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HomeMy Public PortalAbout20100607REGULAR COUNCIL MEETING JUNE 7, 2010 1 CALL TO ORDER The Regular Council Meeting of June 7, 2010, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None A quorum was declared present. Mayor John 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. Mayor John Landwehr recognized and welcomed Boy Scout Troop 10 from Grace Episcopal Church and asked them to introduce themselves and tell what badges they were working on. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office: a. Planning & Zoning Commission, April 8, 2010 b. CAMPO Board of Directors, April 21, 2010 c. April 2010 Finance Reports d. Transportation & Traffic Commission, March 10, 2010 e. Plumbing Board of Review & Examiners, March 30, 2010 f. Housing Authority Board of Commissioners, April 20, 2010 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. REGULAR COUNCIL MEETING JUNE 7, 2010 2 COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be Wednesday, June 9 at 8:00 A.M. Finance Committee - Councilman Koon reported that the next meeting will be Friday, June 18 after the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the Committee met last Friday, June 4 following the Brown Bag work session, and that the next meeting is scheduled for Friday, July 2. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, June 24 at 7:30 A.M. Ad Hoc Committees, if any: There were no ad hoc Committee reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen reported that the agenda for the June 14 Council Work Session will contain the following topics: 1. Public Works / Sidewalk Conditions Presented by Matt Morasch 2. Distribution of Budget Books to City Council by Steve Schlueter 3. Report from Communique on Citizen Survey PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS City Planner Janice McMillan made a presentation regarding the South Ten Mile Drive / Kenborg Hills Neighborhood Plan and answered questions asked by the Council. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS REGULAR COUNCIL MEETING JUNE 7, 2010 3 Mr. Rich McCarty asked the Council to please pass Bill 2010 -21 which will address some problems with parking in the area of his business. Mr. Chris Muenks, Fire Fighters Local 671, made a presentation regarding Bill 2010 -30 and stated he believes the funds used for the conference center parking garage project should be spent instead on fire and police needs, and suggested the lodging tax and parking funds could be used for public safety instead of parking garage or a conference center. Mr. Leonard Steinman made comments regarding Bill 2010 -20, the clean air petition. Ms. Felicia Poettgen and Dr. Jeffrey Sanders both spoke on behalf of the citizens' group who have submitted the clean air petition which resulted in Bill 2010 -20. Mr. Kevin Burger, owner of Zesto's, made a presentation regarding Bill 2010 -22 pertaining to animated (digital) signs. He believes such signs can be helpful to businesses who use them correctly. Mr. Charles Hoelscher stated he owns a sign business and made a presentation regarding Bill 2010 -22. He stated he also believes digital signs can be beneficial to the City of businesses used them correctly. He stated he would be willing to help the Council in any way he can with this since he has experience in the issue. CONSENT AGENDA (a) Minutes of May 14, May 17, and May 24, 2010 City Council Meetings A motion was made by Councilman Kenneth Ferguson for approval of the Consent Agenda as presented, seconded by Councilman Eric Struemph, and approved unanimously. AMENDMENT TO AGENDA Councilman Jim Penfold moved to amend the agenda by taking up Bill 2010 -20 at this time, seconded by Councilman Dave Griffith, and approved unanimously. BILLS PENDING - TAKEN UP OUT OF ORDER Bill 2010 -20, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE SUBMITTING THE PROPOSED ORDINANCE PROHIBITING SMOKING REGULAR COUNCIL MEETING JUNE 7, 2010 4 IN PUBLIC PLACES, AS SUBMITTED BY AN INITIATIVE PETITION FROM REGISTERED VOTERS OF THE CITY OF JEFFERSON, MISSOURI, AND SETTING THE DATE FOR SUCH ELECTION. Bill 2010 -20 was read third time by title and placed on final passage. Councilwoman Carrie Carroll made a motion to amend Bill 2010 -20 by inserting "November 2, 2010" as the ballot date in Section 1, motion was seconded by Councilman Bryan Pope. Motion to amend was approved unanimously. Bill 2010 -20 was then passed, as amended, by the following roll -call vote as Ordinance 14681: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None BILLS INTRODUCED Bill 2010 -22, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3 (ADVERTISING AND SIGNS) OF THE CODE OF THE CITY OF JEFFERSON BY AMENDING THREE SECTIONS PERTAINING TO