HomeMy Public PortalAbout20090518REGULAR COUNCIL MEETING MAY 18, 2009 1
CALL TO ORDER
The Regular Council Meeting of May 18, 2009, was convened at 6:05 P.M. by Mayor John
Landwehr.
ROLL CALL
The following Council Members were present for the roll call:
Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Absent: None
A quorum was declared present.
Mayor John Landwehr stated that staff may need to make an announcement about the Fire
Code due to the large number of persons attending the meeting tonight. Jason Turner of the
Jefferson City Fire Department stated that he would waive the fire code requirements as
long as persons do not block the aisles and keep the main doorway clear. He asked that
other staff persons at the meeting would assist in making sure those two conditions are
maintained throughout the meeting.
Mayor John Landwehr stated that the Council wished to allow persons listed under the
category of "Presentations from Staff, Consultant, and Invited Guests" at this point due to
the fact that the public hearings will take several hours. No one objected to allowing those
presentations being made at this time. He stated that under public hearings, the Council has
indicated they wished to take up items (a) and (d) first because items (b) and (c) would
probably be quite lengthy.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Mr. Phil Freeman made a presentation regarding the Old Towne rehabilitation and Prison
Redevelopment projects. He urged the Council to adopt a resolution stating the Council's
support of the Missouri General Assembly's approved appropriation for the design and
construction of the Lafayette Street Interchange at Highway 50/63. Mayor John Landwehr
stated that Resolution RS2009 -2 on tonight's agenda will accomplish that. Mr. Freeman
asked that the Old Towne Company would be happy to participate in the next Capital
Improvement Projects sales tax campaign.
REGULAR COUNCIL MEETING MAY 18, 2009 2
Mr. Randy Hollis, Regional Government Relations Representative for Mediacom, made a
presentation regarding recent changes in his company as well as in the broadcast industry
as it related to the new digital broadcast format. He explained how customers can continue
to receive the programs being broadcast by Mediacom, and answered questions specifically
related to the local cable access channel, JCTV. He stated anyone who still had problems
should contact Mediacom for assistance.
PUBLIC HEARINGS
(a) Rezoning 1.11 Acres from RS -1 to RA -1 and Endorsing Associated Comprehensive
Plan Amendment for Land Addressed as 3139 Algoa Road
City Planner Janice McMillan made a staff presentation regarding the background of the
requested rezoning. Following her presentations, the following persons spoke on the issue:
Mr. Mike Bates, Central Missouri Professional Services, offered to answer any questions
on behalf of the applicant. No questions were asked.
There being no further persons wishing to speak on the issue, Mayor John Landwehr
declared the evidentiary portion of the public hearing concluded and stated that the Council
will now take up the associated pending bill.
Bill 2009 -7, sponsored by Councilman Klindt, 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 1.11 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO
RA -1 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 3139 ALGOA ROAD,
DESCRIBED AS LOT 13 OF SCOTTANIA SUBDIVISION, SECTION TWO, JEFFERSON
CITY, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE
DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH
CHANGE.
Bill 2009 -7 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14528:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
(d) Zoning Text Amendment to Chapter 35, including Sections 35 -40 Permitted
Accessory Uses, Section 35 -41 Specific Use Standards, Section 35 -92 Definitions
and Section 35 -95 Fees Pertaining to the Keeping of Horses
City Planner Janice McMillan made a staff presentation regarding the background of the
Zoning Text Amendment and answered questions asked by the Council on the issue.
Following her presentations, no one present came forward to speak on the issue.
REGULAR COUNCIL MEETING MAY 18, 2009 3
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded and
stated that the Council will now take up the associated pending bill.
Bill 2009 -10, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35,
THE ZONING CODE, INCLUDING SECTION 35 -41 SPECIFIC USE STANDARDS,
PERTAINING TO THE KEEPING OF HORSES.
Bill 2009 -10 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14531:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Mayor John Landwehr turned the Chair over to President Pro Tempore Mike Harvey at this
point in the meeting and recused himself from discussion or action on items (b) and (c).
