Loading...
HomeMy Public PortalAbout20110705REGULAR COUNCIL MEETING JULY 5, 2011 1 CALL TO ORDER The Regular Council Meeting of July 5, 2011, was convened at 6:00 P.M. by Mayor Eric Struemph. ROLL CALL The following Council Members were present for the roll call: Present: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: Carroll A quorum was declared present. Mayor Struemph thanked Logan Roling and other members of Boy Scout Troop 6 from Immaculate Conception Church who led the Council in the Pledge of Allegiance tonight. He asked each member to introduce himself and tell the Council which merit badge they were working to achieve. MISCELLANEOUS AGENDA ITEMS There were no miscellaneous agenda items presented at this meeting. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. MINUTES AND REPORTS RECEIVED AND FILED Mayor Struemph announced that the following minutes and reports have been received and are on file for review in the City Clerk's office: CAMPO Board, April 18, 2011 Transportation & Traffic Commission, March 16, 2011 Cultural Arts Commission, May 24, 2011 REGULAR COUNCIL MEETING JULY 5, 2011 2 May, 2011 Finance Reports Police Personnel Board, May 12, 2011 Mayor Eric Struemph thanked all the citizens who give their time and efforts to serve on these boards and commissions. COUNCIL COMMITTEE REPORTS Administration Committee - Councilman Mike Harvey made a report in the absence of Chairwoman Carrie Carroll. He announced that the Committee will meet next on July 13 at 8:00 A.M. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on July 14 after the "Brown Bagel" work session. Public Safety Committee - Councilman Mike Harvey reported that next meeting will be held on July 28 immediately after the "Brown Bagel" work session. Public Works & Planning Committee - Councilman Bob Scrivner reported on the last meeting which was held on June 23 at 7:30 A.M. Ad Hoc Committees - There were no ad hoc committee reports given at this time. APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at tonight's meeting. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Proclamation declaring July as Parks and Recreation Month - the Proclamation was read, then presented, by Mayor Eric Struemph to Parks & Recreation Director Bill Lockwood. Ms. Linda McAnany and Mr. Bill Plank spoke on behalf of Citizens for Progress and urged voters to vote in favor of Proposition 1 on August 2 to extend the City's half -cent sales tax for another five years. Parks & Recreation Director Bill Lockwood presented City Coins to Jason Ratcliff and Kevin Wieberg of Oak Hills Golf Course and thanked them for their outstanding work improving the facility. REGULAR COUNCIL MEETING JULY 5, 2011 3 City Engineer Matt Morasch gave a brief report on the status of Missouri River Levels and explained how citizens can call if they would like to inquire about sandbags. Police Captain Bob Cynova gave an overhead visual report on the issue of the plan developed to update the City's outdoor warning siren system. Following his presentation, a motion was made by Councilman Mike Harvey that the Council direct staff to move forward on this issue by developing an RFP to send out to vendors, seconded by Councilman Dave Griffith, and approved unanimously by the following roll -call vote: Aye: Nay: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber None ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS There were no announcements made at this time. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Mike Bates and Mr. Duane Schreimann appeared regarding Bill 2011 -36, and requested that the applicants are requesting suspension of the rules as they are currently paying double interest until the easement is vacated. Following their presentation, Councilman Bob Scrivner moved that Bill 2011 -36 be moved up on the agenda and taken up at this time, seconded by Councilman Ralph Bray, and approved unanimously. Bill 2011 -36, sponsored by Councilman Scrivner, 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 ADJACENT LAND, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Councilman Bob Scrivner then requested that the rules be suspended and Bill 2011 -36 placed on final passage at this time. There were no objections to the request to suspend the rules. Bill 2011 -36 was then read second and third times by title, placed on final passage, and passed by the following roll -call vote as Ordinance 14821: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Mr. Chris Snell ofArthurJ. Gallagher made a presentation regarding Resolution RS2011 -13 REGULAR COUNCIL MEETING JULY 5, 2011 4 (authorizing broker for employee health benefits). He then answered questions asked by the Council. Mr. Dick Peerson, Mr. Lee