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
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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.