HomeMy Public PortalAbout20061204REGULAR COUNCIL MEETING DECEMBER 4, 2006 1
CALL TO ORDER
The Regular Council Meeting of December 4, 2006, was convened at 6:00 P.M. by Mayor
John Landwehr.
Prayer was offered by Councilman Cindy Layton, followed by the Pledge of Allegiance.
ROLL CAL
The following Council Members were present for the roll call:
Present: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope,
and Vogel
Absent: None
A quorum was declared present.
Mayor John Landwehr recognized a Boy Scout in the audience and asked him to stand and
introduce himself and explain the badge he is working on. Following the introduction, Mayor
Landwehr welcomed him to the meeting.
MISCELLAN
EOUS AGENDA ITEMS
There were no agenda items taken up under this category.
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. October, 2006 Finance Report
b. CAMPO Technical Committee, September 7, 2006
c. CAMPO Board of Directors, September 27, 2006
d. Human Relations Commission, September 12 and October 10, 2006
e. CVB Hotel /Motel Council, November 13, 2006
REGULAR COUNCIL MEETING DECEMBER 4, 2006 2
f. CVB Athletic Events Committee, October 18, 2006
g Environmental Quality Commission, March 9, 2006
Mayor John Landwehr thanked the numerous members of these boards and commissions
for giving of their valuable time and expertise for the betterment of the City of Jefferson.
COUNCIL LIAISON REPORTS
There were no reports made at this time.
ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS
City Administrator Steve Rasmussen announced that the following meetings of Council and
Council committees will be held next week (the week of December 11):
12 -11 - Council Work Session, 5:30 P.M. - Boone /Bancroft Room
12 -12 - Public Safety Committee, 5:30 P.M. - (location to be announced)
12 -13 - Council Committee on Administration, 5:30 P.M. - Boone /Bancroft Room
12 -14 - Finance Committee, 5:30 P.M - Boone /Bancroft Room
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments for Council approval:
Appointment of Interim Municipal Judge - Cotton Walker
A motion was made by Councilman Edith Vogel to approve the appointment as
recommended, seconded by Councilman Michael Berry, and approved unanimously
Appointment to Jefferson City Police Dept.
Communications Operator - Meagen Schlitt
A motion was made by Councilman Kevin Brown to approve the appointment as
recommended, seconded by Councilman Dan Klindt, and approved unanimously
Mayor Landwehr welcomed Ms. Schlitt, who was present at the meeting, to the Police
Department.
REGULAR COUNCIL MEETING DECEMBER 4, 2006 3
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Community Development Director Pat Sullivan made a presentation regarding snow removal
efforts during last week's ice and snow storms. Following his presentation, the Mayor and
City Council commended the City's Street Division for their work, and asked Mr. Sullivan to
pass their comments on to the people who worked so hard to keep our streets safe.
Councilman Kevin Brown suggested that publishing the expectations of the procedure used
during snow route emergencies would be helpful. Mr. Sullivan stated that was a good idea
and that it could be done. Mayor John Landwehr suggested staff getting together after
everything is cleared up and discussing what worked and what could be improved, and
asked the Council to get their notes they took with the calls they received to staff so they
can review them. He also suggested that perhaps a phone number set aside for just such
emergencies so citizens could call they could get some kind of message keeping them
updated on the status of the situation.
PRESENTATIONS FROM THE GALLERY
Ms. Celeste Koon, 1017 Holly, referred to a handout she provided listing smaller cities that
have curbside pick -up of yard wastes. She encouraged the Council to pass Bill 2006 -105
which would place the issue of open burning on the ballot to allow the people of the city to
vote on it. She stated she personally preferred a stricter ban on open burning, but that this
was better than unlimited open burning.
Mr. Roger Randolph, 619 Norris Drive, also encouraged the Council to allow the issue of
open burning to be placed on the ballot as he is opposed to unlimited open burning.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
There were no Council comments made at this point.
CONSENT AGENDA
The following items were brought before the Council for approval by Consent at this time.
a. Minutes of October 10, November 17 and 20, 2006 City Council Meetings
b. RENEWAL - Lease Agreement with Fischer Grain Farms
A motion was made by Councilman Kevin Brown to approve all items on the Consent
REGULAR COUNCIL MEETING DECEMBER 4, 2006 4
Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved
unanimously.
BILLS INTRODUCED
Bill 2006 -106, sponsored by Councilman Harvey, 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), OF THE CODE OF THE
CITY OF JEFFERSON, BY THE DELETION OF SCENIC DRIVE AT JOE LANE.
