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HomeMy Public PortalAbout20091102REGULAR COUNCIL MEETING NOVEMBER 2, 2009 1 CALL TO ORDER The Regular Council Meeting of November 2, 2009, 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, Harvey, Klindt, Koon, Penfold, Pope, Scrivner and Struemph Absent: Medin ( *arrived at 7:20 P.M.) A quorum was declared present. Mayor John Landwehr recognized members of Boy Scout Troop 6 from First Presbyterian Church who were present to earn their Citizenship in the Community badges, and welcomed them to the meeting. Mayor 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 Landwehr explained that the order of tonight's agenda had been discussed by the Council, and that the presentations from various presenters will be brought up earlier in the meeting to accommodate the presenters and allow the Council time to ask questions and discuss the issues brought up. 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. CAMPO Board, September 16, 2009 b. Police Personnel Board, September 17, 2009 c. Finance Committee, July 17, 2009 d. Cultural Arts Commission, September 28, 2009 e. Transportation & Traffic Commission, September 16, 2009 f. TIF Commission, February 26 and September 17, 2009 REGULAR COUNCIL MEETING NOVEMBER 2, 2009 2 g. Environmental Quality Commission, August 20, 2009 h. Council Committee on Administration, August 12 and September 9, 2009 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Ms. Val Windsor re: Recap of Art Inside the Park - Ms. Windsor gave a detailed report on the event and distributed handouts illustrating the various exhibits. She thanked the Parks and Recreation Department them and stated that without their assistance, the event would not have been possible. Mr. Steve Picker re: CVB 2010 Budget - Mr. Picker explained the highlights of the budget that will come before the Council for approval at an upcoming meeting, and also reported on the continued success of the Missouri State Penitentiary tours which have become a great tourist attraction in the past months. COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll stated the next meeting will be Wednesday, November 4 at 8:00 A.M. Finance Committee - Councilman Rich Koon reported that the next meeting will be Friday, November 13, immediately following the 12:00 P.M. Brown Bag work session. Public Safety Committee - Councilman Dan Klindt reported that the Committee met last Friday, October 30, and toured Fire Station #3. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held Thursday, November 19 at 7:30 A.M. Ad Hoc Committees, if any: No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS The following meetings were announced by Mayor John Landwehr. a. Nov. 9 — City Council Work Session on Transit APPOINTMENTS BY THE MAYOR REGULAR COUNCIL MEETING NOVEMBER 2, 2009 3 There were no appointments recommended at this time. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. James Layton, Jefferson City, spoke regarding Bill 2009 -97 (moratorium on sidewalks). He expressed his opposition to the bill and encouraged the Council not to even introduce it and explained his reasons for his opposition. Mr. Michael Brownstein, Jefferson City, stated he is also opposed to Bill 2009 -97 pertaining to a moratorium on sidewalks, and indicated his reasons for doing so. Mr. Rick Graham, Allied Waste, re: update on beginning of single- stream trash & recycling program - Mr. Graham reported that on the first day of the program, the company picked up 17 tons of trash and 14 tons of recyclables, and he stated he believes the first day indicates the future success of the program as a whole. Mr. Graham also introduced Mr. Gary Gillam from Resource Management in St. Louis, who answered questions about the recycling program. The Council asked several questions which both Mr. Graham and Mr. Gillam answered. Mayor John Landwehr stated that following presentations from the gallery regarding this issue, both gentlemen would also be able to answer questions that may be brought up as a result of those presentations. Mr. Joe Wilson, Jefferson City, stated his opposition to certain language in Bill 2009 -88 as it pertains to the term "provocation" of animals. He stated the Council needs to revisit the issue and encouraged them not to pass the bill as it was being presented. