HomeMy Public PortalAbout20080616REGULAR COUNCIL MEETING JUNE 16, 2008 1
CALL TO ORDER
The Regular Council Meeting of June 16, 2008, 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, Layton, Medin, Penfold, and
Smith
Absent: *Crane (arrived late in the meeting at 6:35 P.M.)
A quorum was declared present.
Mayor John Landwehr asked if anyone present wished to have their name added to the
existing list of presentations from the gallery and added those who responded.
AMENDMENT TO AGENDA
A motion was made by Councilman Rich Koon, seconded by Councilman Dan Klindt, to
amend the agenda to take up the Informal Calendar at this time. Motion was approved
unanimously.
INFORMAL CALENDAR
Bill 2008 -18, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 28
(FOOD SERVICE), OF THE CODE OF THE CITY OF JEFFERSON, BY AMENDING
SECTION 28 -2 PERTAINING TO FEES.
Councilman Kenneth Ferguson requested that Bill 2008 -18 be removed from the Informal
Calendar. Following its removal from the Informal Calendar, Councilman Ferguson
requested that Bill 2008 -18 be withdrawn at this time. He explained withdrawal of the bill is
based upon the decision of the Finance Committee at its June 9 Special Finance Committee
meeting. City Administrator Steve Rasmussen stated that he understands that the staff may
now send out the invoices based on how this issue was approved by the Council Budget
Committee during the current budget season's meetings. Councilman Dan Klindt suggested
REGULAR COUNCIL MEETING JUNE 16, 2008 2
that a cover letter accompany the invoices to explain any differences that business owners
may notice in their inspection fees. Mr. Rasmussen stated that there will be differences,
some will pay more, and some may pay less, depending upon the business and the
inspection required for each business. He stated that staff would be happy to send a cover
letter explaining these differences.
PUBLIC HEARINGS
a) Rezoning 101 Adams Street from PUD to C -O
City Planner Janice McMillan made a staff presentation regarding the background of the
requested rezoning request. Following her presentation, she answered several questions
asked by the Council regarding the issue.
Following the conclusion of the staff presentations, the following persons spoke on the
issue:
In favor:
Jill Finch Shanley, 926 Diamond Ridge, explained her organization's services and offered
to answer any questions.
There being no further testimony brought forward at this time, Mayor John Landwehr
declared the evidentiary portion of the public hearing concluded and stated the Council will
now take up the associated pending bill.
Bill 2008 -20, sponsored by Councilman Klindt, 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 0.49 ACRES FROM PUD PLANNED UNIT DEVELOPMENT
TO C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 101 ADAMS STREET,
DESCRIBED AS PARTS OF INLOTS 114 AND 115, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2008 -20 was read third time by title, placed on final passage and defeated by the
following roll -call vote:
Aye: Carroll, Ferguson, Harvey, Klindt, and Penfold
Nay: Koon, Layton, Medin, and Smith
Absent: Crane
b) Amendment to PUD Plan for 910 Weathered Rock Road
Mayor John Landwehr announced that due to the fact the party to this issue is his client, he
will neither participate in discussion, nor sign any documents related to, this issue.
City Planner Janice McMillan made a presentation giving details of the requested PUD Plan
REGULAR COUNCIL MEETING JUNE 16, 2008 3
Amendment. Following her presentation, no one requested to speak on the issue.
Mayor John Landwehr declared the evidentiary portion of the hearing concluded and stated
the Council will now take up the associated pending bill, 2008 -21, as well as related pending
Bill 2008 -22 at the request of the Council.
Bill 2008 -21, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF STONEHILL ROAD, SOUTH OF WEATHERED ROCK
ROAD AND CERTAIN EASEMENTS RELATING TO SAID RIGHT -OF -WAY
Bill 2008 -21 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14368:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
Bill 2008 -22, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN
AMENDMENT TO THE PUD PLAN FOR PROPERTY ADDRESSED AS 910 WEATHERED
ROCK ROAD; DESCRIBED AS PART OF TRACTS D AND I OF MILLBROOK
SUBDIVISION, LOT 19 OF STONEHILL SUBDIVISION, SECTION 3, AND VACATED
RIGHT -OF -WAY OF STONEHILL ROAD SOUTH OF WEATHERED ROCK ROAD,
JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2008 -22 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14369:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
MISCELLANEOUS AGENDA ITEMS
There were no miscellaneous items brought forward at this time.
