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HomeMy Public PortalAbout201211051 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 CALL TO ORDER The Regular Council Meeting of November 5, 2012, was convened at 6:00 P.M. by President Pro Tempore Bob Weber in the absence of 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 Chief Roger Schroeder introduced newly hired Communications Operator Jourdan Stevens. Following his introduction, President Pro Tempore Bob Weber congratulated Ms. Jourdan and welcomed her to the Police Department. Former Mayor Duane Schreimann and Ms. Kathi Harness made a presentation urging citizens to vote in favor of the Meadows by the Club Annexation issue on the November 6 ballot. A presentation of tokens to the Mayor and City Council Members from Romania was made by Dr. Monte Shinkle of Concord Baptist Church. PUBLIC HEARINGS a. Vacation Chestnut Street Right -of -Way Following a staff presentation by Public Works Director Roger Schwartze, the following persons came forward to speak in favor of, or opposition to, the proposed vacation. REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 In favor: 2 Mr. Curtis Creagh, Lincoln University Ms. Sheila Gassner, Lincoln University, read a letter from Ms. Caitlin Bartley who stated that as disabled student at Lincoln University, she is in favor of the vacation which she believed would enhance her safety and accessibility on campus. Ms. Connie Pack, Rehabilitation for the Blind, read a letter from Chris Griggs, stating his reasons for being in favor of the vacation. Mr. Leonard Steinman Opposed: Mr. Alan Mudd Ms. Brenda Rieke Mr. Mark Leesman Mr. Michael VanGundy The Council asked permission to question Lincoln University's Chief of Police, Bill Nelson. Mr. Nelson was granted permission to answer questions about issues regarding the closing of the street. At the conclusion of all public testimony, President Pro Tempore Bob Weber declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. 2012 -87, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A STREET RIGHT -OF -WAY ON CHESTNUT STREET BETWEEN EAST ATCHISON AND EAST DUNKLIN STREET. Councilman Scrivner stated he wished to place Bill 2012 -87 on the Informal Calendar at this time. At the request of Councilwoman Carrie Carroll, Councilman Scrivner removed the bill from the Informal Calendar to allow further Council discussion. Councilwoman Carroll suggested that the City and Lincoln University discuss all the issues mentioned here tonight and reach a consensus. Councilman Bryan Pope requested more data regarding the campus. 3 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 Councilman Scrivner asked if the City can enable Lincoln University to enforce the tickets. Following further lengthy discussion, Councilman Scrivner placed Bill 2012 -87 back on the Informal Calendar. MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Weber announced that the following minutes and reports have been received and are on file for review in the City Clerk's office: a. JCTV Steering Committee, September 27 and October 4, 2012 b. Council Committee on Administration, September 26, 2012 c. September, 2012, Finance Reports d. Public Works & Planning Committee, July 19, August 23, and September 25, 2012 e. Cemetery Resources Board, August 23, 2012 f. Housing Authority Board of Commissioners, September 25, 2012 g. CAMPO Board of Directors, August 15, 2012 COUNCIL COMMITTEE REPORTS Administration Committee — Councilwoman Carrie Carroll announced that the next meeting would be Wednesday, November 28, at 8:00 A.M. Finance Committee - Councilman Shawn Schulte announced that next Finance Committee meeting is scheduled for Tuesday, November 27, at 7:30 A.M. Public Safety Committee — Councilman Bill Luebbert, Vice Chairman, presided at the last meeting, and announced that the next meeting will be held on Thursday, November 29, 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, November 29, at 7:30 A.M. Other Committee and Liaison Reports — Councilman Larry Henry made a report on the JCTV Steering Committee meetings, and announced their next meeting scheduled for Thursday, November 29 at 2:00 P.M. 4 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 APPOINTMENTS BY THE MAYOR President Pro Tempore Weber recommended the following appointments to the Council for their approval: a. Electrical Board Appointments i. James Gooch, Full Term to Expire Sept. 2015 ii. Richard Green, Full Term to Expire Sept. 2015 iii. Sam Thomas, Full Term to Expire Sept. 2015 Other Board, Commission, and Committee Appointments: b. BOARD OR COMMISSION Cultural Arts Environmental Quality Commission: Housing Authority Board Historic Preservation Commission: APPOINTEE Stephanie Angerer Joseph Winklemann Gary Wheeler Larry Vincent Matt Alsager Bill Case Ed Meyers Jane Moore TERM EXPIRES Mar 2015 Nov 2017 Nov 2017 Nov 2016 Dec 2015 Dec 2015 Dec 2015 Dec 2015 TERM STATUS Partial Full Full Full Full Full Full Full A motion was made by Councilman Ralph Bray for approval of all appointments as recommended, seconded by Councilwoman Carrie Carroll, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Jason Turner, Fire Division Chief of Prevention, reported on the status of Missouri Task Force 1 recently deployed to the east coast to assist in the aftermath of Hurricane Sandy. He also announced that the open burning season begins November 15 and gave guidelines by which citizens are regulated when burning during that period. Roger Schwartze introduced Mr. Jack Dillingham of Piper - Jaffray & Co. who made a presentation regarding the State Revolving Fund Direct Loan and sewer revenue bond issue before the Council tonight. He answered several questions asked by staff and the City Council. 