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Home My Public Portal About20101101REGULAR COUNCIL MEETING NOVEMBER 1, 2010 1 CALL TO ORDER The Regular Council Meeting of November 1, 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, Penfold, Pope, Scrivner, Struemph, and Weber Absent: *Medin (arrived at 6:10 P.M.) 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 There were no items brought before the Council at this point in the meeting. 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. Housing Authority Board of Commissioners, August 3 and September 14, 2010 b. Parks and Recreation Commission, September 14, 2010 c. Finance Committee, July 16, 2010 d. Transportation & Traffic Commission, September 15, 2010 e. Public Works & Planning Committee, September 22, 2010 f. Planning & Zoning Commission, August 12, 2010 g. CAMPO Board of Directors, September 15, 2010 REGULAR COUNCIL MEETING NOVEMBER 1, 2010 2 h. Ad Hoc Sign Review Committee, October 11, 2010 i. Animal Shelter Advisory Committee, July 28, 2010 j. Cultural Arts Commission, September 28, 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 that the next meeting will be held on Wednesday, November 3 at 8:00 A.M. and announced the items appearing on that agenda. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on November 12 immediately following the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the last meeting was held on Friday, October 29, at Hyde Park where the Committee toured the site for the new Animal Shelter. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on November 18 at 7:30 A.M. Ad Hoc Committees, if any: Councilman Jim Penfold reported on the Conference Center Design and Construction Committee meeting held on Thursday, October 21 at 4:30 P.M. Councilman Rich Koon reported on the status of the Millbottom site which the Millbottom Committee has previously discussed. *Councilman Ron Medin arrived at this point in the meeting (6:10 P.M.) ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that the Council will hold a Work Session on Monday, November 8 at 5:30 P.M. to discuss the conference center issue. REGULAR COUNCIL MEETING NOVEMBER 1, 2010 3 APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Jim Wisch and Mr. Mike Bates appeared on behalf of the citizens' committee promoting the sewer bond revenue issue which is on the November 2 ballot. They encouraged voters to approve the bonds and briefly explained the sewer improvements made using revenue from previously approved bonds. Assistant Fire Chief Jason Turner introduced Mr. Josh Young and Mr. Ryan Lock as the newest Fire Fighters hired by the Jefferson City Fire Department. Mayor John Landwehr welcomed them to the ranks of the City's Fire Department and congratulated them on their selection. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Leonard Steinman stated he wished to apologize for comments made at a previous meeting regarding the City's sewer system which were unfounded. Mr. Joe Crump stated he owns a tattoo business just outside the City and stated he believes that requiring a $5 million liability insurance for tattoo businesses inside the City is a good thing. He also mentioned several issues with tattoo businesses inside the City which he believes are violations of the City's existing regulations on tattoo businesses. Mr. Derek Schlotter stated he operates a tattoo business in a rented building in the Central Business District of the City, but that he is looking at a building to purchase in the same district and wanted to know if the City zoning regulations are changed to prohibit tattoo businesses in that portion of the City if the building he is negotiating to buy would be prohibited as a tattoo business. Mayor John Landwehr stated he would ask staff to answer that question during the appropriate part of the meeting. CONSENT AGENDA The following were presented to the Council for approval: a. Minutes of October 11, October 15, and October 18, 2010 City Council Meetings REGULAR COUNCIL MEETING NOVEMBER 1, 2010 4 A motion was made by Councilman Dave Griffith for approval of the Consent Agenda, seconded by Councilman Jim Penfold, and approved unanimously. BILLS INTRODUCED Bill 2010 -79, 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 0.05 ACRES FROM RA -2 HIGH DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL FOR PROPERTY ADDRESSED AS 306 CLAY STREET, DESCRIBED AS PART OF INLOT 407, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2010 -80, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF MOHAWK DRIVE AT INDIAN MEADOW. Bill 2010 -81, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE G, (STOP INTERSECTIONS), SUBPARAGRAPH (B), (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF CRESTWOOD DRIVE AT BROOKDALE DRIVE. Bill 