HomeMy Public PortalAbout20071217REGULAR COUNCIL MEETING DECEMBER 17, 2007 1
Prayer was offered by Councilwoman Cindy Layton, followed by the Pledge of Allegiance,
immediately preceding the Call to Order.
CALL TO ORDER
The Regular Council Meeting of December 17, 2007, was convened at 6:00 P.M. by Mayor
John Landwehr.
ROLL CALL
The following Council Members were present for the roll call:
Present: Brown, Crane, Ferguson, Layton, Koon, Medin, and Penfold, and Smith
Absent: Harvey and Klindt
A quorum was declared present.
Mayor John Landwehr asked for names of those in the audience who wished to add their
names to the Presentations from the Gallery list and added those who responded.
PUBLIC HEARINGS
CDBG Action Plan Review - A staff presentation was made by Assistant to the City
Administrator Melva Fast who explained the details of the issue. Following her presentation,
no one present came forward to speak on the issue. Mayor John Landwehr declared the
evidentiary portion of the public hearing concluded, and stated the Council will now take up
the associated resolution.
RS2007 -37 - Approving Year five Action Plan for Submission to U.S. Department of Housing
and Urban Development
A motion was made by Councilman Jim Penfold, seconded by Councilwoman Jane A.
Smith, to adopt Resolution RS2007 -37, and approved unanimously by the following roll -call
vote:
Aye: Brown, Crane, Ferguson, Layton, Koon, Medin, and Penfold, and Smith
Nay: None
MISCELLANEOUS AGENDA ITEMS
There were no items brought up at this time.
REGULAR COUNCIL MEETING DECEMBER 17, 2007 2
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. November 1, 2007 CAMPO Technical Committee Meeting
b. Council Committee on Administration November 21, 2007
c. Parks and Recreation Commission, November 13, 2007
d. Housing Authority Board of Commissioners, November 13, 2007
Mayor John Landwehr thanked the citizens who serve on these boards and commissions
for giving of their time and talents to make our community better.
COUNCIL LIAISON REPORTS
Administration Committee - Chairwoman Cindy Layton announced the Committee met on
Wednesday, December 5, and discussed the issues of a city coin, and decided to wait on
any actions on the issue of pet micro - chipping. The committee considered appointments to
the Ad Hoc Old Town Revitalization Committee and forwarded them to the Council for its
consideration on tonight's agenda. The next meeting will be January 9 at 11:30 A.M.
Finance Committee - Councilman Kenneth Ferguson reported at the meeting held on
December 14, the Committee discussed the issue of fire apparatus lease- purchase. He
stated that the Committee approved "Plan A" to lease- purchase the equipment out of
general funds. The next meeting has not yet been scheduled.
Public Safety Committee - Chairman Kevin Brown stated the next meeting will be held on
January 4 immediately following the Brown Bag work session, and that tonight's agenda has
three bills which were passed out of committee: Bills 2007 -117, 2007 -121, and 2007 -122
Public Works & Planning Committee - Community Development Director Pat Sullivan
made the report in the absence of Chairman Dan Klindt or Vice- Chairman Mike Harvey. Mr.
Sullivan reported that a meeting will be held on December 20 at 7:45 A.M. to discuss,
among other things, the Capital Improvements Projects, stormwater, some sidewalks, and
Nestle Down Subdivision.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
Mayor John Landwehr announced that a Riverboat Gambling public forum will be held on
Tuesday, December 18 at 6:00 P.M. in the City Council chambers. City Counselor Nathan
Nickolaus gave an explanation of what steps would need to be taken by the city in order to
make sure the issue appears on the ballot correctly.
REGULAR COUNCIL MEETING DECEMBER 17, 2007 3
APPOINTMENTS BY THE MAYOR
Mayor John Landwehr recommended the following appointments, and endorsements, to the
Council:
a. Ad Hoc Old Town Revitalization Committee:
1. Ron Medin
2. Brian Crane
3. Cindy Layton
4. Phil Freeman
5. Mark Mehmert
6. Alan Mudd
7. Bob Robuck
8. Jim Wisch
(1) Melva Fast & Steve Schlueter, Staff Liaisons
A motion was made by Councilman Ron Medin to approve the appointments as presented,
seconded by Councilman Kevin Brown, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
There were no presentations made at this time.