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS The following persons presented their comments in opposition to the single- stream trash and recycling program which went into effect in the City today. Ms. Marilyn Monks Mr. Michael Brownstein Ms. Betty Beeman *Councilman Ron Medin arrived at this point in the meeting (7:20 P.M.) Mr. Bill Towson Mr. Arthur Brown Ms. Betty Backes Mr. Donald Bowman Following each presentation, the Council Members were given the opportunity to ask questions of the presenters about certain points. Mayor John Landwehr stated that each REGULAR COUNCIL MEETING NOVEMBER 2, 2009 4 question or issue which was brought up was being listed so that the Council, staff, or representatives of Allied Waste could answer them before the meeting ends. Ms. Sherrie Downs made comments in opposition to Bill 2009 -97 (sidewalk moratorium) and gave her reasons for her opposition. At the conclusion of the presentations, Mayor John Landwehr asked Mr. Gary Gillam from Resource Management to answer questions which had been raised by the presenters regarding issues like the recycling of glass, which plastics can or cannot be recycled, whether aluminum cans can be recycled, etc. Following Mr. Gillam's comments, Mayor John Landwehr asked Assistant Community Director Charles Lansford to get some information about how many cities in Missouri with a population of over 10,000 have "mandatory" trash service. He also stated that the City is in the process of developing a program which may assist those residents of the City who are unable to pay for trash service. RECESS Mayor John Landwehr called for a brief recess at this point in the meeting (8:07 P.M.) RECONVENE The meeting reconvened at 8:20 P.M. with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of October 16 and October 19, 2009 City Council Meetings A motion was made by Councilman Kenneth Ferguson to approve the minutes, seconded by Councilman Rich Koon, and approved unanimously. REGULAR COUNCIL MEETING NOVEMBER 2, 2009 5 BILLS INTRODUCED Bill 2009 -90, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 3016 DUPONT CIRCLE; DESCRIBED AS LOT 3 OF EXECUTIVE PARK SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2009 -91, sponsored by Councilman Struemph, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF CHERRY CREEK SUBDIVISION, SECTION THREE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2009 -92, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF CREEK TRAIL DRIVE. Bill 2009 -93, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR THE BOLIVAR STREET AND W. MCCARTY STREET INTERSECTION IMPROVEMENTS. Bill 2009 -94, sponsored by Council Members Penfold, Koon, Carroll & Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON CITY, MISSOURI TO ESTABLISH A REDEVELOPMENT AREA, APPROVE THE SOUTHSIDE TAX INCREMENT FINANCING PLAN, APPROVE THE E. DUNKLIN STREET REDEVELOPMENT PROJECT AND ADOPT TAX INCREMENT FINANCING, AND DESIGNATE DUNKLIN STREET PROPERTIES, LLC AS THE DEVELOPER. Bill 2009 -95, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2009 -2010 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. REGULAR COUNCIL MEETING NOVEMBER 2, 2009 6 Bill 2009 -96, sponsored by Councilman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBLEASE AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR SPACE USED BY AMTRAK GREETERS. Bill 2009 -97, sponsored by Councilman Klindt, cosponsored by Council Members Carroll, Scrivner, Struemph, Pope, and Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING A MORATORIUM ON THE REQUIREMENT OF THE CITY CODE THAT SIDEWALKS BE CONSTRUCTED IN CONJUNCTION WITH IN -FILL DEVELOPMENT AND RENOVATION. Councilman Dan Klindt stated he will be distributing some amendments to this bill within the next couple of days. Councilman Jim Penfold asked who the "several businesses" were which were referenced in the Bill Summary, and stated he had asked staff to provide that information for tonight at last Friday's Brown Bag work session. Staff provided the names of four businesses of which they were aware, but stated there may be others that could come forward of which the City is not currently aware. Mayor John Landwehr asked for a memorandum from staff to advise the Council how passage of such a bill could affect the four businesses mentioned. City Counselor Nathan Nickolaus advised against putting that information in writing and gave his legal reasons for doing so. Mayor Landwehr stated he does think the Council will need some help from staff them understand what this legislation will do, and suggested that staff find a way to provide that help in the best manner. BILLS PENDING Bill 2009 -87, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED STATES INFRASTRUCTURE CORP., D /B /A USIC /SM &P UTILITY RESOURCES, INC., FOR UTILITY LOCATE SERVICES. Bill 2009 -87 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14599: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -88, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING CHAPTER 5 (ANIMALS) OF THE CODE OF THE CITY OF REGULAR COUNCIL MEETING NOVEMBER 2, 2009 7 JEFFERSON, MISSOURI, BY ADDING DEFINITION FOR "PROVOCATION" OF ANIMALS, AND CLARIFYING THE APPEALS PROCESS. Bill 2009 -88 was read third time by title and placed on final passage. Following a lengthy discussion, a motion was made by Councilman Rich Koon to call the question, seconded by Councilman Eric Struemph, and passed with Councilman Dan Klindt voting "Nay." Following questions by the Council of City Counselor Nathan Nickolaus, regarding the call for the question, Mr. Nickolaus advised that the only way to continue to discuss or amend Bill 