5 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Councilwoman Carrie Carroll commended Michelle Gleba on the City's Facebook Page which was mentioned by Rev. Shinkle earlier in the meeting when noting that residents in Romania follow the City on its Facebook page. City Administrator Nathan Nickolaus reminded everyone that tomorrow is election day and encouraged everyone to vote, and to check their voting cards to make sure they know which voting precinct at which they are to vote. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Audrey Smollen made comments regarding Bill 2012 -76 (noise regulations). Mr. Michael Brownstein also made comments regarding Bill 2012 -76 (noise regulations). Ms. Shelly Klebba, Convention and Visitors Bureau, made comments in support of the Council's new "contract measurement" method by which the CVB will be monitored. *Councilman Bob Scrivner left the Council Chambers at this time. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of City Council Meetings: October 8, October 11, and October 15, 2012 b. Change Order No. 1 with Horner & Shifrin, Inc., for Hayselton Pump Station Design c. Change Order No. 3 with Donohue & Associates for Cole Junction Pump Station Design d. Change Order No. 3 with Concrete Engineering for Autumn Lane Project e. Change Order No. 2 with Architect Alliance for Animal Shelter Project f. Renewal (Year 4) — Agricultural Lease Agreement with Fischer Grain Farms for Airport and Wastewater Lands A motion was made by Councilman Rick Prather for approval of the Consent Agenda as presented, seconded by Councilman Ralph Bray, and approved by voice vote, with Councilman Bob Scrivner out of the Council Chambers at the time of the vote. BIDS OVER $50,000 6 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 There were no Bids Over $50,000 brought before the Council. BILLS INTRODUCED 2012 -94, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COLE COUNTY COLLECTOR FOR PROPERTY TAX COLLECTION SERVICES. 2012 -95, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY CONVENTION AND VISITORS BUREAU. *Councilman Scrivner returned to the Council Chambers during the staff presentation of Bill 2012 -95 2012 -96, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE 2012 -2013 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE PLANNING AND PROTECTIVE SERVICES DEPARTMENT. Councilwoman requested that the rules be suspended and bill 2012 -96 placed on final passage. There were no objections to the request to suspend the rules. Bill 2012 -96 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 15042: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -97, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. 7 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 2012 -98, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR CEMETERY MAINTENANCE WITH LAMBERSON'S LAWN CARE 2012 -99, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. 2012 -100, sponsored by Councilman Luebbert, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2012- 2013 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING FUNDS WITHIN THE ANIMAL SHELTER RESERVE ACCOUNT. 2012 -101, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH GOODWIN BROTHERS CONSTRUCTION TO CONSTRUCT THE COLE JUNCTION PUMP STATION UPGRADE. 2012 -102, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ROSETTA CONSTRUCTION, LLC, TO CONSTRUCT THE COLE JUNCTION FORCE MAIN. 2012 -103, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROMISSORY NOTE WITH THE 8 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 FIREMAN'S PENSION FUND, ACTING BY, AND THROUGH, ITS BOARD OF TRUSTEES. 2012 -104, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., FOR DESIGN WORK AT THE JEFFERSON CITY MEMORIAL AIRPORT. BILLS PENDING 2012 -83, sponsored by Councilman Schulte, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE UTILITY CAP EXEMPTION. Bill 2012 -83 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15035: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -85, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2012 -83 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15036: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 9 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 2012 -86, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH USIC LOCATING SERVICE, INC., FOR WASTEWATER UTILITY LOCATING SERVICES. Bill 2012 -86 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15037: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -88, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ESTABLISHING TAXI CAB LOADING ZONES ON MONROE STREET AND COMMERCIAL WAY. Bill 