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Home My Public Portal About201209171 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 CALL TO ORDER The Regular Council Meeting of September 17, 2012, was convened at 6:00 P.M. by Mayor Eric Struemph. Mayor Struemph thanked the members of the Boy Scout Troop 6 from Immaculate Conception Church for leading in pledge of allegiance tonight. The Troop members introduced themselves and told what merit badge they were working on. ROLL CALL The following Council Members were present for the roll call: Present: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Absent: Carroll A quorum was declared present. MISCELLANEOUS AGENDA ITEMS a. Columbia Mayor Bob McDavid made a presentation regarding Bill 2012 -57 and explained the process for bringing an airline into the Columbia Regional Airport. Following his presentation, he answered questions asked by the Council, and accepted a key to the City from Mayor Struemph. b. Proclamation for "Constitution Week" — Mayor Struemph presented the proclamation to Katie Winkler of the Daughter of the Revolution members who were present and thanked her group for their contribution to the City. c. Mayor Struemph presented a City Coin to Ms. Anne - Therese Sippel from Germany who was introduced to the Council by former Mayor John Landwehr. Ms. Sippel will be at City Hall the week of September 24 as part of her three - week law internship in the United States. PUBLIC HEARINGS There were no public hearings at this time. 2 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 MINUTES AND REPORTS RECEIVED AND FILED Mayor 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, July 17, 2012 b. Public Safety Committee, August 2, 2012 c. CAMPO Technical Committee, August 2, 2012 d. Board of Adjustment, April 10, 2012 e. Historic Preservation Commission, August 14, 2012 f. Animal Control Section Monthly Report for August, 2012 Mayor Struemph thanked the citizens who volunteer their time and expertise on these boards and commissions. COUNCIL COMMITTEE REPORTS Administration Committee — Councilman Rick Prather, Vice Chairman, announced that the next meeting would be Wednesday, September 26, at 8:00 A.M. Finance Committee - Councilman Shawn Schulte announced that next Finance Committee meeting is scheduled for Tuesday, September 25 at 7:30 A.M. Public Safety Committee — Councilman Bill Luebbert, Vice Chairman, announced that the next will be held on Thursday, September 27, immediately following the 7:30 A.M. Brown Bagel Work Session. Public Works & Planning Committee - Councilman Bob Scrivner announced that the next meeting will be held on Thursday, September 20, at 7:30 A.M. Other Committee and Liaison Reports — There were no reports made at this time. APPOINTMENTS BY THE MAYOR There were no appointments brought forward at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS 3 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Captain Tim Young, Jefferson City Fire Department, made a presentation regarding the upcoming events associated with the 100th anniversary of the City's Fire Department, and invited the public to attend those events. Mayor Struemph thanked Captain Young for his hard work on this event. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Communications Manager Michelle Gleba announced a Ribbon Cutting Ceremony for the new warning sirens at 10:30 a.m. on Wednesday, September 26 at Fire Station 5. Mayor Struemph asked Former Mayor John Landwehr to announce the Oktoberfest which will be held this year. Mr. Landwehr announced that it will be held Saturday, September 29 in "Old Munichburg" and invited everyone to attend. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Herman Lueckenotte made a presentation regarding Bill 2012 -57 and stated he is opposed to the City contributing money towards the issue of bringing an airline to the Columbia Regional Airport. Mr. Michael Brownstein made a presentation regarding Resolution RS2012 -9, and asked if the new Code Enforcement policy would apply to the definition of noise as a nuisance. He provided instances of noise complaints by residents in his neighborhood. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of City Council Meetings: August 30 and September 4, 2012 b. Minutes of Budget Committee Meetings: August 28, August 30, September 6, and September 11, 2012 c. Renewal (year 3) — Agreement with Toebben Enterprises, d /b /a New World Recycling for Transportation and Recycling of Materials d. Renewal (year 3) — Agreement with Allied Waste Services for Transportation of Recycling Materials e. Renewal (year 3) — Agreement with Ripple Glass, LLC, for Transportation and Recycling of Materials A motion was made by Councilman Ralph Bray for approval of the Consent Agenda as presented, seconded by Councilman Shawn Schulte, and approved unanimously. 4 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 BIDS OVER $50,000 There were no bids over $50,000 brought forward at this time. BILLS INTRODUCED Bill 2012 -70, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH STOCKMAN CONSTRUCTION CORPORATION TO CONSTRUCT THE 2012 VARIOUS SEWER MAIN REPAIRS. Bill 2012 -71, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN ENTERPRISES, LLC, FOR THE SIDEWALK REPAIR PROJECT ON DUNKLIN, JACKSON, HIGH, AND MCCARTY STREETS. Bill 2012 -72 Councilman Ralph Bray stated he is withdrawing Bill 2012 -72 at this time. Bill 2012 -73, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2013. BILLS PENDING Councilman Bob Scrivner made a motion, seconded by Councilman Larry Henry, to move Bill 2012 -69 up for consideration at this time as there were several persons in the audience interested in this bill. The motion was approved unanimously. Bill 2012 -69 was brought forward. 