HomeMy Public PortalAbout20110919REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 1
CALL TO ORDER
The Regular Council Meeting of September 19, 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, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Absent: None
A quorum was declared present.
MISCELLANEOUS AGENDA ITEMS
Mayor Struemph stated he has asked Communications Manager Michelle Gleba to read the
following proclamation for him as he is having trouble speaking tonight.
(a) Proclamation for "Columbia College Day" — Becky Gordon - Bocklage
Following the reading of the proclamation, Mayor Eric Struemph presented the proclamation
to Ms. Gordon - Bocklage and congratulated her on behalf of Columbia College. Ms.
Gordon - Bocklage made brief comments regarding the status of Columbia College's campus
in Jefferson City.
PUBLIC HEARINGS
(a) Rezoning 3.61 Acres of Land at 1241 W. Stadium Boulevard from RS -2 to PUD
Following a staff presentation by Janice McMillan, she answered questions asked by Council
Members. At the conclusion of the staff presentation, the following persons came forward
to testify in the public hearing:
In favor:
Mr. Lyle Rosburg, JCMG, briefly explained the expansion project and urged the Council to
approve the rezoning to accommodate the expansion.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 2
Mr. Brian McMillan, CMPS, explained details of the project and answered questions asked
by the Council.
Mr. Leonard Steinman stated he is in favor of the rezoning.
No one came forward in opposition to the proposed rezoning.
Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and
stated the Council will now take up the associated pending bill.
Bill 2011 -64, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF
JEFFERSON, BY REZONING 3.61 ACRES OF LAND ADDRESSED AS 1241 WEST
STADIUM BOULEVARD FROM RS -2 LOW DENSITY RESIDENTIAL TO PUD PLANNED
UNIT DEVELOPMENT, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI.
Bill 2011 -64 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14848:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
(b) Amending Preliminary PUD Plan for 1241 W. Stadium Boulevard
Following a staff presentation by Janice McMillan, she answered questions asked by Council
Members regarding the issue of sidewalk deferrals. At the conclusion of the staff
presentation, no one came forward to testify in the public hearing.
Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and
stated the Council will now take up the associated pending bill.
Bill 2011 -65, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED
PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 1241 WEST STADIUM
BOULEVARD; DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION
14, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 3
Bill 2011 -65 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14849:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
(c) Rezoning 1.93 Acres at 1247 W. Stadium Boulevard from RS -2 to C -O
Following a staff presentation by Janice McMillan, no one came forward to testify in the
public hearing.
Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and
stated the Council will now take up the associated pending bill.
Bill 2011 -66, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF
JEFFERSON, BY REZONING 1.93 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO
C -O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 1247 WEST STADIUM
BOULEVARD, DESCRIBED AS PART OF THE NORTHWEST CORNER OF SECTION 14
TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2011 -66 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14850:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
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:
1. USS Jefferson City Submarine Committee, May 24, 2011
2. Public Works & Planning Committee, June 23, 2011
3. Planning & Zoning Commission Work Session and Regular Meeting, August 11, 2011
4. CAMPO Technical Committee, August 4, 2011
5. Housing Authority Board of Commissioners, July 19, 2011
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 4
6. Board of Adjustment, August 9, 2011
7. Historic Preservation Commission, August 9, 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 - Councilwoman Carrie Carroll announced the issues which had
been discussed at the Committee's September 14 meeting.
Finance Committee - Councilman Rich Koon announced that the last meeting was held on
September 15 and briefly mentioned the items that were discussed at that meeting.
Public Safety Committee - Councilman Mike Harvey reported that next meeting will be held
on September 29 immediately after the "Brown Bagel" work session.
Public Works & Planning Committee - Councilman Bob Scrivner reported that the next
meeting will be held on September 22 at 7:30 A.M.
Other Committee and Liaison Reports - There were no other reports given at this time.
APPOINTMENTS BY THE MAYOR
Mayor Eric Struemph recommended the following appointments to City boards and
commissions for Council approval:
BOARD OR COMMISSION APPOINTEE EXPIRES STATUS
Board of Adjustment: Wilma Partee Sept 2016 Full
Andrew Haake (alt) Sept 2012 Full
Glenn Bonner (alt) Sept 2012 Full
Katy Lacy (alt) Sept 2012 Full
Police Personnel Kelly Dillon
Historic Preservation Ed Meyers
July 2014 Full
Dec 2012 Partial
A motion was made by Councilman Shawn Schulte for approval of the appointments as presented,
seconded by Councilman Dave Griffith, and approved unanimously.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 5
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
Councilman Bryan Pope introduced Mr. Paul Rudder of the Capital City Sailing Association
who presented the City with the "Deed of Gift for the Mayor's Cup." He then announced the
winner of the 2nd annual "Mayor's Cup Regatta" event which was held on September 17 this
year, and presented the Cup to the winner, Leszek Vincent and Muriel Vincent. Mr. Vincent
accepted the Cup from Mayor Struemph.
