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Home My Public Portal About20061120REGULAR COUNCIL MEETING NOVEMBER 20, 2006 1 CALL TO ORDER The Regular Council Meeting of November 20, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Kenneth Ferguson, followed by the Pledge of Allegiance. ROLL CALL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Absent: Layton and Vogel A quorum was declared present. Mayor John Landwehr announced that the bills on the open burning ordinances will not be voted on tonight in case some citizens at tonight's meeting were interested in that issue. MISCELLANEOUS AGENDA ITEMS Presentation by Mayor Landwehr to Half -Cent Sales Tax Citizen Committee Co- Chairmen - City Administrator Steve Rasmussen asked Mayor John Landwehr to delay this item because one of the recipients is not here yet. Mayor Landwehr stated he will move on to the Public Hearings portion of the meeting and come back to this item when Mr. Freeman arrives. Mayor John Landwehr stated that he sees some Boy Scouts in the audience, and asked them to identify their troop. The group leader identified them as Troops #1 and Troop #6. The troop members were welcomed to the meeting. PUBLIC HEARINGS Street name Change from Morningside Drive to Nestle Down Drive - City Planner Janice McMillan gave a staff presentation outlining the background of this requested name change. Following her presentation, no one requested to speak in favor of, or in opposition to, the proposed name change. Mayor John Landwehr declared the evidentiary portion of the REGULAR COUNCIL MEETING NOVEMBER 20, 2006 2 public hearing concluded, and announced that the Council will now consider the associated pending bill. Bill 2006 -89, sponsored by Councilman Ferguson, Harvey, and Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF MORNINGSIDE DRIVE TO NESTLE DOWN DRIVE Bill 2006 -89 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14126: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None Mayor John Landwehr announced that the Council had indicated its desire to also take up Bill 2006 -96 at this time since it is related to Bill 2006 -89. Bill 2006 -96, sponsored by Councilman Layton, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL PLAT OF GORDON'S NESTLE DOWN FARM, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -96 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14124: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None 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. Certification of November 7 Election Results to City Clerk b. Board of Adjustment, October 10, 2006 c. Historic Preservation Commission, September 12, 2006 d. Administration Committee, October 16 and 24, 2006 COUNCIL LIAISON REPORTS There were no reports made at this time. MISCELLAN REGULAR COUNCIL MEETING NOVEMBER 20, 2006 3 EOUS AGENDA ITEMS? The Council went back to Miscellaneous Agenda Items at this time as Mr. Freeman arrived. Presentation by Mayor Landwehr to Half -Cent Sales Tax Citizen Committee Co- Chairmen - Mayor John Landwehr presented a plaque containing a key to the city to Mr. Bob Scruggs and Mr. Phil Freeman, co- chairs of the citizens committee which helped educate the public on the city's half -cent sales tax ballot issue voted on at the November 7 election. Mayor Landwehr thanked the two men for their hard work helping the city on this issue. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Councilman Michael Berry announced that a Public Works & Planning Committee meeting will be held at 7:30 A.M. on Tuesday, November 21. Councilman Brian Crane announced that a meeting of the Council Committee on Administration will be held on November 28 at 7:30 A.M. in the Boone - Bancroft room. APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Mr. Bill Lockwood gave a brief visual presentation showing the Council the two newly - proposed portions of the City's greenway trail which will be voted on later tonight with Bills 2006 -94 and 2006 -95. PRESENTATIONS FROM THE GALLERY Mr. Walter Schroeder thanked the Mayor, City Council, staff, and citizens for their support of the Volksfest visit from residents of our partner city, Muenchberg, Germany. He stated the people who visited our city believe it must be the friendliest city in the United States. Mr. William Steinmeier, 2031 Tower Drive, urged the Council