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HomeMy Public PortalAbout20071203REGULAR COUNCIL MEETING DECEMBER 3, 2007 1 Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance, immediately preceding the Call to Order. CALL TO ORDER The Regular Council Meeting of December 3, 2007, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CA The following Council Members were present for the roll call: Present: Brown, Crane, Ferguson, Harvey, Klindt, Layton, Koon, Medin, and Penfold, and Smith Absent: None A quorum was declared present. Mayor John Landwehr asked for names of those in the audience who wished to add their names to the Presentations from the Gallery list and added those who responded. MISCELLANEOUS AGENDA ITEMS Mayor John Landwehr recognized Boy Scouts from the following troops who were present at the meeting to earn their Citizenship in the Community Award: Troop 6 (Immaculate Conception Church), Troop 394 (Wardsville Knights of Columbia), and Troop 10 (Grace Episcopal Church). PUBLIC HEARINGS There were no public hearings schedule to be held at this time. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. Appointment Review Committee, September 17, 2007 REGULAR COUNCIL MEETING DECEMBER 3, 2007 2 Public Safety Committee, September 28, 2007 c. Parks and Recreation Commission, October 16, 2007 d. Human Relations Commission, September 11, 2007 e. CAMPO Board of Directors, October 24, 2007 f. Administration Committee, October 3, 2007 Mayor John Landwehr thanked the citizens who serve on these boards and commissions for giving of their time and talents to make our community better. COUNCIL LIAISON REPORTS Administration Committee - Chairwoman Cindy Layton announced the Committee met on Wednesday, November 21, and discussed the issues of nuisances and the Neighborhood Reinvestment Act as well as the establishment of an Old Town Revitalization committee. The next meeting will be held on December 5 to discuss the issues of a city coin and Finance Committee - Councilman Kenneth Ferguson announced a meeting will be held on December 14 immediately following the Brown Bag meeting to discuss the issue of food inspections. Public Safety Committee - Chairman Kevin Brown stated Bills 2007 -117, 2007 -121, and 2007 -122 are the result of discussions and actions taken by the Public Safety Committee at its recent meetings. Public Works & Planning Committee - Chairman Dan Klindt asked Vice - Chairman Mike Harvey to make a report since he was unable to attend the last meeting. Councilman Harvey reported the Committee will met on November 20 at 7:45 A.M. and discussed the Nestle Down Subdivision regarding the width of sidewalks and sidewalk repairs. The next meeting will be December 20 at 7:45 A.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR MayorJohn Landwehr recommended the following appointments, and endorsements, to the Council: a. Police Dept. Appointments: 1. Police Officers: (1) Zachary Jenkins (2) Seth Wigle REGULAR COUNCIL MEETING DECEMBER 3, 2007 3 (3) Andrew Lear (4) Jarod Phelps 2. Communications Operator (1) Collier Nichols Following introduction of the candidates by Police Chief Roger Schroeder, a motion was made by Councilman Kevin Brown for approval of the appointments as presented, seconded by Councilman Dan Klindt, and approved unanimously. a. Fire Appointments 1. Jeffrey Tadsen - promoted to Captain 2. Matthew Schofield,- promoted to Driver 3. Christopher Muenks - promoted to Driver City Administrator Steve Rasmussen explained that although Fire Department hirees or promotions do not require Council approval, he has asked that those personnel appear before the Council to be introduced to make the process a bit more even between the procedures for Police employees and Fire employees. Following introduction of the personnel being promoted by Fire Chief Bob Rennick, Mayor John Landwehr stated that he would entertain a motion to endorse the promotions which have been made. A motion was made by Councilman Kevin Brown to endorse the promotions, seconded by Councilman Dan Klindt, and approved unanimously. a. Appointments to following City Boards and Commissions: BOARD / COMMISSION RECOMMENDED APPOINTMENT TERM EXPIRES STATUS Env. Qual. Comm. Kristen Hilty Nov. 12 Full -1st Env. Qual. Comm. Nsalambi Nkongolo Nov. 12 Full -1st Housing Auth. Bd. Phil Freeman Nov. 11 Full -1st CVB Sharon Naught Dec. 10 Full -1st CVB Brian Allen Dec. 10 Full -1st CVB Jake Schmitz Dec. 10 Full -1st Hist. Pres. Comm. Ralph Bray Dec. 10 Full -2nd Hist. Pres. Comm. Sandra Boeckman Dec. 10 Full -1st Hist. Pres. Comm. Chris Neff Dec. 10 Full -2nd A motion was made by Councilman Jim Penfold for