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Home My Public Portal About20120402REGULAR COUNCIL MEETING APRIL 2, 2012 1 CALL TO ORDER The Regular Council Meeting of April 2, 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, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Absent: None A quorum was declared present. MISCELLANEOUS AGENDA ITEMS (a) Proclamation and City Coin Presented to Mrs. Delphia Morgan in Honor of Her 100th Birthday Following reading of the proclamation, Mayor Eric Struemph presented it, along with City Coin # 100, to Mrs. Morgan and congratulated her upon her longevity as well as her lifetime of service to her family, friends, and the community. (b) Proclamation - National Library Week presented to Ms. Claudia Schoonover, Assistant Director of Services /Collection Development, Missouri River Regional Library Ms. Schoonover accepted the proclamation from Mayor Eric Struemph. (c) Proclamation — Communications Operators Appreciation Week presented to Captain Bob Cynova and JCPD Communications Operators Captain Cynova and Kathryn Abernathy, Communications Supervisor, accepted the proclamation from Mayor Struemph who thanked them for their important service to the citizens of Jefferson City. (d) Announcing Winners of South School 5th Grade Writing Contest (Councilman Rich Koon) Councilman Rich Koon announced that the top two prizewinners were present tonight, and they came forward to the podium to introduce him /herself and they made a brief presentation explaining the event and thanking Councilman Koon for his sponsorship over REGULAR COUNCIL MEETING APRIL 2, 2012 2 the past several years. At the conclusion of their presentation, Mayor Struemph invited each to come assume the Chair to read their winning essay. Kendall Gillis —1St Place Winner, read his essay regarding the need for bicycle lanes in the City. Olivia Petty — 2nd Place Winner, read her essay on the need to strengthen, and enforce, laws regarding bullying in our schools. Both students were presented a City Coin and thanked by Mayor Eric Struemph for their participating in the contest. Councilman Rich Koon announced that after he leaves the Council in April, he will continue to sponsor the event at the school and provide the incentives, and his fellow Second Ward Council Member, Councilman Shawn Schulte, has agreed to carry on this tradition of presenting the winners at the Council Meeting each year. PUBLIC HEARINGS (a) JeffTran Service Change Public Works Director Roger Schwartze made a presentation regarding the City's decision to eliminate the South Route, and explained how the remaining routes will be modified to address the needs of those currently using that route. Following his presentation, he answered questions asked by the Mayor and City Council. At the conclusion of the staff presentation, no one present 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 resolution. RS2011 -44 - Resolution Modifying the JeffTran Routes (Scrivner) A motion was made by Councilman Bob Scrivner for adoption of RS2011 -44 as presented, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Harvey, 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: REGULAR COUNCIL MEETING APRIL 2, 2012 3 a. Public Works & Planning Committee, February 23, 2012 b. Finance Reports for Nov. and Dec., 2011 and Jan. & Feb., 2012 c. Housing Authority Board of Commissioners, February 21, 2012 d. Historic Preservation Commission, February 21, 2012 e. CAMPO Board of Directors, January 18, 2012 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, and that the newly- appointed Committee hopes to try to schedule meetings for next year that will not be in conflict with the Transportation and Traffic Commission meeting dates. Finance Committee - Councilman Rich Koon announced that the April 12 meeting will has been canceled. Public Safety Committee - Councilman Bryan Pope reported on the last meeting which was held on March 29 after the Brown Bagel Work Session. Public Works & Planning Committee - Councilman Bob Scrivner reported on the last meeting, and announced that the next meeting will be held on Thursday, April 12, immediately following the Brown Bagel Work Session. Other Committee and Liaison Reports - There were no reports made at this time. APPOINTMENTS BY THE MAYOR There were no presentations brought forward at this time. ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS No announcements were made. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS No presentations were made at this time. REGULAR COUNCIL MEETING APRIL 2, 2012 4 PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Bill 2011 -154 (Meadows by the Club Annexation): Mr. David Mehmert made a presentation on this bill and stated that he is owner of the J. C. Mattress Factory located in the proposed annexation area. He requested that the City exclude his business from the proposed annexation area. Mr. Robert Wise made a presentation on behalf of the Puri Group, owners of the two hotels located in the proposed annexation area. He also requested that the hotels be excluded from the annexation area. Mr. Tom Piper, Chairman of Responsible Community Growth Committee, made a presentation on behalf of the Committee opposing the Meadows by the Club Annexation and gave his reasons. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of March 15, and March 19, 2012 City Council Meetings b. Authorizing Permissive Use of Right -of -Way on High Street for Capital Ad Sheet c. Authorizing Permissive Use of Right -of -Way at 210 El Mercado and 3515 Amazonas for Metro Business College Signage d. Change Order No. 2 with Tyler Technologies for Municipal Court Software e. Authorizing Amendment to Ground Lease with Brad Epple, d /b /a Warhawk LLC, at Jefferson City Memorial Airport A motion was made by Councilman Bob Scrivner for approval of the Consent Agenda as presented, seconded by Councilman Ralph Bray, and approved unanimously. BIDS OVER $50,000 There were no bids brought forward at this time. BILLS INTRODUCED Bill 2011 -167, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALL SYSTEMS DESIGNED SOLUTIONS, INC., FOR A DOOR ACCESS SYSTEM AT THE REGULAR COUNCIL MEETING APRIL 2, 2012 5 WHITECOTTON BUILDING. Bill 2011 -168, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J.C. INDUSTRIES, INC., FOR THE MISSOURI BOULEVARD SIDEWALKS PROJECT. Bill 2011 -169, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC, FOR THE BROADWAY ST. NEIGHBORHOOD IMPROVEMENT PROJECT, 500 -600 BLOCK, AND THE VINEYARD SQUARE NEIGHBORHOOD IMPROVEMENT PROJECT. Bill 2011 -170, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR TRANSPORTATION ENHANCEMENT FUNDS. Bill 2011 -171, sponsored by Councilman Schulte, 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 -172, sponsored by Councilman Schulte, entitled: AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR ASSISTANCE WITH OPERATING EXPENSES FOR THE AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF NOVEMBER 1, 2010 THROUGH OCTOBER 31, 2012. Bill 2011 -173, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE H, (YIELD SIGNS), REGULAR COUNCIL MEETING APRIL 2, 2012 6 SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON BY THE ADDITION OF LEWIS AND CLARK AT THE T -TURN. Bill 2011 -174, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF ST. MARY'S BOULEVARD AND WILLIAMS STREET INTERSECTION. Bill 2011 -175, 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 ALELCO, INC., FOR LAND AT THE JEFFERSON CITY MEMORIAL AIRPORT. BILLS PENDING 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 /AAIRE SERV OF CENTRAL MISSOURI, FOR THE FIRE STATION HVAC MODIFICATION PROJECT. Bill 2011 -162 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14942: Aye: Bray, Carroll, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None 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 -163 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14943: Aye: Bray, Carroll, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING APRIL 2, 2012 7 Bill 2011 -164, sponsored by Councilman Harvey, 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. Councilman Mike Harvey requested that Bill 2011 -164 be placed on the Informal Calendar at this time. 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). Bill 2011 -166 was read third time by title and placed on final passage. Councilwoman Carrie Carroll made a to accept the Substitute Bill 2011 -166 which was previously distributed to the Council, seconded by Councilman Shawn Schulte, and approved unanimously. Bill 2011 -166 was then passed, as substituted, by the following roll -call vote as Ordinance 14944: Aye: Bray, Carroll, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None INFORMAL CALENDAR 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 requested that Bill 2011 -154, as reconsidered on March 19, 2012, be removed from the Informal Calendar at this time. REGULAR COUNCIL MEETING APRIL 2, 2012 8 Bill 2011 -154 was read third time by title and placed on final passage. A motion was made by Councilman Bob Scrivner to accept the 4 -2 -2012 Substitute Bill 2011 -154 previously distributed to the Council, seconded by Councilman Rich Koon, and approved unanimously. A motion was made by Councilman Bryan Pope to amend Bill 2011 -154 as follows: I move to amend Bill 2011 -154 by deleting from the annexation area the commercial properties owned by Land Investments LLC (the quarry), JCM Jeff City LLC (JC Mattress Factory) and Labelle Enterprises, Inc., (the Hampton Inn) and Perry - Winkle Hospitality, Inc. (Comfort Suites). The motion to amend was seconded by Councilwoman Carrie Carroll. Following a lengthy discussion, the motion was defeated by the following roll -call vote: Aye: Pope Nay: Bray, Carroll, Harvey, Koon, Luebbert, Schulte, Scrivner, and Weber A motion was made by Councilman Rich Koon to call the question, seconded by Councilman Bryan Pope, and approved unanimously. Bill 2011 -154, as reconsidered at the March 19 Council Meeting, was then passed, as substituted, by the following roll -call vote as Ordinance 14933: Aye: Bray, Carroll, Harvey, Koon, Luebbert, Pope, Schulte, Scrivner, and Weber Nay: None RESOLUTIONS Resolution RS2011 -44 was voted on early in the meeting. 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. REGULAR COUNCIL MEETING APRIL 2, 2012 9 COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. NEW BUSINESS Mayor Eric Struemph announced that tomorrow is election day and encouraged everyone to take advantage of our privilege to vote. UNFINISHED BUSINESS There was no unfinished business brought forward. GO INTO CLOSED SESSION Mayor Eric Struemph stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session at this time to discuss the following: a. Personnel [Sec. 610.021(3)] b. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Bill Luebbert to go into Closed Session for the above - stated reasons, seconded by Councilman Mike Harvey, and approved by the following roll -call vote at 7:45 P.M. Aye: Nay: Bray, Carroll, Harvey, Luebbert, Pope, Schulte, Scrivner, and Weber Koon