2012 -88 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15038: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -90, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $15,000,000 PRINCIPAL AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS (STATE OF MISSOURI — DIRECT LOAN PROGRAM) SERIES 2012 OF THE CITY OF JEFFERSON, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S SEWERAGE SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CITY TO FACILITATE AND PROTECT THEIR PAYMENT AND PRESCRIBING OTHER RELATED MATTERS. Bill 2012 -90 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15039: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 10 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 2012 -91, sponsored by Councilman Schulte, entitled: AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR UNILEVER MANUFACTURING (US), INC., A DELAWARE CORPORATION, CONSISTING OF THE ACQUISITION AND INSTALLATION OF NEW EQUIPMENT AT THE EXISTING PLANT; AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (UNILEVER MANUFACTURING (US), INC. PROJECT), SERIES 2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $23,280,000 TO FINANCE THE COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Bill 2012 -91 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15040: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -92, sponsored by Councilman Schulte, entitled: AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR ALPLA, INC., A GEORGIA CORPORATION, CONSISTING OF THE ACQUISITION AND INSTALLATION OF NEW EQUIPMENT AT THE EXISTING PLANT; AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (ALPLA, INC. PROJECT), SERIES 2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 TO FINANCE THE COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Bill 2012 -92 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 -92 previously distributed to the Council, seconded by Councilman Ralph Bray, and approved unanimously. Bill 2012 -92 was then passed, as substituted, by the following roll -call vote as Ordinance 15041: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 11 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 INFORMAL CALENDAR 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. Councilman Bray requested that Bill 2012 -76 be removed from the Informal Calendar and placed on final passage at this time. Bill 2012 -76 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 -76 previously distributed to the Council, seconded by Councilman Larry Henry, and approved unanimously. City Counselor Drew Hilpert explained the changes made in the substitute version of the bill. A motion was made by Councilman Bryan Pope to amend the Substitute Bill 2012 -79 by changing the hours of operation to 9:00 P.M. seven days per week. The motion died for lack of a second. Following a lengthy discussion, Bill 2012 -76 was then passed, as substituted, by the following roll -call vote as Ordinance 15033: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Pope 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. Councilman Prather requested that Bill 2012 -79 be removed from the Informal Calendar and placed on final passage at this time. Bill 2012 -79 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 -76 previously distributed to the Council, seconded by Councilman Rick Prather, and approved unanimously. Following a lengthy discussion, Bill 2012 -76 was then passed, as substituted, by the following roll -call vote as Ordinance 15034: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber 12 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 Nay: None RESOLUTIONS RS2012 -18 — Approving Year Five Action Plan for Submission to HUD (Scrivner) A motion for adoption of RS2012 -18 was made by Councilwoman Carrie Carroll, seconded by Councilman Larry Henry, 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. Michael Brownstein made a presentation regarding festival districts and asked who would be responsible for cleaning up an area following a festival district event, and asked to whom citizens should report if that person did not clean up the area. City Administrator Nathan Nickolaus stated that it is the event organizer who is responsible to clean up after the event, and if they do not, the City is the appropriate entity to which he should report. Mr. Leonard Steinman made comments encouraging citizens to honor veterans by participating in Veterans' Day events. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY Councilman Bob Scrivner asked who is responsible for cleaning up after parades. Councilwoman Carroll stated that this has been an issue in the downtown area and she would be happy to share an email with the rest of the Council about the issue. 13 REGULAR COUNCIL MEETING, NOVEMBER 5, 2012 NEW BUSINESS There was no new business brought up at this time. UNFINISHED BUSINESS City Administrator Nathan Nickolaus mentioned the Conference Center RFP and encouraged the Council to contact him if they have any questions after they have had a chance to read the draft document. ADJOURNMENT A motion for adjournment was made by Councilman Bryan Pope, seconded by Councilman Rick Mihalevich, and approved unanimously at 8:55 P.M.