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Home My Public Portal About20050418 OLD COUNCIL REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL CALL TO ORDER The Regular Council Meeting of April 18, 2005, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Rev. John Skiles, Solid Rock Family Church, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Absent: None A quorum was declared present. PUBLIC HEARINGS Mayor John Landwehr asked that, since all three of the public hearing issues were for the same project that the Council consider hear all three at the same time. No one objected to his request. Public Hearings were held on the following three issues pertaining to the same development project: a.Rezoning and Associated Comprehensive Plan Amendments affecting a total of 0.74 Acres located behind land in the 1300 block of West Stadium Boulevard; specifically rezoning 0.09 Acres from RD to C-O, and rezoning 0.65 Acres from C-O to RD, and Associated Comprehensive Plan Amendments to Reflect Such Changes (Brown) b.Rezoning 1.43 Acres located in 1200 Block of West Stadium Boulevard from C-O to C-2 (Brown) c.Rezoning and Associated Comprehensive Plan Amendment for 5.83 Acres located in 1200 Block of West Stadium and 2400 Block of West Edgewood from RD to C-2 (Brown) City Planner Janice McMillan made a presentation on behalf of staff giving details of the REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL background of the proposed rezonings. Following her presentation, she answered questions by the Council. At the conclusion of staff’s presentation, the following persons spoke from the public: In Favor: Mr. Mike Bates and Mr. Larry Lewis made a presentation on behalf of Mr. Lewis, the developer of the proposed project. Mr. Bates distributed maps which the Mayor requested be entered into the public record on this matter. Mr. Bates and Mr. Lewis explained the uses of the property and displayed drawings of the proposed development. Mr. Bates was asked questions asked by the Mayor and Council about details of the development. He indicated that tonight’s hearing is for the rezoning only, and that when the final plans have been submitted, he and Mr. Lewis will work with staff to accommodate any concerns of staff at that time. Opposed: Ms. Susan Bock , 1400 Inglenook Drive, stated that her two main concerns were blasting and water drainage damage to properties in the area. City Planner Janice McMillan was asked to answer her questions regarding these two issues. Ms. McMillan explained that blasting permits are issued by the Jefferson City Fire Department, and that the developer’s insurance agents will do a pre-blast survey of all the properties and document any pre-existing damage, and that any damage which occurs as a result of blasting will be the responsibility of the person performing the blasting. Ms. McMillan also explained how the water drainage will be addressed by a detention basin in the area. Mayor John Landwehr suggested that Ms. Bock keep in touch with Ms. McMillan to keep informed as to how the development schedule is proceeding. There being no further persons wishing to make comments during the public hearing, Mayor John Landwehr declared the evidentiary portion of the hearings concluded. The Council brought forward the bills pending which were directly associated with the above public hearings to consider them at this time: Bill 2004-158, sponsored by Councilman Brown, 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 A TOTAL OF 0.74 ACRE BEHIND LAND TO BE ADDRESSED IN THE 1300 BLOCK OF WEST STADIUM BOULEVARD; INCLUDING SPECIFICALLY REZONING 0.09 ACRE FROM RD ONE AND TWO FAMILY RESIDENTIAL TO C-O OFFICE COMMERCIAL AND REZONING 0.65 ACRE FROM C-O OFFICE COMMERCIAL TO RD ONE AND TWO FAMILY RESIDENTIAL; ALSO DESCRIBED AS LOCATED IN SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL ENDORSING AMENDMENTS ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGES. Bill 2004-158 was read third time by title, placed on final passage and passed by the Ordinance 13863: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-159, sponsored by Councilman Brown, 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 1.43 ACRES FROM C-O OFFICE COMMERCIAL TO C-2 GENERAL COMMERCIAL LAND LOCATED IN THE 1200 BLOCK OF WEST STADIUM BOULEVARD, IN SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2004-159 was read third time by title, placed on final passage and passed by the