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Home My Public Portal About20080804REGULAR COUNCIL MEETING AUGUST 4, 2008 1 CALL TO ORDER The Regular Council Meeting of August 4, 2008, 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, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and Penfold Absent: None A quorum was declared present. Mayor John Landwehr asked if anyone present wished to have their name added to the existing list of presentations from the gallery and added those who responded. ELECTION OF THIRD WARD COUNCIL MEMBER Mayor John Landwehr stated the Council will now elect a Third Ward Council Member to fill the vacancy which resulted from the resignation of Councilwoman Jane A. Smith, and clarified that a nominee must, by the City's ordinances, receive five votes to be elected. Prior to the vote, Mayor John Landwehr stated that he would allow comments to be made by Council Members who wished to do so. Councilman Jim Penfold and Councilwoman Carrie Carroll made comments regarding their vote. Councilman Dan Klindt expressed appreciation to the four candidates for their interest in serving the City and thanked them for participating in the process. At the conclusion of the remarks, the City Clerk conducted a roll -call vote on the four nominated candidates with the following results: REGULAR COUNCIL MEETING AUGUST 4, 2008 Candidates: Hildebrand Pope Randolph Thompson Carroll X Crane X Ferguson X Harvey X Klindt X Koon X Layton X Medin X Penfold X 2 Mayor John Landwehr announced that, based on the vote, Ms. Anita Randolph was elected to fill the vacant Third Ward Council seat. He asked Ms. Randolph to come forward to be sworn into office by City Clerk Phyllis Powell after which she may take her seat on the Council to participate in the remainder of the meeting. Following the administration of the oath of office, Mayor John Landwehr welcomed Ms. Randolph to the Council and stated he looks forward to working with her. MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items brought forward. 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, and thanked all members who serve for the time they dedicate to making our City better. JeffTran Focus Group, April 29, 2008 Public Works & Planning Committee, June 19, 2008 Board of Electrical Examiners and Review, April 15, 2008 May 2008 Finance Reports 2007 Missouri River Regional Library Audit Report (may be reviewed in City Clerk's office) REGULAR COUNCIL MEETING AUGUST 4, 2008 3 Finance Committee, June 13, 2008 July 2008 CVB Minutes and Reports (may be reviewed in City Clerk's office) JCTV Steering Committee: March 28, June 20, August 17 and August 31, 2006; September 19, 2007; January 17, April 16, and May 8, 2008 Mayor Landwehr thanked citizens who serve on the various City boards and commissions for their time and effort to make Jefferson City a better place to live. COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin announced that the Committee will meet on Wednesday, August 6 at 11:30 A.M. Finance Committee - Councilman Rich Koon announced that the Committee will meet on Friday, August 15, immediately following the Brown Bag Work Session. Public Safety Committee - Councilman Mike Harvey announced that the next meeting will be held on Friday, August 15, immediately following the Brown Bag Work Session. Public Works & Planning Committee - Councilman Jim Penfold announced that the Committee met on July 24, and will meet again on Thursday, August 21 at 7:45 A.M. Ad Hoc Committees, if any: Councilman Brian Crane announced that the Conference Center Committee plans to meet sometime around August 21, and the Council will inform everyone when that date has been firmed up. Councilman Rich Koon announced that the Mill Bottom Site Committee plans to send out an RFP for the visitors' center on September 2. Councilwoman Cindy Layton announced the Arts Committee will meet on Thursday, August 7 at 12:00 P.M. and asked those who wished to participate in the survey to please return them. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Brian Crane announced the JCTV Steering Committee will meet at 12:00 P.M. on Thursday, August 7. Assistant Community Director Charles Lansford announced that due to the extreme heat, Allied Waste has requested to temporarily be allowed to begin trash pick -ups at 5:00 A.M. rather than 6:00 A.M. He stated that they plan to concentrate that first hour in commercial REGULAR COUNCIL MEETING AUGUST 4, 2008 4 areas to minimize the inconvenience to residential areas where people may still be sleeping. He stated if anyone experiences any problems with that change to call him at 634 -6410 and he would be happy to work with them. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended that the Council endorse the appointment of Mr. Lee Tharp to the Missouri River Recovery Implementation Committee. A motion was made by Councilman Ron Medin to endorse the appointment, seconded by Councilman Jim Penfold, and approved unanimously. Mayor John Landwehr asked the City Clerk to prepare a letter to Mr. Tharp informing him of the Council's action. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations made at this time. Mayor John Landwehr stated that members of the "Fuchsia Band" are in transit from the St. Louis airport and that when they arrived, he would ask the Council's indulgence to let them go ahead and make their presentation. PRESENTATIONS FROM THE GALLERY Mr. Joe Wilson, 422 Oberman Place, made a presentation regarding his recent sentence to spend one day in jail and the involvement of the City's Law Department rather than the City Prosecutor. He also made comments regarding the reports of the City's animal shelter operation. Following his comments, Councilman Ron Medin asked Mr. Wilson if City Prosecutor Daniel Green has recused himself from Mr. Wilson's court cases, to which Mr. Wilson responded he did not know. