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.