ANIMATED SIGNS AND DIGITAL DISPLAYS. Councilwoman Carrie Carroll requested that Bill 2010 -22 be withdrawn at this time and referred back to a Council committee for further work. Mayor John Landwehr suggested that both she and Councilman Penfold discuss whether it should go back to the Public Works & Planning Committee or the Administration Committee, and asked that they let the Council know their decision. Bill 2010 -23, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO PROCEDURES AND GROUNDS FOR REVOCATION OF A BUSINESS LICENSE. Bill 2010 -24, sponsored by Councilman Struemph, 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 1.02 ACRES OF LAND ADDRESSED AS 2821 SOUTH TEN MILE DRIVE FROM C -O OFFICE COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL. REGULAR COUNCIL MEETING JUNE 7, 2010 5 Bill 2010 -25, sponsored by Councilman Struemph, 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 1.12 ACRES FROM RS -4 MEDIUM DENSITY RESIDENTIAL AND C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 1505 EAST HIGH STREET, AND ENDORSING AN AMENDMENT OF THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2010 -26, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO JANUARY 31, 2010. Bill 2010 -27, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF FEBRUARY 1, 2010 TO SEPTEMBER 30, 2010. Bill 2010 -28, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HENDERSON ENGINEERS, INC. FOR THE DESIGN OF HVAC SYSTEM AT THE WHITECOTTEN LAW ENFORCEMENT CENTER; AND AMENDING THE 2009 -2010 BUDGET BY A SUPPLEMENTAL APPROPRIATION OF U.S. DEPARTMENT OF ENERGY GRANT FUNDS. Bill 2010 -29, 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, INC. FOR THE 2010 MILL AND OVERLAY. Bill 2010 -30, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BNIM ARCHITECTS REGULAR COUNCIL MEETING JUNE 7, 2010 6 FOR PARKING GARAGE COST AND GEOTECHNICAL EVALUATION. Mayor John Landwehr asked City Counselor Nathan Nickolaus and City Engineer Matt Morasch to clarify whether lodging tax funds or parking enterprise funds can be spent for public safety as requested by a presenter earlier in the meeting. Mr. Nickolaus stated that, by law, lodging tax funds could not be used for fire or police department needs. Mr. Morasch stated that parking enterprise funds can only be used for parking needs and facilities. Bill 2010 -31, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY ON THE NORTHERN PORTION OF MARSHALL STREET AND ON AN ADJACENT UNNAMED ALLEY. BILLS PENDING Bill 2010 -18, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO GRAFFITI. Bill 2010 -18 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14679: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -19, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 22 OF THE CODE PERTAINING TO PARKING IN FIRE LANES. Bill 2010 -19 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14680: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None *2010 -20 was taken up earlier, out of order. REGULAR COUNCIL MEETING JUNE 7, 2010 7 Bill 2010 -21, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS). SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A); AND SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (B), (PASSENGER OR SPECIAL LOADING ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF EAST FRANKLIN STREET. Bill 2010 -21 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14682: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR Bill 2010 -16, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON PERTAINING TO QUALIFICATIONS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION. Councilwoman Carrie Carroll requested that Bill 2010 -16 be remain on the Informal Calendar at this time. Bill 2010 -17, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF TAOS TO ACCEPT WASTEWATER FROM TAOS FOR TREATMENT. Councilman Jim Penfold requested that Bill 2010 -17 be withdrawn at this time. RESOLUTIONS RS2010 -8 Conference Center Design & Construction Committee (Koon) Mayor John Landwehr announced that if RS2010 -8 is adopted, he would also like to present the following persons to be appointed to the newly re- instituted Conference Center Design and Construction Committee: REGULAR COUNCIL MEETING JUNE 7, 2010 8 Five Council Members: Carrie Carroll, Ron Medin, Jim Penfold, Bob Scrivner, Eric Struemph Mayor John Landwehr Five Citizens: Ralph Bray, Nicole Hoff, Randy Allen, Curtis Chick, VACANT CVB: Steve Picker Four Ex- Officio: City Administrator, City Finance Director, Community Development Director, Housing Authority Executive Director A motion for adoption of RS2010 -8 was made by Councilman Jim Penfold, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None A motion was then made by Councilman Bob Scrivner for approval of the individual appointments