilman Oetting is absent tonight is that he has been deployed with the Missouri National Guard to Guatemala until March 4. Mayor Landwehr commended the Council, staff, developers, and the residents for the way they handled the Stoneridge issue. PUBLIC HEARINGS (A) Rezoning Metro /Plaza Drive area from M -2 to C -2 City Planner Janice McMillan gave a staff presentation detailing the background of the proposed rezoning and answered questions asked by the Council. No one present requested to come forward 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 that the Council will now take up the associated pending bill, 2006 -128: Bill 2006 -128, 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, 24 PROPERTY PARCELS CONTAINING 27.57 ACRES OF LAND DESCRIBED AS LOTS 1 -16 OF BAX'S COMMERCIAL PROPERTY SUBDIVISION AND LOTS 17 AND 37 -42 OF BAX'S COMMERCIAL PROPERTY SUBDIVISION SECTION TWO AND FIVE METES AND BOUNDS PARCELS LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION THREE, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2006 -128 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14155: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None REGULAR COUNCIL MEETING FEBRUARY 19, 2007 6 (B) Rezoning 3300 Block of W. Edgewood from RA -1 to C -2 City PlannerJanice McMillan gave a brief presentation explaining the rezoning request. She reported that in answer to a question asked at the February 5 Council Meeting, the Developer estimates use of the proposed heli -stop two to three times per week. She stated that the developer was present at the beginning of tonight's meeting, but because the agenda was amended to postpone the public hearings and the other items took almost two hours, he did have to leave to keep other commitments. Council discussed whether the public hearing should be continued in light of the fact the public hearing was two hours late in commencing as well as some questions which have come up among Council Members. The following persons spoke on the issue: In favor: Mr. Mike Bates - Central Missouri Professional Services, 2500 E. McCarty Street, stated he would make himself available to answer any questions the Council might have. Mayor Landwehr declared the evidentiary portion of the public hearing concluded. Associated Pending Bill 2006 -129: Bill 2006 -129, 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 RA -1 RESIDENTIAL TO C -2 GENERAL COMMERCIAL, 8.61 ACRES OF LAND DESCRIBED AS PART OF TRACT 4 OF MOSERS SUBDIVISION AND LOCATED IN PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Councilman Cindy Layton requested that Bill 2006 -129 be placed on the Informal Calendar. Discussion was held regarding how to address information or testimony which may come in during the next two weeks. City Administrator Steve Rasmussen suggested that all information should be sent to himself to ensure that all interested parties receive the same information before the next meeting. City Counselor Nathan Nickolaus advised re- opening the evidentiary portion of the public hearing and continuing the hearing which would avoid the necessity of scheduling a new hearing. Mayor John Landwehr stated that the evidentiary portion of the public hearing was re- opened, and that the hearing will be continued to a date to be determined and that notification shall be given in accordance with the City Code. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been REGULAR COUNCIL MEETING FEBRUARY 19, 2007 7 received and are on file and may be reviewed in the City Clerk's office: a. Transportation & Traffic Commission, January 7, 2007 b. CAMPO Technical Committee, January 4, 2007 c. Board of Electrical Examiners & Review, December 27, 2006 d. Veteran's Plaza Trust Board of Trustees, April 21, June 1, June 22, August 1, October 24, 2006, and January 8, 2007 e. CVB Minutes and Documents for December, 2006 (available for review in City Clerk's Office) f. MU Extension Council 2006 Annual Report (Available for Review in City Clerk's Office) g. Public Safety Committee, January 9, 2007 h. Police Personnel Board, January 11, 2007 Historic Preservation Commission, January 9, 2007 j. Parks and Recreation Commission, January 9, 2007 k. Planning & Zoning Commission, January 11, 2007 Board of Adjustment, November 14, 2006 Mayor John Landwehr thanked the numerous members of these boards and commissions for giving of their valuable time and expertise for the betterment of the City of Jefferson. COUNCIL LIAISON REPORTS The following reports were made from Council members who are liaisons to boards and commissions, or Chairmen of Council committees: Finance Committee - Chairman Kevin Brown announced that meetings will be held March 6 and March 9. The supplemental budgetary items will be discussed Public Works & Planning Committee - Report given by Chairman Michael Berry, who announced another meeting will be held February 22 at 7:45 A.M. Several items are to be discussed at that meeting. Administration Committee - Report given by Chairman Brian Crane, who announced a meeting would be scheduled an announced shortly. He stated that the Annexation and Growth subcommittee is made up of himself, Councilman Kenneth Ferguson, and Councilman Cindy Layton, and at the request of Mayor John Landwehr, he stated he would also schedule a meeting of that subcommittee in the near future. Public Safety Committee - Report given by Chairman Kevin Brown, who stated what the committee has discussed and passed out of committee to the Council in their most recent meetings. REGULAR COUNCIL MEETING FEBRUARY 19, 2007 8 ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS No announcements were made at this time. APPOINTMENTS BY THE MAYOR Mayor Landwehr then recommended the following appointments for Council approval: Appointments to City Boards and Commissions: BOARD /COMMISSION Board of Adjustment Convention & Visitor's Bureau Historic Preservation Commission Library Board of Directors Library Board of Directors Police Personnel Board Police Personnel Board SWAC- Storrwater Advisory Crte. SWAC- Stornzwater Advisory Cnzte. SWAC- Storrwater Advisory Crte. TIF Commission Transportation & Traffic Commission USSJC Submarine Board JCTV Steering Committee JCTV Steering Committee JCTV Steering Committee JCTV Steering Committee RECOMMENDED NAME EXPIRES Bill Luebbert Carrie Carroll Richard Telthorst