5 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Bill 2012 -69, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011- 2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND FOR THE MORELAND AVENUE NEIGHBORHOOD IMPROVEMENT PROJECT. Bill 2012 -69 was read third time by title and placed on final passage. A motion was made by Councilman Ralph Bray to accept the Substitute Bill 2012 -69 previously distributed to the Council, seconded by Councilman Larry Henry, and approved unanimously. Bill 2012 -69 was then passed, as substituted, by the following roll -call vote as Ordinance 15018: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Mayor Struemph stated he noticed that some more Boy Scouts have entered the auditorium and asked them to introduce themselves. Two Scouts from Troop 5 came forward for recognition. Bill 2012 -57, 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 FROM THE GENERAL FUND TO NON - DEPARTMENTAL PROFESSIONAL SERVICES. Bill 2012 -57 was read third time by title and placed on final passage. A motion was made by Councilman Shawn Schulte to accept the Substitute Bill 2012 -57 previously distributed to the Council, seconded by Councilman Rick Mihalevich, and approved unanimously. Following discussion, Bill 2012 -57 was then passed, as substituted, by the following roll -call vote as Ordinance 15006: Aye: Bray, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Pope Bill 2012 -58, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ACROSS A TRACT OF LAND RECORDED IN BOOK 546 PAGE 150. 6 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Bill 2012 -58 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15007: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -59, sponsored by Councilman Scrivner, 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, 2012 TO OCTOBER 31, 2013, REFLECTING FUNDS AS APPROVED IN THE FY 2013 UNIFIED PLANNING WORK PROGRAM Bill 2012 -59 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15008: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -60, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, CHAPTER 3, ADVERTISING AND SIGNS, PERTAINING TO FREESTANDING SIGNAGE FOR APARTMENTS AND CHURCHES IN RESIDENTIAL ZONES. Bill 2012 -60 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15009: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -61, sponsored by Councilman Schulte, Co- sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011- 2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE FIRE DEPARTMENT. 7 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Bill 2012 -61 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15010: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -62, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SSI AERATION, INC., TO REPLACE THE AERATION DIFFUSERS AT THE REGIONAL WATER RECLAMATION FACILITY. Bill 2012 -62 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15011: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -63, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL BANK OF JEFFERSON CITY, MISSOURI, FOR BANKING SERVICES. Bill 2012 -63 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15012: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -64, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, REGARDING THE DEPOSIT FEE PAID BY WASTEWATER RATE PAYERS. Bill 2012 -64 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15013: 8 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -65, sponsored by Councilman Prather, 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 HYDE PARK ROAD. Bill 2012 -65 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15014: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -66, sponsored by Councilman Prather, 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 WILLIAMS STREET. Bill 2012 -66 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15015: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -67, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GROUND LEASE AT JEFFERSON CITY MEMORIAL AIRPORT. Bill 2012 -67 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15016: 9 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -68, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO STORMWATER / FLOODPLAIN MANAGEMENT. Bill 2012 -68 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15017: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None INFORMAL CALENDAR Bill 2012 -50, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TRIBECA VILLAGE SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilman Mihalevich requested that Bill 2012 -50 remain on the Informal Calendar at this time. Bill 2012 -51, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19 -401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO TRIBECA CIRCLE, LOCATED IN TRIBECA VILLAGE SUBDIVISION. Councilman Mihalevich requested that Bill 2012 -51 remain on the Informal Calendar at this time. Bill 2012 -52, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF 10 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 NOVEMBER 1, 2012, TO OCTOBER 31, 2013, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilman Schulte requested that Bill 2012 -52 be removed from the Informal Calendar and placed on final passage at this time. Bill 2012 -52 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15019: Aye: Bray, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Pope RESOLUTIONS RS2012 -9 Setting a Policy for Code Enforcement (Scrivner) A motion was made by Councilman Bob Scrivner, seconded by Councilman Ralph Bray, to adopt RS2012 -9 as presented. The motion was approved unanimously by the following roll -call vote: Aye: Bray, 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 There were no presentations made at this time. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. NEW BUSINESS 11 REGULAR COUNCIL MEETING, SEPTEMBER 17, 2012 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 Weber to approve the September 4, 2012 Closed Session Minutes, seconded by Councilman Larry Henry, and approved unanimously by the following roll -call vote: Aye: Bray, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Abstain: Scrivner GO INTO CLOSED SESSION Mayor 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: Personnel [Sec. 610.021(3)] Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Rick Mihalevich to go into Closed Session for the above - stated topics, seconded by Councilman Bob Scrivner, and approved by the following roll -call vote at 7:50 P.M.: Aye: Bray, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Pope