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.