Minutes for: April 20, 2009

The Regular Council Meeting of April 20, 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.

The following Council Members were present for the roll call:

Present:Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

Absent: Randolph

A quorum was declared present.

(a)      Rezoning 0.14 Acres from RS-2 to RS-4; Rezoning 0.19 Acres from RS-2 to C-O; Endorsing Associated Comprehensive Plan Amendment for Land Addressed as 1707 Stadium Boulevard

A staff presentation was made by City Planner Janice McMillan giving details of the requested rezoning.

Following staff presentation, there were no persons who came forward to speak on the issue. Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008-168:

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 0.14 ACRES 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 2008-168 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14514:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

(b)      Approving Preliminary Planned Unit Development Plan for 1920 Jefferson Street

A staff presentation was made by City Planner Janice McMillan giving details of the requested rezoning.

Following staff presentation, the following persons came forward to speak on the issue:

Mr. Tim Sigmund, on behalf of the applicant, stated his client’s wish to have the proposed PUD approved by the Council and offered to answer any questions.

At the conclusion of public testimony, Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the first associated pending bill 2008-169:

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 2008-169 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14515:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk’s office:

Planning & Zoning Commission, March 12, 2009

CAMPO Technical Committee, March 5, 2009

CAMPO Board of Directors, March 18, 2009

Mary B. Heinrichs Estate Report

February 2009 Finance Reports

Public Safety Committee, February 27, 2009

TIF Commission, February 26, 2009

Council Committee on Administration, January 7, February 4, and March 4, 2009

Certification of April 7, 2009 Election by Cole County Clerk

Certification of April 7, 2009 Election by Callaway County Clerk

Parks and Recreation Commission, March 10, 2009

Human Relations Commission, February 10, 2009

Historic Preservation Commission, March 10, 2009

Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions

for their vital contribution to our community.

Administration Committee - Councilman Ron Medin reported that the Committee met on April 8 and several appointments to boards and commissions were voted out of Committee which appear on the Council agenda tonight.

Finance Committee - Councilman Rich Koon stated the Committee met on Friday, April 17 immediately following the 12:00 P.M. Brown Bag work session.

Public Safety Committee - Councilman Mike Harvey reported that the Committee will meet on Friday, May 1 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.

Councilman Rich Koon announced 4-H Raffle and Dog Fest event to occur on May 2.

A proclamation was presented for “Live United Week” to Linda McAnany and several members of a team promoting United Way.

Mayor John Landwehr recommended the following appointment for Council approval:

         
60;Appointments to City Boards and Commissions:

A motion was made by Councilman Ron Medin for approval of the appointments as recommended, seconded by Councilwoman Cindy Layton, and approved unanimously.

City Administrator Steve Rasmussen introduced several Lincoln University students enrolled in a class which he teaches. The students are attending the meeting tonight as part of a class assignment for credit.

Mayor John Landwehr made presentations to outgoing Councilwomen Cindy Layton and Anita Randolph, which included a plaque commemorating their service on the City Council. Following his presentation, members of the Council made comments thanking them for their service to the City and their appreciation for the teamwork while on the Council. Councilwoman Cindy Layton made remarks regarding her years served on the City Council. Mayor Landwehr stated that he will insure that Councilwoman Anita Randolph receives her plaque as she is absent from tonight’s meeting.

Mr. Paul Ferguson, Jefferson City, made comments regarding work done by his company for the City as a subcontractor on a job awarded to Mr. Tom Kauffman. He stated he would like an investigation performed of certain aspects of his work and the manner in which it was handled by City staff.

Mr. Tom Kauffman, Kauffman Enterprises, made a presentation asking that Bill 2008-166 be amended to award the job to his company as low bidder.

Mr. Leonard Steinman, Jefferson City, made comments regarding City Police and Fire personnel and that he believes there has been an unusually high number of fires in his neighborhood in the last few months.

The following items were presented to the Council for their approval by Consent:

         
60;a.       Minutes of April 3, April 6, and April 13, 2008 City Council Meetings

A motion was made by Councilman Dan Klindt for approval of the Consent Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously.

Bill 2008-173, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 OF THE CODE OF THE CITY PERTAINING TO WHEN SIDEWALKS ARE REQUIRED.

