HomeMy Public PortalAbout20111017REGULAR COUNCIL MEETING OCTOBER 17, 2011 1
CALL TO ORDER
The Regular Council Meeting of October 17, 2011, was convened at 6:00 P.M. by President
Pro Tempore Dave Griffith in the absence of Mayor Eric Struemph.
ROLL CALL
The following Council Members were present for the roll call:
Present: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Absent: Scrivner
A quorum was declared present.
MISCELLANEOUS AGENDA ITEMS
President Pro Tempore Dave Griffith announced that the proclamation appearing on
tonight's agenda has been postponed until the next meeting as the recipient could not be
here tonight.
MINUTES AND REPORTS RECEIVED AND FILED
President Pro Tempore Dave Griffith 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, September 7, 2011
2. Board of Electrical Examiners and Review, June 8, 2011
3. Board of Adjustment, September 13, 2011
4. Financial Reports for August, 2011
5. Historic Preservation Commission, September 13, 2011
President Pro Tempore Dave Griffith thanked all the citizens who give their time and efforts
to serve on these boards and commissions.
COUNCIL COMMITTEE REPORTS
REGULAR COUNCIL MEETING OCTOBER 17, 2011 2
Administration Committee - Councilwoman Carrie Carroll announced that the next meeting
will be held on Wednesday, November 9, at 8:00 A.M.
Finance Committee - Councilman Rich Koon announced that the next meeting will be held
on Thursday, November 17, immediately following the "Brown Bagel" work session.
Public Safety Committee - Councilman Mike Harvey announced that next meeting will be
held on Thursday, November 3, immediately after the "Brown Bagel" work session.
Public Works & Planning Committee - Councilman Bob Weber, Vice- Chairman,
announced that the next meeting will be held on Thursday, October 20, at 7:30 A.M.
Other Committee and Liaison Reports - There were no other reports given at this time.
APPOINTMENTS BY THE MAYOR
The following appointments were recommended for Council approval at this time:
1. City Boards and Commission Appointment:
A. Environmental Quality Commission — Gary Wheeler (Partial Term to expire
Nov. 2012)
A motion was made by Councilman Ralph Bray for approval of the appointment as recommended,
seconded by Councilman Rich Koon, and approved unanimously.
2. Police Department Appointment:
A. Communications Operator — Heather Reven
Following introduction of the candidate to the Council by Lt. Dave Williams on behalf of
Chief Roger Schroeder, a motion was made by Councilman Mike Harvey to approve the
appointment as recommended, seconded by Councilman Rich Koon, and approved
unanimously. President Pro Tempore Dave Griffith welcomed Ms. Reven to the Police
Department.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
There were no presentations scheduled at this time.
ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS
Interim City Administrator Nathan Nickolaus announced that a Special Council Meeting will
be held on Monday, October 24, in the City Council Chambers, and will be televised by
JCTV. The Council will discuss potential sites for the Conference Center.
REGULAR COUNCIL MEETING OCTOBER 17, 2011 3
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
2011 -88 (downtown residential parking permits)
Mr. Mark Mercurio made a presentation stating his opposition to Bill 2011 -88 as currently
proposed as he believes it would negatively impact businesses in the downtown area. He
would like for more discussion to occur on this issue which would involve business owners.
Mr. Mark Mehmert, Chamber of Commerce, stated he is in favor of Bill 2011 -88 and gave
his reasons for believing it would be a positive economic impact on the downtown area.
2011 -89 (placing Economic Development tax issue on February ballot)
Mr. Michael Brownstein made comments regarding Bill 2011 -89, specifically the item on
the proposed list of projects entitled "Eastside Entertainment District." He would like those
items to be presented individually rather than as a blanket list to allow for some to be
removed from the list.
Mr. Randy Allen, Chamber of Commerce, introduced the following persons who spoke in
favor of Bill 2011 -89: Mr. Ken Hussey and Mr. Phil Freeman, who each made brief
comments urging the Council to place the issue before the voters on the February 7 ballot.
CONSENT AGENDA
The following items were brought before the Council for approval by consent:
A. Minutes of September 26, September 29, and October 3, 2011 City Council Meetings
B. Authorizing Renewal (Year Two) of Contract with Toebben Enterprises, LLC, for
Transportation of Recyclable Materials
C. Authorizing Renewal (Year Two) of Contract with Allied Waste for Transportation of
Recyclable Glass Within the City
D. Authorizing Renewal (Year Two) of Contract with Ripple Glass for Transportation of
Recyclable Glass Between Jefferson City and Kansas City
A motion was made by Councilman Shawn Schulte for approval of the Consent Agenda as
presented, seconded by Councilwoman Carrie Carroll, and approved unanimously.
BILLS INTRODUCED
REGULAR COUNCIL MEETING OCTOBER 17, 2011 4
Bill 2011 -86, sponsored by Councilman Harvey, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY
CREATING SPECIFIC CRITERIA TO ALLOW STREET CLOSURES.
