Loading...
HomeMy Public PortalAbout20070521REGULAR COUNCIL MEETING MAY 21, 2007 CALL TO ORDER 1 The Regular Council Meeting of May 21, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Ron Medin, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Brown, Crane (arrived at 6:03), Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Absent: Klindt A quorum was declared present. Mayor John Landwehr asked for names of those in the audience who wished to add their names to the Presentations from the Gallery list. PUBLIC HEARINGS (a) Rezoning 77 Acres of Land Addressed as 2653 Frog Hollow Road, and Associated Comprehensive Plan Amendment A presentation was made by City Planner Janice McMillan giving the background of the request for the rezoning. Following her presentation, no one present came 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. Bill 2007 -6, 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 77.28 ACRES FROM RU RURAL USE TO C -2 GENERAL COMMERCIAL, LAND LOCATED SOUTH OF THE PROPERTY ADDRESSED AS 2653 FROG HOLLOW ROAD, LOCATED IN PART OF SECTIONS 14 AND 15, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE REGULAR COUNCIL MEETING MAY 21, 2007 2 COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2007 -6 was read third time by title, placed on final passage and defeated by the following roll -call vote: Aye: Brown, Crane, Ferguson, Koon, Medin Nay: Harvey, Layton, Penfold, and Smith (b) Rezoning 3.7 Acres of Land Addressed as 904 Eastland Drive Mayor John Landwehr announced that the developers and residents have reached an agreement, and have requested a continuance of this issue. He announced that a continuance is granted. Councilwoman Cindy Layton requested that the associated pending bill, 2007 -7, be placed on the Informal Calendar at this time. (c) Rezoning 4.5 Acres of Land Located at Tomlee Road / South Ten Mile Drive Area, and Associated Comprehensive Plan Amendment A presentation was made by City Planner Janice McMillan giving the background of the request for the rezoning. Following her presentation, the following persons came forward to speak regarding the proposed rezoning. In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated briefly his company's reasons for the request, and stated he would answer any questions. No questions were asked. Mr. William ( "Bill ") Gratz, 2315 Rt. M, stated he believes the rezoning would be favorable to everyone in the area. No one requested to speak in opposition. 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. Bill 2007 -8, 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 4.43 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF MISSOURI BOULEVARD AND HIGHWAY 179 AND AT THE INTERSECTION OFTOMLEE ROAD AND SOUTH TEN MILE REGULAR COUNCIL MEETING MAY 21, 2007 3 DRIVE, LOCATED IN LOTS 21, 22 AND PART OF LOTS 23 AND 24 OF KENBORG HILLS SUBDIVISION AND SIX METES AND BOUNDS PARCELS LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44, RANGE 12, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2007 -8 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14195: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, and Smith Nay: Penfold (d) Rezoning 0.45 Acres of Land Addressed as 603 Heisinger Road A presentation was made by City Planner Janice McMillan giving the background of the request for the rezoning. Following her presentation, the following persons came forward to speak regarding the proposed rezoning. In favor: Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, stated briefly his company's reasons for the request, and stated he would answer any questions. No questions were asked. No one requested to speak in opposition. 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. Bill 2007 -9, 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 0.45 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY LOCATED AT 603 HEISINGER ROAD LOCATED IN PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2007 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14196: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and REGULAR COUNCIL MEETING MAY 21, 2007 4 Smith Nay: None 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. Planning & Zoning Commission, April 12, 2007 b. CAMPO Technical Committee, April 5, 2007 c. Transportation & Traffic Commission, April 5, 2007 d. Finance Reports for March, 2007 e. Historic Preservation Commission, April 10, 2007 f. CVB Minutes for March, 2007 (on file in City Clerk's Office) g. Appointment Review Committee, March 12, 2007 h. Housing Authority Board of Commissioners, April 24, 2007 Mayor John Landwehr thanked the citizens on the various City boards and commissions for their contribution to the community in this important capacity. COUNCIL LIAISON REPORTS Administration Committee - report on May 15 meeting - Chairwoman Cindy Layton reported on the May 16 meeting, and announced that the next meeting will be held on June 6 at 11:30 AM. Finance Committee - Chairman Kenneth Ferguson reported on the May 18 meeting, and stated he wants to move the $17,500 Highway 50 study funding to the entire Council to determine whether to use existing funds or wait until the next budget season. The Committee did want to move it forward in the form of a resolution at the June 4 Council meeting. The next meeting of the Finance Committee will be June 15 following the Brown Bag meeting. Public Safety Committee - Chairman Brown reported two items which will be submitted to the Council shortly: assaulting police officers and changes to Chapter 11 (emergency management) of the Code. He did not know the date of the next meeting yet. Public Works & Planning Committee - Vice Chairman Harvey announced that the next REGULAR COUNCIL MEETING MAY 21, 2007 meeting will be held May 24 at 7:45 A.