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HomeMy Public PortalAbout20100301REGULAR COUNCIL MEETING MARCH 1, 2010 1 CALL TO ORDER The Regular Council Meeting of March 1, 2010, 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, Medin, Penfold, Pope, Scrivner and Struemph Absent: None A quorum was declared present. Mayor John 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. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. Mayor John Landwehr asked President Pro Tempore Mike Harvey to assume the Chair at this time to take up a matter in which he is recusing himself. President Pro Tempore Mike Harvey assumed the Chair at this time. AMEND THE AGENDA A motion was made by Councilman Rich Koon to amend the agenda to take up New Business immediately after Item 12, Presentations from the Gallery on Specific Bills or Resolutions, seconded by Councilman Bob Scrivner, for the purpose of taking up the personnel issue related to City Administrator Steve Rasmussen which has recently been in REGULAR COUNCIL MEETING MARCH 1, 2010 2 the local media. Councilwoman Carrie Carroll stated she intends to introduce a new resolution, RS2009 -46, under New Business and have it voted on under New Business. The motion to amend the agenda was then approved unanimously. President Pro Tempore Mike Harvey then turned the Chair back over to Mayor John Landwehr. MISCELLANEOUS AGENDA ITEMS Mayor John Landwehr asked Councilwoman Carrie Carroll to read a proclamation honoring Mrs. Cornelia Kibbey Roberts on her 100' Birthday. Following the reading of the proclamation, Mayor Landwehr presented Mrs. Roberts, who was in attendance, with the framed proclamation and congratulated her. 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: a. CAMPO Board of Directors, January 20, 2010 b. Planning & Zoning Commission, January 14, 2010 c. Public Safety Committee, January 14, 2010 d. Administration Committee, January 13, 2010 e. Historic Preservation Commission, January 12, 2010 f. Housing Authority Board of Commissioners, January 19, 2010 g. CVB Minutes and Reports for January, 2010 (available for review in City Clerk's office) 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 announced that there will be no meeting of the Committee in March. Finance Committee - Councilman Koon reported that the Committee met last Friday, February 26, immediately following the 12:00 P.M. Brown Bag work session. REGULAR COUNCIL MEETING MARCH 1, 2010 3 Public Safety Committee - Councilman Dan Klindt reported that the next Committee meeting will be held on April 2 at Fire Station 4 on Ellis Boulevard. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on March 18 at 7:30 A.M. Ad Hoc Committees, if any: No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS (a) Janice McMillan reported that Open Houses will be held on March 2 & March 11 regarding Bus Route Changes (b) Matt Morasch announced the March 3 McCarty Street Open House (c) Matt Morasch announced the March 4 Lafayette Street Open House (d) City Administrator Steve Rasmussen announced that a Work Session will be held on Monday, March 8 to discuss three topics: (1) Report from Randy Allen of the Chamber of Commerce, (2) Update on CIP, and (3) Update on Code Enforcement issues. APPOINTMENTS BY THE MAYOR The following appointments were recommended by Mayor John Landwehr for approval at this time: Police Department Fiscal Affairs Technician — Lauren Lewis Following introduction of Ms. Lewis to the Mayor and City Council, a motion was made by Councilman Mike Harvey to approve the appointment as recommended, seconded by Councilman Jim Penfold, and approved unanimously. Mayor Landwehrwelcomed Ms. Lewis to the Police Department. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS City Administrator Steve Rasmussen introduced Ms. Michelle Glebe as the person which the City has just hired as Communications Manager, and announced that Ms. Glebe's first day on the job will be March 10. Ms. Glebe thanked the City for this opportunity, and stated she looks forward to representing the City in keeping the public and media informed and educated on matters related to the City. REGULAR COUNCIL MEETING MARCH 1, 2010 4 PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS AND RESOLUTIONS Mr. Mark Edwards, President of the local Fraternal Order of Police (F.O.P.) urged the Council to adopt Resolution RS2009 -45 pertaining to recognizing the F.O.P. as Chief Bargaining Agent for the Police Department. Mr. Leonard Steinman made comments regarding Bill 2009 -136 (surplus buses) and stated the City should place a minimum bid on these when they are taken to the auto auction. AMEND AGENDA A motion was made by Councilman Ron Medin to amend the agenda at this time to take up Resolution RS2009 -45 since several Police Department staff were present regarding that item. Motion was seconded by Councilman Eric Struemph, and approved unanimously. ITEMS TAKEN UP OUT OF ORDER RESOLUTIONS: Resolution RS2009 -45 - Recognizing F.O.P. as Chief Bargaining Agent for Jefferson City Police (Klindt) Staff: Steve Rasmussen A motion was made by Councilman Jim Penfold to adopt Resolution RS2009 -45 as presented, seconded by Councilman Eric Struemph, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Mayor John Landwehr turned the Chair over to President Pro Tempore Mike Harvey at this time and recused himself from the items taken up out of order under New Business. City Counselor Nathan Nickolaus also recused himself and Associate City Counselor Drew Hilpert assumed the position of legal counsel during the following part of the meeting. NEW BUSINESS: President Pro Tempore Mike Harvey announced that the Council will now take up New REGULAR COUNCIL MEETING MARCH 1, 2010 5 Business. Councilwoman Carrie Carroll stated she had distributed RS2009 -46 in the pre- meeting, and moved that it be introduced at this time. Councilman Jim Penfold stated he seconded the motion for purposes of discussion. Following a lengthy discussion of the Resolution, Councilman Eric Struemph called the question, seconded by Councilman Kenneth Ferguson, and approved by the following roll -call vote: Aye: Ferguson, Harvey, Klindt, Koon, Medin, Pope, Scrivner, and Struemph Nay: Carroll and Penfold Councilwoman Carrie Carroll then made a motion for adoption of RS2009 -46, seconded by Councilman Kenneth Ferguson, and defeated by the roll -call vote: Aye: Carroll and Koon Nay: Ferguson, Harvey, Klindt, Medin, Penfold, Pope, Scrivner, and