Minutes for: June 16, 2008

The Regular Council Meeting of June 16, 2008, was convened at 6:00 P.M. by Mayor John Landwehr.

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.

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.

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 Following its removal from the Informal Calendar, Councilman Ferguson requested that Bill 2008-18 be withdrawn at this time.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 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.

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 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

There were no miscellaneous items brought forward at this time.

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 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

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.

No announcements were made at this time.

Mayor John Landwehr recommended the following appointments for Council approval:

          Appointments to Jefferson City Police Dept.

                     Police Officer:

                          Jeffrey Falkenrath

                          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:

* 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

Ms. Jill Snodgrass, Salute to America Committee, made a presentation regarding this year’s events surrounding the 4^th 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.

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.

There were no comments made at this time.

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.

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 reconsider was 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.

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.

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

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

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.

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:

           Aye:    Carroll, Crane, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Smith

Nay: None

No reports were given at this time.

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.

There was no unfinished business brought forward at this time.

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.