2010 -82, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD RECYCLING FOR TRANSPORTATION AND RECYCLING OF MATERIALS Bill 2010 -83, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A REFERENDUM ON IMPOSING A LICENSE TAX OF SEVEN PERCENT (7 %) ON HOTEL AND MOTEL ACCOMMODATIONS. REGULAR COUNCIL MEETING NOVEMBER 1, 2010 5 BILLS PENDING 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 -77 was read third time by title, placed on final passage and, following a lengthy discussion, defeated by the following roll -call vote: Aye: Griffith, Koon, Medin, and Penfold Nay: Carroll, Harvey, Pope, Scrivner, Struemph, and Weber 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. Bill 2010 -78 was read third time by title and placed on final passage. A motion was made by Councilman Bob Scrivner to accept the Substitute Bill 2010 -78 which was distributed at the October 15 Brown Bag work session, seconded by Councilman Dave Griffith, and approved unanimously. A motion was made by Councilman Bob Scrivner to divide the issue into two bills, the first bill being 2010 -78A would contain "Section 1" pertaining to hours of operation, and the enactment section renumbered as "Section 2 ". The second bill being 2010 -78B would contain "Sections 2, 3, and 4, being renumbered as Sections 1, 2, and 3, and the enactment Section being renumbered as Section 4." The motion was seconded by Councilman Jim Penfold. City Counselor Nathan Nickolaus advised that since only two Council Members need to be in favor of dividing the issue, no further action is necessary to do so. Following a lengthy discussion, Bill 2010 -78A was then passed, as previously substituted, by the following roll -call vote as Ordinance 14737: Aye: Carroll, Griffith, Harvey, Koon, Penfold, Pope, and Weber Nay: Medin, Scrivner, and Struemph Bill 2010 -78B was then passed, as previously substituted, by the following roll -call vote, as Ordinance 14738: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None REGULAR COUNCIL MEETING NOVEMBER 1, 2010 6 INFORMAL CALENDAR There were no bills on the Informal Calendar at this time. RESOLUTIONS RS2010 -40 Renewal of Lease Agreement for Restaurant Operation at the Jefferson City Memorial Airport (Scrivner) A motion was made by Councilman Bob Scrivner for adoption of RS2010 -40 as presented, 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 SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Joe Wilson made comments regarding discussions held at the October 29 Public Safety Committee meeting, and stated he believes the City should adopt legislation prohibiting animals riding untethered in the back of pickup trucks. Mr. Leonard Steinman made comments regarding speeding on Hough Street and stated that he has called the 9 -1 -1 emergency number more than twenty times to report various situations and sometimes takes days before he receives a call back. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Dave Griffith encouraged citizens to exercise their right to vote in tomorrow's elections. REGULAR COUNCIL MEETING NOVEMBER 1, 2010 7 Councilman Bob Scrivner asked if misuse of the 9 -1 -1 emergency system is a common occurrence. Discussion was held regarding Mr. Steinman's inappropriate use of 9 -1 -1 to report non - emergency situations. Councilwoman Carrie Carroll made comments regarding Mr. Crump's presentation in which he stated illegal activities are occurring in tattoo businesses inside the City. Discussion was held regarding zoning which would affect tattoo businesses, and the upcoming Planning and Zoning Commission meeting at which the issue of zoning involving tattoo businesses will be discussed and considered. Mayor John Landwehr asked City Counselor Nathan Nickolaus to answer Mr. Schlotter's question regarding grandfathering in a tattoo business which would operate in a building he purchased if the City zoning prohibits tattoo businesses within the Central Business District. Mr. Nickolaus stated that Mr. Schlotter's current business would be grandfathered in, but that if he moves to a different location in a purchased building in the same district, he would no longer be grandfathered in. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES October 18, 2010 Closed Session Minutes - A motion was made by Councilman Mike Harvey for approval of the minutes, 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 GO INTO CLOSED SESSION REGULAR COUNCIL MEETING NOVEMBER 1, 2010 8 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: Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Dave Griffith to go into closed session, seconded by Councilman Mike Harvey, and approved by the following roll -call vote at 7:50 P.M.: Aye: Carroll, Griffith, Harvey, Koon, Medin, Penfold, Scrivner, Struemph, and Weber Nay: Pope