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
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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
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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
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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