HomeMy Public PortalAbout20091207REGULAR COUNCIL MEETING DECEMBER 7, 2009 1
CALL TO ORDER
The Regular Council Meeting of December 7, 2009, 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, Klindt, Koon, Penfold, Pope, Scrivner and
Struemph
Absent: Medin
A quorum was declared present.
Mayor Landwehr asked if anyone present wished to be added to the list of those who would
like to make a presentation to the Council tonight, and added those names to the list.
Mayor John Landwehr announced some amendments to the agenda which the Council
wishes to make, which will entail moving up the appleJac proclamation under "Presentations
from Staff, Consultants & Invited Guests" as well as the consideration of Bill 2009 -103,
followed by a brief recess at which time the Mayor and City Clerk will execute the bond
documents so that the bond counsel can take them to Kansas City and arrange to sell the
bonds beginning the next day. A motion to amend the agenda was made by Councilman Jim
Penfold, seconded by Councilman Eric Struemph, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS AND INVITED GUESTS
Mayor John Landwehr read a proclamation which he presented to Mr. Tom Pieper and Mr.
Greg Breuer, members of the local appleJac club, in honor of the 25th anniversary of Apple
Computers and its impact on our community.
BILLS INTRODUCED
Bill 2009 -103, sponsored by Councilman Koon, entitled:
REGULAR COUNCIL MEETING DECEMBER 7, 2009 2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY
OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT
REVENUE BONDS (COMMAND WEB OFFSET COMPANY, INC. PROJECT), SERIES
2009, IN A PRINCIPAL AMOUNT NOT TO EXCEED $22,500,000 TO PAY THE COSTS OF
A PROJECT FOR COMMAND WEB OFFSET COMPANY, INC., A MISSOURI
CORPORATION, CONSISTING OF THE CONSTRUCTING, FURNISHING AND
EQUIPPING OF A 45,000 SQUARE FOOT ADDITION TO THE COMPANY'S EXISTING
PRINTING FACILITY; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF
THE BONDS.
Councilman Rich Koon requested that the rules be suspended and Bill 2009 -103 placed on
final passage. There were no objections to the request for suspension of the rules.
Bill 2009 -103 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14611:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
RECESS
Mayor John Landwehr called for a brief recess at this point in the meeting (6:15 P.M.)
RECONVENE
The meeting was reconvened at 6:27 by Mayor John Landwehr with the following Council
members present:
Present: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner and
Struemph
Absent: None
Mayor John Landwehr requested that City Counselor Nathan Nickolaus take minutes
temporarily until City Clerk Phyllis Powell returns to the meeting after the execution of
documents associated with Bill 2009 -103.
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:
REGULAR COUNCIL MEETING DECEMBER 7, 2009 3
a. CAMPO Board of Directors, October 21, 2009
b. Planning & Zoning Commission, October 8, 2009
c. USS Jefferson City Submarine Committee, July 29, 2009
d. Finance Committee, October 16, 2009
e. Environmental Quality Commission, September 17, 2009
f. JCTV Steering Committee, June 11, July 9, and September 17, 2009
g. CVB Reports and Minutes (available for review in the City Clerk's office)
h. Housing Authority Board of Commissioners, October 13, 2009
i. Cultural Arts Commission, October 26, 2009
j. Transportation & Traffic Commission, October 14, 2009
Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for
their vital contribution to our community.
COUNCIL LIAISON REPORTS
Administration Committee - Councilwoman Carrie Carroll stated the next meeting will be
Wednesday, December 9 at 4:00 P.M.
Finance Committee - Councilman Koon reported next meeting is December 18 immediately
following the Brown Bag work session. The meeting may be cancelled if there are no
agenda items.
Public Safety Committee - Councilman Dan Klindt reported that the Committee met last
Friday, December 4, and took a tour of the Emergency Management Services (EMS)
building.
Public Works & Planning Committee - Councilman Jim Penfold reported that the next
meeting will be held in January, 2010.
Ad Hoc Committees, if any: There were no ad hoc reports or announcements made.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
There were no announcements made at this time.
APPOINTMENTS BY THE MAYOR
There were no appointments recommended.
REGULAR COUNCIL MEETING DECEMBER 7, 2009 4
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
Mr. Steven Miltenberger made a presentation regarding Bill 2009 -105 and asked the
Council to approve it at the December 21 Council meeting.
Mr. Chris Thompson made a presentation regarding Bills 2009 -97 and 2009 -99, which
pertain to sidewalks in infill projects. Mr. Thompson stated he spoke on behalf of the Cole
County Extension and urged the Council to consider waiving sidewalks for certain projects
at this time to allow projects to move forward which might otherwise be jeopardized due to
the current economic climate.