Bill 2006 -107, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
THREE, SECTION 3 -4 OF THE CITY CODE REGARDING ON PREMISES SIGNS BY
ALLOWING PROJECTING SIGNS IN CERTAIN AREAS.
The Council wanted to know what level of participation there will be by the downtown
merchants, and asked staff to obtain some sort of straw poll before they vote on this at the
December 18 Council meeting. Councilman Kevin Brown also pointed out what he believed
was a conflict in Sections 3 and 7 of the bill. One stated logos would not be allowed, and
the other stated logos were permitted.
Bill 2006 -108, sponsored by Councilmen Berry, Ferguson, and Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF
CITY VIEW DRIVE TO McCARTY STREET AND ESTABLISHING THE NAME OF THE
NEW ROADWAY TO EXTEND SOUTH OF THE INTERCHANGE AT U.S. HIGHWAY 50/63
AND WHAT IS NOW CITY VIEW DRIVE TO McCARTY STREET.
Mayor John Landwehr suggested making the effective date of this ordinance a ways in the
future. City Planner Janice McMillan stated the post office allows a year after a street name
is changed before returning mail. Mayor John Landwehr asked if City Planner Janice
McMillan could provide a recommendation to the Council regarding an effective date on this.
Bill 2006 -109, sponsored by Councilman Oetting, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES),
SUBPARAGRAPH A, (8:00 A.M. to 5:00 P.M.), OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO PORTIONS OF EAST DUNKLIN STREET.
REGULAR COUNCIL MEETING DECEMBER 4, 2006 5
Bill 2006 -110, sponsored by Councilman Oetting, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
SUBPARAGRAPH A; AND SCHEDULE 0 (PARKING TIME LIMIT ZONES),
SUBPARAGRAPH C, (ONE -HOUR TIME LIMIT), OF THE CODE OF THE CITY OF
JEFFERSON, BY THE ADDITION OF A PORTION OF WILDWOOD DRIVE.
Bill 2006 -111, sponsored by Councilman Oetting, 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, BY THE DELETION OF PORTIONS OF
EAST CAPITOL AVENUE.
Bill 2006 -112, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
COUNSELOR TO COMMENCE CONDEMNATION PROCEEDINGS.
BILLS PENDING
Bill 2006 -98, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES
FOR THE PERIOD OF NOVEMBER 1, 2006 TO OCTOBER 31, 2007, REFLECTING
FUNDS AS APPROVED IN THE FY 2007 UNIFIED PLANNING WORK PROGRAM.
Bill 2006 -98 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14129:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
Bill 2006 -99, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 29
(SEWERS AND SEWAGE DISPOSAL) BY ADDING A NEW SECTION 29 -149 (SECURITY
DEPOSIT) REQUIRING A SECURITY DEPOSIT AS A CONDITION OF SEWER SERVICE.
Bill 2006 -99 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING DECEMBER 4, 2006 6
following roll -call vote as Ordinance 14130:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
Bill 2006 -100, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE City OF JEFFERSON, MISSOURI, AMENDING THE
PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY,
MISSOURI.
Councilman Kevin Brown requested that Bill 2006 -100 be placed on the Informal Calendar
at this time.
Bill 2006 -101, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2
(ADMINISTRATION), SECTION 108 (COMPENSATION OF OFFICERS AND
EMPLOYEES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO THE
COMPENSATION PAID TO ELECTED OFFICIALS.
Bill 2006 -101 was read third time by title, placed on final passage and passed, as
substituted at the November 20, 2006 meeting, by the following roll -call vote as Ordinance
14131:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
Bill 2006 -102, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21,
SECTION 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO
NUISANCES, AND ADDING A NEW SECTION 8, ABATEMENT OF VIOLATIONS OF THE
PROPERTY MAINTENANCE CODE.
Bill 2006 -102 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14132:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
REGULAR COUNCIL MEETING DECEMBER 4, 2006 7
Bill 2006 -103, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADDING A NEW SECTION
155, HABITUAL OFFENDERS, TO CHAPTER 18, MISCELLANEOUS, SECTION 1, OF THE
CODE OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2006 -103 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14133:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and
Vogel
Nay: None
A staff presentation was made at this time to give the Council three different possible
options for dealing with the issue of yard waste if the burn ban is kept in place. A lengthy
discussion was held and several questions asked about the three different options put
forward. City Administrator Steve Rasmussen stated these were simply some ideas which
could be adjusted in any way, but it was a good beginning point.
