HomeMy Public PortalAbout20080818REGULAR COUNCIL MEETING AUGUST 18, 2008 1
CALL TO ORDER
The Regular Council Meeting of August 18, 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, and Randolph
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.
AMENDMENTS TO THE AGENDA
A motion was made by Councilman Jim Penfold, seconded by Councilman Dan Klindt, to
amend the agenda by taking up items (d) and (e) under the Public Hearings portion of the
agenda ahead of items (a), (b), and (c), in case there were several people present to speak
on those issues. The motion to amend the agenda was approved unanimously.
A motion was then made by Councilman Mike Harvey, seconded by Councilwoman Cindy
Layton, to amend the agenda by the addition of Resolution RS2008 -21 which was
distributed at tonight's Council pre- meeting, and to take up both that Resolution and Bill
2008 -44 immediately following the public hearing portion of the agenda pertaining to the tax
levy. The motion was approved unanimously.
PUBLIC HEARINGS
(d) Rezoning 2.5 Acres on 3030 Route J from RU to RS -1
City Planner Janice McMillan made a staff presentation giving details of the requested
REGULAR COUNCIL MEETING AUGUST 18, 2008 2
rezoning. Following her presentation, no one 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 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 -32 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14380:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
(e) Preliminary PUD Plan for 3421 W. Truman Blvd.
City Planner Janice McMillan made a staff presentation giving details of the PUD plan. She
also explained the clerical error in the address which was previously distributed, and
explained that the correct property was described, and posted, for the proceedings. She
indicated a substitute bill has been distributed which corrects the address from 3421 W.
Truman to 3241 W. Truman Blvd.
Following the staff presentation, the following persons came forward to speak on the issue:
Mr. Mike Bates, Central Missouri Professional Services, stated he did not have a
presentation, but that he would be happy to answer any questions that the Council might
have.
There being no further persons coming forward to offer testimony on the issue, 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 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.
REGULAR COUNCIL MEETING AUGUST 18, 2008 3
Bill 2008 -33 was read third time by title and placed on final passage. A motion was made
by Councilman Dan Klindt to accept the Substitute Bill 2008 -33 which was previously
distributed, seconded by Councilman Mike Harvey, and approved unanimously. Bill 2008 -33
was then passed, as substituted, by the following roll -call vote as Ordinance 14381:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
Mayor John Landwehr stated that he noticed a Boy Scout who had just entered the
auditorium and asked him to identify his troop number and let the Council know what he was
working on. A Scout from Troop 1 stated he is attending the meeting to work on his
Citizenship in the Community Badge. Mayor John Landwehr welcomed him.
Mayor John Landwehr asked Finance Director Steve Schlueter to present the three items
pertaining to the city's finances all together since they are interrelated, and citizens who
wish to speak on any one of all three of the issues may do so after he has introduced the
items:
(a) 2008 -2009 City Budget
(b) 2008 -2009 Gross Receipts Utility Tax
(c) 2008 Property Tax Levy
On items (a) and (b), Finance Director Steve Schlueter made a brief staff presentation
indicating that the Council has been given the Mayor's proposed budget, and that in the
next several weeks, the Council will meet to finalize the budget. He stated that the Gross
Receipts Utility Tax will remain at the same level it has for the past several years.
On item (c), City Administrator Steve Rasmussen gave an overhead power point
presentation outlining the City's proposed resolution to the need for ambulance services
within the City and County. Following his presentation, he answered several questions
asked by Council Members.
Following staff's presentations, the following persons came forward to speak on the issues:
Mr. Mike Schultz, 3903 Oxford Road, spoke on behalf of the Firefighters Local Union 671
in support of a firefighter- assisted ambulance service as proposed by the City.
Mr. Wayne Lee, 101 Amador, stated that he encouraged anyone operating an ambulance
service to watch for the medical alert bracelets which might indicate that an ambulance is
not necessarily needed and could, thus, save money.
REGULAR COUNCIL MEETING AUGUST 18, 2008 4
Mr. Duane Schreimann, 603 Turnberry Drive, stated that the proposed increase to the
property tax levy is justified in this instance so that the City and County can continue to
receive the ambulance coverage as in the past. He stated that the County's proposal of a
half -cent sales tax levy would raise about $5 million when only about $800,000 is actually
needed.
Mr. Leonard Steinman, 2217 W. Edgewood, stated that ambulance service needs to
continue.
Mr. Frank Rycyk, 406 Chestnut, made comments regarding the city's budget. He stated he
would like to see a line item added to the budget to allow for a $100 donation to the Police
Youth Corps program, and urged Council to further consider funding that organization with
additional revenue.
There being no further testimony presented at this time, Mayor John Landwehr announced
the Council will now take up Bill 2008 -44, and Resolution RS2008 -21, both of which pertain
to the three items just previously discussed.