Ordinance 13864: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-160, sponsored by Councilman Brown, 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 RD ONE AND TWO FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL 5.83 ACRES IN THE 1200 BLOCK OF WEST STADIUM BOULEVARD AND 2400 BLOCK OF WEST EDGEWOOD DRIVE, ALSO BEING LOCATED IN SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AMENDMENTS ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2004-160 was read third time by title, placed on final passage and passed by the Ordinance 13865: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL 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.March 2005 Finance Report b.Certification of April 5 Election Results from Cole County and Callaway County Clerks to City Clerk c.Board of Adjustment, March 8, 2005 d.Police Personnel Board, March 3, 2005 e.Parks & Recreation Commission, March 14, 2005 f.Historic Preservation Commission, March 8, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Edith Vogel announced an invitation received to the annual CURE event which will be held on April 25 at 7:00 P.M. at First Methodist Church. She announced that Councilman Kenneth Ferguson will be honored with an award and encouraged citizens and officials to attend that event. Mayor John Landwehr presented a plaque containing a key to the city, and a USS Jefferson City Submarine t-shirt to outgoing Councilman Roy Viessman. Following his presentation, Councilman Viessman made comments pertaining to Mayor Landwehr, fellow Council Members, and staff, thanking them for their friendship and help during his tenure as a City Council Member. Following his comments, Council Members made their farewell comments to Councilman Viessman. PRESENTATIONS FROM THE GALLERY Mr. Shannon Wade , 2321 Livingston, made comments regarding the city vehicle sale held on April 16. He stated he did not feel the way the sale was conducted was fair to everyone. Following Mr. Wade’s comments, Mayor John Landwehr stated that he has received several REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL calls regarding the sale, and that he is going to ask staff to submit a report on the event so that the city can consider ways to improve the process if they repeat the sale in the future. Mr. Clyde Angle , 3618 W. Gordon Drive, made a presentation on behalf of a citizens’ group called “Citizens for Responsible Government” regarding the T & T Pallet Company fire and the city vehicle sale referenced by Mr. Wade above. Mr. Angle stated he believes the city should bill the T&T Pallet Company for services rendered. He also read several questions he said he would like to have answered regarding the issue of services performed by the city outside the city limits. He stated that he also believes the city vehicle sale was not fair to everyone involved. Following his presentation, several questions were asked by the Mayor and Members of the City Council. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a.Minutes of Council Meetings: April 1 Brown Bag, April 4 Pre-Meeting and Regular Meeting b.Bid 2199 - Four Wheel Utility Vehicle, Community Development, Parking Division Councilman Kevin Brown requested that Item (b) be removed for separate consideration. (a)A motion was then made by Councilman Roy Viessman to approve Item (a) of the Consent Agenda, seconded by Councilman Mike Harvey, and approved unanimously. (b)A motion was made by Councilman Michael Berry for approval of item (b), seconded by Councilman Kenneth Ferguson and approved by the following roll-call vote: Aye:Berry, Ferguson, Layton, Martin, Viessman, and Vogel Nay:Brown, Crane, Harvey, and Schnitzler BILLS PENDING Bill 2004-161, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING FROM RD ONE AND TWO FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL 5.94 ACRES TO BE ACCESSED FROM THE 1300 BLOCK OF CREEK LOCATED IN SECTION 14, TOWNSHIP 44 NORTH, RANGE 12 WEST, TRAIL DRIVE JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Councilman Kevin Brown requested that Bill 2004-161 be withdrawn at this time due to the fact that the News Tribune failed to publish the legal notices required in order for the Council to consider this bill at tonight’s meeting. The notice will be published and the bill will be re-introduced at the second meeting tonight and voted on at the May 2 meeting. Bill 2004-162, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT-OF-WAY ON