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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.