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HomeMy Public PortalAbout20111206REGULAR COUNCIL MEETING DECEMBER 6, 2011 1 CALL TO ORDER The Regular Council Meeting of December 6, 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, Koon, Luebbert, Pope, Schulte, and Scrivner Absent: Harvey and Weber A quorum was declared present. MISCELLANEOUS AGENDA ITEMS Mayor Eric Struemph called for a moment of silence in remembrance of former City Councilman Dean Martin who passed away on November 28, and Mrs. Irene Deeken, who passed away on December 4. PUBLIC HEARINGS (a) Jefferson City Medical Group Appeal: Sidewalk Deferral Denial Interim City Counselor Drew Hilpert explained the procedure which the City is required to follow during the appeal hearing. Following Mr. Hilpert's explanation, Councilman Ralph Bray made a motion to approve the procedures, seconded by Councilman Dave Griffith, and approved unanimously. The following witnesses testified, each of whom were formally sworn in by City Clerk Phyllis Powell. Staff: Janice McMillan made a ten - minute presentation on behalf of staff, with the assistance of City Engineer Matt Morasch who answered questions asked by the Mayor and City Council. REGULAR COUNCIL MEETING DECEMBER 6, 2011 2 Applicant: The following persons were sworn in on behalf of the Applicant: Dr. Michael Craighead, Mr. Mike Bates, Mr. James Stark, and Mr. Brian McMillan. A ten - minute presentation was made by Dr. Craighead. Mr. Bates assisted by answering specific questions asked by the Council about the project. At the conclusion of the two ten - minute presentations, the public was given an opportunity to make three - minute presentations. No one from the public came forward to testify on the matter. At this time, both staff and the Applicant were each allowed an additional three minutes to present final information. The Council asked several questions of both staff and the Applicant. At the conclusion of all questions of the witnesses by the Council, the testimony portion of the hearing was closed. Councilwoman Carrie Carroll made a motion as follows: "I move the deferral be approved." The motion was seconded by Councilman Bill Luebbert. Following further discussion, a motion was made by Councilman Bryan Pope to call the question, seconded by Councilman Dave Griffith, and approved unanimously. The motion to approve the deferral was then approved by the following roll -call vote: Aye: Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: Bray RECESS Mayor Eric Struemph called for a brief recess at this point in the meeting (7:43 P.M.) RECONVENE The meeting at 7:55 P.M. with the following Council Members present: Present: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Absent: Harvey and Weber REGULAR COUNCIL MEETING DECEMBER 6, 2011 3 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: a. Housing Authority Board of Commissioners, October 18, 2011 b. CAMPO Board of Directors, October 19, 2011 c. Transportation & Traffic Commission, September 14, 2011 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 December 14 meeting has been canceled, and that the next meeting will be held on Wednesday, January 11 at 8:00 A.M. Annexation Committee - Councilman Bob Scrivner announced that the next meeting will be held on Thursday, December 15 immediately following the Brown Bagel Work Session. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on Thursday, December 15, immediately following the Annexation Committee meeting which will follow the "Brown Bagel" work session. Public Safety Committee - Councilman Dave Griffith reported on the Public Safety Committee which was held on December 1 at Fire Station 3. Public Works & Planning Committee - Councilman Bob Scrivner announced that the next meeting will 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. REGULAR COUNCIL MEETING DECEMBER 6, 2011 4 APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS Interim City Administrator Nathan Nickolaus announced that a Work Session will be held on Monday, December 12 at 5:30 P.M. to discuss purchasing policy procedures and hear an update on the Conference Center. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Mike Bates and Mr. Dick Otke made a presentation on Bills 2011 -117 and 2011 -118, and asked that the Council approve both bills. Following their presentation, they answered questions asked by the Mayor and City Council specifically related to the detention basin associated with the project which they were asking that the City assume as part of public infrastructure. CONSENT AGENDA The following items were brought before the Council for approval by consent: Minutes of November 17 and 21, 2011, City Council Meetings 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 -120, sponsored by Councilman Scrivner, entitled: REGULAR COUNCIL MEETING DECEMBER 6, 2011 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HUTCHINS TELECOM, LLC TO CONSTRUCT THE 2011 VARIOUS SEWER MAIN REPAIRS. Bill 2011 -121, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, REGARDING THE BASE RATE FEE PAID BY WASTEWATER RATE PAYERS. Bill 2011 -122, 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 