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS 5 Mayor John Landwehr asked Human Resources Director Gail Strope to make an announcement regarding the City's first "Volunteer Appreciation Luncheon." Ms. Strope stated that anyone currently serving on a City Board or Commission is invited to be honored at an appreciation luncheon to be held May 23 from 11:30 A.M. - 1:00 P.M. at the Shikles Auditorium. Mayor John Landwehr announced that a trip is being planned for a group of Jefferson City citizens to travel to Muenchberg, Germany in October, and stated more information will be made available for those interested in going as details are finalized. APPOINTMENTS BY THE MAYOR The following appointments were recommended by Mayor John Landwehr for Council approval: Council Liaisons to Following Boards and Commissions: 1. CAMPO - Crane, Ferguson, Koon, Penfold 2. Convention & Visitor's Bureau (CVB) - Layton 3. Economic Development Advisory Board - DEFERRED 4. Electrical Review Board - Klindt 5. Plumbing Examiners & Review Boards - Klindt 6. E -911 Committee - Brown 7. Environmental Quality - Penfold 8. Historic Preservation Commissions - Ferguson 9. Human Relations Commission - Koon 10.Industrial Authority - Harvey 11.JCTV Steering Committee - Crane 12. Parks & Recreation Commission - Smith 13. Site Development Review - Medin 14. Tax Increment Finance (TIF) - Harvey REGULAR COUNCIL MEETING MAY 21, 2007 6 15. Transportation & Traffic Commission - Medin 16. USS Jefferson City Submarine Committee - Smith Ad Hoc Committees 1. Storm Water Advisory Committee (SWAC) Harvey & Klindt A motion was made by Councilman Kevin Brown, seconded by Councilman Jim Penfold, that the appointments be approved as recommended. Motion was approved unanimously. Appointments to Boards and Commissions BOARD RECOMMENDED EXPIRES TERM Planning & Zoning Ralph Robinett May 2011 Full Planning & Zoning Rhonda Hoskins May 2011 Full Planning & Zoning -Alt. Chris Jordan May 2011 Full Planning & Zoning -Alt. Chris Yarnell May 2011 Full Parks & Recreation Michael Couty May 2010 Full Parks & Recreation Bryan Pope May 2010 Full Parks & Recreation Linda McAnany May 2010 Full Parks & Recreation Edith Vogel May 2008 Partial Trans. & Traffic Bill Washburn June 2010 Full USSJC Submarine Edmond Irwin June 2010 Full USSJC Submarine Melody Green June 2010 Full SWAC Committee Mike Bates May 2008 Full SWAC Committee Jason Schwartz May 2008 Full SWAC Committee Bill Washburn May 2008 Full MSP Commission Michael Berry May 2008 Full Human Relations Com. Steve Hope Dec 2008 Partial Councilman Rich Koon asked about appointments to vacancies for Ward Two. Councilman Jim Penfold stated that there were some appointments which will be submitted to the Council in June which should fill those vacancies. A motion was made by Councilman Mike Harvey for approval of the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously. REGULAR COUNCIL MEETING MAY 21, 2007 PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS 7 City Counselor Nathan Nickolaus made a presentation regarding the recent emergency flooding activities and how the emergency process worked in the region. Following his presentation, he answered questions asked by the Council. Mayor John Landwehr stated he would like for staff to make a Staff Flood Mitigation Report on a quarterly basis, and requested that it be placed on the first meeting in September for another report. Human Resources Director Gail Strope introduced three interns which will be working in various city departments this summer. She stated two more interns will be arriving within the next couple of weeks, and indicated the Council will be seeing them at city hall and attending City Council meetings and possibly other meetings over the summer. PRESENTATIONS FROM THE GALLERY Mr. Leonard Steinman, 110 N. Lincoln, made announcements regarding Memorial Day services which will be held at the National Cemetery on E. McCarty Street. Ms. Beth Harris, 409 Stadium, made comments regarding the city's recently passed ordinance pertaining to parking in driveways. Following her presentation, Mayor John Landwehr stated Assistant Community Director Charles Lansford is present and will be glad to speak with Ms. Harris in the lobby following her presentation to answer any further questions and give her additional information which she may need to know about the issue. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of May 4 and May 7, 2007, City Council Meetings A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda as presented, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED Bill 2007 -16, sponsored by Councilman Ferguson, 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 GENERAL FUND. REGULAR COUNCIL MEETING MAY 21, 2007 8 Bill 2007 -17, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF PARTICIPATING IN THE COST OF AN ENVIRONMENTAL IMPACT STATEMENT AND LOCATION STUDY FOR THE REX WHITTON EXPRESSWAY. Bill 2007 -18 was withdrawn by the sponsor, Councilman Kevin Brown. Bill 2007 -19, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR 2007 THE MILLING AND OVERLAY PROJECT. BILLS PENDING Bill 2007 -4, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, IMPLEMENTING A CRIMINAL BACKGROUND CHECK FOR ALL CITY OF JEFFERSON CITY