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HomeMy Public PortalAbout20111107REGULAR COUNCIL MEETING NOVEMBER 7, 2011 1 CALL TO ORDER The Regular Council Meeting of November 7, 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 There were no miscellaneous items brought forward. MINUTES AND REPORTS RECEIVED AND FILED Mayor Eric Struemph announced that the following minutes and reports have been received and are on file for review in the City Clerk's office: Cultural Arts Commission, July 19, 2011 Housing Authority Board of Commissioners, September 20, 2011 CAMPO Board of Directors, September 21, 2011 Planning & Zoning Commission, September 8, 2011 Public Safety Committee, July 28, 2011 Public Works & Planning Committee, September 22, 2011 Parks & Recreation Commission, September 13, 2011 Board of Adjustment, September 13, 2011 Plumbing Board of Examiners and Review, February 23, 2011 Electrical Board of Examiners and Review, October 5, 2011 Environmental Quality Commission, August 25, 2011 REGULAR COUNCIL MEETING NOVEMBER 7, 2011 2 September, 2011 Finance Reports Mayor Struemph thanked all the citizens who give their time and efforts to serve on City boards and commissions. COUNCIL COMMITTEE REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting will be held on Wednesday, November 9, at 8:00 A.M. Annexation Committee - Councilman Bob Scrivner announced that the first meeting was held on November 3 at which he was elected Chairman, and that the next meeting will be held on Thursday, December 8 immediately following the Brown Bagel work session. 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, December 1 immediately after the "Brown Bagel" work session. Public Works & Planning Committee - Councilman Bob Scrivner announced that the November 17 meeting was canceled and rescheduled to be held on Friday, December 9, at 7:30 A.M. Other Committee and Liaison Reports - There were no other reports given at this time. APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Steve Picker, CVB, made a brief presentation regarding the 2012 CVB budget and offered to answer any questions the Council may have. He reported that the Prison Tours will end on November 30 and start again next March. Councilman Rich Koon made a motion at this time to amend the agenda to move up Resolution RS20110 -30 for consideration at this time, seconded by Councilman Shawn Schulte, and approved unanimously. RS2011 -30 Approving 2012 CVB Budget A motion was made by Councilman Rich Koon for adoption of RS2011 -30 as presented, REGULAR COUNCIL MEETING NOVEMBER 7, 2011 3 seconded by Councilman Mike Harvey, and approved unanimously, by the following roll -call vote: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS No announcements were made at this time. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS 2011 -89 (placing Economic Development tax issue on February ballot): Mr. Phil Freeman and Mr. Ken Hussey made a presentation asking the Council to pass Bill 2011 -89 to allow voters to vote on this sales tax issue. Mr. Randy Allen made a presentations updating the Council on the numerous Memoranda of Understanding regarding the Transformation Sales Tax issue. Mr. Randy Scherr stated he is also in support of Bill 2011 -89. Mr. Marc Ellinger, Cole County Presiding Commissioner, stated that he supports Bill 2011 -89. Mr. Mo McCullough, Jefferson City Board of Realtors, stated that the Board of Realtors is in support of this issue. At the conclusions of the presentations, the Council took up Bill 2011 -89, under "Items of Special Consideration" at this time. 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. REGULAR COUNCIL MEETING NOVEMBER 7, 2011 4 Following third reading, a motion was made by Councilman Dave Griffith to accept Substitute No. 3 to Bill 2011 -89 previously distributed, seconded by Councilman Ralph Bray, and approved unanimously. Mayor Eric Struemph then asked the Clerk to read the title of the accepted Substitute as the substitute also made changes to the Bill's title: 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 TO CREATE THE ECONOMIC DEVELOPMENT TAX BOARD. Following a lengthy discussion by the Council, Bill 2011 -89 was then passed, as substituted, by the following roll -call vote as Ord. No. 14873: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Mayor Eric Struemph called for a brief recess at this time (6:35 P.M.) RECONVENE The meeting was reconvened at 6:43 P.M. with the following Council Members present: Present: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: None CONSENT AGENDA The following items were brought before the Council for approval by consent: Minutes of October 13 and October 17, 2011 City Council Meetings Renewal (Year 3) of Contract with Tow Pro, LLC for Towing & Storage of Motor Vehicles Permissive Use of Railton Road Right of Way: water meter pit to serve Unilever Permissive Use of Right of Way at 1837 W. McCarty Street: fence REGULAR COUNCIL MEETING NOVEMBER 7, 2011 5 A motion was made by Councilman Dave Griffith for approval of the Consent Agenda as presented, seconded by Councilman Rich Koon, and approved unanimously. BILLS INTRODUCED Bill 2011 -97, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING CHAPTER 24 (PEDDLERS, SOLICITORS, ITINERANT MERCHANTS, ETC.) AND ENACTING A NEW CHAPTER 24 (PEDDLERS, DOOR TO DOOR SALES, AND TEMPORARY BUSINESS LICENSES) IN LIEU THEREOF. Bill 2011 -98, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE SOLID WASTE CONTRACT WITH ALLIED WASTE SERVICES. Bill 2011 -99, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH QUINN CHAPEL. Bill 2011 -100, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SETTLEMENT AGREEMENT WITH EMBARQ MISSOURI, INC., PERTAINING TO DISPUTED TAX PAYMENTS. Councilman Rich Koon requested that the rules be suspended and Bill 2011 -100 placed on final passage at this time. There were no objections