Councilman Jim Penfold requested that the rules be suspended and that Bill 2008-173 be enacted tonight. There were no objections to the request to suspend the rules.

Bill 2008-173 was read second and third times by title, placed on final passage and passed by the following roll-call vote as Ordinance 14519:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 2008-161 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14509:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

Bill 2008-162, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO SIDEWALK REPAIR.

Bill 2008-162 was read third time by title, placed on final passage and defeated by the following roll-call vote:

         
60;Aye:          Ferguson, Layton, and Penfold

         
60;Nay:         Carroll, Harvey, Klindt, Koon, Medin, and Scrivner

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 2008-163 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14510:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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.

Bill 2008-164 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14511:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 2008-165 was read third time by title and placed on final passage. City Counselor Nathan Nickolaus explained some minor changes to the contract which he had received this afternoon and stated he would not see any legal problems with any of them. He stated no amendment to the bill was necessary, but he did want to make the Council aware of those before they voted on the ordinance. The bill was then passed by the following roll-call vote as Ordinance 14512:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 2008-166 was read third time by title and placed on final passage. Following discussion, a motion was made by Councilman Dan Klindt, seconded by Councilman Mike Harvey, to amend Bill 2008-166 to award the bid to Kauffman Enterprises instead of Stockman Construction. The amendment was passed by the following roll-call vote:

         
60;Aye:          Ferguson, Harvey, Klindt, Koon, and Layton

         
60;Nay:         Carroll, Medin, Penfold, and Scrivner

Bill 2008-166 was then defeated, as amended, by the following roll-call vote:

         
60;Aye:          Ferguson, Harvey, Klindt, Koon, and Layton

         
60;Nay:         Carroll, Medin, Penfold, and Scrivner

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 2008-167 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14513:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.

Bill 2008-170 was read third time by title and placed on final passage. A motion was made by Councilman Dan Klindt to accept the Substitute Bill 2008-170 which was distributed to the Council prior to this meeting, seconded by Councilman Jim Penfold, and approved unanimously. Bill 2008-170 was then passed, as substituted, by the following roll-call vote as Ordinance 14516:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 2008-171 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14517:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

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 HOFSTRA AND ASSOCIATES, INC. FOR THE EXCLUSIVE RIGHT TO REDEVELOP MILLBOTTOM PROPERTY.

Bill 2008-172 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 14518:

         
60;Aye:          Carroll, Ferguson, Harvey, Klindt, Koon, Layton, Medin, Penfold, and Scrivner

         
60;Nay:         None

There were no items on the Informal Calendar for consideration at this time.

There were no Resolutions brought before the Council at this time.

There were no presentations made at this time.

There were no comments made at this time.

No reports were scheduled at this time.

Mayor John Landwehr commented on recent discussions about the use of the funds generated by the eight-cent property tax for ambulance service. He quoted Ordinance No. 14392 which states specifically that the funds will be used for a public safety purpose if they are not needed for ambulance service. He pointed out that the County has not decided what their ambulance service will consist of. He cautioned against making a decision on the specific use of funds prematurely, and recommended that decision be made as part of the budget work in the next several months when all public safety priorities can be studied.

Councilwoman Carrie Carroll mentioned information about a fund raising effort for Crime Stoppers and encouraged citizens to visit their website to get more information on the event.

April 6, 2009 Closed Session minutes: A motion was made by Councilman Mike Harvey for approval of the minutes as presented, seconded by Councilman Dan Klindt, and approved unanimously.

Mayor John Landwehr announced that the Chair would entertain a motion to adjourn sine die so the newly-elected City officials could be sworn in by Presiding Judge Patricia Joyce, and the meeting of the New Council would then convene. He called a ten-minute recess between meetings.

A motion was made by Councilman Jim Penfold to adjourn sine die, seconded by Councilwoman Cindy Layton, and approved unanimously at 7:55 P.M.

The Regular Council Meeting of April 20, 2009, was convened at 8:05 P.M. by Mayor John Landwehr.

The following Council Members were present for the roll call:

Present:Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph

Absent: None

A quorum was declared present.