as recommended above by the Mayor, seconded by Councilman Jim Penfold, and approved unanimously by voice vote. RS2010 -9 Renewal (Year 3) of Lease with Cerini Investments, d /b /a Hertz Rent -A -Car for Space at Airport (Penfold) A motion was made by Councilman Mike Harvey for adoption of RS2010 -9, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RS2010 -10 Ratifying CAMPO Bylaws Amendments (Koon) A motion was made by Councilman Kenneth Ferguson for adoption, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None SCHEDULED REPORTS REGULAR COUNCIL MEETING JUNE 7, 2010 9 There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Joe Wilson made a presentation regarding feral cats and stated he will be placing ads in the paper and information on the Internet in the near future about the issue. Mr. Leonard Steinman made a presentation regarding the issue of emergencies and advised citizens to be prepared for all kinds of emergencies should they occur. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Rich Koon stated that he has personally encountered feral cats recently when at Washington Park with his grandchild and that he does not believe City parks is an appropriate place for feral cats to become "colonized" as he believes has occurred. NEW BUSINESS Mayor John Landwehr made comments regarding the issue of surtax funds owed to the City, but erroneously diverted to other entities, over a period of the past several years. He explained how the City may be able to recover some of the diverted funds which were paid by its taxpaying citizens and used by other taxing entities who were also unaware of the diversion. Following a lengthy discussion, a motion was made by Councilman Mike Harvey that the City move forward with attempts to recover the amount legally recoverable ($782,000) recommended by Mayor John Landwehr in the memo just distributed, seconded by Councilman Ron Medin. Following further discussion, a motion was made by Councilman Jim Penfold, seconded by Councilman Bryan Pope, to amend Councilman Harvey's motion by indicating as follows: "The direction of Council is to begin negotiations and discussions, and that the Council is willing to consider payments over time, through County Collector Larry Vincent, of the $782,000. However, the exact parameters are not being specified at this time." Councilman Ron Medin called the question, seconded by Councilman Rich Koon, and the call for the question was approved by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, and Pope Nay: Scrivner and Struemph REGULAR COUNCIL MEETING JUNE 7, 2010 10 The motion to amend the original motion was then approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None The original motion, as just amended, was then approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Mosquito abatement: Assistant Community Development Director Charles Lansford made a presentation stating how the City is dealing with the issue of abating mosquitoes following the recent heavy rains and subsequent flooding. He advised citizens how they may also be able to minimize mosquitoes on their properties. UNFINISHED BUSINESS Transit Test Route: City Administrator Steve Rasmussen made comments regarding the recent discussion of Transit test routes. Following his comments, he requested that the Council give staff direction regarding implementing the recommendation of "Option B ", which is 30- minute route rotation for the next ninety (90) days. A motion was made by Councilman Bryan Pope to implement the recommended option, seconded by Councilman Jim Penfold, and approved unanimously. Presentation to outgoing Council Member Kenneth Ferguson: Mayor John Landwehr noted that tonight is the final Regular Council Meeting for Councilman Kenneth Ferguson who will be term - limited out on June 17. He presented Councilman Ferguson with a plaque in honor of his eight years of service on the City Council with personal comments regarding Councilman Ferguson's tenure. Following his comments, Members of the Council also made comments to Councilman Ferguson, with Councilman Ferguson making responsive comments at the conclusion, and a standing ovation by the Mayor, Council, Staff and members of the audience in attendance. APPROVAL OF CLOSED SESSION MINUTES REGULAR COUNCIL MEETING JUNE 7, 2010 11 A motion was made by Councilman Mike Harvey to approve the Closed Session minutes of May 17, 2010, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session at this time to discuss the following: Litigation [Sec. 610.021(1)] A motion was made by Councilman Jim Penfold to go into closed session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 8:40 P.M.: Aye: Carroll, Ferguson, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, and Struemph Nay: Pope