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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.