Mayor John Landwehr stated the Chair would entertain nominations for President Pro Tempore of the Council for 2008-2010. Councilman Jim Penfold nominated Councilman Mike Harvey. There being no further nominations made, Councilman Harvey was then elected unanimously.

Mayor John Landwehr stated the Chair would entertain nominations for representative and alternate to the Planning & Zoning Commission / Board of Adjustment for the Council year 2009-2010. Councilman Dan Klindt nominated Councilman Eric Struemph as Representative. Councilman Mike Harvey nominated Councilman Dan Klindt as Alternate Representative. There being no further nominations made, the election of Councilman Eric Struemph as Representative and Councilman Dan Klindt as Alternate Representative, were approved unanimously by the following roll-call vote:

         
60;Aye:   Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph

         
60;Nay:   None

Assistant Community Director Charles Lansford announced that the City will participate in events connected with the April 25 “Earth Day” activities in the City.

City Administrator Steve Rasmussen announced that the Council will have a work session on May 12, at 5:30 P.M. to discuss Council Goals and Priorities for the next year in lieu of a two-day weekend retreat.

Councilman Kenneth Ferguson announced a public forum will be held at 4:30 - 5:30 P.M. on May 12 to allow public input on the restaurant fees issue.

Mayor John Landwehr recommended the appointment to Standing Committees, as follows:

         
60;2009-2010 Standing Committees:

         
60;           1.       Administration Committee

         
60;            0;          (1)      Ferguson

         
60;            0;          (2)      Penfold

         
60;            0;          (3)      Scrivner

         
60;            0;          (4)      Carroll

         
60;            0;          (5)       Medin

         
60;           2.       Finance Committee

         
60;            0;          (1)      Ferguson

         
60;            0;          (2)      Koon

         
60;            0;          (3)      Pope

         
60;            0;          (4)      Carroll

         
60;            0;          (5)      Medin

         
60;           3.       Public Safety Committee

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60; (1)       H arvey

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60; (2)       K oon

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60; (3)       P ope

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60; (4)       S truemph

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60; (5)        Klindt

          & #160;           &# 160; 4.        & #160;Public Works & Planning Committee

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60; (1)       H arvey

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60; (2)       P enfold

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60; (3)       S crivner

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60; (4)       S truemph

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60; (5)       K lindt

A motion was made by Councilman Mike Harvey to approve the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously.

There were no presentations made at this time.

Bill 2009-1, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2009 MILLING AND OVERLAY PROGRAM.

Bill 2009-2, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JC INDUSTRIES, INC. FOR THE STADIUM, LESLIE, AND LAFAYETTE INTERSECTION PROJECT.

Bill 2009-3, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VERSLUES CONSTRUCTION COMPANY FOR CITY HALL REPAIR AND ACCESSIBILITY IMPROVEMENTS.

Bill 2009-4, sponsored by Councilman Penfold, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DESCO FLOORING SYSTEMS, INC. FOR WASTEWATER TREATMENT PLANT ADMINISTRATION FLOOR REPLACEMENT.

Bill 2009-5, sponsored by Councilman Medin, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SECTION 19-310 (RIDING BICYCLE, MOTORIZED BICYCLE OR SKATEBOARD ON SIDEWALKS), OF THE CODE BY PROHIBITING MOTORIZED BICYCLES ON SIDEWALKS.

Bill 2009-6, sponsored by Councilman Carroll, entitled:

AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE PROPERTIES SELECTED BY THE HISTORIC PRESERVATION COMMISSION FOR THE 2009 LANDMARK AWARDS.

RS2009-1 -   Support of Transportation Enhancement Funds Program Application for Missouri Blvd. Sidewalks (Penfold)

A motion was made by Councilman Jim Penfold for adoption of RS2009-1 as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll-call vote:

         
60;Aye:   Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph

         
60;Nay:   None

Approval of the 2009-2010 Council meeting schedule: A motion was made by Councilman Kenneth Ferguson for approval of the schedule as presented, seconded by Councilman Rich Koon, and approved unanimously.

There being no further business brought forward at this time, a motion was made by Councilman Jim Penfold for adjournment, seconded by Councilman Dan Klindt, and approved unanimously at 8:45 P.M.