to the request to suspend the rules. Bill 2011 -100 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14880: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -101, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF ALAMEDA DRIVE. REGULAR COUNCIL MEETING NOVEMBER 7, 2011 6 Councilman Bob Scrivner stated he is withdrawing Bill 2011 -101 at this time to allow more work to be done on the issue. Bill 2011 -102, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SAK CONSTRUCTION LLC FOR THE 2011 SEWER MAIN REHABILITATION PROJECT. Bill 2011 -103, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING AN UNNAMED PUBLIC ALLEYWAY BETWEEN MYRTLE STREET (ALSO KNOWN AS MYRTLE AVENUE) AND ELIZABETH STREET, AND VACATING AND DISCONTINUING A PORTION OF A SURFACE WATER DRAINAGE EASEMENT RECORDED IN BOOK 199, PAGE 683, COLE COUNTY RECORDER'S OFFICE. Bill 2011 -104, 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 0.14 ACRES OF PROPERTY LOCATED AT 1015 EAST ATCHISON STREET FROM RD MEDIUM DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2011 -105, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED FINAL PUD PLAN FOR PROPERTY LOCATED AT 1015 EAST ATCHISON STREET; DESCRIBED AS PART OF OUTLOT 60, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2011 -106, 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 1.33 ACRES OF LAND LOCATED AT 1002 MYRTLE STREET FROM RA -2 HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2011 -107, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY LOCATED AT 1002 MYRTLE AVENUE; DESCRIBED AS PART OF MORRIS AND EDMONDS SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING NOVEMBER 7, 2011 7 Bill 2011 -108, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED FINAL PUD PLAN FOR PROPERTY LOCATED AT 925 SOUTH COUNTRY CLUB DRIVE; DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2011 -109, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ISG TECHNOLOGIES, INC., FOR THE UPGRADE OF THE SURVEILLANCE CAMERA SYSTEM AT THE THOMAS E. WHITECOTTON BUILDING. Bill 2011 -110, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME OF SPECIAL ROUTES TO SUBSIDIZED ROUTES AT THE REQUEST OF THE FTA. BILLS PENDING 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 -86 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14871: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -87 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14872: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber REGULAR COUNCIL MEETING NOVEMBER 7, 2011 8 Nay: None 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. Councilman Bob Scrivner stated he is withdrawing Bill 2011 -88 at this time to allow for associated issues to be resolved before bringing it back before the Council. Bill 2011 -90, 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 (E), TIME ZONE E, OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF EAST MILLER STREET. Bill 2011 -90 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14874: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: Weber 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 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14875: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -92 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14876: REGULAR COUNCIL MEETING NOVEMBER 7, 2011 9 Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -93 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14877: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -94 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14878: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -95 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14879: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING NOVEMBER 7, 2011 10 INFORMAL CALENDAR 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, as amended at the October 17, 2011, Council Meeting, from the Informal Calendar at this time for consideration. Bill 2011 -76 was read third time by title and placed on final passage. A motion was made by Councilman Ralph Bray, as a member who voted on the prevailing side, to reconsider the motion to amend Bill 2011 -76 at the October 17, 2011, City Council meeting, seconded by Councilman Bryan Pope. Councilman Bray stated that he had been contacted by Architects Alliance who that, while they thanked the Council for their consideration, they urged the Council to support the decision of the selection committee in awarding the contract to Peckham and Wright. The motion to reconsider the amendment was then approved unanimously by voice vote. Councilman Ralph Bray then made a motion that the bill revert back to its original format with Peckham and Wright Architects., Inc., at the selected contractor, seconded by Councilman Bryan Pope, and approved by the following roll -call vote: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: Weber Bill 2011 -76 was then approved, in its original format, by the following roll -call vote as Ordinance 14881: Aye: Bray, Carroll, Griffith, Harvey, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: Weber RESOLUTIONS RS2011 -31 Approving Year 4 Action Plan for Submission to HUD (Carroll) REGULAR COUNCIL MEETING NOVEMBER 7, 2011 11 A motion was made by Councilman Mike Harvey for adoption of RS2011 -24 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 SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations made at this time. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. NEW BUSINESS Mr. Jason Turner, Jefferson City Fire Department, reminded citizens that the Open Burning season will begin on November 15, and reminded them of the regulations for allowable burning. UNFINISHED BUSINESS There was no unfinished business brought forward. REGULAR COUNCIL MEETING NOVEMBER 7, 2011 12 ADJOURNMENT A motion to adjourn was made by Councilman Rich Koon, seconded by Councilman Shawn Schulte, and approved unanimously at 7:24 P.M.