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HomeMy Public PortalAbout20100119REGULAR COUNCIL MEETING JANUARY 19, 2010 1 CALL TO ORDER The Regular Council Meeting of January 19, 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, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner and Struemph Absent: None A quorum was declared present. Mayor John Landwehr explained that the Council will be moving some of the presentations forward on the agenda tonight to accommodate the large number of residents who were present to speak on various topics. He then 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 Nothing under this topic was brought before the Council at this time. 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. Board of Electrical Examiners and Review, July 1, 2009 b. Airport Advisory Committee, December 7, 2009 c. USS Jefferson City Submarine Committee, November 24, 2009 d. Human Relations Commission, December 8, 2009 e. Parks & Recreation Commission, December 8, 2009 REGULAR COUNCIL MEETING JANUARY 19, 2010 2 f. Historic Preservation Commission, December 8, 2009 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be Wednesday, February 3 at 8:00 A.M. Finance Committee - Councilman Koon reported that the next meeting will be held on Friday, February 26, immediately following the 12:00 P.M. Brown Bag work session. Public Safety Committee - Councilman Dan Klindt reported that the Committee met on Thursday, January 14. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held January 21 at 7:30 A.M. Ad Hoc Committees, if any: No reports were given at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Mayor John Landwehr announced that a Council Retreat will be held on Saturday, February 6 from 8:00 A.M. to 2:00 P.M. at the Hy -Vee Community Room for the Council to discuss short -range and long -range plans, and it is a meeting which the public may attend to hear this discussion. APPOINTMENTS BY THE MAYOR a. Police Department Promotions 1. Patrick McCutchen, promoted from Police Officer III to Sergeant 2. Eric Wilde, promoted from Sergeant to Lieutenant A motion was made by Councilman Dan Klindt to approve the promotions as recommended, seconded by Councilman Mike Harvey, and approved unanimously. b. City Boards and Commissions REGULAR COUNCIL MEETING JANUARY 19, 2010 3 1 CVB Board (a) Debbie Brown — Partial Term to expire Dec. 2011 (b) Andy Neidert — Partial Term to expire Jan. 2011 A motion was made by Councilman Bob Scrivner to approve the appointments as recommended, seconded by Councilman Kenneth Ferguson, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS and PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Randy Allen, President and CEO of the Jefferson City Area Chamber of Commerce, made a presentation on behalf of the Chamber defining their support of the Adrian's Island project because the Chamber believes it would have a positive impact on the economic development of the City. Mr. Dick Gaffney, Jefferson City, made a presentation first to invite citizens to attend the 75th anniversary of the Boy Scouts which will be held at the Rozier Gallery. He then stated his opposition to the Adrian's Island project due to the issue of flooding in that area. Ms. Heidi Doerhoff Vollet made a presentation in support of the Adrian's Island proposal both on behalf of the Jefferson City Parks and Recreation Commission, on which she is a member, and as a parent. She stated her reasons that she believes the Adrian's Island proposal would be beneficial to the City. Mr. Rick Graham, Allied Waste, introduced two members of Allied's staff, followed by a report on the status of the single stream trash and recycling program since its inception in the City. Following his presentation, he answered questions asked by the Council. Mr. Bill Towson made a presentation to thank the Code Enforcement Division for their efforts to ensure that citizens remove their trash dumpsters from the curbs in a timely manner following a scheduled pick -up. Ms. Sheila Symes made a presentation to state her opposition to the mandatory trash program which recently went into effect in the City. Mr. Charles Pannell of Jefferson City stated his opposition to the single stream trash and recycling issue as currently in effect. Mr. Len Stella stated he approves of the newly enacted trash and recycling system. Mr. Bill Farr stated he is concerned because he believes smaller communities who are not required to recycle may be filling up our landfill with recyclable materials. Mr. Leonard Steinman stated there is still a dump located