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