2009 -88 after the question had been successfully been called was to vote on the bill in the state it appeared at the time the question was called, then reconsider the bill. Bill 2009 -88 was then defeated by the following roll -call vote: Aye: Harvey, Nay: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph A motion was made by Councilman Rich Koon, as a member who voted on the prevailing side, to reconsider Bill 2009 -88. The motion was seconded by Councilman Eric Struemph, and approved by the following roll -call vote: Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, and Struemph Nay: Harvey, Pope, and Scrivner Bill 2009 -88 was then reconsidered as previously defeated. A motion was made by Councilman Jim Penfold to accept the Substitute Bill 2009 -88 which was previously distributed to the Council, seconded by Councilman Rich Koon, and approved, with Councilman Mike Harvey voting "Nay." A motion was then made by Councilman Dan Klindt, seconded by Councilman Eric Struemph, to amend Substitute Bill 2009 -88 by removing the word "or" in the following sentence which appears in Section 2, Paragraph 5, herein indicated in bold text: All owners, keepers or harborers of vicious animals shall present to the animal control officer upon request of the animal control officer a statement certifying that they have the required insurance policy or in effect. The motion to amend was then approved unanimously. Bill 2009 -88 was then approved, as reconsidered, substituted, and amended, by the following roll -call vote as Ordinance 14600: REGULAR COUNCIL MEETING NOVEMBER 2, 2009 8 Aye: Carroll, Ferguson, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: Harvey Bill 2009 -89, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CALLAWAY COUNTY COLLECTOR FOR BILLING AND COLLECTION OF TAXES. Bill 2009 -89 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14601: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None INFORMAL CALENDAR Bill 2009 -73, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING SEVERAL PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. Councilwoman Carrie Carroll requested that Bill 2009 -73 remain on the Informal Calendar until City Counselor Nathan Nickolaus can make a presentation on it at the November 9 Work Session. Bill 2009 -81, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 (STREETS AND HIGHWAYS), SCHEDULE (0), (PARKING TIME LIMIT ZONES) OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING PORTIONS OF DUNKLIN STREET AND JEFFERSON STREET; AND SCHEDULE (N), (PARKING METER ZONES AND MONTHLY PARKING FEES) PERTAINING TO LOT #31. Councilman Ron Medin stated he wished to remove Bill 2009 -81 from the Informal Calendar at this time. Bill 2009 -81 was removed from the Informal Calendar, read third time by title, and placed on final passage. Following a lengthy discussion, a motion was made by Councilwoman Carrie Carroll to amend Section 2 of Bill 2009 -81 pertaining to (c), Time Zone E, by changing the following sentence: Jefferson Street: the east side between Dunklin Street and E. Cedar Way. REGULAR COUNCIL MEETING NOVEMBER 2, 2009 9 to the following language: Jefferson Street: the east side between Dunklin Street to the Expressway. The motion to amend was then approved by the following roll -call vote: Aye: Nay: Carroll, Ferguson, Klindt, Koon, Medin, Pope, Scrivner, and Struemph Harvey and Penfold Bill 2009 -81 was then passed, as amended, by the following roll -call vote as Ordinance 14602: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None RESOLUTIONS RS2009 -29 Approval of Year 2 Action Plan for HUD Entitlement (Carroll) A motion was made by Councilman Mike Harvey for adoption of RS2009 -29 as presented, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph None RS2009 -30 Endorsing Neighborhood Assistance Program for Share the Harvest (Klindt) A motion was made by Councilman Dan Klindt for adoption of RS2009 -30 as presented, seconded by Councilman Eric Struemph, and approved unanimously by the following roll -call vote: Aye: Nay: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS REGULAR COUNCIL MEETING NOVEMBER 2, 2009 10 There were no presentations made at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS No discussion occurred at this time. NEW BUSINESS UNFINISHED BUSINESS No Unfinished Business was brought forward. SCHEDULED REPORTS Mayor John Landwehr stated that, due to the lateness of the hour, he would ask Chief Roger Schroeder to defer his scheduled report on the character trait of "Honesty" as requested by Mayor John Landwehr at the October 19, 2009 City Council meeting until the November 16 meeting. He also asked Fire Chief Bob Rennick to be prepared to give a report on the character trait of "Ethical" at the November 16 meeting. ADJOURNMENT As no further business was brought before the Council at this time, a motion was made by Councilman Jim Penfold for adjournment, seconded by Councilman Bob Scrivner, and approved unanimously at 10:05 P.M.