Loading...
HomeMy Public PortalAbout20070305REGULAR COUNCIL MEETING MARCH 5, 2007 CALL TO ORDER 1 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 10 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.