Mr. Larry Brandhorst spoke on behalf of Architects Alliance, and stated he agreed with Mr.
Thompson and also asked the Council to consider the economic impact to the City of
several projects could not move forward due to the requirement to include sidewalks.
A motion was made by Councilman Bob Scrivner to amend the agenda to allow a report
from City Counselor Nathan Nickolaus regarding the sidewalk issue at this time. Motion was
seconded by Councilman Dan Klindt, and approved unanimously. Mayor John Landwehr
asked City Counselor Nathan Nickolaus to explain the items which have recently been
discussed regarding the issue of sidewalks. Following Mr. Nickolaus's presentation,
Councilman Dan Klindt stated he will get a new version of the substitute bill back to the
Council in the next few days to allow them plenty of time to read and discuss it.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
Minutes of November 13 and November 16, 2009 City Council Meetings
A motion was made by Councilman Kenneth Ferguson to approve the minutes, seconded
by Councilman Bob Scrivner, and approved unanimously.
BIDS OVER $25,000
Bid 2461 — Concrete and Concrete Products, All City
A motion was made by Councilman Jim Penfold to approve the minutes, seconded by
Councilman Bryan Pope, and approved unanimously.
REGULAR COUNCIL MEETING DECEMBER 7, 2009 5
BILLS INTRODUCED
Bill 2009 -100, sponsored by Councilman Struemph, 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 0.24 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL
TO PUD PLANNED UNIT DEVELOPMENT, FOR LAND ADDRESSED AS 1127 AND 1129
EAST McCARTY STREET, DESCRIBED AS PART OF LOT 15 OF OWENS SUBDIVISION
OF OUTLOTS NOS. 55 AND 56, JEFFERSON CITY, COLE COUNTY, MISSOURI
Bill 2009 -101, sponsored by Councilman Struemph, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 1127 AND
1129 EAST MCCARTY STREET; DESCRIBED AS PART OF LOT 15 OF OWENS
SUBDIVISION OF OUTLOTS NOS. 55 AND 56, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2009 -102, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL MISSOURI
PROFESSIONAL SERVICES, INC. FOR THE ENGINEERING DESIGN OF LAFAYETTE
STREET EXTENSION AND IMPROVEMENTS.
Bill 2009 -104, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2009 -2010
BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE CAPITAL IMPROVEMENT SALES TAX FUND.
Bill 2009 -105, sponsored by Councilman Klindt, 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 EAST FRANKLIN STREET.
Bill 2009 -106, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING DECEMBER 7, 2009 6
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFORMATION
TECHNOLOGIES, INC., FOR SOFTWARE UPGRADES / MODIFICATIONS TO VARIOUS
LAW ENFORCEMENT AGENCIES AS PART OF THE CENTRAL MISSOURI REGIONAL
JUSTICE INFORMATION SYSTEM.
Councilman Dan Klindt requested that the rules be suspended and Bill 2009 -106 placed on
final passage. There were no objections to the request for suspension of the rules.
Bill 2009 -106 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14612:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
Bill 2009 -107, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOW PRO, LLC FOR
TOWING AND STORAGE SERVICE OF ABANDONED MOTOR VEHICLES.
Bill 2009 -108, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SITE
LICENSE AGREEMENT WITH ROBERTS TOWER COMPANY LLC FOR TEMPORARY
RELOCATION OF RADIO EQUIPMENT.
Councilman Dan Klindt requested that the rules be suspended and Bill 2009 -108 placed on
final passage. There were no objections to the request for suspension of the rules.
Bill 2009 -108 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14613:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
Bill 2009 -109, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HUBER AND
ASSOCIATES FOR SOFTWARE UPGRADES / MODIFICATIONS TO CALLAWAY
COUNTY AND FULTON, MISSOURI, AS PART OF THE CENTRAL MISSOURI REGIONAL
JUSTICE INFORMATION SYSTEM.
Councilman Dan Klindt requested that the rules be suspended and Bill 2009 -109 placed on
REGULAR COUNCIL MEETING DECEMBER 7, 2009 7
final passage. There were no objections to the request for suspension of the rules.
Bill 2009 -109 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14614:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
BILLS PENDING
Bill 2009 -98, sponsored by Councilman Penfold, 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 COMMISSION AND COLE COUNTY.
Councilman Jim Penfold requested that Bill 2009 -98 be placed on the Informal Calendar at
this time.