Mr. J. J. Gates, Parks and Recreation Department, made an announcement about the
upcoming Wears Creek Community Clean -Up event which will occur on October 1.
Mr. Gates also announced that the Missouri River Relief Clean -Up Activities will also occur
on October 1. He encouraged anyone interested in participating in either event to contact
the Parks and Recreation Department for more information.
ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS
Councilman Bryan Pope announced that the vintage Ford Tri -Motor Airplane is at the City's
airport for fly -overs for the next few days.
Interim City Administrator Nathan Nickolaus announced that the City Council will hold its
regular monthly Work Session on Monday, September 26, and the topics discussed will be
a legislative update presented by Mr. Tom Rackers, and a presentation by Randy Allen of
Transformation issues.
Councilman Rich Koon announced that Octoberfest will be held by the Old Munichberg
Association next Saturday, September 24.
Councilwoman Carrie Carroll announced that raffle tickets are available for a fund raiser
being sponsored by the Police Department to help two law enforcement colleagues with
health expenses and encouraged the Council to help by purchasing raffle tickets.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
Mr. Leonard Steinman made a presentation regarding Resolution RS2011 -21 pertaining
to Walgreens Pharmacies inclusion in the United Healthcare insurance network.
CONSENT AGENDA
The following items were brought before the Council for approval by consent:
(a) Minutes of September 1 and September 6, 2011 City Council Meetings
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 6
(b) Minutes of 2011 Council Budget Workshops: August 22, 24 and 30, 2011;
September 1 and 8, 2011
A motion was made by Councilman Dave Griffith for approval of the Consent Agenda as
presented, seconded by Councilman Bill Luebbert, and approved unanimously.
BILLS INTRODUCED
Bill 2011 -73, sponsored by Councilman Carroll, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY
AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2012.
Bill 2011 -74, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN
CONSTRUCTION CORP. FOR THE EAST MCCARTY STREET REBUILD - PHASE II PROJECT.
Bill 2011 -75, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PECKHAM AND
WRIGHT ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES FOR EXISTING FIRE
STATION IMPROVEMENT PROJECT - PHASE III.
Bill 2011 -76, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH PECKHAM AND WRIGHT ARCHITECTS,
INC., FOR ARCHITECTURAL SERVICES FOR NEW FIRE STATION NO. 3 - PHASE IV
Bill 2011 -77, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF
JEFFERSON, BY REZONING 11.3 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO
C -2 GENERAL COMMERCIAL, FOR LAND ADDRESSED AS 2033 CHRISTY DRIVE AND 2117
CHRISTY DRIVE, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY,
COLE COUNTY, MISSOURI.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 7
Bill 2011 -78, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED
FINAL PUD PLAN FOR PROPERTY ADDRESSED AS 3515 AMAZONAS DRIVE, 210 EL
MERCADO PLAZA, AND 216 EL MERCADO PLAZA; DESCRIBED AS PART OF THE
SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 WEST,
AND PART OF LOT 6 OF EL MERCADO DEVELOPMENT, SECTION ONE, JEFFERSON
CITY, COLE COUNTY, MISSOURI.
Bill 2011 -79, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5
OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED
BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 14725.
BILLS PENDING
Mayor Eric Struemph turned the Chair over to President Pro Tempore Dave Griffith
before Bill 2011 -60 was brought forward as he has recused himself on this issue.
Bill 2011 -60, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EXCEL ENERGY
GROUP FOR THE ENERGY EFFICIENT LIGHTING UPGRADE PROJECT FOR CITY
HALL, CENTRAL MAINTENANCE BUILDING, AND THE POLICE DEPARTMENT
BUILDING.
Bill 2011 -60 was read third time by title and placed on final passage. A motion was made
by Councilman Bob Weber to accept the substitute Bill 2011 -60 which was previously
distributed to the Council, seconded by Councilwoman Carrie Carroll, and approved
unanimously. Councilman Weber explained that the substitute awards the bid to the
second high bidder, Van Loo Electric, Inc., a local company, and stated his reasons for
proposing the substitute.
Bill 2011 -60 was then passed, as substituted, by the following roll -call vote as Ordinance
14845:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 8
and Weber
Nay: None
Mayor Eric Struemph resumed the Chair at this time.