President Pro Tempore Mike Harvey stated that the Council had indicated a wish to amend
the agenda at this point. A motion was made by Councilman Dan Klindt to amend the
agenda so that the Council will vote on Bill 2009 -9 before it votes on 2009 -8, and that the
public hearings for both be conducted simultaneously. The motion was seconded by
Councilman Bob Scrivner and approved unanimously.
(a) Rezoning 1.05 Acres from M -1 to PUD and Endorsing Associated Comprehensive
Plan Amendment for Land at 2131 E. McCarty Street
(b) Approval of Preliminary Plan Unit Development Plan for 2131 E. McCarty Street City
Planner Janice McMillan made a staff presentation regarding both issues. Following her
presentation, a motion was made by Councilman Dan Klindt to accept the Substitute Bill
2009 -9 which was previously distributed to the Council at the pre- meeting. Motion was
seconded by Councilman Bob Scrivner and approved unanimously by the following roll -call
vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
At the conclusion of staff presentation, the following persons came forward to speak on the
issue:
Mr. Duane Schreimann, attorney for Midwest Block and Brick, and Mr. Patrick Dubbert,
Owner of Midwest Block and Brick, made a joint presentation in favor of the rezoning and
the PUD plan. Mr. Schreimann explained restrictions on the Company which would be
accomplished by the "Declaration of Protective Covenants and Restrictions" which the
applicant would have recorded at the County if zoning and PUD Plan ordinances are
REGULAR COUNCIL MEETING MAY 18, 2009 4
approved by the Council. Mr. Schreimann stated that applicant does not agree with the
interpretation of the rules requiring a two - thirds super majority based on the petitions which
have been received by the City. Mr. Dubbert continued with a lengthy presentation and
answered questions asked by the Council at the conclusion of the presentation.
Mr. Mike Bates, Central Missouri Professional Services, spoke in favor of the issue and
answered questions regarding the PUD plan.
Mr. Darrel Winegar, General Manager of Midwest Block and Brick, spoke in favor of the
Rezoning and the PUD Plan, and answered questions about the issues of dust, truck traffic,
and noise. He stated that he believes there is a problem with trucks being able to navigate
the new roundabout at E. McCarty / Hwy. 50 near the new Walmart and that is why some
trucks are using the Clark Avenue route to get to Hwy. 50.
At the conclusion of the above presentations, Mr. Schreimann asked those in attendance
tonight in support of the issue to stand.
Mr. Paul Bertrand, George Butler and Associates, made a presentation regarding the issue
of sound / noise associated with Midwest Block and Brick. Following his presentation he
answered several questions asked by the Council.
Mr. Randy Allen, Jefferson City Area Chamber of Commerce, spoke in favor of the issue.
Councilman Jim Penfold asked whether Mr. Allen was speaking as himself as an individual
or on behalf of the Chamber. Mr. Allen stated that the Chamber knew of his statements of
support of this issue as the Chamber's policy is to support the expansion of business in the
City. He stated this would qualify as a business expansion which the Chamber would
support.
President Pro Tempore Mike Harvey called for a brief recess at this point in the meeting
(8:55 P.M.)
The meeting was reconvened at 9:10 P.M. by President Pro Tempore Mike Harvey with the
following Council Members present:
Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Absent: None
Mr. Roger Schrimpf spoke in favor of the proposed rezoning and PUD Plan.
Ms. Rosie Schaefer spoke in favor of the proposed rezoning and PUD Plan.
Pat Schaefer spoke in favor of the proposed rezoning and PUD Plan.
Ms. Keeley Prohaska spoke in favor of the proposed rezoning and PUD Plan.
Ms. Tanya Dixon spoke in opposition to the proposed rezoning and PUD Plan.
REGULAR COUNCIL MEETING MAY 18, 2009 5
Mr. Michael Gordon spoke in favor of the proposed rezoning and PUD Plan.
Mr. Skip Walther, Attorney, representing Mr. Tom Landwehr and the neighbors, stated the
opposition of neighbors in the area of the proposed rezoning and PUD Plan. He answered
questions following his presentation.
Ms. Carol Otto spoke in opposition to the proposed rezoning and PUD Plan.