CHAMBER OF COMMERCE. BILLS PENDING Bill 2011 -111, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. Bill 2011 -111 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14893: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None Bill 2011 -112, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. Bill 2011 -112 was read third time by title and placed on final passage. A motion was made by Councilwoman Carrie Carroll to accept the Substitute Bill 2011 -112 which was previously distributed, seconded by Councilman Bob Scrivner, and approved unanimously. Bill 2011 -112 was then passed, as substituted, by the following roll -call vote as Ordinance 14894: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Schulte, and Scrivner Nay: Pope Bill 2011 -113, sponsored by Councilwoman Carroll, entitled: REGULAR COUNCIL MEETING DECEMBER 6, 2011 6 AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY SEPARATING OFFENSES IN ORDER TO ALLOW MUNICIPAL COURT SOFTWARE TO ASSIGN A CODE FOR EACH OFFENSE. Bill 2011 -113 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14895: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None Bill 2011 -114, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ST. MARY'S HEALTH CENTER FOR PROFESSIONAL MEDICAL SERVICES. Bill 2011 -114 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14896: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None Bill 2011 -115, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI MOTOR CARRIERS ASSOCIATION FOR PARKING SPACES ON CITY PARKING LOT NUMBER 8. Bill 2011 -115 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14897: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None Bill 2011 -116, 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 AND THE TRANSIT FUND AND REAPPROPRIATING IT IN THE 2011 -2012 BUDGET. Bill 2011 -116 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14898: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None REGULAR COUNCIL MEETING DECEMBER 6, 2011 7 Bill 2011 -117, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LOHMAN INVESTMENTS, LLC. Bill 2011 -117 was read third time by title and placed on final passage. Following a lengthy discussion, Councilman Bryan Pope made the following motion: "I move to amend Bill 2011 -117 by adding a new section to the bill as follows: Section 4. The City of Jefferson shall make substantially the same offer to all persons or entities that own storm water detention basins now or in the future and will accept and maintain the same as public infrastructure." The motion was seconded by Councilman Rich Koon, and defeated by voice vote. Bill 2011 -117 was then passed by the following roll -call vote as Ordinance 14899: Aye: Bray, Carroll, Griffith, Luebbert, Schulte, and Scrivner Nay: Koon and Pope Bill 2011 -118, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING AND RESCINDING ORDINANCE #14671 IN ITS ENTIRETY AND ENACTING A NEW ORDINANCE ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF JEFFERSON CITY WEST COMMERCIAL PARK, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2011 -118 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14900: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None Bill 2011 -119, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI, AND SSM REGIONAL HEALTH SERVICES. Bill 2011 -119 was read third time by title and placed on final passage. A motion was made by Councilman Dave Griffith to accept the Substitute Bill 2011 -119 which had been previously distributed to the Council, seconded by Councilman Rich Koon, and approved unanimously. REGULAR COUNCIL MEETING DECEMBER 6, 2011 8 Bill 2011 -119 was then passed, as substituted, by the following roll -call vote as Ordinance 14901: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None INFORMAL CALENDAR 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. Councilwoman Carrie Carroll stated she wished to remove Bill 2011 -98 from the Informal Calendar at this time and place it on final passage. Bill 2011 -98 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14902: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None RESOLUTIONS RS2011 -35 Stating Intent to Issue Industrial Development Revenue Bonds for Water Tower Project (Koon) A motion was made by Councilman Rich Koon to accept the Substitute Resolution RS2011 -35 as previously distributed, seconded by Councilman Bob Scrivner, and approved unanimously. A motion was then made by Councilman Rich Koon to adopt Resolution RS2011 -35, as substituted, seconded by Councilman Bob Scrivner, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Griffith, Koon, Luebbert, Pope, Schulte, and Scrivner Nay: None REGULAR COUNCIL MEETING DECEMBER 6, 2011 9 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 There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Bob Scrivner to approve the Closed Session Minutes of November 21, 2011, seconded by Councilwoman Carrie Carroll, and approved unanimously. REGULAR COUNCIL MEETING DECEMBER 6, 2011 10 ADJOURNMENT A motion was made by Councilman Ralph Bray to adjourn, seconded by Councilman Bill Luebbert, and approved unanimously at 9:10 P.M.