HomeMy Public PortalAbout20081117REGULAR COUNCIL MEETING NOVEMBER 17, 2008 1
CALL TO ORDER
The Regular Council Meeting of November 17, 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, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph,
and Scrivner
Absent: Klindt
A quorum was declared present.
Mayor John Landwehr asked for the Council's indulgence in allowing the Police awards to
be presented first since numerous family members, including small children, were present
for that item. The Council agreed it would be amenable to taking up those awards first.
MISCELLANEOUS AGENDA ITEMS
Police Awards: Chief Roger Schroeder explained that each year the Police Department
awards several awards to Police personnel and that the Council would be hearing about just
six out of those awards tonight. He stressed that these do not reflect all the awards, but
rather the six that were selected as some of the most notable awards given out during this
year. He introduced Captain Doug Shoemaker who would explain each award, and Mayor
John Landwehr will present the awards to the recipients.
1. Sergeant Joseph Matherne and Officers Jason Ambler and Jeff Collins were awarded
the Medal of Merit award for a life- saving effort beyond the normal course of duty.
Officers Shawn Dumsday, Jason Payne and Curtis Bohanan were presented the
Medal of Merit for their decisive lifesaving efforts.
Reserve Officer Ken Marsch was presented the Medal of Merit award for lifesaving
effort beyond the normal course of duty.
Officers Ross Hartley and Julie Garrison were awarded the following awards: Officer
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 2
Julie Garrison is awarded the Medal of Merit for having successfully fought through
a particularly violent encounter knowing her fellow officer was seriously injured; and
Officer Ross Hartley was awarded the Purple Heart award for having suffered
significant injuries during the course of his official duties in an attempt to apprehend
a violent and combative suspect.
Officer Mark Goodson was awarded the Medal of Honor due to his ability to
persevere through extreme pain while displaying exemplary composure and
outstanding bravery.
Officers Bryan Alfultis and Pat McCutchen were awarded the following: Officer Pat
McCutchen is awarded the Medal of Merit due to his quick actions and going beyond
the requirements of normal police duty by performing a lifesaving act; and Officer
Bryan Alfultis was awarded the Medal of Honor for furthering the principles of law
enforcement without regard for his personal safety.
Following the award ceremony, the Mayor and City Council showed their appreciation by
a standing ovation and thanked the recipients for their service to our community.
PUBLIC HEARINGS
(a) Rezoning 41 Acres Located Within the Intersecting Streets of South Country Club
Drive, Old Lohman Road and Leandra Lane (in the 1100 -1300 Blocks of South
Country Club Drive, the 4700 -4800 Blocks of Old Lohman Road and the 4800 Block
of Leandra Lane) and Endorsing a Comprehensive Plan Amendment
City Planner Janice McMillan made a staff presentation containing details of the requested
rezoning, and answered questions asked by the Council Members. Following her
presentation, the following persons testified on the issue:
Mr. Duane Schreimann, attorney on behalf fo the developers, stated that numerous
meetings had been held with the developer and the neighbors which resulted in several
changes being made to the proposed development, including deed restrictions. Councilman
Ron Medin asked questions about some of the language contained in the deed restrictions,
and Mr. Schreimann stated that he would take a look at the language and if any corrections
needed to be made, he would forward same to the City Clerk to distribute to the Council.
Mr. Maurice Ledin, 1336 Hoffman Drive, on behalf of Modine Manufacturing, stated he
would be happy to answer any questions.
Mr. Ken Thoenen, 1119 Big Horn Drive, stated that there will be one address added to the
list of addresses of property owners to be notified when any future rezoning requests are
made. That address will be 4710 Old Lohman Road.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, pointed
out that the document which was referred to early by Mr. Medin reads correctly based on
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 3
the language around the language. Mr. Medin thanked them for their clarification.
Mr. Don Trabue, 4710 Denise Drive, stated that after meetings, the property owners would
still oppose the rezoning if it were approved as originally requested without the deed
restrictions. He asked the Council to accept it only with the deed restrictions agreed to as
there would be concerns if Mr. Thoenen is no longer involved in the future.
