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HomeMy Public PortalAbout20100920REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 1 CALL TO ORDER The Regular Council Meeting of September 20, 2010, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: None A quorum was declared present. Mayor John Landwehr asked if anyone present wished to be added to the list of those who would like to make a presentation to the Council tonight, and added those names to the list. PUBLIC HEARINGS (a) Rezoning 3.6 Acres at 2900 Block of West Edgewood Drive, North Side, from RS -1 to C -2 City Planner Janice McMillan made a staff presentation giving the background of the proposed rezoning. Following staff testimony, the following persons spoke on the issue: Developer Presentation: Mr. Paul Beck spoke on behalf of his parents, Leon and Carol Beck, owners of the subject property, and answered questions asked by the Council. In Opposition: Matt and Teresa Tolksdorf stated they own, and reside at, the property to the west of the area subject to the rezoning. They commented on previously developed property by the same property owner which involved removal of all the trees, and requested that the tree buffer be maintained if the current rezoning is approved. In favor: REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 2 No one came forward to speak in favor of the issue. At the conclusion of public comment, Mayor John Landwehr asked if the developer had any closing comments. Mr. Paul Beck explained that since the subject property is now inside the City limits, the buffer of trees is a requirement as part of City zoning regulations. At the conclusion of all public comments, Mayor John Landwehr announced that the Council will now take up the associated pending Bill. Bill 2010 -56, sponsored by Councilman Struemph, 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 3.6 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (NORTH SIDE), CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -56 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14718: Aye: Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: Carroll and Pope (b) Rezoning 13 Acres at 2900 Block of West Edgewood Drive, South Side, from RS -1 to C -2 City Planner Janice McMillan made a staff presentation explaining the proposed rezoning. Following her presentation, the following persons came forward to speak on the issue: Developer Presentation: Mr. Paul Beck spoke on behalf of his parents, Leon and Carol Beck, owners of the subject property. Public Comments: There were no persons who came forward to speak in favor of, or in opposition to, the proposed rezoning. Mayor John Landwehr announced that the Council will now take up the associated pending REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 3 Bill 2010 -57, sponsored by Councilman Struemph, 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 13 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (SOUTH SIDE), CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -57 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14719: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Mayor John Landwehr asked the Council if they would agree to allow him to take up Miscellaneous Agenda Items at this time due to the fact that public hearing item (c) will probably be quite lengthy. The Council agreed that the Mayor could take up the proclamation that is scheduled to be presented at this time. MISCELLANEOUS AGENDA ITEMS - taken up out of order Proclamation for Constitution Week Presented to Katie Winkler, Daughters of the American Revolution (DAR) - Mayor John Landwehr read and presented the proclamation to Ms. Winkler, who thanked him on behalf of the members of DAR. PUBLIC HEARINGS - continued (c) Rezoning 2.51 Acres at 315 Flora Drive from C -2 and PUD to RA -1 City Planner Janice McMillan made a staff presentation explaining the background of the proposed rezoning, and answered questions asked by the Council. Following the staff presentation, the following persons came forward to speak on the issue: Developer Presentation: Mr. Mike Bates and Mr. Harold McDowell made a joint presentation regarding the REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 4 proposed development and answered several questions asked by the Mayor and Council. In Opposition: The following persons stated their opposition to the proposed rezoning and use of the property to build apartments. Ms. Lindsay T. Wolf Ms. Barbara Wood Heinrich Mr. Jon Esterline, owner if Sk8zone roller rink Mr. Glen Prenger Ms. Lois Chorister Ms. Betty Beck In Favor: No one spoke in favor of the proposed rezoning. Developer Closing Comments: Mr. Mike Bates and Mr. Harold McDowell answered several of the questions which were raised by the opponents who spoke previously, and answered further questions from the Council. Mayor John Landwehr announced that the Council will now take up the associated pending Bill. Bill 2010 -55, sponsored by Councilman Struemph, 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 2.51 ACRES FROM C -2 GENERAL COMMERCIAL AND PUD PLANNED UNIT DEVELOPMENT TO RA -1 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 315 FLORA DRIVE, CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -55 was read third time by title and placed on final passage. Following a lengthy discussion by