approval of the Board and Commission appointments as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS REGULAR COUNCIL MEETING DECEMBER 3, 2007 4 Mayor John Landwehr asked Councilman Rich Koon to introduce the South School teachers who in turn introduced the two student winners of an essay contest entitled "Why I Like Living in Jefferson City, and What I Would Do If I Were Mayor" recently sponsored by Councilman Koon. Ms. Casey Massman and Ms. Gwen Thompson stated that the students thoroughly enjoyed participating in the contest, and thanked Councilman Koon for personally providing the prizes to the winners. They introduced the winners, Miss Madylyn Banks and Miss Marion Kisabo who read their respective essays from the Mayor's podium and received congratulations from the Mayor and City Council on a job well done. Assistant Community Director Charles Lansford City Administrator Steve Rasmussen made a presentation explaining the demolition process and showed an overhead presentation of two properties which are currently scheduled for demolition and explained that in the future, staff may ask for additional funding if needed to continue this process. Mr. Lansford answered questions about the number of staff hours involved in these two demolitions. Community Development Director Pat Sullivan and Street Division Director Britt Smith, made a presentation explaining how the city's "Snow Fight" program operates when the city experiences snow and ice storms. PRESENTATIONS FROM THE GALLERY Ms. Kay Webb, 5221 Bagnall Drive, (Cole County), stated her opposition to riverboat gambling casinos in Jefferson City and urged the Council to vote no on Bill 2007 -125. Mr. Jonathan Hale, 505 Ellis Blvd., also stated his opposition to riverboat gambling in Jefferson City. Mr. Brian Richey, 1816 Cedar Ridge, stated his opposition to riverboat gambling, and also asked what was being done to replace the Jefferson Street overpass after last week's accident on Highway 54 which rendered it unusable. Ms. Sarah Ferrell, 4911 Charm Ridge Drive, stated her opposition to riverboat gambling in Jefferson City and presented printed information to the City which she believed supported her position in case any City Council members wished to review it. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor John Landwehr asked Community Development Director Pat Sullivan to comment on Mr. Richey's question pertaining to the Jefferson Street overpass. Mr. Sullivan stated that the overpass is a state road and has been placed on the "fast track" by MoDot to be repaired as quickly as possible. He stated that the state is going to attempt to replace the overpass within a month after the bids are opened later this week, but weather conditions could possibly delay that projected goal. REGULAR COUNCIL MEETING DECEMBER 3, 2007 5 Councilman Rich Koon stated he believed it would be a good idea to have a public forum devoted solely to receiving public comments on the issue of riverboat gambling. Following discussion regarding schedules of the Council Members, staff was directed to prepare notice for a public forum on this issue to be held at 6:00 P.M. on Monday, December 10, in the City Council Chambers. Mayor John Landwehr asked staff to invite JCTV to televise the meetings if at all possible. Councilman Jim Penfold asked that Bill 2007 -125 on the Informal Calendar until all public comments have been received. Councilman Kevin Brown, the sponsor of the bill, reminded the Council that the bill is simply being introduced tonight, and that usually bills are not placed on the Informal Calendar until they are scheduled to be voted on. He stated that if placing the bill on the Informal Calendar is warranted, he would be more than willing to do that at the December 17 Council meeting when the bill would be brought up for vote. A lengthy discussion was held regarding data and information which the Council would like to have before they are asked to vote on this issue, as follows: 1. Councilman Kenneth Ferguson stated he would like to have some data from other cities who have riverboat casinos regarding the issues mentioned by the presenters tonight: increased crime, economic impact, etc. Councilman Dan Klindt stated he would like to know what kind of revenues have come to the City of Boonville as a result of its riverboat casino. Councilman Rich Koon asked that staff be prepared to answer at next Monday night, December 10, if the issue passes, what would be the next steps taken? Councilwoman Cindy Layton wanted to know if the issue is approved by the voters, would the issue revert back to the 1992 vote which approved riverboat gambling in the city. Mayor John Landwehr wanted to know the breakout of the revenue as generated by the Boonville casino. Staff was informed that several of these answers are not required until after the December 10 public forum. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of November 13, November 16, and November 19, 2007 City Council Meetings A motion was made by Councilman Mike Harvey to approve the Consent Agenda, seconded by Councilwoman Cindy Layton, and approved unanimously. BILLS INTRODUCED REGULAR COUNCIL MEETING DECEMBER 3, 2007 6 Bill 2007 -117, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD SYSTEMS FOR CAD / RMS SYSTEM. Bill 2007 -118, 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 PORTIONS OF CLARK AVENUE. Bill 2007 -119, 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 PORTIONS OF CLARK AVENUE. Bill 2007 -120, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH T -N -T EXCAVATING FOR THE EAST MOREAU / ALGOA INTERCEPTOR AND PUMP STATION. Bill 2007 -121, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 11 BY AUTHORIZING THE MAYOR TO DECLARE AN EMERGENCY AND DESIGNATING THE MAYOR'S POWERS THEREIN. Bill 2007 -122, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 19 (MOTOR VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW SECTION 95 REQUIRING THAT A DRIVERS LICENSE BE CARRIED WHILE DRIVING A MOTOR VEHICLE AND BE DISPLAYED UPON THE REQUEST OF A LAW ENFORCEMENT OFFICER. Councilman Jim Penfold stated he would like to see the Callaway County portion of the city included in the agreement. Mayor John Landwehr wanted to make sure the County is comfortable with what the city states the role of the emergency manager is. REGULAR COUNCIL MEETING DECEMBER 3, 2007 7 Bill 2007 -123, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO NUISANCES. Councilman Jim Penfold made a motion to amend Bill 2007 -123 by removing the word "dense" from Section 21 -2, paragraph (K). Motion was seconded by Councilman Rich Koon. Following a lengthy discussion, Councilman Ron Medin made a motion to call for the question, seconded by Councilman Rich Koon, and approved unanimously with Councilman Brian Crane and Councilman Mike Harvey voting "Nay." The original motion to amend was then approved, by the following roll -call vote: Aye: Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: Brown, Crane, Ferguson, and Harvey Bill 2007 -124, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RE- ENACTING THE "JEFFERSON CITY NEIGHBORHOOD REINVESTMENT ACT, PART I ". Bill 2007 -125, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PLACING ON THE APRIL 2008 BALLOT THE ISSUE OF AMENDING ARTICLE XV, OF THE CHARTER OF THE CITY OF JEFFERSON, SECTION 15.1 OF THE CHARTER OF THE CITY OF JEFFERSON PERTAINING TO GAMBLING PROHIBITIONS. Mayor John Landwehr asked if anyone has been contacted regarding putting a riverboat in Jefferson City. Mayor John Landwehr, City Administrator Steve Rasmussen, Parks & Recreation Director Bill Lockwood all stated that no one had contact them about anything pertaining to riverboat gambling. Following lengthy discussion, a motion was made by Councilman Jim Penfold to amend Bill 2007 -125 by prohibiting any casino from being located within one mile in either direction of the State Capitol building, seconded by Councilwoman Cindy Layton. After discussion, Councilman Rich Koon asked that the motion to amend be withdrawn until more information can be provided to the Council. Councilman Jim Penfold stated he would withdraw his motion at this time, Councilwoman Cindy Layton agreed to withdraw her second. Councilman Dan Klindt asked if Councilman Jim Penfold would get the language of his proposed amendment to the Council in advance if possible to allow them time to read it. Mayor John Landwehr asked anyone who had amendments to get them reduced to writing to submit in that format. Bill 2007 -126, sponsored by Councilmen Penfold and Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF OF REGULAR COUNCIL MEETING DECEMBER 3, 2007 8 THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Several questions asked and comments made regarding this issue as it pertained to the Corps of Engineers. City Administrator Steve Rasmussen asked Councilwoman Cindy Layton to submit her questions in writing before the Council is required to vote on this issue so he can make sure she gets answers to all of them. BILLS PENDING Bill 2007 -110, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC. FOR IPT TELEPHONE SYSTEM. Councilman Kevin Brown stated he will be abstaining from discussion or action on Bill 2007 -110 due to a conflict of interest. Bill 2007 -110 