Bill 2011 -87, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SPRINGBROOK
SOFTWARE, INC., FOR ONLINE BILL PAYING SOFTWARE.
Bill 2011 -88, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY
CREATING A DOWNTOWN RESIDENTIAL PERMIT PARKING PROGRAM.
A lengthy discussion was held regarding the issue, as well as the suggestion that the City
hold a public hearing during a time when downtown businesses could attend and provide
input on the issue. At the conclusion of the discussion, a motion was made by Councilman
Rich Koon to place the bill on the Informal Calendar, seconded by Councilman Ralph Bray.
Interim City Administrator Nathan Nickolaus reminded the Council that the bill is only being
introduced tonight rather than appearing for any action, and that placing it on the Informal
Calendar at introduction shortens a bill's life by two weeks. Councilman Rich Koon withdrew
his motion.
Bill 2011 -89, sponsored by Councilman Griffith, Co- Sponsored by Councilwoman Carrie
Carroll and Councilman Bob Weber, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE SALES
TAX FOR ECONOMIC DEVELOPMENT AT A RATE OF ONE -HALF OF ONE PERCENT
AND PROVIDING FOR THE COLLECTION AND USE THEREOF, PROVIDING FOR THE
SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY, FOR
THEIR APPROVAL AT THE ELECTION TO BE HELD ON FEBRUARY 7, 2012, AND
AMENDING THE CODE OF THE CITY OF JEFFERSON BY ASSIGNING TO THE
ECONOMIC DEVELOPMENT TAX BOARD THE DUTIES OF THE TIF COMMISSION AND
THE LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY.
Councilman Dave Griffith stated that a substitute bill has been distributed. No action was
taken to accept the substitute at this time. A lengthy discussion was held on this issue.
Interim City Administrator Nathan Nickolaus stated the bill could potentially continue to be
amended before it is voted on in its final format, and indicated that a version of the bill
provided to him by members of the public for amendments was not the actual bill distributed
to the Council.
Bill 2011 -90, sponsored by Councilman Koon, entitled:
REGULAR COUNCIL MEETING OCTOBER 17, 2011 5
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-
401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (0), (PARKING TIME LIMIT
ZONES), SUBPARAGRAPH (E), TIME ZONE E, OF THE CODE OF THE CITY OF
JEFFERSON, BY MODIFYING A PORTION OF EAST MILLER STREET.
Bill 2011 -91, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (S), (LOADING ZONES),
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION
OF A PORTION OF EAST MILLER STREET.
Bill 2011 -92, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-
401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (S), (LOADING ZONES),
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION
OF A PORTION OF BROADWAY STREET.
Bill 2011 -93, sponsored by Councilman Griffith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN
TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2011,
TO OCTOBER 31, 2012, REFLECTING FUNDS AS APPROVED IN THE FY 2012 UNIFIED
PLANNING WORK PROGRAM.
Bill 2011 -94, sponsored by Councilman Griffith, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HDR ENGINEERING,
INC., FOR TRAVEL DEMAND MODELING.
Bill 2011 -95, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFORMATION
TECHNOLOGIES, INC (ITI) FOR SOFTWARE UPGRADES /MODIFICATIONS FOR THE
CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM.
Bill 2011 -96, sponsored by Councilman Scrivner, entitled:
REGULAR COUNCIL MEETING OCTOBER 17, 2011 6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF SPRUCE STREET RIGHT OF WAY.
Councilman Ralph Bray made a motion to suspend the rules and place Bill 2011 -96 on final
passage at this time. The motion was seconded by Councilman Bob Weber, and approved
unanimously.
Bill 2011 -96 was read second and third times by title, placed on final passage and passed
by the following roll -call vote as Ordinance 14870:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
BILLS PENDING
Bill 2011 -80, sponsored by Councilman Harvey, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OZARK HARLEY
DAVIDSON, INC., FOR LEASE OF HARLEY DAVIDSON, MODEL FLHP, POLICE
MOTORCYCLES.
Bill 2011 -80 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14864:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
Bill 2011 -81, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8
OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING A NEW
SECTION FOR BUILDING PERMIT FEES FOR MISCELLANEOUS PROJECTS.
Bill 2011 -81 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14865:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
Bill 2011 -82, sponsored by Councilman Koon, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE TO ALLOW FOR ADMINISTRATIVE DISPOSITION OF MINOR FINANCIAL
TRANSACTIONS.
REGULAR COUNCIL MEETING OCTOBER 17, 2011 7
Bill 2011 -82 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14866:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
Bill 2011 -83, sponsored by Councilman Carroll, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE BY
OPTING OUT OF THE STATUTORY PROVISIONS ROLLING BACK UTILITY TAXES.
Bill 2011 -83 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14867:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
Bill 2011 -84, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE
FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR
TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT.
Bill 2011 -84 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14868:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
Bill 2011 -85, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING
PORTIONS OF AN EASEMENT LOCATED IN BLOCK 4 OF SUNSET PLACE ADDITION
SUBDIVISION.
