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Home My Public Portal About20090406REGULAR COUNCIL MEETING APRIL 6, 2009 1 CALL TO ORDER The Regular Council Meeting of April 6, 2009, was convened at 6:00 P.M. by Mayor John Landwehr. 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. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Absent: None A quorum was declared present. Mayor John Landwehr extended condolences to Councilman Ron Medin and Councilman Mike Harvey on behalf of himself and the rest of the City Council on the recent loss of their mothers. 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: Planning and Zoning Commission, February 12, 2009 CAMPO Board of Directors, January 21, 2009 Public Works & Planning Committee, February 19, 2009 Public Safety Committee, February 27, 2009 Housing Authority Board of Commissioners, February 17, 2009 Conference Center Committee, October 30, 2008 Finance Committee, February 13, 2009 JCTV Steering Committee, February 12, 2009 CVB Reports and Minutes (on file for review in the City Clerk's Office) 2009 Affirmative Action Plan REGULAR COUNCIL MEETING APRIL 6, 2009 2 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. MISCELLANEOUS AGENDA ITEMS A proclamation was presented for Public Safety Telecommunications Week. Captain Robert Cynova introduced seven employees who currently work in the Jefferson City 9 -1 -1 call center. The Mayor and Council extended their thanks to the employees for their dedication to their jobs and the important service they perform on behalf of our citizens. COUNCIL LIAISON REPORTS Administration Committee - Councilman Ron Medin reported that the Committee will meet next on Wednesday, April 8 at 8:00 A.M. He then asked Councilwoman Cindy Layton to report on the Cultural Arts Commission who asked citizens who may be interested in serving on that Commission to fill out the Volunteer Profile form and submit it for consideration. Finance Committee - Councilman Rich Koon stated the Committee will meet on Friday, April 17 immediately following the 12:00 P.M. Brown Bag work session. Public Safety Committee - Vice- Chairman Dan Klindt stated that the Committee met last Friday, April 3 immediately following the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be Thursday, April 23 at 7:30 A.M. Ad Hoc Committees, if any: Councilman Rich Koon made a brief report of the actions taken by the Millbottom Committee, including passing on to the Council a development agreement ordinance which is on tonight's agenda as a Bill 2008 -172. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Assistant Community Director Charles Lansford reported on the dates for this year's annual large bulky items spring trash pickup as well as the hazardous household waste, e- waste, and tire collection dates and locations. City Administrator Steve Rasmussen reported that a Work Session will be held on April 13 to discuss the following: (1) bio- diesel (2) trash / recycling applications REGULAR COUNCIL MEETING APRIL 6, 2009 3 (3) wastewater master plan, and (4) distribution of forms for Council appointments to committees and liaison positions at the April 20 meeting. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointment for Council approval: Jefferson City Police Department Appointments: 1. Communications Operator - Amanda Ruediger and William Coster 2. Police Officer - Tiffany Taylor A motion was made by Councilman Jim Penfold for approval of the appointment as recommended, seconded by Councilman Dan Klindt, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Ms. Brenda Doyle, Director of the Jefferson City Senior Nutritional Center, made a presentation about the services provided within our community by the organization, and announced some upcoming events in which citizens can participate to help raise much - needed funds for the Center. She stated that those wishing to volunteer or make a donation, may call the mall office at 635 -4120, the Clark Senior Center at 634 -8020, or mail Senior Nutritional Center, P.O. Box 104718, Jefferson City MO 65110. Mayor John Landwehr thanked Ms. Doyle for her presentation and invited her to make future presentations to keep this organization's activities before the public and the Council. City Administrator Steve Rasmussen introduced that following Fire Department personnel have recently been hired or promoted: Promotions Fire Captain - Jay Niemeyer Fire Driver - Bryan Boeckmann, Michael Schultz, and Corey Sapp New Hire Fire Fighter - Colt Doman Mayor John Landwehr thanked the new Fire personnel for their service to the City, and wished them well in their future careers with the Fire Department. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS REGULAR COUNCIL MEETING APRIL 6, 2009 4 Mr. Tom Kauffman, Kauffman Enterprises, made a presentation regarding bill 2008 -166 and asked that the City Council award this job to his company as low bidder. He commented on details of his performance on past projects on which he worked for the City, then answered questions asked by the Council. Mr. Leonard Steinman, Jefferson City, stated he is opposed to Resolution RS2008 -44. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: a. Minutes of March 9, March 13, and March 16, 2009 City Council Meetings A motion was made by Councilman Dan Klindt for approval of the Consent Agenda as presented, seconded by Councilman Bob Scrivner, and approved unanimously. BILLS INTRODUCED Bill 2008 -161, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING ARTICLE III (FIRE PREVENTION CODE) AND ENACTING A NEW ARTICLE III IN LIEU THEREOF. Bill 2008 -162, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SIDEWALK REPAIR. Bill 2008 -163, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2008 -164, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2008 -2009 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND AND THE WASTEWATER FUND. REGULAR COUNCIL MEETING APRIL 6, 2009 5 Bill 2008 -165, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT # 3 FOR BILLING SERVICE AND TERMINATION OF WASTEWATER SERVICE. Bill 2008 -166, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN CONSTRUCTION FOR MISSISSIPPI, HOUGH PARK, ELLIS BLVD. AND GREEN MEADOW STORMWATER PROJECT. Bill 2008 -167, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 (STREETS AND HIGHWAYS), SCHEDULE (N), (PARKING METER ZONES AND MONTHLY PARKING FEES), SUBPARAGRAPH (B), (ON STREET LOCATION), OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF ADAMS STREET. Bill 2008 -168, 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 0.14ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RS -4 MEDIUM DENSITY RESIDENTIAL AND REZONING 0.19 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 