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.