in the City on the Moreau River REGULAR COUNCIL MEETING JANUARY 19, 2010 4 which needs to be cleaned up. He also stated he does not believe any Council Member should be allowed to participate in issues regarding HUD funds if they have any association whatsoever with Central Bank as he believes that to be unethical. Mr. Arthur Brown stated he is opposed to the trash and recycling system and asked the City Council to reconsider. Mr. Jenny Robben stated that there are seven family members in her household, and that the current trash dumpsters are not large enough for her family. She would also like to see glass become recyclable in the City. Mr. Matthew Luadzers stated he believes the trash system is a monopoly and also disagrees with the indigent program as proposed. Ms. Mary Mason stated she has observed trash left on the streets and that is embarrassing to her as a citizen of Jefferson City. Mr. Marty Miller stated that, as a member of the Parks and Recreation Commission, he supports the Adrian's Island proposal. Mr. Stan Cowan made a report on current air quality in the City as it pertains to the issue of second hand smoke. Following his overhead power point presentation, he answered questions asked by the Council. The following persons spoke in support of a ban on smoking in public places in the City: Dr. Jack Sanders, MD Mr. James Farris Mr. Michael Brownstein Dr. Nina Kiekhaefer, MD The following persons spoke in opposition to a ban on smoking in public places in the City: Ms. Jenny Robben RECESS Mayor John Landwehr called for a brief recess at this time to allow citizens who wished to leave to do so. The meeting recessed at 7:42 P.M. RECONVENE The meeting reconvened at 7:50 P.M. with the following Council Members present: Present: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, REGULAR COUNCIL MEETING JANUARY 19, 2010 5 Scrivner and Struemph Absent: None PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Joe Wilson made a presentation regarding the new animal shelter. He stated he is in favor of the new animal shelter as long as the current status quo at the City's current animal shelter is not maintained. He provided a website for Council members to look up information on the issue. Mr. Quentin Rice made a presentation regarding the issue of tattooing. He stated he is in favor of allowing tattoo establishments but believes that 8:00 P.M. is too early to require such establishments to close. Mr. Eric Williams stated he is in favor of allowing tattoo establishment to operate in the City. Mr. Chris Scheperle stated he is opposed to the Adrian's Island proposal. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS Mayor John Landwehr asked City Counselor Nathan Nickolaus to provide an opinion regarding Mr. Steinman's issue concerning HUD funds and Central Bank or its shareholders. Councilman Jim Penfold made comments regarding Mr. Towson's statement that recycling is mandatory, and reminded citizens that is not the case. He stated no one is required to recycle even though everyone has a recycling bin to use if they wish to do so. Councilman Dan Klindt stated he took offense at one of Mr. Steinman's statements that none of the current Council Members are "from Jefferson City" and indicated that although he was not born in Jefferson City, he has lived here over forty years and considers it his home. CONSENT AGENDA The following items were presented to the Council for their approval by Consent: Minutes of January 4, 2010, 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 JANUARY 19, 2010 6 BILLS INTRODUCED Bill 2009 -119, sponsored by Councilman Klindt, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARCHITECTS ALLIANCE, INC. FOR ANIMAL SHELTER DESIGN SERVICES. Councilman Ron Medin stated he is recusing himself from discussion and /or action on Bill 2009 -119 due to a conflict of interest. Bill 2009 -120, 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. Councilman Koon requested that the rules be suspended and Bill 2009 -120 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2009 -120 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 14630: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -121, sponsored by Councilmen Koon and Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A SUPPLEMENTAL PROGRAM AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR EXTENDING PEDESTRIAN AND BICYCLE FACILITIES TO ADRIAN'S ISLAND NATURE AREA AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. Bill 2009 -122, sponsored by Councilman Koon and Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2009 -2010 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BYAPPROPRIATING ADDITIONAL FUNDS WITHIN THE CAPITAL IMPROVEMENT SALES TAX FUND. Bill 2009 -123, sponsored by Councilman Koon and Penfold, entitled: REGULAR COUNCIL MEETING JANUARY 19, 2010 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH TRANSYSTEMS CORPORATION FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR ADRIAN'S ISLAND ACCESS. Bill 2009 -124, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 7, ARTICLE XI, OF THE CITY CODE PERTAINING TO THE USS JEFFERSON CITY SUBMARINE COMMITTEE REGARDING MEMBERSHIP OF THE COMMITTEE. Bill 2009 -125, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARING AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF OCTOBER 1, 2009 TO SEPTEMBER 30, 2010. Bill 2009 -126, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A REQUIRED SIDEWALK PLAN AS CALLED FOR IN SECTION 32 -103 OF THE CITY CODE. INFORMAL CALENDAR Bill 2009 -105, 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 EAST FRANKLIN STREET. Councilman Medin requested that Bill 2009 -105 remain on the Informal Calendar at this time. Councilman Dan Klindt requested that related Bills 2009 -110, 2009 -111, and 2009 -112 be removed from the Informal Calendar and placed on third reading and final passage at this time. Bill 2009 -110, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY REGULAR COUNCIL MEETING JANUARY 19, 2010 8 AUTHORIZING THE LIQUOR CONTROL BOARD TO ADOPT PROCEDURES FOR THEIR HEARINGS. Bill 2009 -110 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14626: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -111, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY MAKING PERSONS AND BUSINESSES WHO HAVE THEIR LIQUOR LICENSE REVOKED INELIGIBLE FOR NEW LICENSES. Bill 2009 -111 was read third time by title, placed on final passage and passed, following a lengthy discussion, by the following roll -call vote as Ordinance 14727: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Penfold, Pope, Scrivner Nay: Medin and Struemph Bill 2009 -112, sponsored by Councilman Klindt, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING LICENSING FOR NONINTOXICATING LIQUORS. Bill 2009 -112 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14628: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -116, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO TATTOOING. Councilwoman Carrie Carroll requested that Bill 2009 -116 be removed from the Informal Calendar and placed on third reading and final passage at this time. Several questions were asked and answered pertaining to Bill 2009 -116, and a lengthy discussion was held. A motion was made by Councilwoman Carrie Carroll to accept the substitute Bill 2009 -116 which was previously distributed to the Council, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, REGULAR COUNCIL MEETING JANUARY 19, 2010 9 and Struemph Nay: None Following discussion, a motion was made by Councilman Ron Medin to amend the Substitute Bill 2009 -116, seconded by Councilman Eric Struemph, pertaining to Sec. 15 -129, as follows, by adding language shown herein in bold: Sec. 15 -129 Body Art Establishment Fee. The permit fee for a body art establishment shall be 1`)/0 of all gross revenue collected for body art or $500, whichever is greater. The motion to amend was then approved unanimously by the following roll -call vote: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2009 -116 was then passed, as Substituted and Amended, by the following roll -call vote as Ord. 14629: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, and Struemph Nay: Pope and Scrivner Bill 2009 -117, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAMARITAN CENTER FOR ASSISTANCE FOR INDIGENT TRASH CUSTOMERS. Councilman Ron Medin requested that Bill 2009 -117 remain on the Informal Calendar at this time. SCHEDULED REPORTS Mayor John Landwehr stated that, due to the lateness of the hour, he has asked Assistant to the City Administrator Melva Fast to defer her report on the character trait "self- discipline" to the February 1 City Council meeting. NEW BUSINESS REGULAR COUNCIL MEETING JANUARY 19, 2010 10 No new business was 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 Council will go into Closed Session at this time to discuss the following: Personnel [Sec. 610.021.(3)] A motion was made by Councilman Rich Koon to go into closed session, seconded by Councilman Kenneth Ferguson, and approved unanimously by the following roll -call vote at 9:53 P.M.: Aye: Carroll, Ferguson, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None