Bill 2009 -99, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE, CHAPTER 32, REGARDING WAIVERS FOR SIDEWALKS.
Councilman Dan Klindt requested that Bill 2009 -99 be placed on the Informal Calendar at
this time.
INFORMAL CALENDAR
Bill 2009 -97, sponsored by Councilman Klindt, cosponsored by Council Members Carroll,
Scrivner, Struemph, Pope, and Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING A
MORATORIUM ON THE REQUIREMENT OF THE CITY CODE THAT SIDEWALKS BE
CONSTRUCTED IN CONJUNCTION WITH IN -FILL DEVELOPMENT AND RENOVATION.
Councilman Dan Klindt requested that Bill 2009 -97 remain on the Informal Calendar at this
time.
RESOLUTIONS
REGULAR COUNCIL MEETING DECEMBER 7, 2009 8
RS2009 -35 Renewal (Year 2) of Lease Agreement with Charles Steck for Farming City
Owned Property (Penfold)
A motion was made by Councilman Jim Penfold for adoption of RS2009 -35 as presented,
seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call
vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
RS2009 -36 Renewal (Year 2) of Lease Agreement with Fischer Grain Farms for Farming
City Owned Property (Penfold)
A motion was made by Councilman Jim Penfold for adoption of RS2009 -36 as presented,
seconded by Councilman Eric Struemph, and approved unanimously by the following
roll -call vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
RS2009 -37 Appointing Representative to Capital View Drainage District (Penfold)
A motion was made by Councilman Jim Penfold for adoption of RS2009 -37 as presented,
seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call
vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
RS2009 -38 Amending and Renewing Contract with Chamber of Commerce for Economic
Development (Medin)
A motion was made by Councilman Bob Scrivner for adoption of RS2009 -38 as presented,
seconded by Councilman Kenneth Ferguson, and approved unanimously by the following
roll -call vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
SCHEDULED REPORTS
REGULAR COUNCIL MEETING DECEMBER 7, 2009 9
Fire Chief Robert Rennick gave a detailed report on the character trait "Ethical." Following
his report, Mayor John Landwehr asked if any other cities have Codes of Ethics such as
those mentioned by Chief Rennick in his report. Since Chief Rennick pointed out that the
City of Jefferson does not have such a Code, Mayor Landwehr asked staff to come up with
a proposed Code of Ethics to present to the Council in the near future.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
Mr. Leonard Steinman stated he believes that veterans of wars not honored by any other
memorials should be honored by the City's "Veterans' Memorial" located in front of the
Police Department.
Mr. Joe Wilson made a presentation regarding the new animal shelter, and re- emphasized
the importance of a successful spay /neuter program which he believes will address most of
the animal problems currently faced by the City.
COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS
Mayor John Landwehr stated he agrees with much of what Mr. Wilson said during his
presentation, and encouraged the City to continue working on a spay /neuter program to
address the overpopulation of animals.
Councilman Jim Penfold asked for a status report on the low- income spay / neuter program
currently in effect. Mayor John Landwehr asked Community Development Director Pat
Sullivan to put together a presentation which he would ask to be given under "Scheduled
Reports" on the December 21 agenda.
NEW BUSINESS
Councilman Jim Penfold asked Community Development Director Pat Sullivan what is being
done to resolve the issue of blue trash carts being left at the curbs. Mr. Sullivan stated that
the 30 -day period has now expired to allow residents time to comply with the City's code
regarding leaving trash carts by the curb. He stated that the City will be going through the
neighborhoods leaving reminders about the City's regulations regarding that issue. He
stated that Rick Graham will becoming to the January 19 City Council meeting to make
another report to the Council on the status of the trash / recycling program.
Mayor John Landwehr commended City staff on the three recent holiday events in the City
and thanked them for their efforts to make all three a great success. Those events were the
lighting of the Mayor's Christmas Tree, Living Windows, and the annual Christmas parade.
REGULAR COUNCIL MEETING DECEMBER 7, 2009 10
UNFINISHED BUSINESS
No Unfinished Business was brought forward at this time.
APPROVAL OF CLOSED SESSION MINUTES
A motion was made by Councilman Rich Koon to approve the minutes of the November 16,
2009 Closed Session, seconded by Councilman Kenneth Ferguson, and approved
unanimously by the following roll -call vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner, and
Struemph
Nay: None
ADJOURNMENT
A motion to adjourn was made by Councilman Mike Harvey, seconded by Councilman Jim
Penfold, and approved unanimously at 8:05 P.M.