to allow the election to go forward on the open burning issue. He is in favor of a ban on open burning and gave his personal reasons why he would be in favor of even a stronger ban. Mr. Jim Penfold, 1901 N. Circle Drive, stated he is also opposed to open burning, and REGULAR COUNCIL MEETING NOVEMBER 20, 2006 4 urged the Council to allow the citizens to vote on this issue. Mr. Wayne Lee, 101 Amador, stated he agreed with the first two speakers about the open burning issue, but that he wanted to speak on the issue of transportation tonight. He asked the Council to consider making arrangements so that disabled citizens who live outside the City and would like to attend City Council meetings to use the Handi - Wheels system to get to and from the meeting. Mayor John Landwehr asked City Planner Janice McMillan to get information about availability and other issues associated with Mr. Lee's inquiry and get it to the Council. He asked City Clerk Phyllis Powell to place a report from Janice McMillan on this issue on the December 4 Council agenda. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no Council comments made at this point. CONSENT AGENDA The following items were brought before the Council for approval by Consent at this time. a. Minutes of November 3 and 6, 2006 City Council Meetings b. RENEWAL - Lease Agreement with Jefferson City Flying Services A motion was made by Councilman Kenneth Ferguson to approve all items on the Consent Agenda as presented, seconded by Councilman Mike Harvey, and approved unanimously. BILLS INTRODUCED Bill 2006 -98, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2006 TO OCTOBER 31, 2007, REFLECTING FUNDS AS APPROVED IN THE FY 2007 UNIFIED PLANNING WORK PROGRAM. Bill 2006 -99, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 29 (SEWERS AND SEWAGE DISPOSAL) BY ADDING A NEW SECTION 29 -149 (SECURITY DEPOSIT) REQUIRING A SECURITY DEPOSIT AS A CONDITION OF SEWER SERVICE. REGULAR COUNCIL MEETING NOVEMBER 20, 2006 5 Bill 2006 -100, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE City OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL FOR THE MUNICIPAL SERVICE OF JEFFERSON CITY, MISSOURI. Councilman Kevin Brown stated there will be a substitute Bill 2006 -100 at the next meeting. Bill 2006 -101, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 (ADMINISTRATION), SECTION 108 (COMPENSATION OF OFFICERS AND EMPLOYEES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO THE COMPENSATION PAID TO ELECTED OFFICIALS. Mayor John Landwehr suggested getting with the County and City Prosecutor and circuit judges to have a summit about the types of cases they have, the workload, and several other issues since many of these officials coming into office will be new. He asked City Counselor Nathan Nickolaus to get with City Administrator Steve Rasmussen and find out who would be the appropriate person to spearhead the issue of the Council to have something to consider before the new people take office. Councilman Brian Crane asked how the process will work to choose an Interim Municipal Judge. City Counselor Nathan Nickolaus explained that process. Mayor John Landwehr suggested the Council should be prepared to nominate an Interim at the next meeting. Councilman Kevin Brown made a motion to accept Substitute 2006 -101, seconded by Councilman Michael Berry, and approved unanimously. Bill 2006 -102, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21, SECTION 1 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO NUISANCES, AND ADDING A NEW SECTION 8, ABATEMENT OF VIOLATIONS OF THE PROPERTY MAINTENANCE CODE. Bill 2006 -103, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADDING A NEW SECTION 155, HABITUAL OFFENDERS, TO CHAPTER 18, MISCELLANEOUS, SECTION 1, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. Bill 2006 -104, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY AMENDING ORDINANCE 11610 OF THE CITY REGULAR COUNCIL MEETING NOVEMBER 20, 2006 6 OF JEFFERSON, MISSOURI AS IT PERTAINS TO BURNING. Bill 2006 -105, sponsored by Councilman Crane, entitled: AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE REGARDING UNLIMITED OPEN BURNING OF YARD WASTE, PAPER, AND CARDBOARD, DURING DAYLIGHT HOURS, AS SUBMITTED BY AN INITIATIVE PETITION FROM REGISTERED VOTERS OF THE CITY OF JEFFERSON, MISSOURI AND SETTING THE DATE FOR SUCH