Bill 2008 -44, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE
LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY
OF JEFFERSON, MISSOURI FOR THE YEAR 2008.
Bill 2008 -44 was read third time by title and placed on final passage. Councilman Rich Koon
made a motion to accept the Substitute Bill 2008 -44 which was previously distributed to the
Council, seconded by Councilman Mike Harvey, and approved unanimously. Following
discussion, Bill 2008 -44 was then passed, as substituted, by the following roll -call vote as
Ordinance 14392:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold
Nay: Randolph
Resolution RS2008 -21, Supporting a Countywide Ambulance Service - A motion was made
by Councilman Dan Klindt, seconded by Councilman Mike Harvey, to adopt Resolution
RS2008 -21. A motion was made by Councilman Ron Medin to amend Resolution
RS2008 -21 by changing the word "preferable" to "a reasonable" in the last "WHEREAS"
clause. The motion to amend was seconded by Councilman Dan Klindt, and approved
unanimously by the following roll -call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
REGULAR COUNCIL MEETING AUGUST 18, 2008 5
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Resolution RS2008 -21 was then adopted, as amended, by the following roll -call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton,
Medin, and Penfold, and Randolph
Nay: None
Councilman Brian Crane asked if the Council would re -adopt this Resolution after a new
Council is elected next April. Mayor John Landwehr asked that the item be placed on the
agenda for the first meeting after the seating of the new Council in 2009 to be re- adoption.
MISCELLANEOUS AGENDA ITEMS
Recognition of Two City Employees: City Administrator Steve Rasmussen stated that two
city employees have recently been publicly recognized for their participation in a community
event which he would like to bring to the Mayor's and Council's attention. He stated the two
employees are from the Fire Department and Police Department, and that he would like
those two departments to give a few more details. He first introduced Fire Chief Rennick,
and that after Chief Rennick is finished, Captain Bob Cynova will handle the Police
Department recognition in the absence of Chief Schroeder.
Fire Chief Bob Rennick introduced Fire Fighter Ryan Carrender and stated that he had
recently participated in a fund raising event for the Boys' and Girls' Club, and commended
Mr. Carrender on his outstanding performance and contribution to the organization's efforts
to raise funds for such a worthy cause.
Captain Bob Cynova introduced Captain Doug Shoemaker, and stated that Captain
Shoemaker had single - handedly raised about $12,000 for the Boys' and Girls' Club and
indicated that the Department is very proud of his accomplishments.
Mayor John Landwehr commended both employees and thanked them for going above and
beyond the duties of their jobs to help make the community a better place.
Preserve America Award: Mayor John Landwehr asked Councilman Kenneth Ferguson
to announce an award event in St. Louis which Councilman Ferguson attended in his
capacity as President Pro Tempore on behalf of the city. Councilman Ferguson stated that
the City has been awarded the distinguished designation of a "Preserve America" award
which was given to only ten cities in the state. It was issued, and signed, by First Lady Laura
Bush. Mayor Landwehr thanked Councilman Ferguson for attending this important
ceremony and representing the City.
MINUTES AND REPORTS RECEIVED AND Fl ED
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.
REGULAR COUNCIL MEETING AUGUST 18, 2008 7
Public Safety Committee, July 18, 2008
Housing Authority Board of Commissioners, June 24, 2008
JeffTran Focus Group, July 29, 2008
CAMPO Technical Committee, July 10, 2008
Public Hearing for Mural Permit, August 7, 2008
Human Relations Commission, July 10, 2008
Parks & Recreation Commission, July 8 and July 29, 2008
Historic Preservation Commission, July 8, 2008
USS Jefferson City Submarine Committee, April 15 and May 6, 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 meet
on Wednesday, August 6.
Finance Committee - Councilman Rich Koon announced that the Committee will have its
first Budget work session Wednesday, August 20 at 5:30 P.M. in the Boone - Bancroft Room.
Public Safety Committee - Councilman Mike Harvey announced that the next meeting will
be held on Friday, August 29, immediately following the Brown Bag Work Session.
Public Works & Planning Committee - Councilman Jim Penfold announced that the
Committee will meet on Thursday, August 21 at 7:45 A.M.
Ad Hoc Committees, if any:
Councilman Rich Koon announced that the Visitors' Center RFP will go out on September
2. Mayor John Landwehr requested that the final version of that RFP go out to the full
Council in advance of it being sent out to make sure everyone has seen it in case there is
any input.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
Councilman Brian Crane announced that the Conference Center Design and Construction
Committee plans to meet at 4:00 P.M. on Thursday, August 21, in the Boone - Bancroft
REGULAR COUNCIL MEETING AUGUST 18, 2008 8
Room.