EMPLOYEES; AND FIXING AN EFFECTIVE DATE. Bill 2007 -4 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14193: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -5, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR CONSTRUCTION OF THE HIGH STREET HANDICAPPED RAMP AND ADAMS STREET CROSSWALK. Bill 2007 -5 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14194: REGULAR COUNCIL MEETING MAY 21, 2007 9 Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -7, 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 3.7 ACRES FROM RS -2, RS -3, RD AND PUD TO C -1 NEIGHBORHOOD COMMERCIAL, FOR PROPERTY LOCATED AT 904 EASTLAND DRIVE LOCATED IN PART OF LOTS 2 AND 3 AND ALL OF LOTS 4, 5 AND 6 OF SCHOTTHILL WOODS SUBDIVISION, SECTION ONE, AND PART OF RESERVED TRACT B OF CYPRESS POINT SUBDIVISION, SECTION TWO, JEFFERSON CITY, COLE COUNTY, MISSOURI. Councilwoman Cindy Layton placed 2007 -7 on the Informal Calendar during Public Hearings earlier in the meeting. Bill 2007 -10, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS EXCAVATING COMPANY, INC. FOR YARD WASTE DROP OFF AND COMPOSTING SERVICES. Bill 2007 -10 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14197: Aye: Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: Brown Bill 2007 -11, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, SECTION 21 -9 BY SETTING AN ADMINISTRATIVE FEE FOR THE COST OF ABATING NUISANCES. Bill 2007 -11 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14198: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None REGULAR COUNCIL MEETING MAY 21, 2007 10 Bill 2007 -12, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 5 (ANIMALS), SECTION 4 (DEFINITIONS), OF THE CODE OF THE CITY OF JEFFERSON BY ADDING A DEFINITION FOR THE TERM "HARBOR ". Bill 2007 -12 was read third time by title, placed on final passage and passed, as substituted at the May 7, 2007 meeting, by the following roll -call vote as Ordinance 14199: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -13, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 21, IN REGARDS TO WEEDS Bill 2007 -13 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14200: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -14, sponsored by Councilman Brown, 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 GENERAL FUND. Bill 2007 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14201: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -15, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH COUNTY OF COLE AND JEFFERSON CITY AREA CHAMBER OF COMMERCE. Bill 2007 -15 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14202: REGULAR COUNCIL MEETING MAY 21, 2007 11 Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None RESOLUTIONS Councilman Kevin Brown stated he is recusing himself from discussion or action on RS2007 -6 due to a conflict of interest, and left the Council Chambers until after the discussion and vote was concluded. RS2007 -6 City IP Telephone System (Crane) A motion was made by Councilman Kenneth Ferguson for adoption of RS2007 -6, seconded by Councilman Jim Penfold, and approved unanimously with Councilman Kevin Brown abstaining and being absent during the vote. Councilman Brown returned to the council chambers during discussion of Resolution RS2007 -7. RS2007 -7 Adopting the 2007 Update to the Jefferson City Area Greenways Plan as part of the City's Comprehensive Plan (Smith) A motion was made by Councilman Jim Penfold for adoption of RS2007 -7 as presented, seconded by Councilman Rich Koon, and approved unanimously. SCHEDULED REPORTS There were no reports brought before the Council at this time. NEW BUSINESS Councilman Kevin Brown commended the Jefferson City Master Gardeners for their hard work to beautify the uptown area. Parks & Recreation Director Bill Lockwood more in detail. He stated there is still work to be done, but they are making good progress. Councilman Rich Koon asked if anyone knows the status of the St. Mary's hospital project. Mayor John Landwehr stated that he remains cautiously optimistic about the project. REGULAR COUNCIL MEETING MAY 21, 2007 12 Councilman Kenneth Ferguson asked if the legislative session which just concluded would have any impact on the City. Mayor John Landwehr stated he planned to have the City's lobbyist, Tom Rackers, and City Counselor Nathan Nickolaus, to make a report at a future work session. Mr. Nickolaus did give a very brief report, but that some issues are still being printed in their final format so the city has not even had a time to see the finished products yet. Councilman Kevin Brown asked if the Council could receive a synopsis document before it is discussed at a work session. Mr. Nickolaus said he would provide the Council with a synopsis. City Counselor Nathan Nickolaus recommended that the Council may wish to continue the Eastland Drive rezoning public hearing to a date certain. A motion was made by Councilman Kevin Brown to continue that hearing until the June 18, 2007 Council meeting, seconded by Councilman Kenneth Ferguson, and approved unanimously. APPROVAL OF CLOSED SESSION May 7, 2007, Closed Session -A motion was made by Councilman Kevin Brown to approve the minutes, seconded by Councilman Jim Penfold, and approved unanimously. 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 Brian Crane to go into Closed Session, seconded by Councilman Kevin Brown, and approved unanimously by the following roll -call vote at 7:50 P.M.: Aye: Brown, Crane, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Smith Nay: None