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HomeMy Public PortalAbout20061204REGULAR COUNCIL MEETING DECEMBER 4, 2006 1 CALL TO ORDER The Regular Council Meeting of December 4, 2006, was convened at 6:00 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Cindy Layton, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Absent: None A quorum was declared present. Mayor John Landwehr recognized a Boy Scout in the audience and asked him to stand and introduce himself and explain the badge he is working on. Following the introduction, Mayor Landwehr welcomed him to the meeting. MISCELLAN EOUS AGENDA ITEMS There were no agenda items taken up under this category. 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. October, 2006 Finance Report b. CAMPO Technical Committee, September 7, 2006 c. CAMPO Board of Directors, September 27, 2006 d. Human Relations Commission, September 12 and October 10, 2006 e. CVB Hotel /Motel Council, November 13, 2006 REGULAR COUNCIL MEETING DECEMBER 4, 2006 2 f. CVB Athletic Events Committee, October 18, 2006 g Environmental Quality Commission, March 9, 2006 Mayor John Landwehr thanked the numerous members of these boards and commissions for giving of their valuable time and expertise for the betterment of the City of Jefferson. COUNCIL LIAISON REPORTS There were no reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS City Administrator Steve Rasmussen announced that the following meetings of Council and Council committees will be held next week (the week of December 11): 12 -11 - Council Work Session, 5:30 P.M. - Boone /Bancroft Room 12 -12 - Public Safety Committee, 5:30 P.M. - (location to be announced) 12 -13 - Council Committee on Administration, 5:30 P.M. - Boone /Bancroft Room 12 -14 - Finance Committee, 5:30 P.M - Boone /Bancroft Room APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments for Council approval: Appointment of Interim Municipal Judge - Cotton Walker A motion was made by Councilman Edith Vogel to approve the appointment as recommended, seconded by Councilman Michael Berry, and approved unanimously Appointment to Jefferson City Police Dept. Communications Operator - Meagen Schlitt A motion was made by Councilman Kevin Brown to approve the appointment as recommended, seconded by Councilman Dan Klindt, and approved unanimously Mayor Landwehr welcomed Ms. Schlitt, who was present at the meeting, to the Police Department. REGULAR COUNCIL MEETING DECEMBER 4, 2006 3 PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Community Development Director Pat Sullivan made a presentation regarding snow removal efforts during last week's ice and snow storms. Following his presentation, the Mayor and City Council commended the City's Street Division for their work, and asked Mr. Sullivan to pass their comments on to the people who worked so hard to keep our streets safe. Councilman Kevin Brown suggested that publishing the expectations of the procedure used during snow route emergencies would be helpful. Mr. Sullivan stated that was a good idea and that it could be done. Mayor John Landwehr suggested staff getting together after everything is cleared up and discussing what worked and what could be improved, and asked the Council to get their notes they took with the calls they received to staff so they can review them. He also suggested that perhaps a phone number set aside for just such emergencies so citizens could call they could get some kind of message keeping them updated on the status of the situation. PRESENTATIONS FROM THE GALLERY Ms. Celeste Koon, 1017 Holly, referred to a handout she provided listing smaller cities that have curbside pick -up of yard wastes. She encouraged the Council to pass Bill 2006 -105 which would place the issue of open burning on the ballot to allow the people of the city to vote on it. She stated she personally preferred a stricter ban on open burning, but that this was better than unlimited open burning. Mr. Roger Randolph, 619 Norris Drive, also encouraged the Council to allow the issue of open burning to be placed on the ballot as he is opposed to unlimited open burning. 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 October 10, November 17 and 20, 2006 City Council Meetings b. RENEWAL - Lease Agreement with Fischer Grain Farms A motion was made by Councilman Kevin Brown to approve all items on the Consent REGULAR COUNCIL MEETING DECEMBER 4, 2006 4 Agenda as presented, seconded by Councilman Kenneth Ferguson, and approved unanimously. BILLS INTRODUCED Bill 2006 -106, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (STREETS AND HIGHWAYS), SCHEDULE G (STOP INTERSECTIONS), SUBPARAGRAPH (B) (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE DELETION OF SCENIC DRIVE AT JOE LANE. Bill 2006 -107, sponsored by Councilman Berry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER THREE, SECTION 3 -4 OF THE CITY CODE REGARDING ON PREMISES SIGNS BY ALLOWING PROJECTING SIGNS IN CERTAIN AREAS. The Council wanted to know what level of participation there will be by the downtown merchants, and asked staff to obtain some sort of straw poll before they vote on this at the December 18 Council meeting. Councilman Kevin Brown also pointed out what he believed was a conflict in Sections 3 and 7 of the bill. One stated logos would not be allowed, and the other stated logos were permitted. Bill 2006 -108, sponsored by Councilmen Berry, Ferguson, and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF CITY VIEW DRIVE TO McCARTY STREET AND ESTABLISHING THE NAME OF THE NEW ROADWAY TO EXTEND SOUTH OF THE INTERCHANGE AT U.S. HIGHWAY 50/63 AND WHAT IS NOW CITY VIEW DRIVE TO McCARTY STREET. Mayor John Landwehr suggested making the effective date of this ordinance a ways in the future. City Planner Janice McMillan stated the post office allows a year after a street name is changed before returning mail. Mayor John Landwehr asked if City Planner Janice McMillan could provide a recommendation to the Council regarding an effective date on this. Bill 2006 -109, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH A, (8:00 A.M. to 5:00 P.M.), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PORTIONS OF EAST DUNKLIN STREET. REGULAR COUNCIL