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Home My Public Portal About20120507REGULAR COUNCIL MEETING MAY 7, 2012 1 CALL TO ORDER The Regular Council Meeting of May 7, 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, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Absent: None A quorum was declared present. MISCELLANEOUS AGENDA ITEMS Mayor Eric Struemph recognized members of the Boy Scout Troop from First Presbyterian Church present in the audience and welcomed them to the meeting. (a) Proclamation honoring Lions Club "Sight Week" was presented to members of the area Lions Clubs present (b) Proclamation honoring National Kids to Parks Day was presented to Parks & Recreation Director Bill Lockwood. PUBLIC HEARINGS There were no public hearings scheduled at this time. 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. Planning and Zoning Commission, March 8, 2012 b. Cultural Arts Commission, March 20, 2012 REGULAR COUNCIL MEETING MAY 7, 2012 2 c. Housing Authority Board, March 20, 2012 d. Storm Water Quality Advisory Committee, February 2 & March 1, 2012 e. Public Works and Planning Committee, March 22, 2012 f. CAMPO Board of Directors, March 21, 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 next meeting would be Wednesday, May 9 at 8:00 A.M. Finance Committee - Councilman Shawn Schulte announced that the next meeting will be held on Tuesday, May 22 at 7:30 A.M. Public Safety Committee - Councilman Bryan Pope reported on the special meeting which was held on April 19, and that the next meeting will be on Thursday, May 17 following the Brown Bagel Work Session. Public Works & Planning Committee - Councilman Bob Scrivner reported that the next meeting will be held on Thursday, May 24 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 Cultural Arts Commission Cary Gampher May 2015 Full Thomas Baker Mar 2013 Partial Environmental Quality Commission Todd Higgins Nov 2016 Partial Transportation & Traffic Commission Donna Deetz June 2012 Partial Parks & Recreation Commission Joanne Scheperle May 2015 Full Planning & Zoning Commission Dale Vaughan May 2014 Partial REGULAR COUNCIL MEETING MAY 7, 2012 3 A motion was made by Councilman Bryan Pope to approve the appointments as recommended, seconded by Councilman Shawn Schulte, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Phil Freeman made a presentation regarding the properties throughout the "Old Town" that have been improved over the past several months. Following his presentation, he answered questions asked by the Mayor and Council, and Mayor Eric Struemph thanked him for his work in this effort. Mr. Freeman announced that the Old Town board has recently launched a new website at www.oldtownjc.com. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. ANNOUNCEMENTS OF UPCOMING MEETINGS AND EVENTS City Administrator Nathan Nickolaus announced that Town Hall meeting #4 will be held on Thursday, May 10 from 9:00 to 11:00 A.M. in the City Council Chambers. Mr. Nickolaus also announced that a Council Work Session will be held on Tuesday, May 29 at 5:30 P.M. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of April 12 and April 16, 2012 City Council Meetings b. SS 2614 — Patrol Vehicles, Police Department c. Proposal 2487 Renewal (Year 3) — Yard Waste Drop Off and Composting d. Authorizing an Interlocal Agreement with Cole County for the 2012 JAG Grant e. Accepting Donation of Two Vacant Parcels Located at Marshall Street and Hibernia Street f. Bid 2600 — Manhole Frames, Covers and Risers, Sewer Collection Systems Maintenance g. Bid 2599 — Street Marking Paint — Public Works h. Sole Source SS2615 — Uniforms, Police Department A motion was made by Councilman Ralph Bray for approval of the Consent Agenda as REGULAR COUNCIL MEETING MAY 7, 2012 4 presented, seconded by Councilman Bryan Pope, and approved unanimously. BIDS OVER $50,000 The following bids were brought before the Council for approval: a. Bid B2606 — Single Axle Dump Truck W /Plow and Spreader (sent to Council 4/27) A motion was made by Councilman Bob Weber to approve Bid B2606, seconded by Councilman Shawn Schulte, and approved unanimously b. Bid B2604 — Paving Materials (sent to Council 4/27) A motion was made by Councilman Bill Luebbert to approve Bid B2604, seconded by Councilman Bryan Pope, and approved unanimously. BILLS INTRODUCED Bill 2012 -4, sponsored by Councilman Schulte, entitled: AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR MODERN LITHO -PRINT CO. IN CONNECTION WITH THE PROPOSED ISSUANCE BY THE CITY OF JEFFERSON, MISSOURI, OF ITS TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 TO FINANCE THE COSTS OF SUCH PROJECT. Bill 2012 -5, sponsored by Councilman Schulte, entitled: AN ORDINANCE AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (MODERN LITHO -PRINT CO. PROJECT), SERIES 2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 TO PAY THE COSTS OF A PROJECT FOR MODERN LITHO -PRINT CO., A MISSOURI CORPORATION, THAT WILL INCLUDE THE ACQUISITION AND INSTALLATION OF AN OFFSET PRESS AT THE EXISTING FACILITY LOCATED IN THE CITY; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. City Counselor Drew Hilpert explained that a substitute bill has been distributed which, at the request of Bond Counsel, replaces Central Bank with UMB Bank. A motion was made by Councilman Shawn Schulte to accept Substitute Bill 2012 -5, seconded by Councilman Ralph Bray, and approved unanimously. Bill 2012 -6, sponsored by Councilman Pope, entitled: REGULAR COUNCIL MEETING MAY 7, 2012 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE PROPERTY TAX LEVIED FOR THE FIREMAN'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. Bill 2012 -7, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A SANITARY SEWER EASEMENT ON JCMG SITE AT 1241 WEST STADIUM BOULEVARD. Bill 2012 -8 was withdrawn before introduction. Bill 2012 -9, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH LEON AND TEDDY HELLEBUSCH FOR THE PURPOSE OF FARMING CITY -OWNED PROPERTY AT CORTEZ AND NO MORE VICTIMS ROAD. Bill 2012 -10, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CLARIFYING