Mr. Bill Wise, 4710 Old Lohman Road, agreed with Mr. Trabue's previous comments that
the Council should make these deed restrictions as part of their approval of the rezoning.
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 the Council will
now take up the associated pending bill.
Bill 2008 -86, 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 41 ACRES FROM PUD PLANNED UNIT DEVELOPMENT
AND RS -2 LOW DENSITY RESIDENTIAL TO RA -2 HIGH DENSITY RESIDENTIAL, C -1
NEIGHBORHOOD COMMERCIAL AND C -2 GENERAL COMMERCIAL, THE PROPERTY
LOCATED WITHIN THE INTERSECTING STREETS OF SOUTH COUNTRY CLUB DRIVE,
OLD LOHMAN ROAD, AND LEANDRA LANE (IN THE 1100 -1300 BLOCKS OF SOUTH
COUNTRY CLUB DRIVE, THE 4700 AND 4800 BLOCKS OF OLD LOHMAN ROAD AND
THE 4800 BLOCK OF LEANDRA LANE), LOCATED IN PART OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 18 AND PART OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP
OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE.
Bill 2008 -86 was read third time by title and placed on final passage. Mayor John Landwehr
asked staff to clarify the Council's authority as it relates to the request by the last two
witnesses to insure that deed restrictions are part of the rezoning request. Nathan Nickolaus
explained that the Council can only vote to approve or disapprove the requested rezoning,
but that any deed restrictions are not part of that rezoning approval process. City Planner
Janice McMillan stated that staff can keep a watchful eye on any proposed development to
see if the agreed restrictions are followed and report to the Council along the way if any
problems are noted.
At the conclusion of the discussion, Bill 2008 -86 was passed by the following roll -call vote
as Ordinance 14432
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 4
(b) Rezoning 34.83 acres of Land Located in the 5000 Block of Old Lohman Road
(Currently Part of a Tract Addressed as 1502 South Country Club Drive)
City Planner Janice McMillan made a staff presentation containing details of the requested
rezoning, and answered questions asked by the Council Members. Following her
presentation, the following persons testified on the issue:
Mr. Maurice Ledin, Modine Manufacturing, offered to answer any questions.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, offered
to answer any questions.
Mr. Dick Otke, 621 S. Eagle Trace, made a presentation and asked the Council to approve
the proposed rezoning and offered to answer any questions.
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 the Council will
now take up the associated pending bill.
Bill 2008 -87, 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 34.83 ACRES FROM PUD PLANNED UNIT DEVELOPMENT
TO M -1 LIGHT INDUSTRIAL, THE PROPERTY LOCATED IN THE 5000 BLOCK OF OLD
LOHMAN ROAD (CURRENTLY PART OF A TRACT OF LAND ADDRESSED AS 1502
SOUTH COUNTRY CLUB DRIVE) DESCRIBED AS PART OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER, PART OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 44 NORTH, RANGE 12
WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2008 -87 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14433:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
(c) Rezoning 2.97 Acres in The Trails of Kaufman Hills Subdivision, Section 3,
Consisting of Lots 39, 40, 57, 58 and 59, with Addresses in the 3700 Block of Taylors
Ridge Court and Endorsing a Comprehensive Plan Amendment
City Planner Janice McMillan made a staff presentation containing details of the requested
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 5
rezoning, and answered questions asked by the Council Members. Following her
presentation, the following persons testified on the issue:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, offered
to answer any questions.
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 the Council will
now take up the associated pending bill.
Bill 2008 -88, 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 2.97 ACRES FROM RS -1 SINGLE FAMILY RESIDENTIAL
TO PUD PLANNED UNIT DEVELOPMENT, PROPERTY ADDRESSED IN THE 3700
BLOCK OF TAYLORS RIDGE COURT, AND DESCRIBED AS LOTS 39, 40, 57, 58 AND
59 OF THE TRAILS OF KAUFFMAN HILLS, SECTION 3, JEFFERSON CITY, COLE
COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT
PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE.