Bill 2011 -61, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
PORTIONS OF AN EASEMENT LOCATED ACROSS LOT "H" AND LOT "I" OF EWERS
SUBDIVISION IN THE CITY OF JEFFERSON, MISSOURI.
Bill 2011 -61 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14846:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -62, sponsored by Councilman Carroll, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
BY INCREASING THE MEMBERSHIP OF THE ANNEXATION COMMITTEE TO
INCLUDE ALL TEN CITY COUNCIL MEMBERS.
Bill 2011 -62 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14847:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -67, 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 -67 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 14848:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 9
Bill 2011 -68, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID
PROPERTY.
Bill 2011 -68 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14849:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -69, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JONES POTTER LLC
FOR THE MCCARTY STREET, HIGH STREET, AND MAIN STREET SIDEWALK REPAIR
PROJECT.
Bill 2011 -69 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14853:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -70, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARTLETT
AND WEST ENGINEERS FOR DESIGN OF FROG HOLLOW ROAD AND BRIDGES
PROJECT.
Bill 2011 -70 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14854:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -71, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH CERINI INVESTMENTS, INC.,
FOR SPACE WITHIN THE TERMINAL BUILDING AT THE JEFFERSON CITY MEMORIAL
AIRPORT.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 10
Bill 2011 -71 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14855:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Bill 2011 -72, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH NICK'S FAMILY RESTAURANT,
INC., FOR SPACE WITHIN THE TERMINAL BUILDING AT THE JEFFERSON CITY
MEMORIAL AIRPORT.
Bill 2011 -72 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14856:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
INFORMAL CALENDAR
Bill 2011 -55, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH KEN KAUFFMAN AND
SONS EXCAVATING TO CONSTRUCT THE MOREAU VIEW ROAD SANITARY SEWER
EXTENSION PROJECT.
Councilman Scrivner requested that Bill 2011 -55 remain on the Informal Calendar at this
time.
Bill 2011 -57, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET
AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 2011, TO OCTOBER 31, 2012, AND APPROPRIATING MONEY IN THE
CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT
DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Councilman Koon requested that Bill 2011 -57 remain on the Informal Calendar at this time.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 11
RESOLUTIONS
RS2011 -20 Authorizing An Agreement With Delta Dental For Group Dental Insurance
(Koon)
A motion was made by Councilman Mike Harvey for adoption of RS2011 -20 as presented,
seconded by Councilman Rich Koon, and approved unanimously by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
RS2011 -21 Authorizing An Agreement With United Healthcare For Group Health
Insurance (Koon)
A motion was made by Councilman Rich Koon for adoption of RS2011 -21 as presented,
seconded by Councilman Bill Luebbert, and approved unanimously by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
Human Resources Director Gail Strope was asked questions regarding the statements
previously made by Mr. Steinman regarding this issue. She stated that she had received no
information regarding the issue concerning Walgreens as brought up by Mr. Steinman.
RS2011 -22 Authorizing City's Participation in Interlocal Agreement for 2011 Byrne Justice
Assistance (JAG) Program Award (Harvey)
A motion was made by Councilman Mike Harvey for adoption of RS2011 -20 as presented,
seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner,
and Weber
Nay: None
SCHEDULED REPORTS
There were no reports scheduled for this time.
REGULAR COUNCIL MEETING SEPTEMBER 19, 2011 12
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
Mr. Leonard Steinman made comments regarding recent outbreaks of E. coli in the U.S.
COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY
The following staff and Council Members responded to the presentation made by Mr.
Steinman on E. Coli:
Councilman Bryan Pope stated he would share a report with the Council that will show E.
coli cannot be passed to humans through corn, as stated by Mr. Steinman;
Interim City Administrator Nathan Nickolaus stated that City does not spread raw human
waste and stated that the comments made by Mr. Steinman were completely false;
Councilman Bob Scrivner stated not only does the City treat the sewage which goes through
the wastewater treatment plant, but it also disinfects it, as required by new federal
regulations.
Councilman Bill Luebbert stated that sewage of any kind is heavily regulated by both state
and federal agencies, and if the City were harming the public in any way as claimed by Mr.
Steinman, they would be answerable to those agencies.
Mayor Eric Struemph recommended that members of the public who make statements at
City Council meetings need to ensure that the information they are presenting is correct.
NEW BUSINESS
Councilman Dave Griffith commended JCMG for their efforts to attract new medical
professionals to the City.
UNFINISHED BUSINESS
There was no unfinished business brought forward.
ADJOURNMENT
A motion to adjourn was made by Councilman Bob Scrivner, seconded by Councilman Rich
Koon, and approved unanimously at 7:40 P.M.