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor John Landwehr asked City Counselor Nathan Nickolaus to respond to Mr. Wilson's presentation by answering the questions asked by Councilman Medin. Mr. Nickolaus explained that due to the fact that City Prosecutor Daniel Green has recently developed a personal relationship with Mr. Wilson, Mr. Green has indicated his desire to be recused from any court actions involving Mr. Wilson, and that is the reason the Associate City Counselor Drew Hilpert has been handling the prosecution of all Mr. Wilson's cases. He stated that there is no written document which indicates the City Counselor's appointment. Mr. REGULAR COUNCIL MEETING AUGUST 4, 2008 5 Nickolaus advised that Mr. Wilson has 19 dog -at -large convictions. Mr. Nickolaus also advised the Council as to the reasons for Mr. Wilson's incarceration. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of July 14, July 18, and July 21 City Council Meetings A motion was made by Councilman Jim Penfold to approve the Consent Agenda as presented, seconded by Councilwoman Cindy Layton, and approved unanimously. BIDS OVER $25,000 Bid 2400, In -Car Video System, Police Dept. (Distributed in 7 -17 packets) Staff: Chief Roger Schroeder A motion was made by Councilman Mike Harvey to approve the bid as presented, seconded by Councilman Dan Klindt, and approved unanimously. BILLS INTRODUCED Bill 2008 -32, 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 2.54 ACRES FROM RU RURAL USE TO RS -1 SINGLE FAMILY RESIDENTIAL, FOR LAND ADDRESSED AS 3030 ROUTE J, DESCRIBED AS PART OF SECTION 29, TOWNSHIP 44 NORTH, RANGE 10 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -33, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3421 WEST TRUMAN BOULEVARD; DESCRIBED AS LOT 11 OF SMITH PLACE ADDITION, SECTION 2, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -34, sponsored by Councilman Klindt, entitled: REGULAR COUNCIL MEETING AUGUST 4, 2008 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF MISSOURI CREDIT UNION SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -35, 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 THE FEDERAL AVIATION ADMINISTRATION 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 2008 -36, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENTWITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2008 -37, sponsored by Councilman Medin, entitled: 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 STONE HILL ROAD. Bill 2008 -38, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS); AND SCHEDULE H (YIELD SIGNS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MULBERRY STREET. Bill 2008 -39, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF CHRISTY DRIVE AND JEFFERSON STREET. Bill 2008 -40, sponsored by Councilman Penfold, entitled: REGULAR COUNCIL MEETING AUGUST 4, 2008 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2008 -41, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DEDICATING UTILITY EASEMENTS ON CITY PARKING LOT 12 TO AMEREN UE. Bill 2008 -42, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MIDWEST BREATHING AIR, LLC FOR BREATHING AIR SYSTEM SERVICE AGREEMENT. Bill 2008 -43, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Finance Director Steve Schlueter made a presentation at the Council's request regarding Bills 2008 -40 and 2008 -43, explaining the fund balance if the two bills are approved. He answered several questions asked by the Council regarding the fund balance and supplemental appropriations. PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS - CONT'D The Fuchsia Band from Ireland arrived at the meeting, and were introduced by Mr. Allen Tatman. They will be performing a concert Wednesday night, August 6, at Lincoln University. The four band members made brief comments, presented Mayor John Landwehr with a book from their own city's "Lord Mayor" in Ireland, and were photographed with the Mayor in front of the City seal. BIL S PENDING Bill 2008 -31, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 REGULAR COUNCIL MEETING AUGUST 4, 2008 8 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARK FUND. Bill 2008 -31 was read third time by title and placed on final passage. A motion was made by Councilman Kenneth Ferguson to accept the Substitute Bill 2008 -31 which was previously distributed to the Council, seconded by Councilman Rich Koon, and approved with Councilman Dan Klindt voting "Nay." Bill 2008 -31 was then passed, as substituted, by the following roll -call vote as Ordinance 14379: Aye: Carroll, Crane, Ferguson, Harvey, Koon, Layton, Medin, and Penfold, and Randolph Nay: Klindt RESOLUTIONS RS2008 -15 Permissive Use of Right -of -Way on Fairgrounds Road (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2008 -15 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None RS2008 -16 Authorizing Year -Three Renewal of Contract with Robinson Cleaners for Uniform Cleaning (Koon) A motion was made by Councilman Mike Harvey for adoption of RS2008 -16 as presented, seconded by Councilwoman Cindy Layton, and approved unanimously by the following roll - call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None RS2008 -17 Authorizing Year -Two Renewal of Contract with Evers & Company for Audit Services (Koon) A motion was made by Councilman Rich Koon for adoption of RS2008 -17 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following REGULAR COUNCIL MEETING AUGUST 4, 2008 9 roll -call vote: Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph Nay: None Mayor John Landwehr stated that he has noticed there may be some Boy Scouts in the audience tonight, and asked them to stand and introduce themselves and state what they are working on. Two Scouts from Troop 11 stated they are there to work towards their Citizenship in the Community badge. SCHEDULED REPORTS No reports were given at this time. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. GO INTO CLOSED SESSION Mayor John Landwehr announced 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: Legal Actions [610.021.1] Competitive Bidding and Contract Negotiations [610.021.11 Sealed bids [610.021.12] A motion was made by Councilman Kenneth Ferguson to go into Closed Session at this time, seconded by Councilwoman Cindy Layton, and approved unanimously by the following roll -call vote at 7:03 P.M. Aye: Nay: REGULAR COUNCIL MEETING AUGUST 4, 2008 10 Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Randolph None