BERYL STREET, SUBJECT TO THE RETENTION OF EASEMENT RIGHTS Bill 2004-162 was read third time by title, placed on final passage and passed by the Ordinance 13866: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-163, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN A PORTION OF HERITAGE HOLLOW SUBDIVISION. Bill 2004-163 was read third time by title, placed on final passage and passed by the Ordinance 13867: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-164, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401 OF THE CODE OF THE CITY OF JEFFERSON, SCHEDULE H, (YIELD SIGNS), AND SCHEDULE G (STOP INTERSECTIONS), PERTAINING TO THE INTERSECTION OF MULBERRY STREET AT EAST ELM STREET. REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL Bill 2004-164 was read third time by title and placed on final passage. Councilman Jonathon Schnitzler made a motion that the Substitute Bill 2004-164 which has been previously distributed to the Council be accepted at this time, with a further amendment to change the location of “East Elm Street” in the bill’s title to “West Elm Street.” The motion to accept the substitute, as amended, was seconded by Councilman Mike Harvey, and approved unanimously. Bill 2004-164 was then passed, as substituted and amended, by Ordinance 13868: the following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-165, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 AND CHAPTER 35 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE DIVISION NAME TO ENVIRONMENTAL HEALTH SERVICES. Bill 2004-165 was read third time by title, placed on final passage and passed by the Ordinance 13869: following roll-call vote as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None Bill 2004-166, sponsored by Councilmen Layton and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTH OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 20 IN TOWNSHIP 44, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB-SECTION PERTAINING TO THE SAME SUBJECT. Bill 2004-166 was read third time by title and placed on final passage. A motion was made by Councilman Kevin Brown to accept the Substitute Bill 2004-166 which was previously distributed to the Council, seconded by Councilman Michael Berry and approved unanimously. Bill 2004-166 was then passed, as substituted, by the following roll-call vote Ordinance 13870: as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL INFORMAL CALENDAR Bill 2004-157, sponsored by Councilman Viessman, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7, SECTIONS 301 REGARDING THE BOARD OF ELECTRIC EXAMINERS AND REVIEW, AND SECTION 307 REGARDING THE BOARD OF PLUMBING EXAMINERS AND REVIEW BY ALLOWING NON-RESIDENTS TO SERVE AS MEMBERS OF THE BOARD. Councilman Roy Viessman requested that Bill 2004-157 be removed from the Informal Calendar and placed on final passage at this time. Bill 2004-157 was read third time by title and placed on final passage. A motion was made by Councilman Michael Berry to accept Substitute No. 2 to Bill 2004-157 which was previously distributed to the Council, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2004-157 was then passed, as substituted, by the following roll-call vote Ordinance 13871: as Aye:Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Schnitzler, Viessman, and Vogel Nay:None SCHEDULED REPORTS There were no reports schedule for this time. NEW BUSINESS There was no New Business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. APPROVAL OF CLOSED SESSION MINUTES Closed Session Minutes of April 4, 2005: A motion was made by Councilman Kenneth Ferguson for approval of the minutes as presented, seconded by Councilman Jonathon Schnitzler, and approved unanimously. REGULAR COUNCIL MEETING APRIL 18, 2005 - OLD COUNCIL ADJOURN SINE DIE A motion was made by Councilman Kevin Brown that the Council adjourn Sine Die at this time, seconded by Councilman Brian Crane, and approved unanimously at 7:25 P.M. SWEARING IN OF NEWLY ELECTED OFFICIALS th The Oath of Office was administered by the Honorable Patricia Joyce, Circuit Judge, 19 Judicial Circuit, Div. IV, to the following newly-elected City officials: MR-MJ ARK ICHARDSON UNICIPAL UDGE DG-CP ANIEL REEN ITY ROSECUTOR KF-1WC ENNETH ERGUSON ST ARD OUNCILMAN EV-2WC() DITH OGEL ND ARD OUNCILMAN FULL TERM JS-2WC() ONATHAN CHNITZLER ND ARD OUNCILMAN UNEXPIRED TERM BP-3WC RYAN OPE RD ARD OUNCILMAN CL-4WC INDY AYTON TH ARD OUNCILMAN MB-5WC ICHAEL ERRY TH ARD OUNCILMAN