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HomeMy Public PortalAbout20101004REGULAR COUNCIL MEETING OCTOBER 4, 2010 1 CALL TO ORDER The Regular Council Meeting of October 4, 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, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber 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. MISCELLANEOUS AGENDA ITEMS a. Proclamation - Miss Fashionetta Cotillion Day Ms. Vicky Meyer was present to introduce the 2010 debutantes: Taylor Dunbar, Erica Hogue, Jeanelle James, Shameka Kelley, Conradette King, Celicia Robinson, Eboney Weathersby, Arielle Williams, and Evenlyne Zayumba. Ms. Meyer accepted the proclamation presented by Mayor Landwehr who congratulated the students on their achievement. b. Proclamation - Dreams to Reality Ms. Lois Bax explained the organization's activities and success over the past years since it was created. She introduced members of the Board, who accepted the proclamation and Mayor Landwehr's thanks and congratulations on their important service to our citizens. c. City Coin Presented City Administrator Steve Rasmussen explained how that former Councilman Pete Oetting had suggested the idea of a City Coin, and that after some years of developing the design and creating the coins, he was now proud to present the first numbered coin to Mr. Oetting, who was present to accept it. Mayor Landwehr thanked former Councilman Oetting for his service to the community and to our nation during his completed deployment to Kosovo. REGULAR COUNCIL MEETING OCTOBER 4, 2010 2 MISCELLANEOUS AGENDA ITEMS - taken up out of order City Administrator Steve Rasmussen explained the annual Outstanding Service Award presented to a City employee who is nominated by their peers and selected by a committee comprised of past recipients. He stated that this year, two employees were chosen as co- recipients, and presented the following: Resolution RS2010 -35 Recognizing 2010 Outstanding Service Award Co- Recipient Barb Touchette (Koon) Following introduction of Ms. Touchette, Mayor John Landwehr thanked her for her outstanding service to the City, a motion was made by Councilman Mike Harvey for approval of RS2010 -35, seconded by Councilman Rich Koon, and approved unanimously by voice vote. Ms. Touchette was presented with a framed resolution. Resolution RS2010 -36 Recognizing 2010 Outstanding Service Award Co- Recipient Gary Oldelehr (Koon) Following introduction of Mr. Oldelehr to the Council, Mayor John Landwehr thanked him for his service to the City over the past several years. A motion was made by Councilman Bob Scrivner for approval of RS2010 -36, seconded by Councilman Jim Penfold, and approved unanimously by voice vote. Mr. Oldelehr was presented with a framed resolution. 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. Ad Hoc Sign Review Committee, September 13, 2010 b. USS Jefferson City Submarine Committee, August 11, 2010 c. Cultural Arts Commission, August 24, 2010 d. Transportation & Traffic Commission, August 11, 2010 e. Historic Preservation Commission, August 10, 2010 f. Public Works & Planning Committee, July 22 and August 19, 2010 g. CVB Reports, Minutes, and Documents (on file in the City Clerk's office) Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. REGULAR COUNCIL MEETING OCTOBER 4, 2010 3 COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be held on Wednesday, October 6 at 8:00 A.M. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on October 15 immediately following the Brown Bag work session. Public Safety Committee - Vice Chairman Eric Struemph reported Committee met on Friday, October 1, at Fire Station One. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on October 21 at 7:30 A.M. Ad Hoc Committees, if any: There were no ad hoc reports given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Finance Director Steve Schlueter reported on the upcoming visit to Jefferson City by six crew members of the USS Jefferson City Submarine. He announced that they will attend the October 18 City Council meeting while they are in Jefferson City. APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Councilman Rich Koon stated that Dr. Howard Pue was unable to attend tonight's meeting as previously planned, but that he had submitted some information which was distributed to Mayor and City Council and would be available upon request to the City Clerk. REGULAR COUNCIL MEETING OCTOBER 4, 2010 4 PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Leonard Steinman made comments regarding his opinions on Bill 2010 -64 (political and religious signs). Mr. Joe Wilson made comments regarding Bill 2010 -68 pertaining to the issue of the welfare of cats and dogs. Following his presentation, Councilman Rich Koon asked City Counselor Nathan Nickolaus to clarify whether Bill 2010 -68 contained any reference to the issue of "trap, spay, and neuter" of animals. Mr. Nickolaus replied there is no reference to that issue contained in Bill 2010 -68. Ms. Nancy Rau made comments regarding Bill 2010 -68, and stated she is opposed to Section 2 of the bill which would prohibit the feeding of feral cats on public property. She stated that she been feeding the feral cats living in Washington Park for some time, and explained the process she has established of catching the feral cats, taking them to be vaccinated and spayed or neutered at her own expense, then releasing them back into Washington Park with notched ears as an indication that they have been treated by a veterinarian. She stated several cats have been adopted, but that there are still some cats