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, and thanked all members who serve for the time they
REGULAR COUNCIL MEETING JUNE 16, 2008 4
dedicate to making our City better.
CAMPO Technical Committee, May 1, 2008
Public Safety Committee, April 4 and May 5, 2008
Parks and Recreation Commission, May 13, 2008
Transportation & Traffic Commission, May 15, 2008
Council Committee on Administration, May 5 and May 7, 2008
Human Relations Commission, May 13, 2008
Historic Preservation Commission, May 6, 2008
Finance Committee, May 16, 2008
COUNCIL LIAISON REPORTS
Administration Committee - Councilman Ron Medin announced that the Committee met
on June 4 and forwarded several items to the City Council.
Finance Committee - Councilman Rich Koon announced that the Committee had a Special
Finance Committee meeting on June 9, and met again on June 13.
Public Safety Committee - Councilman Mike Harvey announced that the next meeting will
be held on June 27.
Public Works & Planning Committee - Councilman Jim Penfold stated the Committee will
meet on June 19.
Ad Hoc Committees, if any - Councilman Rich Koon reported that the Mill Bottom Site
Committee will meet on June 17 at 12:00 P.M. in the Boone - Bancroft Room.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
No announcements were made at this time.
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments for Council approval:
Appointments to Jefferson City Police Dept.
Police Officer:
Jeffrey Falkenrath
REGULAR COUNCIL MEETING JUNE 16, 2008 5
Curtis Finke
Following introduction of the candidates, including the attendance at the meeting by Mr.
Finke, a motion was made by Councilman Dan Klindt, seconded by Councilman Mike
Harvey, and approved unanimously. Mayor Landwehr congratulated Mr. Finke upon his
appointment and welcomed him to the Jefferson City Police Department.
Appointments to following City Boards and Commissions:
Board /Commission
CVB
Parks &Rec. Commission
Parks &Rec. Commission
Parks &Rec. Commission
Planning &Zoning Commission
MSP Commission
Transportation & Traffic
Transportation & Traffic
USSJC Submarine Committee
Term
Name Expires Full /Partial
Sherry Mariea Dec 2008 Partial
Garten Pollard May 2011 Full
Edith Vogel May 2011 Full
Heidi Vollet May 2011 Full
Rick Mihalevich May 2012 Full
John Sheehan May 2011 Full
*3rd Term
Ernest Raub June 2011 Full
Michael Hughes June 2011 Full
George Bruss June 2011 Full
* requires 2/3 super- majority for approval
Mayor John Landwehr explained that he is recommending the third -term appointment of Mr.
Sheehan to the MSP Commission to maintain continuity on that important Commission.
Following his explanation, he stated that Mr. Sheehan's appointment will be considered
separately since it requires a two - thirds majority of the Council to approve.
A motion was made by Councilman Jim Penfold to approve the appointments, with the
exception of Mr. Sheehan, seconded by Councilwoman Cindy Layton, and approved
unanimously.
*Councilman Brian Crane arrived at this point in the meeting (6:35 P.M.)
A motion was made by Councilman Dan Klindt for approval of John Sheehan to the MSP
Commission, seconded by Councilwoman Cindy Layton, and approved unanimously by the
following roll -call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
REGULAR COUNCIL MEETING JUNE 16, 2008 6
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
Ms. Jill Snodgrass, Salute to America Committee, made a presentation regarding this
year's events surrounding the 4th of July. She distributed a schedule and map of the various
events, which start on July 3 and run through July 4. Mayor John Landwehr thanked her for
her efforts toward making this year's event a success.
Mr. Dale Siebeneck, Evers and Company, made a presentation regarding his firm's 2007
audit of the City of Jefferson. Following his presentation, Mayor John Landwehr suggested
placing the first few pages of this lengthy document on the city's website for access by the
public.
Councilman Mike Harvey and Councilwoman Jane A. Smith made a report on their
attendance of this year's National Emergency Management seminar in Emmittsburg, MD.
Following the reports, Mayor John Landwehr suggested that the Council may wish to devote
part of a future work session to hear a presentation regarding the role of elected officials
during an emergency setting.