Bill 2006 -104, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF
THE CITY OF JEFFERSON, MISSOURI BY AMENDING ORDINANCE 11610 OF THE CITY
OF JEFFERSON, MISSOURI AS IT PERTAINS TO BURNING.
Bill 2006 -104 was read third time by title and placed on final passage. Following a lengthy
discussion, Bill 2006 -104 was defeated by the following roll -call vote:
Aye: Brown, Crane, Harvey, Pope, and Vogel
Nay: Berry, Ferguson, Klindt, Layton, and Oetting
Mayor: voted "Nay" to break the tie
Bill 2006 -105, sponsored by Councilman Crane, entitled:
AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE REGARDING UNLIMITED
OPEN BURNING OF YARD WASTE, PAPER, AND CARDBOARD, DURING DAYLIGHT
HOURS, AS SUBMITTED BY AN INITIATIVE PETITION FROM REGISTERED VOTERS
OF THE CITY OF JEFFERSON, MISSOURI AND SETTING THE DATE FOR SUCH
ELECTION.
Bill 2006 -105 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14134:
Aye: Berry, Crane, Ferguson, Klindt, Layton, and Oetting
REGULAR COUNCIL MEETING DECEMBER 4, 2006 8
Nay: Brown, Harvey, Pope, and Vogel
Mayor John Landwehr asked the Council if they wanted to also place something on the
same ballot regarding what to do with yard waste if the city votes to keep the limited burning
in place. He asked if staff should be directed to put together a plan. At the conclusion of the
discussion, Council agreed it should be discussed at a committee meeting. A motion was
made by Councilman Brian Crane to refer the issue to the Council Committee on
Administration, seconded by Councilman Kevin Brown, and approved unanimously.
INFORMAL CALENDAR
Bill 2006 -83, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, AMENDING CHAPTER 1 (GENERAL
PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON BY ADDING SECTION 19
(OFFICIAL LANGUAGE) MAKING ENGLISH THE OFFICIAL LANGUAGE OF JEFFERSON
CITY.
Councilman Brian Crane requested that Bill 2006 -83 be withdrawn at this time.
RESOLUTIONS
RS2006 -24 A resolution pertaining to English as official language (Crane)
A motion was made by Councilman Mike Harvey for adoption of RS2006 -24, seconded by
Councilman Dan Klindt, and approved by the following roll -call vote:
Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel
Nay: Ferguson
SCHEDULED REPORTS
A staff report was given by City Planner Janice McMillan regarding the possibility of
extending Handi - Wheels service for City Council meetings. Her report indicated that the
service could be provided if the Council wished to do so at a cost of $30,000 due to the fact
that the Handi - Wheels service is considered para- transit, and cannot be offered without the
primary transit service also being provided at the same time. The $30,000 would include the
cost of extending the hours of operation for both of those services, as well as the persons
to staff the central maintenance facility in the event of an equipment problem during the
operations.
REGULAR COUNCIL MEETING DECEMBER 4, 2006
NEW BUSINESS
9
Mayor John Landwehr asked Finance Director Steve Schlueter to give an update on the
Conference / Convention Center request for proposals. Mr. Schlueter reported that, due to
the winter storm last Thursday and Friday that the deadline for getting those proposals to
the City has been extended until 5:00 P.M. Friday, December 8. He indicated that everyone
who had received the proposal packet had been notified, as well as those who had picked
up the packets independently.
UNFINISHED BUSINESS
Mayor John Landwehr stated there will be a Conference / Committee Center Committee
meeting held on Thursday, December 7, 2006, at 5:30 P.M. and that a closed session will
be held to discuss real estate issues. He made comments regarding what he would prefer
the City do in regards to which parts of the information will be open and which parts closed
in accordance with the Sunshine Law. He felt at a certain point, the information should start
being closed to protect confidential information, and that those parts are allowed to be
considered "closed" records by law.
APPROVAL OF CLOSED SESSION MINUTES
November 20, 2006 Closed Session Minutes - A motion was made by Councilman Kenneth
Ferguson to approve the minutes as presented, seconded by Councilman Cindy Layton, and
approved unanimously.
Mayor John Landwehr announced that a Closed Session had previously been scheduled
but he has learned that there is now no need for a closed session.
ADJOURNMENT
A motion was made by Councilman Dan Klindt for adjournment, seconded by Councilman
Kenneth Ferguson, and approved unanimously at 8:15 P.M.