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Home My Public Portal About20101018REGULAR COUNCIL MEETING OCTOBER 18, 2010 1 CALL TO ORDER The Regular Council Meeting of October 18, 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 Mayor John Landwehr recognized Chairman of the USS Jefferson City Submarine Committee and asked him to introduce the following USS Jefferson City Submarine Crew Members who are visiting the City and attending tonight's meeting: 1. CDR Edward Anderson, Commanding Officer 2. Senior Chief Robert Jacques, Assistant Navigator 3. Petty Officer First Class Christopher Hankins, Leading Yeoman 4. Petty Office First Class Andrew Gentle, Auxiliary Division Leading Petty Officer 5. Culinary Specialist Second Class Ramiro Benitez, Culinary Specialist Division Leading Petty Officer 6. Petty Officer Second Class Christopher Dunsworth, Torpedo Division Leading Petty Officer 7. Petty Officer Third Class Peter Le, Member of Communication Division Following the introduction, a motion was made by Councilman Bob Scrivner, seconded by Councilman Dave Griffith, to approve the presentation of a City Coin to each of the crew members. Following the presentation, those in attendance conveyed its thanks to the crew for their service to our country with a standing ovation. REGULAR COUNCIL MEETING OCTOBER 18, 2010 2 Mayor John Landwehr recognized that there are Boy Scouts present and asked them to stand and introduce themselves and identify their Troop. The Scouts stated they were members of Troop 11. Mayor Landwehr welcomed the Scouts. 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 27, 2010 b. Board of Adjustment, July 13, 2010 c. Ad Hoc Committee on Old Town, September 17, 2010 d. September Finance Reports e. Airport Advisory Committee, July 6, 2010 f. Mural Permit Hearing, October 5, 2010 g. Board of Electrical Examiners and Review, August 11, 2010 h. Historic Preservation Commission, September 21, 2010 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL COMMITTEE REPORTS Administration Committee - Councilwoman Carrie Carroll reported on the next meeting that was held on October 11. Finance Committee - Councilman Rich Koon announced that the last meeting was held on October 15 immediately following the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the next meeting will be held on Friday, October 29, at Hyde Park. 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: REGULAR COUNCIL MEETING OCTOBER 18, 2010 3 Councilman Ron Medin announced that the Ad Hoc Committee on the Revitalization of Old Town will be held on October 29 at 7:00 A.M. Councilman Jim Penfold announced that the Conference Center Design and Construction Committee will meet on Thursday, October 21 at 4:30 P.M. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Maurice ( "Mo ") Ledin, Plant Manager of Modine Manufacturing, made a brief presentation regarding their company's recent 30th Anniversary celebration. Mayor John Landwehr congratulated Mr. Ledin and made comments on the company's important contribution to our City's economic development. Ms. Gloria Enloe, JCTV, made a joint presentation with Mr. Bryan Gann of Mediacom regarding transition issues from analog to digital and how it affected citizens' access to JCTV. Media has recently begun distribution, at no charge to customers, an accessory called a "DTA" which allows customers to access JCTV from even the most basic cable tiers. Mr. Eric Seaman, Waste Water Division Director, made a presentation concerning the issue of biosolids to correct comments contained in a citizen presentation made at the October 4 City Council meeting. Following his presentation, he answered questions asked by the Council. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this point in the meeting. CONSENT AGENDA REGULAR COUNCIL MEETING OCTOBER 18, 2010 4 The following were presented to the Council for approval: a. Minutes of October 1 and October 4, 2010 City Council Meetings A motion was made by Councilman Dave Griffith for approval of the Consent Agenda, seconded by Councilman Bob Scrivner, and approved unanimously. BILLS INTRODUCED Bill 2010 -77, sponsored by Councilman Penfold, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING EXCESSIVE NOISE FROM ENGINE COMPRESSION BRAKES. Bill 2010 -78, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO TATTOOING. Following a lengthy discussion, Councilman Bob Scrivner stated he planned to make a motion to divide the bill when it is voted on. Councilwoman Carrie Carroll asked that any amendments suggested to this bill be sent through the Administration Committee as that Committee had been the one instrumental in discussing the issue and drafting the bill currently before the Council. BILLS PENDING 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 -71 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14731: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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 REGULAR COUNCIL MEETING OCTOBER 18, 2010 5 TURNS PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE REMOVAL OF A PORTION OF MADISON STREET. Bill 2010 -72 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14732: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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 -73 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14733: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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. Bill 2010 -74 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14734: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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 ATCSERVICE, 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 -75 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14735: REGULAR COUNCIL MEETING OCTOBER 18, 2010 6 Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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. Bill 2010 -76 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14736: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None INFORMAL CALENDAR 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. Councilman Jim Penfold stated he is withdrawing Bill 2010 -64 at this time to allow time for some informational sessions to be held. RESOLUTIONS RS2010 -37 Authorizing Contract Renewal with United States Infrastructure Corp., D /B /A USIC /SM &P Utility Resources, Inc., for Utility Locating Services (Penfold) A motion was made by Councilman Mike Harvey for adoption of RS2010 -37 as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber None REGULAR COUNCIL MEETING OCTOBER 18, 2010 7 RS2010 -38 Permissive Use of Right -of -Way for Display of Artistic Flags on Portions of East High Street (Penfold) A motion was made by Councilman Bryan Pope for adoption of RS2010 -38 as presented, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: Pope RS2010 -39 Authorizing Property and Liability Insurance through St. Paul Fire and Marine Insurance Company for(Koon) A motion was made by Councilman Dave Griffith for adoption of RS2010 -39 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Tony Smith made comments representing the Elmerine Neighborhood who have signed a cost -share petition for curbs, guttering and sidewalks. Following his presentation, he submitted his petition to the City Clerk. A motion was made by Councilman Eric Struemph, seconded by Councilman Jim Penfold, to allow a speaker who arrived at the meeting late, but would like to make a presentation at this time. The motion was approved unanimously. Mr. Brett Courtney made comments regarding Bill 2010 -78 (tattoo ordinance amendments) REGULAR COUNCIL MEETING OCTOBER 18, 2010 8 and stated his opinion that he does not believe the Council has the right to regulate the hours, or locations, of tattoo businesses. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Mayor John Landwehr stated that he respectfully disagreed with Mr. Courtney's comments regarding the regulation of hours and location of tattoo businesses. He stated it is a zoning matter and that the Council approves those issues under zoning on a regular basis. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. 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: Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Mike Harvey to go into closed session, seconded by Councilman Ron Medin, and approved by the following roll -call vote at 7:15 P.M.: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None