the Council, Bill 2010 -55 was then defeated by the following roll -call vote: Aye: Harvey, Koon, Scrivner, and Weber Nay: Carroll, Griffith, Medin, Penfold, Pope, and Struemph REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 5 RECESS Mayor John Landwehr called for a brief recess at 7:50 P.M. RECONVENE The meeting reconvened at 7:57 P.M. with the following Council Members Present: Present: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: None MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office: a. Public Safety Committee, July 2, 2010 b. Council Committee on Administration, July 7 and August 4, 2010 c. Plumbing Board of Review & Examiners, June 30, 2010 d. Ad Hoc Committee on Old Town, August 24, 2010 e. Cultural Arts Commission, July 31, 2010 f. CAMPO Technical Committee, July 1, 2010 g. CAMPO Board of Directors, August 18, 2010 h. August Finance Reports i. Parks & Recreation Commission, August 10, 2010 j. Old Town Revitalization Board of Directors, June 16 and August 18, 2010 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL LIAISON REPORTS REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 6 Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be held on Wednesday, October 6 at 8:00 A.M. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on October 15 immediately following the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the next Committee meeting will be Friday, October 1, immediately before the Brown Bag work session, at Fire Station One. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on September 22 at 7:30 A.M. and noted that this is a change in meeting days from Thursday to Wednesday for this meeting only. Ad Hoc Committees, if any: There were no ad hoc reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Charlie Lansford made an announcement about the upcoming Household Hazardous Waste Drop -off Event which will occur on September 25. He stated citizens wishing to utilize the services should call 634 -6410 or 874 -7574 to reserve a time to drop off items. Those who do not call will be charged to participate. Mayor John Landwehr announced that this coming Saturday, September 25, is the date of the annual Oktoberfest in the Old Munichburg section of the City and invited citizens to attend that event. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: (a) Appointments to City Boards and Commissions: Board Name Expires Status Board of Adjustment Kevin Meinhardt Sept. 2015 Full Andrew Haake Sept. 2011 Full /Alt. Glenn Bonner Sept. 2011 Full /Alt. REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 7 Stacy Young Sept. 2011 Full /Alt. A motion was made by Councilman Dave Griffith for approval of the appointments as recommended, seconded by Councilman Mike Harvey, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Human Resources Director Gail Strope made a presentation regarding City Employee Benefits and answered questions asked by the Council. Mayor John Landwehr thanked Ms. Strope for her comprehensive report. Mayor John Landwehr asked Assistant to the City Administrator Melva Fast to make a presentation at the next Council Meeting regarding the Greening of America's Capitals. Councilman Ron Medin asked Ms. Fast to invite Mr. Jim Crabtree to participate in that presentation. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Arthur Brown made a presentation regarding Bill 2010 -62 and asked that the Council place the initiative petition issue on the April 5, 2011 ballot. Mr. Ray Walker read a prepared statement which stated his opinion that the petition language contained in Bill 2010 -62 should have been enacted by the Council rather than placed on a ballot. Mr. Joe Wilson made comments regarding Bill 2010 -68 pertaining to the issue of the welfare of cats and dogs. Dr. Gene Rooney stated that he is opposed to Section 2 of Bill 2010 -68 pertaining to the feeding of feral cats on public -owned property. Mr. Charles Gaskin made comments regarding Bill 2010 -67 and stated his opinions regarding what he believed were incorrect estimates and calculations of number of households receiving trash and curbside recycling. Mr. Michael Brownstein stated that he wished to remind the City Council that he had predicted controversy with the issue of the trash and recycling issue as enacted. Mr. Ed Storey made comments regarding Bill 2010 -68 pertaining to animals and stated in his opinion everyone would feed a hungry animal that came to their door. Mayor John Landwehr informed Mr. Storey that the ordinance to which he referred does not prohibit feeding of animals on private property, but rather feeding of feral animals on property owned by City taxpayers. REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 8 CONSENT AGENDA The following were presented to the Council for approval: a. Minutes of September 3 and September 7, 2010, City Council Meetings b. Appointing Nathan Nickolaus as Employer Representative to LAGERS A motion was made by Councilman Jim Penfold for approval of the Consent Agenda, seconded by Councilman Dave Griffith, and approved unanimously. BIDS OVER $25,000 Bid 2496 Manhole Rings, Covers & Riser, Community Development, Wastewater (sent to Council 9/3/2010) A motion was made by Councilman Mike Harvey for approval of Bid 2496 as presented, seconded by Councilman Dave Griffith, and approved unanimously. BILLS