Mr. Bill Landwehr spoke in opposition to the proposed rezoning and PUD Plan.
Mr. Jim Kemna spoke in opposition to the proposed rezoning and PUD Plan.
Mr. Rod Stewart spoke in opposition to the proposed rezoning and PUD Plan.
Ms. Lorraine Parker spoke in opposition to the proposed rezoning and PUD Plan.
Mr. Tom Landwehr spoke in opposition to the proposed rezoning and PUD Plan.
Ms. Debbie Rice spoke in opposition to the proposed rezoning and PUD Plan.
Mr. Eric Landwehr spoke in opposition to the proposed rezoning and PUD Plan.
There being no further persons wishing to speak on the issue, President Pro Tempore Mike
Harvey declared the evidentiary portion of the public hearings concluded, and stated that
the Council will now take up the associated pending bills, in the order previously approved
by the Council earlier in the meeting.
Bill 2009 -9, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 2131 EAST McCARTY
STREET; DESCRIBED AS PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON
CITY, COLE COUNTY, MISSOURI.
Bill 2009 -9 was read third time by title, placed on final passage and passed, as substituted,
by the following roll -call vote as Ordinance 14530:
Aye: Carroll, Klindt, Koon, Medin, Pope, Scrivner, and Struemph
Nay: Ferguson, Harvey, and Penfold
Bill 2009 -8, sponsored by Councilman Klindt, 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 1.05 ACRES FROM M -1 LIGHT INDUSTRIAL TO PUD
PLANNED UNIT DEVELOPMENT, AND ENDORSING AN AMENDMENT ON THE
DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN FOR 4.95 ACRES, FOR
LAND ADDRESSED AS 2131 EAST MCCARTY STREET, DESCRIBED AS PART OF THE
REGULAR COUNCIL MEETING MAY 18, 2009 6
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP
44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2009 -8 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14529:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Pope, Scrivner, and
Struemph
Nay: Penfold
President Pro Tempore Mike Harvey called for a brief recess at 11:15 P.M.
Mayor John Landwehr reconvened the meeting at 11:20 P.M. with the following Council
Members present:
Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
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. Housing Authority Board of Commissioners, March 24, 2009
b. CVB Reports and Minutes, March 2009 (on file for review in City Clerk's office)
c. Finance Committee, March 13, 2009
d. USS Jefferson City Submarine Committee, October 9, 2008
e. Planning & Zoning Commission Special Meeting, April 2, 2009
Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for
their vital contribution to our community.
COUNCIL LIAISON REPORTS
Administration Committee - No reports were given at this time.
Finance Committee - No reports were given at this time.
Public Safety Committee - No reports were given at this time.
REGULAR COUNCIL MEETING MAY 18, 2009 7
Public Works & Planning Committee - Councilman Jim Penfold reported that a meeting
will be held on Thursday, May 21 at 7:30 A.M. and the issue of the Wastewater Treatment
disinfection plan will be discussed.
Ad Hoc Committees, if any:
No ad hoc committee reports were given at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
Charlie Lansford made an announcement regarding the annual Tire and E -Waste Collection
event which will occur on Saturday, June 6, at the Cole County Public Works facility located
at 5055 Monticello Road. A fee will be required to drop off materials.
APPOINTMENTS BY THE MAYOR
The following appointments were recommended for Council approval by Mayor John
Landwehr:
(a) City Council Liaison Appointments:
CAMPO: Ferguson, Koon, Penfold, Struemph
Airport Advisory Committee: Penfold
Chamber Economic Development as follows:
Site Development Review Board: Scrivner, with Medin as alternate
Transportation Committee: Medin, with Scrivner as alternate
CVB: Carroll
Cultural Arts Commission: Struemph
Electrical Examiners & Review Board: Struemph
Plumbing Examiners & Review Board: Struemph
Environmental Quality Commission: Penfold
Historic Preservation Commission: Carroll
Human Relations Commission: Koon
Industrial Authority: Harvey
JCTV Steering Committee: Pope
TIF: Harvey
REGULAR COUNCIL MEETING MAY 18, 2009 8
Transportation & Traffic Commission: Medin
USS Jefferson City Submarine Committee: Koon
(b) Appointments to Following City Boards and Commissions:
Board / Commission Appointment Expires Term Status
Full / Partial
Historic Preservation Commission Art Langston Jan 2011 Partial
Cultural Arts Commission: Cindy Layton Mar 2012 Full
Ann Littlefield Mar 2011 Partial
Mary Ann Hall Mar 2011 Partial
Keith Enloe Mar 2010 Partial
Don Govang Mar 2010 Partial
Bruce Dawson Mar 2010 Partial
A motion was made by Councilman Kenneth Ferguson for approval of the appointments as
presented, seconded by Councilman Bob Scrivner and approved unanimously.