Wilbers, and Mr. John Ruth made a joint presentation regarding Resolution RS201 1 -13, then answered questions asked by the Mayor and Council. Following the two presentations on Resolution RS2011 -13, the Council asked questions of Human Resources Director Gail Strope regarding the RFP process by which staff recommended Arthur J. Gallagher as the brokerage firm for health benefits. At the conclusion of questions, Mayor Eric Struemph announced that the Council had approved a motion to move Resolution RS2011 -13 up on the agenda to be considered at the conclusion of the presentations and announced it will be taken up at this time. RS2011 -13 Appointing Arthur J. Gallagher as Broker of Record for Employee Benefits (Koon) A motion was made by Councilman Rich Koon for adoption of RS2011 -13 as presented, seconded by Councilman Ralph Bray. A motion was then made by Councilman Dave Griffith to amend RS2011 -13 by substituting the firm of Wall Street Insurance instead of Arthur J. Gallagher. The motion to amend was seconded by Councilman Bob Weber. Following discussion, a motion was made by Councilman Bob Scrivner to table RS2011 -13, seconded by Councilman Bill Luebbert. Motion to table was defeated by voice vote. At the conclusion of discussion on the motion to amend, Mayor Eric Struemph asked that the Council bring forward a specific "local preference policy" which will clarify its position to both bidders and staff on the issue to avoid similar situations in the future. The motion to amend was then passed with Councilmen Koon and Scrivner voting "Nay." RS2011 -13 was then adopted, as amended, by the following roll -call vote: Aye: Bray, Griffith, Harvey, Luebbert, Pope, Schulte, and Weber Nay: Koon and Scrivner RECESS Mayor Eric Struemph called for a ten - minute recess at this point (8:00 P.M.) RECONVENE REGULAR COUNCIL MEETING JULY 5, 2011 5 The following Council Members were present when the meeting reconvened at 8:12 P.M.: Present: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: Carroll CONSENT AGENDA Minutes of June 16 and June 20, 2011 City Council Meetings - A motion was made by Councilman Mike Harvey to approve the Consent Agenda as presented, seconded by Councilman Rich Koon, and approved unanimously. BIDS OVER $25,000 Bid 2554 — Skid Steer Loader, Parking Division (sent to Council 6 -27). Staff answered several questions regarding the issue of the equipment previously declared surplus which is being transferred to Parks and Recreation Department, a motion was made by Councilman Bob Scrivner to approve the bid as presented, seconded by Councilman Rich Koon, and approved unanimously. BILLS INTRODUCED Bill 2011 -35, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO THE JEFFERSON CITY POLICE DEPARTMENT AMENDING THE 2010 -2011 ANNUAL BUDGET WITHIN THE GENERAL FUND. Bill 2011 -37, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (0), (PARKING TIME LIMIT ZONES), SUBPARAGRAPH (F), TIME ZONE F, OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF LAFAYETTE STREET. Bill 2011 -38, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE H, (YIELD SIGNS), REGULAR COUNCIL MEETING JULY 5, 2011 6 SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE DELETION OF SKYVIEW DRIVE AT EASTWOOD DRIVE. Bill 2011 -39, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2010 -2011 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE 1/2 CENT CAPITAL IMPROVEMENT SALES TAX FUNDS D AND E, AND THE GENERAL FUND. Bill 2011 -40, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JC INDUSTRIES FOR THE JEFFERSON CITY ANIMAL SHELTER. Bill 2011 -41, sponsored by Councilman Schulte, 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 HIGHWAYANDTRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. BILLS PENDING Bill 2011 -26, sponsored by Councilman Harvey, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CLARIFYING THAT GROUND EFFECT LIGHTING ON CARS IS PROHIBITED. Bill 2011 -26 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14813: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -27, sponsored by Councilman Koon, entitled: AN ORDINANCE AMENDING THE 2010 -2011 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. REGULAR COUNCIL MEETING JULY 5, 2011 7 Bill 2011 -27 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14814: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -28, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2010 -2011 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2011 -28 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14815: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -30, sponsored by Councilman Harvey, entitled: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ANIMALS. Bill 2011 -30 was read third time by title and