INTRODUCED Bill 2010 -64, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO POLITICAL AND RELIGIOUS SIGNS. Bill 2010 -65, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 OF THE CITY CODE BY ADDING ONE NEW ARTICLE CREATING A SIDEWALK IMPROVEMENT PROGRAM. Bill 2010 -66, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 14417. Bill 2010 -67, sponsored by Councilwpman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 9 MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION AND REMOVAL CONTRACT. Bill 2010 -68, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO THE HEALTH AND WELFARE OF CATS AND DOGS. Councilwoman Carrie Carroll stated that she had received a call from constituent Nancy Rau who indicated she could attend tonight's meeting, but requested that Councilwoman Carroll relay her opposition to this ordinance to the City Council. Bill 2010 -69, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH COLE COUNTY, MISSOURI AND SSM REGIONAL HEALTH SERVICES. Bill 2010 -70, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COST SHARE AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. BILLS PENDING Bill 2010 -58, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2010 TO OCTOBER 31, 2011, REFLECTING FUNDS AS APPROVED IN THE FY 2011 UNIFIED PLANNING WORK PROGRAM. Bill 2010 -58 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14720: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -60, sponsored by Councilman Medin, entitled: REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 10 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF ADAMS STREET. Bill 2010 -60 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14721: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -61, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF BROADWAY STREET. Bill 2010 -61 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14722: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -62, sponsored by Councilman Medin, entitled: AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE ELIMINATING THE REQUIREMENT THAT TRASH ONLY BE COLLECTED BY AN AUTHORIZED COLLECTOR, AS SUBMITTED BY AN INITIATIVE PETITION FROM REGISTERED VOTERS OF THE CITY OF JEFFERSON, MISSOURI, AND SETTING THE DATE FOR SUCH ELECTION. Bill 2010 -62 was read third time by title and placed on final passage. Following discussion, a motion was made by Councilman Mike Harvey to amend Bill 2010 -62 by inserting "April 5, 2011" as the ballot date in Section 1 of the bill, seconded by Councilman Dave Griffith, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -62 was then passed, as amended, by the following roll -call vote as Ordinance 14723: REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 11 Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -63, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JFCHC, LLC. Bill 2010 -63 was read third time by title and placed on final passage. A motion was made by Councilman Jim Penfold, seconded by Councilman Rich Koon, to accept Substitute Bill 2010 -63 previously distributed to the Council, and approved unanimously. Bill 2010 -63 was then passed, as substituted, by the following roll -call vote as Ordinance 14724: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar. RESOLUTIONS RS2010 -28 Authorizing Contract with Mercy Health Plans for Employee Health Insurance Benefits (Koon) Staff: Gail Strope A motion was made by Councilman Mike Harvey for adoption of RS2010 -28 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None RS2010 -29 Authorizing Contract with Delta Dental for Employee Dental Benefits (Koon) Staff: Gail Strope A motion was made by Councilman Rich Koon for adoption of RS2010 -29 as presented, REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 12 seconded by Councilman Eric Struemph, and approved unanimously by the following roll - call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: None Abstain: Pope RS2010 -30 Authorizing 1/2 Cent Sales Tax Revenue to Facilitate Sidewalk Repairs (Penfold) Staff: Nathan Nickolaus Councilman Jim Penfold stated he wished to withdraw RS2010 -30 at this time. RS2010 -31 Declaring Official Intent Regarding Financing Conference Center (Penfold) Staff: Steve Rasmussen A motion was made by Councilman Jim Penfold for adoption of RS2010 -31 as presented, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Michael Brownstein made comments regarding the City's ordinances on loud noise, and asked if it is correct that a police officer is not allowed to issue a citation for noise without the complaint of a citizen first. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS REGULAR COUNCIL MEETING SEPTEMBER 20, 2010 13 City Counselor Nathan Nickolaus answered questions about Mr. Brownstein's presentation regarding noise. He stated that the law as currently on the books does not allow a "peace disturbance" citation to be issued by a police officer unless the peace being disturbed is that of a citizen who has made a complaint. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES a. Minutes of September 7, 2010, Closed Session A motion was made by Councilman Mike Harvey for approval of the minutes as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None ADJOURNMENT A motion to adjourn was made by Councilman Dave Griffith, seconded by Councilman Bob Scrivner, and approved unanimously at 10:05 P.M.