ELECTION. Councilman Michael Berry made a motion to amend Bill 20061 -5 to change the date of election from April 3, 2007 to the November, 2007 ballot. The motion was seconded by Councilman Kevin Brown and approved unanimously by the following roll -call vote: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None BILLS PENDING Bill 2006 -95, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH NICK'S FAMILY RESTAURANT, INC. FOR THE PURPOSE OF OPERATING A RESTAURANT IN THE JEFFERSON CITY MEMORIAL AIRPORT TERMINAL Bill 2006 -95 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14123: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None Bill 2006 -97, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES & TRAFFIC), SECTION 127 (DRIVING WITHOUT A VALID OPERATORS LICENSE), OF THE CODE OF THE CITY OF JEFFERSON. Bill 2006 -97 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14125: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None REGULAR COUNCIL MEETING NOVEMBER 20, 2006 7 INFORMAL CALENDAR Bill 2006 -71, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE III OF THE CODE PERTAINING TO TRANSIT FARES Councilman Kenneth Ferguson announced he wished to withdraw Bill 2006 -71 at this time. Bill 2006 -83, sponsored by Councilman Crane, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, AMENDING CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON BY ADDING SECTION 19 (OFFICIAL LANGUAGE) MAKING ENGLISH THE OFFICIAL LANGUAGE OF JEFFERSON CITY. Councilman Brian Crane requested that Bill 2006 -83 remain on the Informal Calendar. Bill 2006 -93, sponsored by Councilman Vogel, 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. A motion was made by Councilman Michael Berry to remove Bill 2006 -93 from the Informal Calendar, seconded by Councilman Bryan Pope, and approved unanimously. Bill 2006 -93 was removed from the Informal Calendar, read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14127: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None Bill 2006 -94, sponsored by Councilman Vogel, 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. A motion was made by Councilman Michael Berry to remove Bill 2006 -94 from the Informal Calendar, seconded by Councilman Kevin Brown, and approved unanimously. REGULAR COUNCIL MEETING NOVEMBER 20, 2006 8 Bill 2006 -94 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14128: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None RESOLUTIONS RS2006 -18 Adopting Plan for Public Input for Transit Fare Increases and Service Reduction (Ferguson) Councilman Kenneth Ferguson announced he wished to withdraw Resolution RS2006 -18 at this time. RS2006 -22 Naming Conference Center Selection Committee (Crane) - A motion was made by Councilman Brian Crane to amend RS2006 -22 by removing the phrase "from their members" from the paragraph pertaining to CVB members. Motion was seconded by Councilman Mike Harvey, and approved unanimously. A motion was then made by Councilman Bryan Pope to adopt Resolution RS2006 -22, as amended, seconded by Councilman Michael Berry, and approved unanimously. RS2006 -23 Updating Sunshine Law Policy (Crane) - A motion was made by Councilman Kenneth Ferguson to adopt Resolution RS2006 -23 as presented, seconded by Councilman Kevin Brown, and approved unanimously. SCHEDULED REPORTS No reports were given at this time. NEW BUSINESS There was no New Business brought forward at this time. UNFINISH REGULAR COUNCIL MEETING NOVEMBER 20, 2006 9 ED BUSIN ESS Mayor John Landwehr announced that, in accordance with City Charter Sec. 3.11(g) that Bill 2006 -92, Ordinance No. 14122, passed by the Council at the November 6, 2007 Council meeting will take effect this date without the Mayor's signature as he did not plan to sign that bill. APPROVAL OF CLOSED SESSION MINUTES November 6, 2006 Closed Session Minutes - A motion was made by Councilman Mike Harvey to approve the minutes as presented, seconded by Councilman Bryan Pope, and approved unanimously. GO INTO CLOSED SESSION Mayor John Landwehr stated 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: a. Real Estate [Sec. 610.021.(2)] b. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Michael Berry to go into Closed Session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 7:35 P.M.• Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Oetting, and Pope Nay: None