remaining on Washington Park property. Following her presentation, she answered several questions asked by the Council. Ms. Mary Richardson spoke on Bill 2010 -68, and stated that Ms. Rau has already made most all of the points she had intended to make, so she would just go on record as stating her agreement with Ms. Rau's comments. Mr. Ed Storey made comments regarding Bill 2010 -68 and stated he is also opposed to Section 2 pertaining to feeding of animals on public property. Ms. Kathy Farmer made comments regarding Bill 2010 -68 and asked if she and her husband would be in violation of the law if Section 2 is approved, because they feed stray animals they see wandering on the street in order to gain enough trust to be able to catch the animal and take it somewhere to be cared for. Mayor Landwehr stated he had noted her question and staff would be asked to provide an answer later in the meeting. ITEMS TAKEN UP OUT OF ORDER At the conclusion of the presentations from the gallery on specific bills and resolutions, Councilman Eric Struemph made a motion to take up Bill 2010 -68 out of order at this time to accommodate the large number of citizens in the audience interested in this item. The motion was seconded by Councilman Mike Harvey, and approved unanimously. Bill 2010 -68, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO THE HEALTH AND WELFARE OF CATS AND DOGS. REGULAR COUNCIL MEETING OCTOBER 4, 2010 5 Bill 2010 -68 was read third time by title and placed on final passage. A motion was made by Councilman Ron Medin to divide the issue into three bills, with Section 1 of the bill being Bill 2010 -68A, Section 2 of the bill being Bill 2010 -68B, and Section 3 of the bill being Bill 2010 -68C, with Section 4 (the "effective clause ") being renumbered as Section 2 in each of the divided bills. The motion to divide was seconded by Councilman Rich Koon. City Counselor Nathan Nickolaus advised since it only takes two Council Members to divide an issue, the motion and second just made satisfies that requirement and no other action is required to divide the bill. The bill will be divided as so moved and seconded, and Mayor John Landwehr suggested taking up 2010 -B last since it would require more discussion. Bill 2010 -68A (Maximum number of animals) - The bill was passed by the following roll - call vote as Ordinance 14727: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: Pope Bill 2010 -68C (Animal Unattended in Motor Vehicle): A motion was made by Councilman Mike Harvey, seconded by Councilman Weber, to amend the bill by changing Section 5 -34, paragraph A(1) from 90 degrees to 80 degrees, as follows: Sec. 5 -34. Animal Unattended in Motor Vehicle A. Endangering health of animal prohibited. A person may not leave an animal unattended in a standing or parked motor vehicle in a manner that endangers the health or safety of the animal. 1. There shall be a presumption that the health and safety of an animal is in danger if an animal is inside a motor vehicle and the temperature outside the motor vehicle is 9$ 80 degrees or greater, and the interior of the vehicle is not provided with conditioned air to maintain an internal temperature of 80 degrees Fahrenheit or less. Councilman Bob Scrivner asked for clarification of how the 90- degree temperature in the original bill was chosen. City Counselor Nathan Nickolaus stated that 90 degrees is the temperature currently prescribed by law for a child left in a vehicle. Councilman Scrivner then stated he would vote against the amendment due to the fact that he believes the temperature prescribed by law for animals should not be lower than the temperature currently prescribed by law for a child. The motion to amend was then approved with Councilman Bob Scrivner voting "nay." Bill 2010 -68C was then passed, as amended, by the following roll -call vote as Ordinance 14728: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Struemph, and Weber Nay: Scrivner Bill 2010 -68B (Maintaining Animals on Public Property Prohibited) - A lengthy REGULAR COUNCIL MEETING OCTOBER 4, 2010 6 discussion was held on the issue of feeding feral cats on public property. Councilman Rich Koon stated requested City Counselor Nathan Nickolaus to confirm whether a review of the video recording of the September 20 Council meeting contained any statement made by him or any other Council members to "killing" the feral cats in Washington Park. Mr. Nickolaus stated that the Law Department had reviewed that recording and found no such statements made by Councilman Koon or any Council member at the meeting. At the conclusion of the discussion, Bill 2010 -68B was defeated by the following roll -call vote: Aye: Koon, Penfold, and Scrivner Nay: Carroll, Griffith, Harvey, Medin, Pope, Struemph, and Weber RECESS Mayor John Landwehr called for a brief recess at this time (7:55 P.M.) RECONVENE The meeting reconvened at 8:05 P.M. with the following Council Members present: Present: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: None PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS & RESOLUTIONS Mayor John Landwehr stated that the Council will now allow continuation of presentations on specific bills and resolutions, and stated that Mr. Van Conia had arrived at the meeting late. He invited Mr. Van Conia to go ahead and make his "Invited Guests" presentation at this time. Mr. Brent Van Conia from St. Mary's Health Center an update on the status of the new St. Mary's Medical Center project. He stated that the beginning of patient treatment in the new facility is scheduled to begin January 2015. Mr. Jim Lambreath