Mr. Chad Warren, AmerenUE, made a presentation regarding vegetation control in
Jefferson City, specifically as it pertains to trimming trees located near power lines. He
showed a map of the areas in which Ameren will be performing this function over the next
weeks and months, and answered questions about the issue.
Ms. Lorie Rosburg, 3749 Schott Road, made a presentation regarding her participation in
the City / County Joint Animal Control Committee. She distributed the Committee's written
report and answered questions at the end of her report regarding the committee's findings
and recommendations.
Assistant Community Director Charles Lansford also made a brief report on his
participation in the joint City / County Animal Control Committee.
Mayor John Landwehr asked that the Public Safety Committee take the report given by Ms.
Rosburg and Mr. Lansford and begin discussing the matter at its committee meetings. He
asked that they work jointly with the County.
PRESENTATIONS FROM THE GALLERY
Mr. Leonard Steinman, 2217 W. Edgewood, stated he believes that sales taxes collected
by the Missouri Division of Surplus Property have not been appropriately distributed to the
City. Following his presentation, Mayor John Landwehr asked Finance Director Steve
Schlueter to look into the matter and get an answer back to the Council with Mr. Steinman
included in the distribution of the findings.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
REGULAR COUNCIL MEETING JUNE 16, 2008 7
There were no comments made at this time.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
a. Minutes of May 30 and June 2, 2008 City Council Meetings
A motion was made by Councilman Kenneth Ferguson to approve the Consent Agenda as
presented, seconded by Councilman Rich Koon, and approved unanimously.
RECONSIDERATION OF PREVIOUS BILL
Councilman Ron Medin made a motion, as a member of the prevailing side, that Bill 2008 -20
be reconsidered due to the fact that Councilman Brian Crane arrived late to the meeting.
Councilman Medin stated that while he did not intend to change his position on the issue,
he did believe the issue deserved to be voted on by the full Council if possible. The motion
to reconsiderwas seconded by Councilman Kenneth Ferguson, and approved unanimously.
Bill 2008 -20 was then placed back on the calendar.
Bill 2008 -20, sponsored by Councilman Klindt, 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 0.49 ACRES FROM PUD PLANNED UNIT DEVELOPMENT
TO C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 101 ADAMS STREET,
DESCRIBED AS PARTS OF INLOTS 114 AND 115, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2008 -20 was approved, as reconsidered, by the following roll -call vote, as Ordinance
14373:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, and Penfold
Nay: Koon, Layton, Medin, and Smith
Councilman Crane thanked the Council for allowing him the opportunity to vote on this
matter, and apologized that he arrived late to the meeting due to an unavoidable conflict in
his schedule.
REGULAR COUNCIL MEETING JUNE 16, 2008 8
BILLS INTRODUCED
Bill 2008 -26, sponsored by Councilman Penfold entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN
CONSTRUCTION, LLC FOR THE EAST CAPITOL AVENUE IMPROVEMENTS PROJECT.
Bill 2008 -27, sponsored by Councilman Harvey entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13
(FIRE PREVENTION & PROTECTION) OF THE CODE OF THE CITY OF JEFFERSON,
BY AMENDING SECTION, 13 -17 PERTAINING TO QUALIFICATIONS OF MEMBERS.
BILLS PENDING
Bill 2008 -23, sponsored by Councilwoman Layton; co- sponsored by Councilman Medin,
entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DELETING CHAPTER 7
(BOARDS AND COMMISSIONS) ARTICLE XIII (ECONOMIC DEVELOPMENT ADVISORY
BOARD.
Bill 2008 -23 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14370:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
Bill 2008 -24, sponsored by Councilman Penfold entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY,
MISSOURI, REGARDING VACATION OF A PORTION OF WALL WAY.
Bill 2008 -24 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14371:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
REGULAR COUNCIL MEETING JUNE 16, 2008 9
Bill 2008 -25, sponsored by Councilman Penfold, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF WALL WAY.
Bill 2008 -25 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14372:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Nay: None
RESOLUTIONS
RS2008 -10 Endorsing Single- Stream Recycling Process and Directing Staff to Request
Quote from Allied Waste (Medin)
A motion was made by Councilman Brian Crane, seconded by Councilman Jim Penfold, to
accept the Substitute RS2008 -10 previously distributed. Mayor John Landwehr ruled the
motion and second out of order because the motion to accept a substitute preceded any
motion for adoption of the resolution in its original form.
