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Home My Public Portal About201210011 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 CALL TO ORDER The Regular Council Meeting of October 1, 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, and Scrivner Absent: Weber A quorum was declared present. MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items presented tonight. PUBLIC HEARINGS There were no public hearings at this time. 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. Planning & Zoning Commission, August 9, 2012 b. Board of Electrical Examiners and Review, July 11, 2012 c. USS Jefferson City Submarine Committee, June 12 and September 12, 2012 d. Council Committee on Administration, August 22, 2012 Mayor Struemph thanked the citizens who volunteer their time and expertise on these boards and commissions. 2 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 COUNCIL COMMITTEE REPORTS Administration Committee — Councilwoman Carrie Carroll announced that the next meeting would be Wednesday, October 24 at 8:00 A.M. Finance Committee - Councilman Shawn Schulte announced that next Finance Committee meeting is scheduled for Tuesday, October 23 at 7:30 A.M. Public Safety Committee — Councilman Bryan Pope announced that the next will be held on Thursday, November 1, 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, October 18 at 7:30 A.M. Other Committee and Liaison Reports — Councilman Larry Henry reported on recent JCTV Steering Committee meetings and announced the next meeting will be held on Thursday, October 4 at 2:00 P.M. APPOINTMENTS BY THE MAYOR Mayor Struemph recommended the following appointments to the Council for their approval: a. Appointments to City Boards and Commissions: Planning & Zoning (alternates): Kevin Thoenen Ron Fitzwater May 2013 May 2013 Partial Partial Transportation & Traffic Commission: Tim Diemler Ryan Towner June 2014 June 2014 Partial Partial Board of Adjustment (Alt) Robert Gammon Sept 2013 Partial A motion was made by Councilman Bryan Pope for approval of the appointments as recommended, seconded by Councilman Rick Mihalevich, and approved unanimously. 3 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Police Chief Roger Schroeder introduced the following new Police Officers to the Mayor and City Council: a. Brian Festog b. Michael lrey PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS a. City Counselor Drew Hilpert introduced the new Associate City Counselor, Jeremy Cover, to the Mayor and City Council. Parks, Recreation and Forestry Department Director Bill Lockwood presented the Annual Report of the Parks and Recreation Commission. c. Melody Green, Chairman of the USS Jefferson City Submarine Committee, made a brief presentation regarding the October 17 -22 visit of USS Jefferson City crew members to Jefferson City. d. Mr. Rick Eastman, AmerenUE, made a presentation regarding the issue of Small Modular Reactors and the economic development impact it could have for Missouri, and specifically Central Missouri. He stated an announcement will be made after the November 6 election about the location of that project. Following his presentation, he answered questions asked by the Mayor and Council. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Fire Chief Robert Rennick made a brief presentation reminding the Mayor, Council, and citizens of the events which will occur this week associated with the 100th anniversary of the City's Fire Department PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Brandon Swyers, First Student Transportation Services, distributed a handout and made a presentation regarding Bill 2012 -79 pertaining to parking on a portion of Norman Drive. He asked the Council to consider a compromised as illustrated in his handout which he believed wouldn't create quite as much hardship on First Student while still meeting the needs of the FedEx terminal. 4 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Mr. Bob Boldt made a presentation regarding Bill 2012 -76 which would amend the Code pertaining to noise. He is opposed to the ordinance as it is written and stated his reasons for his opposition. Mr. Michael Brownstein made a presentation regarding Bill 2012 -76 (noise ordinance) and also stated his opposition to the bill as written. He stated he would prefer that the time for the limitations be until 9:00 p.m. rather than 10:00 p.m., and that the decibel levels during that time be reduced to 65 decibels, with spikes at 75 decibels. Ms. Audrey Smollen also made a presentation stating her opposition to Bill 2012 -76 (noise ordinance) as written and provided information she had compiled regarding similar regulations in other cities. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of City Council Meetings: September 13 and September 17, 2012 b. Approving Nathan Nickolaus as Employer Representative to LAGERS A motion was made by Councilwoman Carrie Carroll for approval of the Consent Agenda as presented, seconded by Councilman Rick Prather, and approved unanimously. BIDS OVER $50,000 There were no bids over $50,000 brought forward at this time. BILLS INTRODUCED Bill 2012 -74, 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 2.07 ACRES FROM A COMBINATION OF C -1, NEIGHBORHOOD COMMERCIAL, AND RU, RURAL USE, TO RS -2, LOW DENSITY RESIDENTIAL, AND RU, RURAL USE, FOR LAND ADDRESSED AS 3110 ALGOA ROAD, DESCRIBED AS PART OF SURVEY NO. 2680 AND PART OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. 