MEETING DECEMBER 4, 2006 5 Bill 2006 -110, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH A; AND SCHEDULE 0 (PARKING TIME LIMIT ZONES), SUBPARAGRAPH C, (ONE -HOUR TIME LIMIT), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A PORTION OF WILDWOOD DRIVE. Bill 2006 -111, sponsored by Councilman Oetting, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (V) (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE DELETION OF PORTIONS OF EAST CAPITOL AVENUE. Bill 2006 -112, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CITY COUNSELOR TO COMMENCE CONDEMNATION PROCEEDINGS. BILLS PENDING 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 -98 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14129: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None 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. Bill 2006 -99 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING DECEMBER 4, 2006 6 following roll -call vote as Ordinance 14130: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None 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 requested that Bill 2006 -100 be placed on the Informal Calendar at this time. 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. Bill 2006 -101 was read third time by title, placed on final passage and passed, as substituted at the November 20, 2006 meeting, by the following roll -call vote as Ordinance 14131: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None 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 -102 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14132: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None REGULAR COUNCIL MEETING DECEMBER 4, 2006 7 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 -103 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14133: Aye: Berry, Brown, Crane, Ferguson, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: None A staff presentation was made at this time to give the Council three different possible options for dealing with the issue of yard waste if the burn ban is kept in place. A lengthy discussion was held and several questions asked about the three different options put forward. City Administrator Steve Rasmussen stated these were simply some ideas which could be adjusted in any way, but it was a good beginning point. 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 OF JEFFERSON, MISSOURI AS IT PERTAINS TO BURNING. Bill 2006 -104 was read third time by title and placed on final passage. Following a lengthy discussion, Bill 2006 -104 was defeated by the following roll -call vote: Aye: Brown, Crane, Harvey, Pope, and Vogel Nay: Berry, Ferguson, Klindt, Layton, and Oetting Mayor: voted "Nay" to break the tie 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. Bill 2006 -105 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14134: Aye: Berry, Crane, Ferguson, Klindt, Layton, and Oetting REGULAR COUNCIL MEETING DECEMBER 4, 2006 8 Nay: Brown, Harvey, Pope, and Vogel Mayor John Landwehr asked the Council if they wanted to also place something on the same ballot regarding what to do with yard waste if the city votes to keep the limited burning in place. He asked if staff should be directed to put together a plan. At the conclusion of the discussion, Council agreed it should be discussed at a committee meeting. A motion was made by Councilman Brian Crane to refer the issue to the Council Committee on Administration, seconded by Councilman Kevin Brown, and approved unanimously. INFORMAL CALENDAR 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 be withdrawn at this time. RESOLUTIONS RS2006 -24 A resolution pertaining to English as official language (Crane) A motion was made by Councilman Mike Harvey for adoption of RS2006 -24, seconded by Councilman Dan Klindt, and approved by the following roll -call vote: Aye: Berry, Brown, Crane, Harvey, Klindt, Layton, Oetting, Pope, and Vogel Nay: Ferguson SCHEDULED REPORTS A staff report was given by City Planner Janice McMillan regarding the possibility of extending Handi - Wheels service for City Council meetings. Her report indicated that the service could be provided if the Council wished to do so at a cost of $30,000 due to the fact that the Handi - Wheels service is considered para- transit, and cannot be offered without the primary transit service also being provided at the same time. The $30,000 would include the cost of extending the hours of operation for both of those services, as well as the persons to staff the central maintenance facility in the event of an equipment problem during the operations. REGULAR COUNCIL MEETING DECEMBER 4, 2006 NEW BUSINESS 9 Mayor John Landwehr asked Finance Director Steve Schlueter to give an update on the Conference / Convention Center request for proposals. Mr. Schlueter reported that, due to the winter storm last Thursday and Friday that the deadline for getting those proposals to the City has been extended until 5:00 P.M. Friday, December 8. He indicated that everyone who had received the proposal packet had been notified, as well as those who had picked up the packets independently. UNFINISHED BUSINESS Mayor John Landwehr stated there will be a Conference / Committee Center Committee meeting held on Thursday, December 7, 2006, at 5:30 P.M. and that a closed session will be held to discuss real estate issues. He made comments regarding what he would prefer the City do in regards to which parts of the information will be open and which parts closed in accordance with the Sunshine Law. He felt at a certain point, the information should start being closed to protect confidential information, and that those parts are allowed to be considered "closed" records by law. APPROVAL OF CLOSED SESSION MINUTES November 20, 2006 Closed Session Minutes - A motion was made by Councilman Kenneth Ferguson to approve the minutes as presented, seconded by Councilman Cindy Layton, and approved unanimously. Mayor John Landwehr announced that a Closed Session had previously been scheduled but he has learned that there is now no need for a closed session. ADJOURNMENT A motion was made by Councilman Dan Klindt for adjournment, seconded by Councilman Kenneth Ferguson, and approved unanimously at 8:15 P.M.