A motion was made by Councilman Mike Harvey, seconded by Councilman Jim Penfold, to
adopt RS2008 -10 as originally presented.
A motion was then made by Councilman Brian Crane to accept the Substitute RS2008 -10
previously distributed, seconded by Councilman Jim Penfold.
Following discussion, Councilman Brian Crane withdrew his motion to accept the substitute,
and Councilman Jim Penfold withdrew his second. Councilman Crane then requested that
the sponsor postpone adoption of the original resolution until a later date. No actions were
taken in response to Councilman Crane's request.
A motion was made by Councilman Ron Medin to amend RS2008 -10 as originally
presented, seconded by Councilman Rich Koon, as contained in paragraph 5 of the
resolution. Councilman Brian Crane requested that the amendment be reduced to writing.
City Counselor Nathan Nickolaus advised that a request to reduce an amendment to writing
is not subject to discussion and must be acted upon without further discussion. Mayor John
Landwehr asked if Councilman Medin's amendment is in writing, to which Councilman Medin
replied it is in writing, but he did not have copies of it to hand out. Mayor John Landwehr
announced he would call for a brief recess to allow Councilman Medin to have copies made
of his amendment and take it up immediately upon reconvening.
The Council recessed at 8:10 P.M.
RECONVENE
REGULAR COUNCIL MEETING JUNE 16, 2008 10
The meeting was reconvened by Mayor John Landwehr at 8:17 with the following Council
Members present:
Present: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold,
and Smith
Absent: None
Councilman Medin's amendment as moved prior to the recess was distributed in writing to
the Council. Following discussion, Councilwoman Jane A. Smith called for the question,
seconded by Councilman Rich Koon, and approved with Councilman Brian Crane voting
"Nay."
Councilman Medin's motion to amend was then approved unanimously by the following roll -
call vote:
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
A motion was made by Councilman Brian Crane to temporarily lay aside Resolution
RS2008 -10, as amended, seconded by Councilman Kenneth Ferguson. Councilwoman
Jane A. Smith called for the question, seconded by Councilman Rich Koon, and the call for
the question was approved by the following roll -call vote:
Aye: Carroll, Crane, Harvey, Koon, Layton, Medin, Penfold, and Smith
Nay: Ferguson and Klindt
The motion to lay aside was then defeated by the following roll -call vote:
Aye: Crane, Ferguson, Harvey, and Klindt
Nay: Carroll, Koon, Layton, Medin, Penfold, and Smith
RS2008 -10 was then adopted, as amended, by the following roll -call vote:
Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith
Nay: Crane
RS2008 -11 Memorandum of Understanding Between City and Chamber of Commerce
Pertaining to Old Town Revitalization Action Center (Medin)
A motion was made by Councilman Mike Harvey for adoption, seconded by Councilman Dan
Klindt, and approved unanimously by the following roll -call vote:
REGULAR COUNCIL MEETING JUNE 16, 2008 11
Aye: Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and
Smith
Nay: None
SCHEDULED REPORTS
No reports were given at this time.
NEW BUSINESS
Councilwoman Carrie Carroll stated she had just attended Missouri Municipal League's
Newly Elected Officials Conference this week and stated she was pleasantly surprised at
the amount of information presented which had already been provided to her by City Clerk
Phyllis Powell and commended Ms. Powell for her help after her election.
Councilwoman Carrie Carroll commended City Planner Janice McMillan for her actions in
response to a constituent concern regarding lighting on a parking lot.
Councilwoman Carrie Carroll stated she had attended the recent Fire School and was
impressed by the level of expertise and intensive training of our Fire Department.
Councilwoman Carrie Carroll announced to the public that citizens may bring their old
telephone books for recycling to City Hall, as well as drop off food donations for the food
drive in conjunction with that recycling effort.
UNFINISHED BUSINESS
There was no unfinished business brought forward at this time.
ADJOURNMENT
There being no further business to come before the Council at this time, a motion was made
by Councilwoman Jane A. Smith for adjournment, seconded by Councilman Ron Medin and
approved unanimously at 8:25 P.M.