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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 REGULAR COUNCIL MEETING DECEMBER 17, 2007 7 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