TRANSIT SYSTEM OPERATIONS. Bill 2012 -11, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH MID MISSOURI INVESTMENT GROUP LLC. Councilman Bob Scrivner requested suspension of the rules on Bill 2012 -11. There were no objections to the request. Bill 2012 -11 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14957: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING MAY 7, 2012 6 Bill 2012 -12, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING A SANITARY SEWER WATER EASEMENT IN CHERRY CREEK SECTION 1, AND RELINQUISHING PORTIONS OF A SANITARY STORM WATER EASEMENT LOCATED IN CHERRY CREEK SECTION 1. Councilman Bob Scrivner requested suspension of the rules on Bill 2012 -12. There were no objections to the request. Bill 2012 -12 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 14958: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -13, sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MICHIGAN STREET. Bill 2012 -14, 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 DIX ROAD AT W. MAIN STREET STORMWATER AND THE AUTUMN LANE STORMWATER PROJECT. Councilman Bryan Pope requested that Public Works Director Roger Schwartze show the Council the detours for this project at the next Council meeting. Bill 2012 -15, sponsored by Councilman Mihalevich, 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 0.34 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 2827 SOUTH TEN MILE DRIVE, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. REGULAR COUNCIL MEETING MAY 7, 2012 7 Bill 2012 -16, sponsored by Councilman Mihalevich, 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 8.5 ACRES OF LAND LOCATED IN THE 300 PARKS & RECREATION DIRECTOR BILL LOCKWOOD OF HOOVER ROAD FROM RA -2 HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, DESCRIBED AS PART OF LOT 5 OF CHERRY CREEK SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -17, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY LOCATED IN THE 300 BLOCK OF HOOVER ROAD; DESCRIBED AS PART OF LOT 5 OF CHERRY CREEK SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -18, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE PROPERTIES SELECTED BY THE HISTORIC PRESERVATION COMMISSION FOR THE 2012 LANDMARK AWARDS. Bill 2012 -19, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING SECTION 7 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO POWERS AND DUTIES OF THE ENVIRONMENTAL QUALITY COMMISSION. Bill 2012 -20, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY RELOCATING VARIOUS BUILDING PERMIT FEES FROM CHAPTER 8 TO SCHEDULE Y. Bill 2012 -21, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO BUILDING CODES. Councilman Bob Scrivner moved to accept the Substitute Bill 2012 -21 previously distributed to the Council, seconded by Councilman Rick Prather, and approved unanimously. Bill 2012 -22, sponsored by Councilman Scrivner, entitled: REGULAR COUNCIL MEETING MAY 7, 2012 8 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13, ARTICLE III, FIRE PREVENTION CODE. Councilman Bob Scrivner moved to accept the Substitute Bill 2012 -22 previously distributed to the Council, seconded by Councilman Ralph Bray, and approved unanimously. Bill 2012 -23, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011- 2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2012 -24, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI BUILDERS SERVICES FOR ROOF REPLACEMENT ON FIRE STATION #3. Bill 2012 -25, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REVISING THE PROCEDURE FOR SPECIAL TAX BILLS. BILLS PENDING Bill 2012 -1, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REVISING THE DUTIES OF THE FORMER DEPARTMENT OF COMMUNITY DEVELOPMENT. Bill 2012 -1 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14954: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -2, sponsored by Councilman Scrivner, entitled: REGULAR COUNCIL MEETING MAY 7, 2012 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2012 MILL AND OVERLAY PROJECT. A substitute Bill 2012 -2 was distributed. A motion was made by Councilman Bob Scrivner to accept the substitute bill, seconded by Councilman Ralph Bray, and approved unanimously. A motion was then made by Councilman Bob Weber to amend the bill, as just substituted, as follows: I move to amend bill 2012 -2 by deleting section 1 and by reducing the contract awarded to Jefferson Asphalt Company by $196,000. The motion to amend was seconded by Councilman Shawn Schulte. Following a lengthy discussion, the motion to amend was defeated by the following roll -call vote: Aye: Mihalevich, Prather, Schulte, and Weber Nay: Bray, Carroll, Henry, Luebbert, Pope, and Scrivner Bill 2012 -2 was then passed, as substituted, by the following roll -call vote as Ordinance 14055: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -3, 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 2012 -3 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14956: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar. RESOLUTIONS REGULAR COUNCIL MEETING MAY 7, 2012 10 RS2012 -3 Authorizing Permissive Use of Easement in Cherry Creek (Scrivner) A motion was made by Councilman Bob Scrivner for adoption of RS2012 -3 as presented, seconded by Councilman Bob Weber, and approved unanimously by the following roll - call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman made a presentation regarding an incident of a vicious dog in his neighborhood. Following his presentation, Mayor Eric Struemph asked Captain Bob Cynova to get with Mr. Steinman about the incident. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. NEW BUSINESS There was no new business brought up at this time. UNFINISHED BUSINESS There was no unfinished business brought forward. GO INTO CLOSED SESSION REGULAR COUNCIL MEETING MAY 7, 2012 11 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. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Bryan Pope to go into Closed Session for the above - stated reason, seconded by Councilman Bill Luebbert, and approved by the following roll -call vote at 7:53 P.M. Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None