Margaret Young Dan Eckles Patrick Murphy- RENEW Carlos Graham- RENEW Bill Washburn Jason Schwartz Mike Bates Ski Mariea - RENEW Bill Washburn Edmond Irwin Linda McAnany -RENEW Tom Minihan -RENEW Mike Moyer -RENEW Steve Veile -RENEW September 2008 December 2008 December 2009 March 2010 March 2010 January 2010 January 2010 February February February April 2010 June 2007 June 2007 February 2008 February 2008 February 2008 February 2008 Full/Partia 1 partial partial partial full full full full full full full full partial partial full full full full A motion was made by Councilman Kenneth Ferguson for approval of the appointments as presented, seconded by Councilman Mike Harvey, and approved unanimously PRESENTATIONS FROM STAFF, CONSU TANTS & INVITED GUESTS REGULAR COUNCIL MEETING FEBRUARY 19, 2007 9 City Administrator Steve Rasmussen gave an update on the status of a proposed conference center. He showed an overhead visual explaining the number of proposals which have been received and their level of participation whether verbal, written, and their interest in part or all of the three sections of the proposal. Mayor John Landwehr asked staff to look at a plan where the city would actually do the conference center and a parking structure itself. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time. a. Minutes of February 2 and February 5, 2007 City Council Meetings b. Extension of Contract with New World Recycling Company for Transportation & Recycling of Materials A motion was made by Councilman Mike Harvey to approve all items on the Consent Agenda as presented, seconded by Councilman Bryan Pope, and approved unanimously. BILLS INTRODUCED Bill 2006 -138, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN ENTERPRISES LLC FOR THE LESLIE BLVD. SIDEWALK, STORMWATER, AND SANITARY SEWER PROJECT. Bill 2006 -139, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 (PARKING), OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW SECTION 42 PROHIBITING THE PARKING OF MOTOR VEHICLES ON LAWNS. Councilman Edith Vogel asked if the Council could receive a ballpark figure on how much this will cost based on number of citations. Following discussion, staff was also requested to provide information about the maximum size of driveways. REGULAR COUNCIL MEETING FEBRUARY 19, 2007 10 Bill 2006 -140, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006 -2007 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE CAPITAL IMPROVEMENTS SALES TAX "D" FUND. BIL S PENDING *See Public Hearings above for 2006 -128 *See Public Hearings above for 2006 -129 *see Miscellaneous Items above for bills 2006 -130, 2006 -131, and 2006 -132. Bill 2006 -133, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE S, SUBPARAGRAPH C, OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PASSENGER LOADING ZONE ON A PORTION OF THE 100 BLOCK OF ADAMS STREET. Bill 2006 -133 was read third time by title and placed on final passage. A motion was made by Councilman Brian Crane to accept the Substitute 2006 -133 which was previously distributed which would reduce the number of parking spaces used for the loading zone from five spaces to two. The motion was seconded by Councilman Kevin Brown, and approved unanimously Bill 2006 -133 was then passed, as substituted, by the following roll - call vote as Ordinance 14159: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None Bill 2006 -134, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC) BY ADDING A NEW SECTION 20 -10.1 AUTHORIZING THE MUNICIPAL JUDGE TO ISSUE ADMINISTRATIVE SEARCH WARRANTS. Bill 2006 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14160: Aye: Berry, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel REGULAR COUNCIL MEETING FEBRUARY 19, 2007 11 Nay: Brown Bill 2006 -135, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO CREATE A PERMIT AND REGULATIONS FOR PUSHCARTS AND BY ADDING A SECTION PERTAINING TO TEMPORARY FOOD ESTABLISHMENTS. Bill 2006 -135 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept the Substitute Bill which was distributed to the Council in their most recent packet. The motion was seconded by Councilman Mike Harvey, and approved unanimously. Following a lengthy discussion, Councilman Michael Berry stated he wished to place Bill 2006 -135, as substituted, on the Informal Calendar at this time to allow staff time to address concerns regarding the push cart issue brought up by Mr. Driver earlier in the meeting. Bill 2006 -136, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCHER BACKHOE AND LANDSCAPING, LLC FOR THE DEMOLITION OF CITY -OWNED PROPERTIES ON THE 400 BLOCK OF E. MC CARTY STREET. Bill 2006 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14161: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None Bill 2006 -137, sponsored by Councilmen Ferguson and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION COMMISSION. Bill 2006 -137 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14162: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None INFORMAL CALENDAR REGULAR COUNCIL MEETING FEBRUARY 19, 2007 12 There were no issues on the Informal Calendar at this time. RESOLUTIONS RS2006 -27 - Adopting a Public Involvement Plan for Transportation Services for Transit. A motion was made by Councilman Michael Berry to accept the Substitute RS2006 -27 which was distributed to the Council at the Brown Bag meeting, seconded by Councilman Edith Vogel, and approved unanimously. Mayor John Landwehr explained that the substitute reduces the required notification period from 30 days to 15 days. Resolution RS2006 -27, as substituted, was then adopted unanimously. SCHEDULED REPORTS No reports were given at this time. Mayor John Landwehr stated that the report scheduled to be given by Gilbert Cole has been deferred to the March 5 meeting. NEW BUSINESS No New Business was brought forward at this time. UNFINISH ED BUSINESS Councilman Edith Vogel asked if the city is still helping the citizens of Waveland, MS following Hurricane Katrina. Mayor John Landwehr stated that at this time, the City of Waveland is needing skilled volunteers. 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 Dan Klindt, and approved unanimously by the following roll -call vote at 9:30 P.M.: REGULAR COUNCIL MEETING FEBRUARY 19, 2007 13 Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Pope, and Vogel Nay: None