PRESENTATIONS FROM THE GALLERY
Mr. Richard Groner, 1301 E. High Street, made a presentation regarding Bill 2007 -129. He
stated he did not believe the city should expend taxpayers' dollars for an issue which would
include any retail businesses or a hotel as those would be in competition with local retail
businesses and hotels.
Mr. Leonard Steinman, 2217 W. Edgewood, thanked the city staff who participated in the
ice storm emergency efforts.
Mr. Alan Mudd, 2110 Julie lane, made a presentation stating his support of the renovation
of older properties in the city and looks forward to serving on the Ad Hoc Old Town
Revitalization Committee. Councilwoman Jane A. Smith commended Mr. Mudd for his
contributions to the community.
COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY
REGULAR COUNCIL MEETING DECEMBER 17, 2007 4
There were no comments made by Council at this time.
CONSENT AGENDA
The following items were presented to the Council for their approval by Consent:
a. Minutes of November 30, 2007 and December 3, 2007 City Council Meetings
A motion was made by Councilman Jim Penfold to approve the Consent Agenda, with the
typographical omission which he brought to the attention of the City Clerk following the
December 14 Brown Bag, which the City Clerk had subsequently corrected and distributed
to the Council, seconded by Councilman Kevin Brown, and approved unanimously.
BILLS INTRODUCED
Bill 2007 -127, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BENCHMARK OFFICE
SOLUTIONS, LLC, D /B /A SAMCO BUSINESS PRODUCTS FOR THE ITS /FINANCE
FURNITURE PACKAGE.
Bill 2007 -128, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2007 -2008
BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL
FUNDS WITHIN THE GENERAL FUND.
Bill 2007 -129, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN PRE - DEVELOPMENT AGREEMENT WITH
JFCHC, LLC.
Councilman Kenneth Ferguson asked City Administrator Steve Rasmussen if the Council
could get some responses to Mr. Groner's comments. Mr. Rasmussen stated he would
prepare those responses and send them to the Council.
Bill 2007 -130, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING DECEMBER 17, 2007 5
MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT WITH AMERESCO.
A motion was made by Councilman Brian Crane, seconded by Councilman Kevin Brown,
to amend Bill 2007 -130 by requiring that Ameresco pay to the City the nominal fee of $1.00
for the easement. Following discussion, the motion was approved by the following roll -call
vote:
Aye: Brown, Crane, Koon, Medin, and Penfold
Nay: Ferguson, Layton, and Smith
Bill 2007 -131, sponsored by Council Members Koon, Penfold, and Smith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AND AGREEMENT WITH TRANSYSTEMS FOR
FEASIBILITY, PLANNING, DESIGN AND CONSTRUCTION SERVICES FOR ADRIAN'S
ISLAND ACCESS.
BILLS PENDING
Bill 2007 -117, sponsored by Councilman Crane, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD
SYSTEMS FOR CAD / RMS SYSTEM.
Bill 2007 -117 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14291:
Aye: Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
Abstain: Brown
Bill 2007 -118, 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
PORTIONS OF CLARK AVENUE.
Bill 2007 -118 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14292:
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
REGULAR COUNCIL MEETING DECEMBER 17, 2007 6
Bill 2007 -119, 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
PORTIONS OF CLARK AVENUE.
Bill 2007 -119 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14293:
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
Bill 2007 -120, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH T -N -T EXCAVATING
FOR THE EAST MOREAU / ALGOA INTERCEPTOR AND PUMP STATION.
Bill 2007 -120 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14294:
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
Bill 2007 -121, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 11
BY AUTHORIZING THE MAYOR TO DECLARE AN EMERGENCY AND DESIGNATING
THE MAYOR'S POWERS THEREIN.
Councilman Kevin Brown requested that Bill 2007 -121 be placed on the Informal Calendar
at this time.
Bill 2007 -122, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 19
(MOTOR VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF JEFFERSON, BY
ADDING A NEW SECTION 95 REQUIRING THAT A DRIVERS LICENSE BE CARRIED
WHILE DRIVING A MOTOR VEHICLE AND BE DISPLAYED UPON THE REQUEST OF
A LAW ENFORCEMENT OFFICER.
Bill 2007 -122 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14295:
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
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Nay: None
Bill 2007 -123, sponsored by Councilman Layton, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
PERTAINING TO NUISANCES.
Councilwoman Cindy Layton requested she is withdrawing Bill 2007 -123 at this time to allow
time for modifications and will re- introduce it at a later date.