Mayor John Landwehr stated he will recommend an appointment as liaison to the Parks and
Recreation Commission at the June 1 meeting, but he asked Councilmen Ferguson and
Scrivner to decide which of them would like to serve in that capacity and get back to him.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS & RESOLUTIONS
There were no presentations made at this time.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
Minutes of May 1, May 4, and May 11, 2009 City Council Meetings
A motion was made by Councilman Rich Koon for approval of the Consent Agenda as
presented, seconded by Councilman Jim Penfold, and approved unanimously.
BILLS INTRODUCED
REGULAR COUNCIL MEETING MAY 18, 2009 9
Bill 2009 -18, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE TOM, INC. FOR THE
CITY TO BE A HOST CITY FOR THE TOUR OF MISSOURI BIKE RACE EVENT.
BILLS PENDING
Bill 2009 -11, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL SUBDIVISION PLAT OF EMILY LANE SUBDIVISION, SECTION
TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2009 -11 was read third time by title and placed on final passage. A motion was made
by Councilman Jim Penfold, seconded by Councilman Jim Penfold, to accept the Substitute
Bill 2009 -11 which was previously distributed to the Council. Motion was approved
unanimously. Bill 2009 -11 was then passed, as substituted, by the following roll -call vote as
Ordinance 14532:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Bill 2009 -12, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4
(ALCOHOLIC BEVERAGES) TO REVISE THE APPLICATION PROCESS AND REORDER
THE CHAPTER.
Bill 2009 -12 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14533:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Bill 2009 -13, sponsored by Councilwoman Carroll, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY,
MISSOURI, PERTAINING TO SMOKING IN CITY VEHICLES.
Bill 2009 -13 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14534:
REGULAR COUNCIL MEETING MAY 18, 2009 10
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
Bill 2009 -15, sponsored by Councilwoman Carroll, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT ON BEHALF OF
THE CITY OF JEFFERSON WITH THE MISSOURI DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM, AND
AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY
APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND.
Councilman Ron Medin stated that he will be recusing himself from any discussion or action
on this bill due to a conflict of interest. Bill 2009 -15 was read third time by title, placed on
final passage and passed by the following roll -call vote as Ordinance 14535:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
Abstain: Medin
Bill 2009 -17, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH MIDWEST ATC SERVICE, INC., FOR THE PURPOSE OF PROVIDING AIR
TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR
THE PERIOD OF OCTOBER 1, 2008 TO SEPTEMBER 30, 2009.
Bill 2009 -17 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14536:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
RESOLUTIONS
RS2009 -2 Supporting the Missouri General Assembly Approved Appropriations for
Design and Construction of the Lafayette Street Interchange at Highway 50/63
(Medin, Klindt, Struemph, Koon, Pope, Penfold, Scrivner, Carroll, Harvey, and
Ferguson)
REGULAR COUNCIL MEETING MAY 18, 2009 11
A motion was made by Councilman Mike Harvey for adoption of RS2009 -2 as presented,
seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call
vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner,
and Struemph
Nay: None
NEW BUSINESS
No new business was brought up at this time.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
There were no presentations made at this time.
COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS
There was no discussion at this time.
ADJOURNMENT
There being no further business brought before the Council, a motion for adjournment was
made by Councilman Ron Medin, seconded by Councilman Jim Penfold, and approved
unanimously at 11:35 P.M.