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HomeMy Public PortalAbout20120319REGULAR COUNCIL MEETING MARCH 19, 2012 1 CALL TO ORDER The Regular Council Meeting of March 19, 2012, 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, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: Harvey A quorum was declared present. MISCELLANEOUS AGENDA ITEMS Reconsideration of Bill 2011 -154: Councilman Bob Scrivner made a motion that, as a member who voted on the side which prevailed at the preceding meeting, Bill 2011 -154 be reconsidered. The motion to reconsider was seconded by Councilman Rich Koon, and approved unanimously. Bill 2011 -154 was now before the Council again. Bill 2011 -154, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI, BY ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN THE COUNTY OF COLE, STATE OF MISSOURI, LYING GENERALLY WEST OF THE PRESENT CITY LIMITS REFERRED TO AS THE MEADOWS BY THE CLUB AREA AND AUTHORIZING AN ELECTION TO APPROVE THE EXTENSION OF THE CITY LIMITS THROUGH ANNEXATION. Councilman Bob Scrivner then requested that Bill 2011 -154, as reconsidered, be placed on the Informal Calendar at this time. PUBLIC HEARINGS (a) Rezoning 0.93 Acres at 999 Diamond Ridge REGULAR COUNCIL MEETING MARCH 19, 2012 2 A staff presentation was made by Janice McMillan providing background information and details of the requested rezoning. At the conclusion of the staff presentation, the following persons came forward to speak on the matter: In favor: Mr. Max Fischer and Mrs. Anna Fischer, owners of the property which is being considered for rezoning. Following their request to the Council to approve their requested rezoning, no one further came forward to speak on the issue. Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2011 -158, 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 0.93 ACRES FROM C -O OFFICE COMMERCIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 999 DIAMOND RIDGE, DESCRIBED AS LOT 86 OF DIAMONDS SUBDIVISION, SECTION FOUR, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2011 -158 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14938: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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: Board of Electrical Examiners & Review, January 11, 2012 CAMPO Technical Committee, February 2, 2012 Storm Water Quality Advisory Committee, February 2, 2012 Public Works & Planning Committee, January 19, 2012 Planning & Zoning Commission, February 9, 2012 Historic Preservation Commission, February 21, 2012 Parks & Recreation Commission, February 14, 2012 REGULAR COUNCIL MEETING MARCH 19, 2012 3 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 April meeting has been canceled. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on Thursday, April 12, immediately following the Council Brown Bagel Work Session. Public Safety Committee - Councilman Bryan Pope announced that the next regular meeting will be held on Thursday, March 29, immediately following the Brown Bagel Work Session, and that a Special Meeting was held on Thursday, March 8. Public Works & Planning Committee - Councilman Bob Scrivner announced that the next meeting will be held on Thursday, March 22 at 7:30 A.M. Other Committee and Liaison Reports - There were no reports made at this time. APPOINTMENTS BY THE MAYOR Mayor Eric Struemph recommended the following appointments to City Boards and Commissions for Council approval: Board /Commission Appointment Expiration Term Airport Advisory Board: Cultural Arts Commission Chip Gentry Mar 2016 Full Frank Rycyk Mar 2016 Full Raylene Walker Mar 2015 Full Taryn Prewitt Mar 2015 Full Cindy Layton Mar 2015 Full A motion was made by Councilwoman Carrie Carroll to approve the appointments as recommended, seconded by Councilman Bob Scrivner, and approved unanimously. ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS City Administrator Nathan Nickolaus announced that a City Council Work Session will be held at 5:30 P.M. on Monday, March 26, to hear the annual report presented by the Jefferson City Area Chamber of Commerce. REGULAR COUNCIL MEETING MARCH 19, 2012 4 PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS No presentations were made at this time. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Lucia Erikson - Kincheloe made a presentation on behalf of the Cultural Arts Commission urging the Council to pass Bill 2011 -166 which will establish a public art policy in the City. Following her presentation, Mayor Eric Struemph thanked her and Ms. Cindy Layton, former City Councilwoman, who is also present at tonight's meeting, for all their efforts on the Cultural Arts Commission. CONSENT AGENDA The following items were brought before the Council for approval by consent: Minutes of February 27, March 1, and March 5, 2012 City Council Meetings Authorizing Change Order No. 3 with Environmental Engineering, Inc. for Energy Efficiency Improvements, John G. Christy Building Bid 2590 — Pipe, Public Works SS -2597 — Use of Force Simulator, Police Department Bid 2588 — Sludge Applicator, Public Works, Wastewater Plant Authorizing Historic Preservation Fund Grant Agreement A motion was made by Councilman Bob Scrivner for approval of the Consent Agenda as presented, seconded by Councilman Shawn Schulte, and approved unanimously. BIDS OVER $50,000 SS -2598 — Sole Source Pump Replacement, Wastewater Plant (distributed to Council 3 -12) A motion was made by Councilman Bob Scrivner for approval of the bid as presented, seconded by Councilman Bill Luebbert, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING MARCH 19, 2012 5 BILLS INTRODUCED Bill 2011 -162, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NICK RACKERS HEATING & COOLING, INC., D /B /A AIRE SERV OF CENTRAL MISSOURI, FOR THE FIRE STATION HVAC MODIFICATION PROJECT. Bill 2011 -163, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GROUND