Bill 2008 -88 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14434:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
(d) Preliminary PUD Plan for 2.97 Acres in The Trails of Kaufman Hills Subdivision,
Section 3, Consisting of Lots 39, 40, 57, 58 and 59, with Addresses in the 3700 Block
of Taylors Ridge Court
City Planner Janice McMillan made a staff presentation containing details of the proposed
PUD Plan and answered questions asked by the Council Members. Following her
presentation, the following persons testified on the issue:
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, offered
to answer any questions.
Mr. Duane Schreimann, on behalf of the developer, offered to answer any questions.
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 6
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 the Council will
now take up the associated pending bill.
Bill 2008 -89, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN FOR 2.97 ACRES IN THE TRAILS OF KAUFFMAN HILLS
SUBDIVISION, SECTION 3, CONSISTING OF LOTS 39, 40, 57, 58 AND 59, WITH
ADDRESSES IN THE 3700 BLOCK OF TAYLORS RIDGE COURT, JEFFERSON CITY,
COLE COUNTY, MISSOURI.
Bill 2008 -89 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14435:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
At the conclusion of the public hearings, Mayor John Landwehr commended staff and the
developers and residents in the affected areas for working so closely together to reach
consensus and bring the issue to the Council in an efficient manner.
MISCELLANEOUS AGENDA ITEMS
The miscellaneous agenda items were taken up previously.
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.
Housing Authority Board of Commissioners, September 30, 2008
Ad Hoc Conference Center Design & Construction Committee, August 21 and
September 19, 2008
Public Safety Committee, October 3, 2008
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 7
Human Relations Commission, October 14, 2008
Administration Committee, September 24 and October 15, 2008
Transportation & Traffic Commission, October 9, 2008
JeffTran Focus Group, October 28, 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 report that the issues discussed at
the last meeting were animal spay- neuter program, and asked citizens interested in serving
on City boards and commissions to contact the City to get their name on the roster for future
consideration.
Finance Committee - Councilman Rich Koon announced that the meeting was held on
November 14 immediately following the Brown Bag Work Session to discuss city revenues
and that Phyllis Gilpin made a report. She will also be making a report later in tonight's
meeting.
Public Safety Committee - Councilman Mike Harvey announced that due to the
Thanksgiving Holiday, no meeting has been scheduled at this time, but will be announced
at later date after it has been finalized.
Public Works & Planning Committee - Councilman Jim Penfold announced that the next
meeting will be held on November 20 at 7:30 A.M. and that several items are on the agenda
for discussion.
Ad Hoc Committees, if any:
Councilwoman Cindy Layton announced that a meeting of the Ad Hoc Committee on the
Arts will be held Friday, November 21 at 12:00 noon.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
Mayor John Landwehr reminded citizens that the deadline for filing for election to City office
will be 5:00 P.M. on Tuesday, November 18.
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments to City boards and
commissions:
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 8
BOARD /COMMISSION
Environmental Quality
Planning & Zoning (Alt.)
Human Relations
Plumbing Board:
RECOMMENDED
APPOINTMENT
Pam Barkhaus
Jeff Stacey
Dave Brown
David Wright
Rick Enke*
Jerry Rosslan
*Requires 2/3 majority vote
Terms TERM FuII/
Served EXPIRES Partial
0 Nov 2013 Full
0 May 2011 Partial
0 Oct 2010 Partial
0 Dec 2011 Full
2 Dec 2011 Full
1 Dec 2011 Full
Mayor John Landwehr announced that Mr. Frank Rycyk had contacted the city and
requested that his name be removed from consideration for appointment to the Historic
Preservation Commission due to a conflict in schedules, so the appointments brought
forward at this time will reflect Mr. Rycyk's request. He also explained that the appointment
of Rick Enke to the Plumbing Board will require a two - thirds majority as set out in the Code.
A motion was made by Ron Medin for approval of the appointments except Mr. Rick Enke,
seconded by Councilwoman Cindy Layton, and approved unanimously.