5 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Bill 2012 -75, 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 4.25 ACRES FROM C -2, GENERAL COMMERCIAL, AND PUD, PLANNED UNIT DEVELOPMENT, TO C -O, OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 305 AND 307 FLORA DRIVE, DESCRIBED AS PART OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -76, sponsored by Councilman Bray, entitled: AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 35 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING NOISE GENERATION REGULATIONS. A lengthy discussion was held regarding this issue. Staff will be providing the Council information they requested before the issue is voted on at the October 15 meeting. Bill 2012 -77, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 14725. Bill 2012 -78, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HOUCK TRANSIT ADVERTISING. Bill 2012 -79, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING SECTION 19 -401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO A PORTION OF NORMAN DRIVE. 6 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Bill 2012 -80, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING SECTION 19 -401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (0), (PARKING TIME LIMIT ZONES), SUBPARAGRAPH (F), TIME ZONE F, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY MODIFYING A PORTION OF 700 BLOCK OF WEST MAIN STREET. Bill 2012 -81, 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 WICKER LANE. Bill 2012 -82, 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 VARIOUS ACCOUNTS FOR FUEL AND PARTS. BILLS PENDING 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 -70 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15020: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None 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 7 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 ENTERPRISES, LLC, FOR THE SIDEWALK REPAIR PROJECT ON DUNKLIN, JACKSON, HIGH, AND MCCARTY STREETS. Bill 2012 -71 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15021: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Prather, Schulte, and Scrivner Nay: Pope 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. Bill 2012 -73 was read third time by title and placed on final passage. A motion was made by Councilman Bryan Pope to accept the substitute Bill 2012 -73 which was previously distributed, seconded by Councilman Shawn Schulte, and approved unanimously. Bill 2012 -73 was then passed, as substituted, by the following roll -call vote as Ordinance 15022: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner 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, where it dies 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 8 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 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 -50 remain on the Informal Calendar, where it dies at this time. RESOLUTIONS RS2012 -10 (Schulte) A RESOLUTION AUTHORIZING AN AGREEMENT WITH UNITED HEALTHCARE FOR GROUP HEALTH INSURANCE. A motion for adoption was made by Councilman Rick Prather, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None RS2012 -11 (Schulte) A RESOLUTION AUTHORIZING ACCEPTANCE OF GUARDIAN FOR GROUP DENTAL, LIFE, LONG TERM DISABILITY (LTD), VISION, ACCIDENT, AND CRITICAL ILLNESS WITH CANCER INSURANCES, AND PLAN SOURCE BENEFIT TRACKING A motion for adoption was made by Councilman Bill Luebbert, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None RS2012 -12 (Scrivner) A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI, IN SUPPORT OF SAFE ROUTES TO SCHOOLS PROGRAM GRANT APPLICATION 9 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 A motion for adoption was made by Councilman Ralph Bray, seconded by Councilwoman Carrie Carroll, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None RS2012 -13 (Schulte) A RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL WITH COMMONWEALTH INSURANCE COMPANY OF AMERICA FOR PROPERTY INSURANCE A motion for adoption was made by Councilman Larry Henry, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None RS2012 -14 (Schulte) A RESOLUTION AUTHORIZING AN ACCEPTANCE OF THE PROPOSAL WITH MOPERM FOR LIABILITY INSURANCE A motion for adoption was made by Councilwoman Carrie Carroll, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Schulte, and Scrivner Nay: Prather RS2012 -15 (Scrivner) A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI, IN SUPPORT OF TRANSPORTATION ENHANCEMENT FUNDS PROGRAM GRANT APPLICATIONS A motion for adoption was made by Councilman Bryan Pope, seconded by Councilman Larry Henry, and approved unanimously by the following roll -call vote: 10 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Charles Gaskin made a presentation in which he stated that, in his opinion, building a conference center in Jefferson City will bring about a financial crisis for the City. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. NEW BUSINESS Chief Roger Schroeder made a presentation about the depository which has been installed in the Police Department lobby for citizens to drop off their prescription and over the counter drugs to be disposed of properly. UNFINISHED BUSINESS There was no unfinished business brought forward. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Bill Luebbert to approve the September 17, 2012 Closed Session Minutes, seconded by Councilwoman Carrie Carroll, and approved unanimously by the following roll -call vote: 11 REGULAR COUNCIL MEETING, OCTOBER 1, 2012 Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None 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: Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Rick Mihalevich to go into Closed Session for the above - stated topics, seconded by Councilman Ralph Bray, and approved by the following roll -call vote at 8:35 P.M.: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Prather, Schulte, and Scrivner Nay: Pope