LEASE AGREEMENT WITH CENTRAL MISSOURI REALTY COMPANY FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2011 -164, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE PROPERTY TAX LEVIED FOR THE FIREMEN'S PENSION FUND, CURRENTLY $0.0961, APPROXIMATELY SEVENTEEN PERCENT (17 %) OF THE CITY'S TOTAL PROPERTY TAX, AND AUTHORIZING IN LIEU THEREOF A JEFFERSON CITY FIRE DEPARTMENT IMPROVEMENT SALES TAX AT THE RATE OF ONE - FOURTH OF ONE PERCENT (1/4 %), THE COLLECTION AND USE THEREOF FOR IMPROVEMENT OF THE JEFFERSON CITY FIRE DEPARTMENT, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON AUGUST 7, 2012. A lengthy discussion and question- answer period was held regarding this issue. Bill 2011 -165, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC CO., INC. FOR THE PURCHASE AND INSTALLATION OF COMMUNITY OUTDOOR WARNING SIRENS. Councilman Bryan Pope requested that the rules be suspended on this bill to allow the purchase of the sirens to move forward. There were no objections to the request to suspend the rules. Bill 2011 -165 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14941: REGULAR COUNCIL MEETING MARCH 19, 2012 6 Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -166, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING CHAPTER 25 (PLANNING AND DEVELOPMENT), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING A NEW ARTICLE VI (PUBLIC ART PROGRAM). Councilwoman Carrie Carroll stated that some recommended amendments to this bill will be distributed to the Council before it is voted on at the April 2 meeting. BILLS PENDING Bill 2011 -155, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY REGARDING SERVICES AT THE JEFFERSON CITY ANIMAL SHELTER. Bill 2011 -155 was read third time by title and placed on final passage. A motion was made by Councilman Bryan Pope to amend the contract as follows: A new Section 1(C) shall be added which states "The City shall provide to the County monthly reports as to the operation of the animal shelter." The motion was made by to amend was seconded by Councilman Ralph Bray. Councilman Bob Scrivner stated he would vote against the amendment as he believes the same can be accomplished without putting the language into the contract. Following a lengthy discussion, the motion to amend was passed by the following roll -call vote: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, and Weber Nay: Scrivner Bill 2011 -155 was then passed, as amended, by the following roll -call vote as Ordinance 14935: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -156, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE NEIGHBORHOOD IMPROVEMENT PROGRAM. REGULAR COUNCIL MEETING MARCH 19, 2012 7 Bill 2011 -156 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14936: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -157, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI PERTAINING TO MOBILE FOOD UNITS. Bill 2011 -157 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14937: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -158 was taken up earlier under "Public Hearings." Bill 2011 -159, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2011 -159 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14939: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None Bill 2011 -160, 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 -160 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14940: Aye: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING MARCH 19, 2012 8 INFORMAL CALENDAR Bill 2011 -135, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERMUNICIPAL AGREEMENT WITH ST. MARTINS. Councilman Rich Koon requested that Bill 2011 -135 be removed from the Informal Calendar and placed on final passage at this time. Bill 2011 -135 was read third time by title and placed on final passage. A lengthy discussion and question- answer period was held. Mayor Eric Struemph called for a five - minute recess in the proceedings in the midst of discussing 2011 -135. Meeting recessed at 7:40 P.M. RECONVENE The meeting was reconvened by Mayor Eric Struemph at 7:45 P.M. with the following Council Members present at the time of reconvening: Present: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: Harvey INFORMAL CALENDAR CONTINUED Discussion of Bill 2011 -135 resumed. A motion was made by Councilman Rich Koon to accept the Substitute Bill 2011 -135 which had been previously distributed to the Council, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Nay: Bray, Carroll, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber None A motion was made by Councilman Bob Weber to call the question, seconded by Councilman Rich Koon, and approved unanimously. Bill 2011 -135 was then defeated, as substituted, by the following roll -call vote: REGULAR COUNCIL MEETING MARCH 19, 2012 9 Aye: Luebbert and Schulte Nay: Bray, Carroll, Koon, Pope, Scrivner, and Weber RESOLUTIONS RS2011 -43 Resolution to Fill Vacant I.T.S Position (Scrivner) (Cosponsor: Schulte) A motion was made by Councilman Bob Scrivner for adoption of RS2011 -43 as presented, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, 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 There were no comments made at this time. NEW BUSINESS Councilman Bob Scrivner asked Finance Director Steve Schlueter to give a brief report on how the sewer billing is going. Mr. Schlueter explained how that the process is becoming smoother with time, and that a few issues had come up unexpectedly, such as a number of additional customers which the City recently learned of from Missouri American Water. Mayor Eric Struemph commended the Council and staff for their hard work on several major projects which were brought forward and approved tonight. REGULAR COUNCIL MEETING MARCH 19, 2012 10 UNFINISHED BUSINESS There was no unfinished business brought forward. ADJOURNMENT The meeting adjourned at 8:15 P.M.