Bill 2007 -124, sponsored by Councilman Medin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RE- ENACTING THE
"JEFFERSON CITY NEIGHBORHOOD REINVESTMENT ACT, PART I ".
Bill 2007 -124 was read third time by title and placed on final passage. A motion was made
by Councilman Ron Medin to accept the Substitute Bill 2007 -124 previously distributed to
the Council, seconded by Councilman Kevin Brown, and approved unanimously. Bill 2007-
124 was then passed, as substituted, by the following roll -call vote as Ordinance 14296:
Aye: Brown, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
Abstain: Crane
Bill 2007 -125, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PLACING ON THE APRIL
2008 BALLOT THE ISSUE OF AMENDING ARTICLE XV, OF THE CHARTER OF THE
CITY OF JEFFERSON, SECTION 15.1 OF THE CHARTER OF THE CITY OF
JEFFERSON PERTAINING TO GAMBLING PROHIBITIONS.
Councilman Kevin Brown placed Bill 2007 -125 on the Informal Calendar at this time.
Bill 2007 -126, sponsored by Councilmen Penfold and Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF OF
THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND
BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM.
Bill 2007 -126 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14297:
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None
REGULAR COUNCIL MEETING DECEMBER 17, 2007 8
INFORMAL CALENDAR
Bill 2007 -101, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF
SMITH PLACE, A STREET WITHIN SMITH SUBDIVISION, TO MASONIC COURT.
Mayor John Landwehr stated that in the absence of the sponsor, Councilman Dan Klindt,
Bill 2007 -101 will remain on the Informal Calendar at this time.
Bill 2007 -102, sponsored by Councilman Klindt, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF
MAHAN PLAZA, A STREET WITHIN SMITH SUBDIVISION, TO SMITH COURT.
Mayor John Landwehr stated that in the absence of the sponsor, Councilman Dan Klindt,
Bill 2007 -101 will remain on the Informal Calendar at this time.
RESOLUTIONS
RS2007 -26 Renewal of Ground Lease Agreement with the Missouri Department of
Transportation for Property Located at 512 Airport Road (Klindt)
Mayor John Landwehr stated that in the absence of the sponsor, Councilman Dan Klindt,
RS2007 -26 will remain tabled at this time.
SCHEDULED REPORTS
No reports were made at this point in the meeting.
NEW BUSINESS
Mayor John Landwehr mentioned the issue of placing an increase in our hotel /motel tax on
a future ballot. Following discussion, Councilman Rich Koon asked that staff work on an
ordinance placing this on a ballot, but that it not be placed on a ballot by itself.
Councilwoman Jane A. Smith asked how the formula works if the city has an issue on the
same ballot as other entities. City Administrator Steve Rasmussen stated he would have
staff get that information to the Council.
City Administrator Steve Rasmussen announced that the mayor has recommended that the
city will not require non - emergency city employees to work on Monday, December 24. He
REGULAR COUNCIL MEETING DECEMBER 17, 2007 9
stated that, of course, police and fire emergency personnel will work as they normally do on
holidays, and that the JeffTran buses will also run on that day, but all other city employees
will not be required to come in to work.
Mayor John Landwehr thanked staff for their work during the recent ice storm and thanked
Mr. Leon Beck who graciously opened up his personal property for the city to use, at no
cost, for a debris drop -off location for the community.
Community Development Director Pat Sullivan thanked Parks and Recreation, Cole County
Public Works, and the City Street Division for their efforts and hard work in the aftermath of
the ice storm.
UNFINISHED BUSINESS
There was no unfinished business brought forward at this time.
APPROVAL OF CLOSED SESSION MINUTES
December 3, 2007 Closed Session - A motion was made by Councilman Kenneth
Ferguson to approve the minutes as presented, seconded by Councilman Kevin Brown, and
approved unanimously.
GO INTO CLOSED SESSION
Mayor John Landwehr announced that, Pursuant to Sec. 610.021 of the Revised Statutes
of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the
following:
Real Estate [Sec. 610.021.(2)]
A motion was made by Councilman Jim Penfold to go into Closed Session at this time,
seconded by Councilwoman Cindy Layton, and approved unanimously by the following
roll -call vote at 7:50 P.M.
Aye: Brown, Crane, Ferguson, Koon, Layton, Medin, Penfold, and Smith
Nay: None