HomeMy Public PortalAbout20070305REGULAR COUNCIL MEETING MARCH 5, 2007
CALL TO ORDER
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The Regular Council Meeting of March 5, 2007, 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, Klindt, Layton, Oetting, Pope,
and Vogel
Absent: None
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."
PUBLIC HEARINGS
(a) Rezoning 3300 Block of W. Edgewood from RA -1 to C -2, held over from the
February 19 Council meeting
City Planner Janice McMillan made a staff presentation explaining that the issue had been
held over and that answers to Council questions had all been distributed to all Council
members. Following the staff presentation, the following citizens spoke on the issue:
In favor:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated he
would be available to answer any questions if needed.
No one came forward to speak in opposition to the proposed rezoning. Mayor John
Landwehr declared the evidentiary portion of the public hearing concluded, and asked the
sponsor, Councilman Cindy Layton, her wishes regarding taking up the associated bill,
which is currently on the Informal Calendar. Councilman Cindy Layton requested that Bill
2006 -129 be removed from the Informal Calendar at this time and placed on final passage.
REGULAR COUNCIL MEETING MARCH 5, 2007 2
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.
Bill 2006 -129 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14166:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
(b) Southside Munichberg District
Assistant to the City Administrator Melva Fast made a staff presentation explaining the
process which was followed by the property owners in the district to establish a Community
Improvement District. She stated that this public hearing is part of that process which is
required by state statute. She stated that the district will be about 20 % -25% of the estimated
$1 million for the improvements of the ten -block area. Following her presentation, the
following persons came forward to speak on the issue:
Ms. Mary Haaf - 601 Mulberry, opposed: Ms. Haaf asked that the 600 block of Mulberry
be removed from the ten -block area in the district. She asked how a property owner who
does not want to participate can get out of the district.
Mr. Dick Ewers, 109, 111, 115 & 121 Dunklin, in favor: Mr. Ewers stated he believes that
Dunklin Street needs to be improved.
Mr. Pat Schaefer, 618 Broadway, did not indicate whether he is opposed or in favor:
Mr. Schaefer asked who is going to regulate the money and manage the priorities. He asked
if a property owner wanted to improve his property to standards higher than those required,
would he be allowed to do so at his own expense?
Ms. Rebecca Bocklage, 615 Jefferson, in favor: Ms. Bocklage asked for the persons
present who are in favor of the District to stand. She thanked the Council for bringing the
issue this far.
Mr. Mike Prenger, 902 Tanya Lynn, owner of property on Broadway Street, did not
indicate whether he is opposed or in favor: Mr. Prenger asked if there is a procedure in
place to be withdrawn from the district.
Rev. Stephen Buchholz, pastor of the Central United Church of Christ located in the
district. Rev. Buchholz stated he believes it will be good not only for the district but for the
REGULAR COUNCIL MEETING MARCH 5, 2007 3
city as a whole.
Ms. Kas Mahfood, owner of 308, 310 and 312 W. Dunklin, in favor: Ms. Mahfood asked
where the money would come from to replace the curbs and sidewalks if the district does
not provide part of the money.
Council Discussion:
Councilman Kevin Brown wanted to see how many linear feet could be involved in case a
future Council would believe they are 100% obligated. Mayor John Landwehr and
Councilman Bryan Pope stated that a meeting was held sometime in the past year where
this was discussed at length. Councilman Bryan Pope asked for some cold, hard facts and
numbers. Councilman Brian Crane stated he would rather the city take a little more time and
answer the questions asked tonight accurately rather than try to answer them informally
tonight. City Counselor Nathan Nickolaus recommended that the city could draft a resolution
to address the Council's concerns. Mayor John Landwehr suggested that might be a good
topic for a Council Work Session.
Items taken up out of order:
Mayor John Landwehr asked if the Council would allow Ms. Jessica Hamlin to make a
presentation at this time as she is a student and needs to go home to do her homework. The
Council agreed to allow Ms. Hamlin to make her presentation at this time.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
Miss Jessica Hamlin stated that she would like to make the public aware of a therapeutic
riding show at the Horsing Around Stables for the purpose of raising funds for a lift to help
disabled children onto horses used in their treatments. She stated that the lift will cost
$2,900, and the show will be held at 3:00 PM at the Horsing Around Stables on Scott Station
Road. If anyone needs more information, they may call the Mid Missouri Girls Scouts
Council at 893 -5505.