made a presentation regarding Bill 2010 -64 pertaining to political and REGULAR COUNCIL MEETING OCTOBER 4, 2010 7 religious signs. Following his presentation, Mayor John Landwehr stated he had written down some of Mr. Lambreath's questions for staff to answer later in the meeting. CONSENT AGENDA The following were presented to the Council for approval: a. Minutes of September 13, September 17, and September 20, 2010, City Council Meetings A motion was made by Councilman Mike Harvey for approval of the Consent Agenda, seconded by Councilman Dave Griffith, and approved unanimously. BILLS INTRODUCED Bill 2010 -71, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17 OF THE CITY CODE BY ALLOWING 25 ACTIVE PROPERTIES TO PARTICIPATE IN THE FACADE IMPROVEMENT TAX REIMBURSEMENT PROGRAM. Bill 2010 -72, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE B, (LEFT TURNS PROHIBITED; RIGHT TURNS PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE REMOVAL OF A PORTION OF MADISON STREET. Bill 2010 -73, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), AND SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MARSHALL STREET. Bill 2010 -74, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PETERSON GROUP FOR EVIDENCE ROOM STORAGE MODIFICATIONS. REGULAR COUNCIL MEETING OCTOBER 4, 2010 8 Bill 2010 -75, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIDWEST ATC SERVICE, INC., FOR AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF FEBRUARY 1, 2010 TO SEPTEMBER 30, 2010. Bill 2010 -76, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING PORTIONS OF CERTAIN EASEMENTS LOCATED ACROSS LOTS 25, 26 AND 27 OF CHAPEL HILL COMMONS, SECTION THREE, AND ACROSS A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. BILLS PENDING Bill 2010 -64, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO POLITICAL AND RELIGIOUS SIGNS. Bill 2010 -64 was read third time by title and placed on final passage. Following a lengthy discussion and several questions clarified by staff, Councilman Jim Penfold placed Bill 2010 -64 on the Informal Calendar. Bill 2010 -65, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 OF THE CITY CODE BY ADDING ONE NEW ARTICLE CREATING A SIDEWALK IMPROVEMENT PROGRAM. Councilman Jim Penfold stated he wished to withdraw Bill 2010 -65 at this time. Bill 2010 -66, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 14417. Bill 2010 -66 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14725: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber REGULAR COUNCIL MEETING OCTOBER 4, 2010 9 Nay: None Bill 2010 -67, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION AND REMOVAL CONTRACT. Bill 2010 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14726: Aye: Carroll, Harvey, Koon, Medin, Penfold, and Weber Nay: Griffith, Pope, Scrivner, and Struemph Bill 2010 -69, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH COLE COUNTY, MISSOURI AND SSM REGIONAL HEALTH SERVICES. Bill 2010 -69 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14729: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -70, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COST SHARE AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. Bill 2010 -70 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14730: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None REGULAR COUNCIL MEETING OCTOBER 4, 2010 10 INFORMAL CALENDAR There were no items on the Informal Calendar. RESOLUTIONS RS2010 -32 Authorizing Contract Extension with Jefferson City Area Chamber of Commerce for Economic Development Services (Koon) A motion was made by Councilman Mike Harvey for adoption of RS2010 -32 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None RS2010 -33 Sidewalk Maintenance and Repair (Penfold) A motion was made by Councilman Bob Scrivner for adoption, seconded by Councilman Mike Harvey. Following a lengthy discussion, Councilman Mike Harvey called the question, seconded by Councilman Rich Koon, and approved unanimously. RS2010 -33 was then adopted by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: Pope RS2010 -34 Authorizing Permissive Use of Right -of -Way for Cole County Justice Center (Penfold) A motion was made by Councilman Mike Harvey for adoption, seconded by Councilman Eric Struemph, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None REGULAR COUNCIL MEETING OCTOBER 4, 2010 11 SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Charles Gaskin made comments regarding Bill 2010 -62 which was passed at the September 20 Council meeting pertaining to Allied Waste. At the conclusion of his remarks, Mayor John Landwehr asked staff to be prepared to answer some of Mr. Gaskin's questions and provide the Council with the same answers. Mr. Leonard Steinman made comments regarding the water company and the sewer system based on his observations. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Mayor John Landwehr suggested to Mr. Steinman that he get in touch with Wastewater Division Director Eric Seaman regarding his comments about the sewer system as some of the statements Mr. Steinman made were incorrect. Councilman Dave Griffith asked for the Council to observe a moment of silence in honor of the recent passing of City employee Bruce Murray. NEW BUSINESS Councilwoman Carrie Carroll commented on the success of the September 25 recycling event and pharmaceutical take -back program. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. ADJOURNMENT REGULAR COUNCIL MEETING OCTOBER 4, 2010 12 A motion to adjourn was made by Councilman Jim Penfold, seconded by Councilman Rich Koon, and approved unanimously at 9:45 P.M.