A motion was made by Councilman Ron Medin to approve the appointment of Mr. Rick Enke
to the Plumbing Board, seconded by Councilwoman Anita Randolph, and approved
unanimously by the following roll -call vote:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
RECESS
Mayor John Landwehr called a five - minute recess in the meeting at this time (7:45 P.M.)
RECONVENE
The meeting reconvened at 7:50 P.M. with the following Council members present:
Present: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Absent: Klindt
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 9
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Staff report on issue of February election for Lodging Tax - City Counselor Nathan
Nickolaus reported that the city could possibly lose $30,000 to $35,000 for one month of
hotel lodging taxes if the tax lapsed, and that the estimated cost of a February election is
from $10,000 to $15,000.
Phyllis Gilpin reported that the city's sales tax revenue for the month of September came
in a little higher than projected. Mayor John Landwehr asked that a report be made after the
December 7 revenues are received which will reflect the receipts for the month of October.
Report to the Citizens publication - Melva Fast reported that she has received several
positive comments on the publication that went out in a recent Sunday issue of the News
Tribune.
Staff Report on Pedestrian Walkway on Missouri River Bridge - Melva Fast gave a report
on the status of the project as it has come before the state recently. There were some
issues with the walkway being suspended from the bridge as originally proposed. Mayor
John Landwehr asked her to check back with the Council in January or February to see if
an update may be available.
Announcement on Political Sign Season - Charlie Lansford reported that the political sign
season is officially ended and that all political yard signs and other political signs should
now be removed. He indicated information about political signs is accessible from the front
page of the City's website.
PRESENTATIONS FROM THE GALLERY
There were no presentations from the gallery made at this time.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
No comments were made by the Council at this time.
CONSENT AGENDA
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 10
The following items were presented to the Council for their approval by Consent:
(a) Minutes of October 31 and November 3, 2008 City Council Meetings
A motion was made by Councilman Mike Harvey for approval of the Consent Agenda,
seconded by Councilwoman Cindy Layton, and approved unanimously. The November 3
pre- meeting minutes were previously corrected as indicated at the November 14 Brown Bag
meeting.
BILLS INTRODUCED
Bill 2008 -92, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE 2009
BUDGET OF THE JEFFERSON CITY CONVENTION AND VISITORS BUREAU.
Bill 2008 -93, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009
BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE GENERAL FUND.
Bill 2008 -94, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TURN KEY MOBILE,
INC., FOR THE PURCHASE AND INSTALLATION OF MOBILE DATA TERMINALS, VPN
FIREWALL APPLIANCES AND RELATED PRODUCTS.
Bill 2008 -95, sponsored by Councilman Penfold, entitled:
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR ASSISTANCE WITH OPERATING
EXPENSES FOR THE AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY
MEMORIAL AIRPORT FOR THE PERIOD OF NOVEMBER 1, 2008 THROUGH OCTOBER
31, 2009.
Bill 2008 -96, sponsored by Councilman Penfold, entitled:
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 11
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH REVE H. HAMMONS
AND VELMA J. HAMMONS AND MARY ANN BIBENS AND CALVIN N. BIBENS FOR THE
ACQUISITION OF REAL ESTATE.
Councilman Jim Penfold requested that the rules be suspended and Bill 2008 -96 be placed
on final passage to expedite the transfer of property needed for the Federal Courthouse
project. There were no objections to the request for suspension of the rules.
Bill 2008 -96 was then read second and third times by title, placed on final passage and
passed by the following roll -call vote as Ordinance 14438:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
BILLS PENDING
Bill 2008 -76, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE S (LOADING ZONES),
SUBPARAGRAPH (B), (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE
OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF HIGH STREET.
Bill 2008 -76 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14422:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -77, sponsored by Councilman Medin, 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, FOR PROPERTY ADDRESSED AS 2116 IDLEWOOD ROAD, CONSISTING
OF PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 44 NORTH,
RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 1.12
ACRES OF AN APPROXIMATELY 48 ACRE TRACT, FROM RS -2 LOW DENSITY
RESIDENTIAL TO M -1 LIGHT INDUSTRIAL.
Bill 2008 -77 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14423:
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 12
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -78, 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, PERTAINING TO PORTIONS OF EAST
MCCARTY STREET.