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. CVB Minutes, agendas, and reports (Available for Review in the City Clerk's
Office)
Public Works & Planning Committee, January 18, 2007
c. Council Committee on Administration, January 23, 2007
REGULAR COUNCIL MEETING MARCH 5, 2007 4
Environmental Quality Commission, January 11, 2007
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 at 5:30 P.M. The supplemental budgetary items will be discussed
Public Works & Planning Committee - Report given by Chairman Michael Berry, who
announced another meeting will be held March 22 at 7:45 A.M. No agenda has yet been
finalized for that meeting, but will be announced at the March 19 Council meeting.
Administration Committee - Report given by Chairman Brian Crane, who stated he was
unable to attend the March 1 meeting, but that the committee will meet again on March 21.
City Administrator Steve Rasmussen gave a brief report that topics discussed at the March
1 meeting included a subcommittee meeting of the Conference Center Selection Committee,
and explained what took place at that meeting. The Annexation and Growth subcommittee
also met but since a quorum was not present, informal discussions were held but no actions
taken.
Public Safety Committee - Report given by Chairman Kevin Brown, who announced the
next meeting will be held on March 13, and that an agenda should be finalized sometime
this week.
Councilman Edith Vogel recognized an award presented to the Parks and Recreation
Commission by the Jefferson City Multi- Cultural Forum.
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
Fire Chief Robert Rennick reminded citizens that the open burning season will end on
March 15. He also reminded people that they should replace the batteries in their smoke
alarms when Daylight Savings Time begins on March 11.
Assistant Community Director Charles Lansford announced that the compost site will begin
summer hours on March 16 to coincide with the end of the open burning season. He also
announced dates for the annual city -wide spring cleanup, hazardous household waste, tires,
and for the first time, e-waste collection which will allow citizens to drop off old computers
and monitors. He indicated some of these events have a fee associated with them, and that
details about all these events will be finalized sometime in the next several days and be
made available to the public.
Mayor John Landwehr read a proclamation in which he is proclaiming the week of March
12 as "Severe Weather Week."
REGULAR COUNCIL MEETING MARCH 5, 2007 5
APPOINTMENTS BY THE MAYOR
Mayor Landwehr then recommended the following appointments for Council approval:
Police Department Appointments
Amy Carrender, Police Information Clerk
A motion was made by Councilman Kevin Brown for approval of the appointments as
presented, seconded by Councilman Dan Klindt, and approved unanimously
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Randy Allen, Chamber of Commerce, made a presentation regarding the relocation
of Fabick in the Algoa area's industrial region. The Council requested that staff to go ahead
and make its presentation as well on this item so they will have all the information they need
to act on it. Finance Director Steve Schlueter made a presentation regarding the funding
for the sewer and road improvements in the area which would help Fabick be able to
relocate there. A lengthy discussion was held and staff answered several questions
regarding the project, the funding source, and timing.
At the conclusion of the discussion, Mayor John Landwehr asked when the Council wanted
to consider the associated Resolution. A motion was made by Councilman Michael Berry,
seconded by Councilman Kevin Brown, to amend the agenda to take up Resolution
RS2006 -28 at this time. The motion was approved.
* *Resolution RS2006 -28: Authorizing Sewer Extension and Roadway Improvements in
Algoa Area (sponsored by Councilman Brown). Councilman Kevin Brown stated he wanted
to get more information about where the funding will come from. City Administrator Steve
Rasmussen stated he would try to have some numbers ready by the end of the week to go
out in the "off week" packets. A motion was made by Councilman Michael Berry to adopt the
resolution, seconded by Councilman Edith Vogel, and approved unanimously by the
following roll -call vote:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope,
and Vogel
Nay: None
PRESENTATIONS FROM THE GALLERY
Mr. Chris Sandlin, 1811 Greenwich Way, made a presentation in which he urged the City
REGULAR COUNCIL MEETING MARCH 5, 2007 6
Parks and Recreation Commission to purchase the Marvic Roller Rink which is set to be
closed in May. He indicated that several interested citizens had submitted a petition to that
effect to the Parks and Recreation Commission. Questions were asked by the Council.
Mr. Joe Wilson, 422 Oberman Place, handed out a memo which he requested be
distributed to the Council.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Kenneth Ferguson stated he disagreed with Mr. Sandlin's statements in which
he indicated the current owners of the Marvic Roller Rink had let the business run down. He
asked Parks & Recreation Director Bill Lockwood why the Park Board is not interested in
purchasing the rink. Mr. Lockwood stated the Board was aware of the request, and had not
completely disregarded the idea. He explained that the Board, however, is currently working
from a set of goals and that the purchase of the roller rink would mean something on that
established list would have to be eliminated. He invited the group to attend the next Parks
and Recreation Commission meeting on March 13 if they wished to discuss the issue
further.