placed on final passage. Interim Community Development Director Charles Lansford pointed out the information in the substitute bill summary which has been distributed. He stated that the new information clarifies that the funding will also be transferred to the Police Department at the same time that the oversight of the Animal Control Division is transferred. Bill 2011 -30 was then passed by the following roll -call vote as Ordinance 14816: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -31, sponsored by Councilman Koon, entitled: AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR UNILEVER SUPPLY CHAIN, INC. IN CONNECTION WITH THE PROPOSED ISSUANCE BY THE CITY OF JEFFERSON, MISSOURI, OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 TO FINANCE THE COSTS OF SUCH PROJECT. Bill 2011 -31 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14817: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING JULY 5, 2011 8 Bill 2011 -32, sponsored by Councilman Scrivner, entitled AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION INC., FOR THE MONROE STREET AND CAPITOL AVENUE STORMWATER IMPROVEMENTS PROJECT. Bill 2011 -32 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14818: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -33, sponsored by Councilman Scrivner, co- sponsored by Councilmen Griffith and Pope, entitled: AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING AND SIGNS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ON- PREMISE SIGNS. Bill 2011 -33 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14819: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -34, sponsored by Councilman Koon, entitled: AN ORDINANCE AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (UNILEVER SUPPLY CHAIN, INC. PROJECT), SERIES 2011, IN A PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 TO PAY THE COSTS OF A PROJECT FOR UNILEVER SUPPLY CHAIN, INC., A DELAWARE CORPORATION, THAT WILL INCLUDE THE ACQUISITION AND INSTALLATION OF NEW PACKAGING LINES AND PROCESSING EQUIPMENT AT, AND THE RELOCATION OF EXISTING OUT -OF -STATE COMPANY ASSETS TO, THE EXISTING PLANT LOCATED IN THE CITY; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Bill 2011 -34 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14820: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None RESOLUTIONS REGULAR COUNCIL MEETING JULY 5, 2011 9 RS2011 -12 Appointing McGriff, Seibels & Williams of Missouri, Inc., as Broker of Record for Property and Liability Insurance Coverages (Koon) A motion was made by Councilman Bob Scrivner for adoption of RS2011 -12 as presented, seconded by Councilman Mike Harvey. Councilman Bob Weber suggested that the City check into what would be the difference in cost to insure City facilities for full replacement rather than appraised value. Human Resources Director Gail Strope stated she would look into that. The motion for adoption was then approved unanimously by the following roll -call vote: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None RS2011 -14 Authorizing Police to Apply for COPS Grant (Harvey) A motion was made by Councilman Mike Harvey for adoption of RS2011 -14 as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Bray, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Jan Kruse made a presentation stating her opposition to the business called "Cirilla's" which, in her opinion, sells pornography. Ms. Julie Ruengert also made a statement opposing the business referred to by Ms. Kruse. Mr. Roy Viessman presented his reasons for opposing the existence of Cirilla's and any other similar businesses in the City. REGULAR COUNCIL MEETING JULY 5, 2011 10 COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY City Counselor Nathan Nickolaus was asked to clarify whether the City could amend the ordinance pertaining to "adult businesses" which would regulate the business referred to in the immediately preceding presentations. He explained how the courts have ruled in the past dealing with such issues. He stated that our City's ordinance is written as "tightly" as an ordinance could be without violating federal freedom of speech laws, and that the danger in making our ordinance more restrictive would be that the whole ordinance might get struck down by the Courts, leaving the City with no authority to regulate such businesses in any manner, even the ones we currently have in place. *Councilman Rich Koon informed the City Clerk he needed to leave the meeting at this time (9:42 P.M.) while Mr. Nickolaus was making the above comments. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. ADJOURNMENT A motion for adjournment was made by Councilman Mike Harvey, seconded by Councilman Bob Scrivner, and approved unanimously at 9:45 P.M.