Bill 2008 -78 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14424:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -79, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAMP DRESSER &
MCKEE, D /B /A CDM, FOR WASTEWATER MASTER PLAN UPDATE.
Bill 2008 -79 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14425:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -80, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RAFETILIS FINANCIAL
CONSULTANTS, INC. FOR WASTEWATER USER RATE STUDY.
Bill 2008 -80 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14426:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 13
Bill 2008 -81, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GREDELL
ENGINEERING RESOURCES, INC. FOR BIOSOLIDS STUDY.
Bill 2008 -81 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14427:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -82, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEC WATER
RESOURCES, INC., FOR WATER QUALITY ASSESSMENT.
Bill 2008 -82 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14428:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -83, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI AMERICAN
WATER FOR PURCHASE OF THE NORTH JEFFERSON CITY WATER SYSTEM.
Bill 2008 -83 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14429:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -84, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 30 OF PLEASANT
VALLEY SUBDIVISION.
Bill 2008 -84 was read third time by title and placed on final passage. A motion was made
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 14
by Councilman Mike Harvey to accept the Substitute Bill 2008 -84 which was previously
distributed to the Council, seconded by Councilman Jim Penfold, and approved
unanimously. Bill 2008 -84 was then passed, as substituted, by the following roll -call vote
as Ordinance 14430:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -85, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32
STREETS AND SIDEWALKS, PERTAINING TO THE CONSTRUCTION OF SIDEWALKS.
Bill 2008 -85 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14431:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -90, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN
FARMS FOR AN AGRICULTURAL LEASE FOR AIRPORT AND WASTEWATER LANDS.
Bill 2008 -90 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14436:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
Bill 2008 -91, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE, CHAPTER 8, (BUILDINGS AND BUILDING REGULATIONS), SECTION 8 -20
(PERMIT FEES AND PENALTIES), BY ADDING ONE ADDITIONAL SUBSECTION
PERTAINING TO BUILDING INSPECTION FEES FOR PUBLIC SCHOOLS.
Bill 2008 -91 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14437:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 15
Scrivner
Nay: None
INFORMAL CALENDAR
Bill 2008 -72, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 1
(GENERAL PROVISIONS) SECTION 13 (GENERAL PENALTY; CONTINUING
VIOLATIONS) SUBSECTION E PERTAINING TO THE MINIMUM FINES FOR MUNICIPAL
VIOLATIONS.
Councilman Mike Harvey requested that Bill 2008 -72 remain on the Informal Calendar at
this time.
Bill 2008 -74, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
REFERENDUM ON IMPOSING A LICENSE TAX OF THREE PERCENT (3 %) ON HOTEL
AND MOTEL ACCOMMODATIONS.
Councilman Rich Koon requested that Bill 2008 -74 be removed from the Informal Calendar
at this time. Bill 2008 -74 was read third time by title and placed on final passage. A motion
was made by Councilman Rich Koon to accept Substitute #3 which was previously
distributed to the Council, seconded by Councilwoman Cindy Layton, and approved
unanimously.
A motion was then made by Councilman Jim Penfold to amend the substitute bill as just
accepted by changing the proposed expiration date of the lodging tax to April 30, 2019. The
motion to amend was seconded by Councilman Rich Koon, and approved unanimously.
Bill 2008 -74 was then passed, as substituted and amended, by the following roll -call vote
as Ordinance 14439:
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None
RESOLUTIONS
There were no resolutions brought before the Council at this time.
REGULAR COUNCIL MEETING NOVEMBER 17, 2008 16
SCHEDULED REPORTS
No reports were given at this time.
NEW BUSINESS
No new business was brought forward.
UNFINISH
ED 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 at this time to go into Closed Session to
discuss the Legal Actions [Sec. 610.021.(1)]. A motion was made by Councilman Kenneth
Ferguson to go into Closed Session as announced, seconded by Councilman Mike Harvey, and
approved unanimously by the following roll -call vote at 8:50 P.M.
Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, Randolph, and
Scrivner
Nay: None