Struemph Councilman Ron Medin then distributed a new resolution, which shall be numbered RS2009 -47, which he had drafted this afternoon, and moved for adoption of the resolution. The motion to adopt was seconded by Councilman Bryan Pope, and approved by the following roll -call vote: Aye: Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Carroll RECESS President Pro Tempore Mike Harvey then turned the Chair back over to Mayor John Landwehr, who called for a brief recess at this time (7:30 P.M.) RECONVENE The meeting was reconvened at 7:53 P.M. by Mayor John Landwehr with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None REGULAR COUNCIL MEETING MARCH 1, 2010 6 CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of February 6, February 12, and February 15, 2010 City Council Meetings A motion was made by Councilman Jim Penfold to approve the Consent Agenda, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2009 -138, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO LOITERING. Bill 2009 -139, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO PEDESTRIAN CONTROL SIGNS. Bill 2009 -140, 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 0.14 ACRES ADDRESSED AS 1102 EAST MCCARTY STREET, FROM RA -2 HIGH DENSITY RESIDENTIAL TO N -O NEIGHBORHOOD OFFICE, DESCRIBED AS PART OF LOT 19 OF OWENS SUBDIVISION OF OUTLOTS 55 AND 56, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -141, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF FAIRGROUND ACRES SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2009 -142, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PAIGE DRIVE, LOCATED IN FAIRGROUND ACRES SUBDIVISION. REGULAR COUNCIL MEETING MARCH 1, 2010 7 Bill 2009 -143, 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 A PORTION OF FOUR SEASONS DRIVE. Bill 2009 -144, 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 A PORTION OF STADIUM BOULEVARD. BILLS PENDING Bill 2009 -133, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOTS 58 AND 59 OF THE TRAILS OF KAUFFMAN HILLS SECTION THREE. Bill 2009 -133 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14645: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -134, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOT 7 OF STONERIDGE VILLAGE SECTION TWO. Bill 2009 -134 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14646: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -135, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 REGULAR COUNCIL MEETING MARCH 1, 2010 8 (ADMINISTRATION) OF THE CODE BY ADDING A NEW SECTION 2 -30 (PUBLIC HEARINGS). Bill 2009 -135 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14647: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -136, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2009 -136 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14648: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -137, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIDWEST ATCSERVICE, INC., FOR AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO JANUARY 31, 2010. Bill 2009 -137 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14649: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS RS2009 -44 Permissive use of right -of -way for Lincoln University for Landscape / Signage REGULAR COUNCIL MEETING MARCH 1, 2010 9 in the Roundabout Center Island at the Stadium, Leslie, Lafayette Intersection (Penfold) Staff: Pat Sullivan A motion was made by Councilman Jim Penfold for adoption of RS2009 -44, seconded by Councilman Dan Klindt, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None SCHEDULED REPORTS Mayor John Landwehr stated that he has asked Mr. Lansford to defer his report scheduled for tonight until the March 15 Council meeting. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman made a presentation regarding caffeinated drinks being provided in local schools. UNFINISHED BUSINESS Councilman Jim Penfold stated he had been asked by a constituent to request the Council to consider extending the open burning season beyond the March 15 cutoff date. He asked the Fire Department to provide a report to the Council at the March 15 meeting whether there have been any fire situations dealt with by the Fire Department in connection with the open burning season. GO INTO CLOSED SESSION Mayor John Landwehr turned the Chair over to President Pro Tempore Mike Harvey at this time and recused himself from the next discussion and /or actions. City Counselor Nathan Nickolaus also recused himself and Associate City Counselor Drew Hilpert took his place temporarily. President Pro Tempore Mike Harvey announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session at this time to discuss the following: Personnel [Sec. 610.021.(3)] REGULAR COUNCIL MEETING MARCH 1, 2010 10 A motion was made by Councilman Ron Medin to go into closed session, seconded by Councilman Rich Koon, and defeated by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Scrivner, and Struemph Nay: Harvey, Koon, Medin, Penfold, and Pope Councilwoman Carrie Carroll stated that she would have preferred to discuss her issues related to personnel in closed session, but if the Council wanted to do so in open session, she would go along with their decision. Ms. Carroll then made comments regarding her opinion of Steve Rasmussen's job performance as City Administrator. Following her comments, Councilman Jim Penfold made comments about what he believes to be the unfair bias of the local newspaper which he has personally experienced in recent weeks, and which he believes to be the same bias in connection with Mr. Rasmussen's situation. Following a lengthy discussion by several Council Members regarding their opinions of Mr. Rasmussen's performance as City Administrator, Councilman Rich Koon asked if Mr. Rasmussen had any comments he would like to make regarding any issues. Mr. Rasmussen explained the events which occurred on January 15, 2010, from his point of view, and which have recently been widely publicized in the media. He stated he would be happy to speak to any of the Council to answer their questions about anything. He also stated if any of them have problems with his performance, he would also be willing to speak with them about those and try to resolve them to their mutual satisfaction. ADJOURNMENT As there was no further business brought before the Council, a motion was made by Councilman Ron Medin for adjournment, seconded by Councilman Rich Koon, and approved unanimously at 9:05 P.M.