Bill 2011 -85 was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 14869:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Weber
Nay: None
REGULAR COUNCIL MEETING OCTOBER 17, 2011 8
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.
As this bill was not removed from the Informal Calendar, it dies at this time.
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.
Councilman Mike Harvey stated he is removing Bill 2011 -76 from the Informal Calendar at
this time. Bill 2011 -76 was read third time by title and placed on final passage.
A motion was made by Councilman Ralph Bray to amend Bill 2011 -76 by substituting
"Architects Alliance" in lieu of "Peckham and Wright" as the firm chosen to perform the
project, and explained his reasons for proposing the amendment. The motion was seconded
by Councilman Bob Weber who also made comments regarding his support of the
amendment. Following a lengthy discussion, the motion to amend was approved by the
following roll -call vote:
Aye: Bray, Carroll, Griffith, Luebbert, Pope, and Weber
Nay: Harvey and Koon
Abstain: Schulte
Following further discussion, Councilman Mike Harvey stated he is placing Bill 2011 -76, as
amended, back on the Informal Calendar at this time.
RESOLUTIONS
RS2011 -24 Authorizing Opening an Account for Online Bill Paying
A motion was made by Councilman Mike Harvey for adoption of RS2011 -24 as presented,
seconded by Councilman Shawn Schulte, and approved unanimously, by the following
roll -call vote:
REGULAR COUNCIL MEETING OCTOBER 17, 2011 9
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Nay: None
RS2011 -25 Authorizing Liability Insurance Coverage with OneBeacon America Insurance
Company
A motion was made by Councilman Bryan Pope for adoption of RS2011 -25 as presented,
seconded by Councilman Ralph Bray, and approved unanimously, by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Nay: None
RS2011 -26 Accepting Broadway Street Neighborhood Improvement Program
A motion was made by Councilman Ralph Bray for adoption of RS2011 -26 as presented,
seconded by Councilman Mike Harvey, and approved unanimously, by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Nay: None
RS2011 -27 Accepting Vineyard Square Neighborhood Improvement Program
A motion was made by Councilman Ralph Bray for adoption of RS2011 -27 as presented,
seconded by Councilman Mike Harvey, and approved unanimously, by the following roll -call
vote:
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Nay: None
RS2011 -28 Rejecting Lee Street Neighborhood Improvement Program
A motion was made by Councilman Ralph Bray for adoption of RS2011 -28 as presented,
seconded by Councilman Mike Harvey, and approved unanimously, by the following roll -call
vote:
REGULAR COUNCIL MEETING OCTOBER 17, 2011 10
Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and
Weber
Nay: None
RS2011 -29 Authorizing Property Insurance Coverage with Commonwealth Insurance
Company Insurance Company
A motion was made by Councilman Bryan Pope for adoption of RS2011 -29 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, and
Weber
Nay: None
SCHEDULED REPORTS
There were no reports scheduled for this time.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
Mr. Michael Brownstein made a presentation regarding noise and littering in the
neighborhood where he lives resulting from certain businesses located there. He stated that
a formal complaint had recently been signed by some of the neighbors in the area.
COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY
Councilman Rich Koon asked Interim City Counselor Drew Hilpert if there were issues with
legality of the method by which the City Council just amended Bill 2011 -76 by substituting
one firm over another firm. Mr. Hilpert stated he understands it is the Council's final decision
regarding choosing a firm they deem most qualified.
Councilman Bryan Pope stated his opinion regarding the problem with noise which Mr.
Brownstein spoke about and that he believes the residents in that neighborhood should be
REGULAR COUNCIL MEETING OCTOBER 17, 2011 11
allowed to live without dealing with the issues brought up by Mr. Brownstein.
Interim City Administrator Nathan Nickolaus noted that some of the statements made by Mr.
Brownstein were not completely accurate, and that they cast aspersions against our City's
Police Department. Councilman Pope stated his comments were not intended in any way
to place the Police in a negative light, but rather that he believes if the law is being violated,
there should be consequences.
Councilman Ralph Bray stated that the issue brought up by Mr. Brownstein has already
been scheduled to appear in Municipal Court on November 16.
NEW BUSINESS
Councilwoman Carrie Carroll asked Fire Chief Robert Rennick to make an announcement
regarding the impending open burning season. Chief Rennick stated the season will begin
on November 15 and run through March 15 and provided details regarding burning during
that time, as well as the location where citizens can drop off yard waste free of charge during
other times.
Councilwoman Carrie Carroll announced that Officer Chuck Walker was selected as this
year's Exceptional Employee of the Year on October 6 at the Business Expo sponsored by
the Chamber of Commerce. She congratulated Officer Walker and stated how proud she
is of him.
UNFINISHED BUSINESS
There was no unfinished business brought forward.
ADJOURNMENT
A motion to adjourn was made by Councilman Bryan Pope, seconded by Councilman
Shawn Schulte, and approved unanimously at 7:53 P.M.