APPOINTMENTS BY THE MAYOR
Appointments of Councilwoman Anita Randolph to Committees and Liaisons:
Council Standing Committees
(1) Finance Committee
(2) Public Works & Planning Committee
2. Liaisons to Boards and Commissions
(1) Parks and Recreation Commission
(2) USS Jefferson City Submarine Committee
3. Ad Hoc Committees
(1) Mill Bottom Site Committee
(2) Committee on the Arts
A motion was made by Councilman Ron Medin, seconded by Councilman Kenneth
Ferguson, to approve the appointments as recommended. Motion was approved
unanimously.
Appointments to City Boards and Commissions
Board / Commission Appointee Expires Term Type
Board of Adjustment: Bill Luebbert Sept. 2012 Partial
Glenn Bonner (Alt.) Sept. 2009 Full
USSJC Submarine Committee John O'Connell May 2010 Partial
A motion was made by Councilman Ron Medin, seconded by Councilman Jim Penfold, to
approve the appointments as recommended. Motion was approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
There were no presentations made at this time.
REGULAR COUNCIL MEETING AUGUST 18, 2008 9
PRESENTATIONS FROM THE GALLERY
Mr. Wayne Lee, 101 Amador, stated he would like to see bus service extended to hours
which would permit citizens who do not drive to attend City Council meetings. He stated that
he believed that extending the hours would increase ridership on the city buses.
Mr. Joe Wilson, 422 Oberman Place, stated he believed he was in error in some of the
statements he made during his presentation at the August 4 Council meeting regarding his
recent incarceration.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
There were no Council comments made at this time.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
a. Minutes of August 1 and August 4, 2008, City Council Meetings
A motion was made by Councilman Kenneth Ferguson to approve the Consent Agenda as
presented, seconded by Councilman Dan Klindt, and approved unanimously.
BILLS INTRODUCED
Bill 2008 -45, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MID -STATE PIPELINE
MAINTENANCE FOR SCUM EQUIPMENT INSTALLATION.
Bill 2008 -46, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING BUDGETAND
PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 2008, TO OCTOBER 31, 2009, AND APPROPRIATING MONEY IN THE
CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT
REGULAR COUNCIL MEETING AUGUST 18, 2008 10
DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Bill 2008 -47, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID
PROPERTY.
BILLS PENDING
Bill 2008 -34, sponsored by Councilman Klindt, entitled:
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 -34 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14382:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -35 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14383:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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
AGREEMENT WITH THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION.
REGULAR COUNCIL MEETING AUGUST 18, 2008 11
Bill 2008 -36 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14384:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -37 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14385:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -38 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14386:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -39 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14387:
REGULAR COUNCIL MEETING AUGUST 18, 2008 12
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
Bill 2008 -40, sponsored by Councilman Penfold, 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.
Bill 2008 -40 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14388:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -41 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14389:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
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 -42 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14390:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
Bill 2008 -43, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008
REGULAR COUNCIL MEETING AUGUST 18, 2008 13
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE GENERAL FUND.
Bill 2008 -43 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14391:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, and
Penfold, and Randolph
Nay: None
*see Public Hearings above for Bill 2008 -44
RESOLUTIONS
RS2008 -18 Adopting 2008 -2009 Disadvantaged Business Enterprise (DBE) Goal (Koon)
A motion was made by Councilman Mike Harvey for adoption of RS2008 -18, seconded by
Councilman Dan Klindt, and approved unanimously by the following roll -call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Randolph
Nay: None
RS2008 -19 Creation of Old Town Development Corporation (Medin)
A motion was made by Councilman Ron Medin for adoption of RS2008 -19 as presented,
seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call
vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Randolph
Nay: None
RS2008 -20 Approving Project for Capital Region Medical Center (Klindt)
A motion was made by Councilman Dan Klindt for adoption of RS2008 -20 as presented,
seconded by Councilman Kenneth Ferguson, and approved unanimously by the following
roll -call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Randolph
Nay: None
REGULAR COUNCIL MEETING AUGUST 18, 2008 14
SCHEDULED REPORTS
No reports were given at this time.
NEW BUSINESS
There was no new business brought forward at this time.
UNFINISH
ED BUSINESS
There was no unfinished business brought forward at this time.
APPROVAL OF CLOSED SESSION MINUTES
August 4, 2008 Closed Session minutes - Mayor John Landwehr announced that at the
request of a Council Member, the approval of these minutes will be deferred to the
September 2 Council meeting.
ADJOURN
MENT
There being no further business to come before the Council at this time, a motion was made
by Councilwoman Cindy Layton for adjournment, seconded by Councilwoman Anita
Randolph, and approved unanimously at 7:50 P.M.