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14285: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Abstain: Brown Bill 2007 -111, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EMBARQ FOR IPT TELEPHONE SYSTEM. Councilman Kevin Brown stated he will be abstaining from discussion or action on Bill 2007 -111 due to a conflict of interest. Bill 2007 -111 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14286: Aye: Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Abstain: Brown REGULAR COUNCIL MEETING DECEMBER 3, 2007 9 Bill 2007 -113, sponsored by Councilman Smith, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2007 -113 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14287: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -114, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 29 SEWERS AND SEWAGE DISPOSAL, PERTAINING TO SPECIFIC POLLUTANT LIMITS ALLOWED. Bill 2007 -114 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14288: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -115, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE I.T.S. DEPARTMENT. Bill 2007 -115 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14289: Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None Bill 2007 -116, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING POSITIONS REGULAR COUNCIL MEETING DECEMBER 3, 2007 10 WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. Bill 2007 -116 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance : Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None INFORMAL CALENDAR Bill 2007 -101, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF SMITH PLACE, A STREET WITHIN SMITH SUBDIVISION, TO MASONIC COURT. Councilman Dan Klindt requested that Bill 2007 -101 remain on the Informal Calendar at this time. Bill 2007 -102, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF MAHAN PLAZA, A STREET WITHIN SMITH SUBDIVISION, TO SMITH COURT. Councilman Dan Klindt requested that Bill 2007 -101 remain on the Informal Calendar at this time. RESOLUTIONS RS2007 -26 Renewal of Ground Lease Agreement with the Missouri Department of Transportation for Property Located at 512 Airport Road (Klindt) Councilman Dan Klindt requested that RS2007 -26 remain tabled at this time. RS2007 -31 Renewal (Year 2) of Agreement with Centech and Associates for HVAC Maintenance (Ferguson) A motion was made by Councilman Dan Klindt for adoption of RS2007 -31, seconded by Councilman Brian Crane, and approved unanimously. REGULAR COUNCIL MEETING DECEMBER 3, 2007 11 RS2007 -32 Adoption of 2008 DBE Goal (Ferguson) A motion was made by Councilman Kenneth Ferguson for adoption, seconded by Councilman Brian Crane, and approved unanimously. RS2007 -33 Endorsing Letter of Understanding Pertaining to the Prison Redevelopment Project (Ferguson) A motion was made by Councilman Mike Harvey for adoption, seconded by Councilman Jim Penfold, and approved unanimously. RS2007 -34 Establishing Ad Hoc Committee on Old Towne Revitalization (Medin) A motion was made by Councilman Ron Medin for adoption, seconded by Councilman Dan Klindt, and approved unanimously. Following the vote, Mayor John Landwehr mentioned that there was a substitute RS2007 -34 which should have been accepted before the vote. A motion was made by Councilman Jim Penfold, as a member who voted on the prevailing side, to reconsider the previous vote on RS2007 -34, seconded by Councilwoman Jane A. Smith, and approved unanimously. A motion was then made by Councilman Ron Medin to adopt the Substitute Bill 2007 -34 which was distributed to the Council, seconded by Councilman Mike Harvey, and approved unanimously. RS2007 -35 Approval of CVB Budget (Layton) A motion was made by Councilman Rich Koon for adoption, seconded by Councilman Kenneth Ferguson, and approved unanimously. RS2007 -36 Renewal of Agricultural Lease with Charles Steck (Klindt) A motion was made by Councilman Jim Penfold for adoption, seconded by Councilman Rich Koon, and approved unanimously. SCHEDULED REPORTS No reports were made at this point in the meeting. NEW BUSINESS Councilman Kevin Brown thanked the Police Department for the compassion shown by their department at the recent funeral of a local emergency responder. UNFINISH REGULAR COUNCIL MEETING DECEMBER 3, 2007 ED BUSINESS There was no unfinished business brought forward at this time. 12 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: Personnel [Sec. 610.021(3)] A motion was made by Councilman Jim Penfold to go into Closed Session at this time, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote at 9:05 P.M. Aye: Brown, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith Nay: None