Councilman Brian Crane stated he did not know why no private investor or business wanted
to purchase the Marvic Roller Rink if it is as good a business opportunity as Mr. Sandlin
indicated. He stated that, while he understood the patrons' disappointment that Marvic was
closing, he did not believe using taxpayer's money to purchase the rink would be wise. He
explained that the city is obligated to spend public funds on issues of public safety first and
foremost, and that several items which both the Police and Fire Departments had requested
in the 2006 -2007 budget had to be denied because of lack of funding.
CONSENT AGENDA
The following items were brought before the Council for approval by Consent at this time.
a. Minutes of February 12, 16, and 19, 2007 City Council Meetings
A motion was made by Councilman Kevin Brown to approve all items on the Consent
Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved
unanimously.
BILLS INTRODUCED
Bill 2006 -141, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COSMOPOLITAN
REGULAR COUNCIL MEETING MARCH 5, 2007 7
CLUB FOR THE ABROGATION OF LAND USE RESTRICTIONS.
Bill 2006 -142, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 318 -320
WASHINGTON STREET AND 208 WEST McCARTY STREET; CONSISTING OF PART
OF INLOTS 458 AND 459, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2006 -143, 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, 0.82 ACRES OF LAND DESCRIBED AS LOT 6 OF C. C. WEST
SUBDIVISION, SECTION TWO, BEING PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 12 WEST,
JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2006 -144, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
PORTIONS OF A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN
CONJUNCTION WITH THE TRAILS OF KAUFFMAN HILLS SUBDIVISION, SECTION
THREE, LOCATED AT SHERWOOD DRIVE AND GRAYSTONE DRIVE
Bill 2006 -145, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF THE TRAILS OF KAUFFMAN HILLS, SECTION
THREE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2006 -146, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING
AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT
FOR THE PERIOD OF OCTOBER 1, 2006 TO SEPTEMBER 30, 2007.
Bill 2006 -147, sponsored by Councilman Brown, entitled:
REGULAR COUNCIL MEETING MARCH 5, 2007 8
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT #
1 FOR TERMINATION OF WASTEWATER SERVICE.
BILL
S PENDING
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 -138 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14163:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
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.
Bill 2006 -139 was read third time by title and placed on final passage. A motion was made
by Councilman Brian Crane, seconded by Councilman Michael Berry, that the effective date
of Bill 2006 -139 be July 1, 2007. Mayor John Landwehr suggested that the staff could issue
a courtesy letter in the next few months to citizens who may be affected by this new
regulation. Councilman Edith Vogel asked for clarification regarding gravel driveways. City
Counselor Nathan Nickolaus explained that gravel driveways that already exist will be
grandfathered in under this bill, but that citizens will not be allowed to create new ones, nor
expand current ones, between the passage of this bill and the proposed July 1 effective
date. The motion to amend was approved unanimously. Bill 2006 -139 was then passed, as
amended, by the following roll -call vote as Ordinance 14164:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
Bill 2006 -140, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2006 -2007
REGULAR COUNCIL MEETING MARCH 5, 2007 9
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE CAPITAL IMPROVEMENTS SALES TAX "D" FUND.
Bill 2006 -140 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14165:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
INFORMAL CALENDAR
*see Public Hearings above for action taken on 2006 -129
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.
Councilman Michael Berry requested that Bill 2006 -135 remain on the Informal Calendar
at this time.
RESOLUTIONS
* *RS2006 -28 (See Presentations from Staff, Consultants and Invited Guests above for
action taken on RS2006 -28 out of order)
SCHEDULED REPORTS
No reports were given at this time.
Mayor John Landwehr asked for a report on the status of the JCTV issue be presented at
the March 19 meeting.
NEW BUSINESS
Mayor John Landwehr referred to a memo regarding the Apartment Owners' Association
regarding dumpsters and asked that it be placed before the proper Council committee.
UNFINISH
REGULAR COUNCIL MEETING MARCH 5, 2007
ED BUSINESS
No unfinished business was brought forward at this time.
ADJOURN
MENT
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There being no further business to come before the Council at this time, a motion was made
by Councilman Michael Berry for adjournment, seconded by Councilman Mike Harvey, and
approved unanimously at 8:35 P.M.