1707 STADIUM BOULEVARD, DESCRIBED AS PART OF LOT 20 OF H.A. SWIFT AND A. THOMPSON SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2008 -169, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 1920 JEFFERSON STREET; DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2008 -170, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF EMILY LANE SUBDIVISION, SECTION REGULAR COUNCIL MEETING APRIL 6, 2009 6 ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2008 -171, sponsored by Councilman Klindt, 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 EMILY LANE, LOCATED IN NEWLY PLATTED EMILY LANE SUBDIVISION Bill 2008 -172, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHAW HOFSTRAAND ASSOCIATES, INC. FOR THE EXCLUSIVE RIGHT TO REDEVELOP MILLBOTTOM PROPERTY. BILLS PENDING Bill 2008 -157, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE POLICY OF THE CITY OF JEFFERSON REGARDING CLOSED RECORDS. Bill 2008 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14504: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -158, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE III OF THE CODE TO REFLECT ADOPTED TRANSIT SYSTEM FARES. Bill 2008 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14505: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -159, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING APRIL 6, 2009 7 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE SEP -URBAN PROGRAM AGREEMENT. Bill 2008 -159 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14506: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -160, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ENACTING THE "JEFFERSON CITY NEIGHBORHOOD REINVESTMENT ACT, PART III." Bill 2008 -160 was read third time by title and placed on final passage. A motion was made by Councilman Ron Medin to accept the Substitute Bill which was distributed on the April 2 Council packets, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Bill 2008 -160 was then passed, as substituted, by the following roll -call vote as Ordinance 14507: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RECONSIDERATION OF BILL Councilman Ron Medin made a motion, as one of those who voted on the prevailing side, to reconsider Bill 2008 -160, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Councilman Medin then explained that he had distributed an amendment on Friday afternoon by email to the Mayor and City Council which would make the following change to Section 3 of the Bill: Insert the words "up to" between the words "Estate" and "the" so that the REGULAR COUNCIL MEETING APRIL 6, 2009 8 opening paragraph of Section 3 reads as follows: "Upon receipt of a proper application, and certification by the Director of Finance shall pay to the owner of a parcel of Eligible Real Estate up to the amount of $5,000.00 to be applied to the down payment for purchase of the Eligible Real Estate." A motion was made by Councilman Ron Medin to amend the Substitute Bill 2008 -160 which was accepted by the Council as stated above, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None Substitute Bill 2008 -160, was then passed, as amended, by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None INFORMAL CALENDAR Councilman Dan Klindt stated he will recuse himself from discussion or action on this bill due to a conflict of interest. He left the Council Chambers at this time. Bill 2008 -125, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO ACQUIRE CERTAIN PROPERTY BY PURCHASE OR BY CONDEMNATION. Councilman Harvey requested that Bill 2008 -125 be removed from the Informal Calendar and placed on final passage at this time. Bill 2008 -125 was read third time by title and placed on final passage. Discussion was held regarding the issue of access to the public street as a result of the easements. At the conclusion of discussion, the bill passed by the following roll -call vote as Ordinance 14508: Aye: Carroll, Ferguson, Harvey, Koon, Layton, Medin, Penfold, and Scrivner Nay: Randolph Absent during vote: Klindt Councilman Klindt returned to the Council Chambers at this time. RESOLUTIONS RS2008 -42 Renewal (Year 2) of Lease Agreement with Cerini Investments, Inc., d /b /a REGULAR COUNCIL MEETING APRIL 6, 2009 9 Hertz Rent -A -Car for Space Within Jefferson City Memorial Airport Terminal (Penfold) A motion was made by Councilman Jim Penfold, seconded by Councilman Kenneth Ferguson for adoption of RS2008 -42 as presented, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RS2008 -43 Renewal (Year 3) of Contract with Twehous Excavating Company, Inc. for Yard Waste Drop Off and Composting Services (Medin) A motion was made by Councilman Ron Medin, seconded by Councilwoman Anita Randolph, for adoption of RS2008 -43 as presented, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None RS2008 -44 Offering Incentive to Command Web (Klindt) A motion was made by Councilman Bob Scrivner, seconded by Councilman Jim Penfold, for adoption of RS2008 -44 as presented, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman, Jefferson City, alleged that the City is in violation of prevailing wage laws. Mayor John Landwehr asked Mr. Steinman to provide specific examples in support of his allegation to City Administrator Steve Rasmussen and instructed Mr. Rasmussen to respond to those allegations in writing. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Several Council Members asked to receive a copy of the report that City Administrator Steve Rasmussen will provide to Mr. Steinman. Mayor John Landwehr asked Mr. Rasmussen to provide that information to the full Council when it is completed. REGULAR COUNCIL MEETING APRIL 6, 2009 10 SCHEDULED REPORTS No reports were scheduled at this time. NEW BUSINESS Councilman Jim Penfold made comments regarding recent changes being made to the local cable television channels by MediaCom. Councilman Dan Klindt reminded citizens that tomorrow, April 7, is election day and urged everyone to vote. Councilwoman Carrie Carroll announced a recycling program for old vehicle license plates. Councilman Jim Penfold repeated the contact information given earlier in the meeting by Ms. Doyle from the Senior Nutrition Center. UNFINISHED BUSINESS There was no unfinished business brought forward. GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021.(2)] of the Revised Statutes of Missouri, the Chair would entertain a motion at this time to go into Closed Session to discuss Real Estate. A motion was made by Councilman Kenneth Ferguson to go into Closed Session as announced, seconded by Councilman Ron Medin, and approved unanimously by the following roll -call vote at 8:30 P.M. Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, Randolph, and Scrivner Nay: None