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Home My Public Portal About201212171 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 CALL TO ORDER The Regular Council Meeting of December 17, 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 There were no items brought up at this time. PUBLIC HEARINGS a. TIF Five -Year Public Hearing Planning and Protective Services Director Janice McMillan made a presentation regarding the property located at 900 and 902 E. High Street which is the subject of the TIF continuation. Following the staff presentation, the following persons came forward to speak on the issue. In favor: Mr. Sam Donehue, owner of the subject building, requested that the Council approve continuation of the TIF. As no one else came forward to speak on the issue, Mayor Eric Struemph stated that the Council wished to take up the associated Resolution RS2012 -20 at this time. 2 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 RS2012 -20 Supporting Continuation of E. High Street Tax Increment Financing Plan (Schulte) A motion was made by Councilman Shawn Schulte to adopt RS2012 -20, 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 b. Rezoning 8.29 Acres at 1404 Karen Drive from RS -4 to PUD and Associated Comprehensive Plan Amendment and c. Preliminary PUD Plan for Land Addressed as 1404 Karen Planning and Protective Services Director Janice McMillan made a staff presentation on both issues as they are related. Following her presentation, she answered questions asked by the Council. At the conclusion of staff testimony, the following persons came forward to speak on the issues: In favor: Mr. Shannon Block, owner of the property Mr. Mike Bates, Central Missouri Professional Services, representing the property owner In opposition: Ms. Karen Elliott Ms. Karen Wisch Mr. Tyler Woods At the conclusion of the public testimony, Mayor Struemph announced that the Council would now take up associated pending Bills 2012 -113 and 2012 -114. 2012 -113, 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 8.29 ACRES FROM RS -4 MEDIUM DENSITY 3 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, FOR PROPERTY ADDRESSED AS 1404 KAREN DRIVE, DESCRIBED AS PART OF LOT 16 OF BOSCH'S SUBDIVISION, PART OF OUTLOTS 71 AND 72, ADJACENT VACATED WATER STREET RIGHT -OF -WAY, AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -113 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15060: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -114, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR 8.29 ACRES OF LAND ADDRESSED AS 1404 KAREN DRIVE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -114 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance15061: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Schulte, Scrivner, and Weber Nay: Prather d. Rezoning 3.49 Acres at 1850 Route C from PUD to C -2 Planning and Protective Services Director Janice McMillan made a staff presentation on the proposed rezoning. Following her presentation, she answered questions asked by the Council. At the conclusion of staff testimony, the following persons came forward to speak on the issues: In favor: Mr. Mike Bates, Central Missouri Professional Services, representing the property owner 4 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 As no one else came forward to speak on the issue, Mayor Eric Struemph announced that the Council will now take up the associated pending Bill 2012 -115. 2012 -115, 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 3.49 ACRES FROM PUD PLANNED UNIT DEVELOPMENT TO C -2 GENERAL COMMERCIAL, FOR LAND ADDRESSED AS 1850 ROUTE C, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -115 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15062: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 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. Animal Control Section Monthly Report for November, 2012 b. Public Works & Planning Committee, October 18, 2012 c. CAMPO Technical Committee, September 6, 2012 d. October Finance Reports e. Housing Authority Board of Commissioners, October 16, 2012 f. JCTV Steering Committee, October 25, 2012 *Councilman Bob Weber left the meeting at this point (6:55 P.M.) to attend another meeting as he had announced in the Pre - Meeting. COUNCIL COMMITTEE REPORTS Administration Committee — Councilwoman Carroll announced that the next meeting will be held Wednesday, January 23 at 8:00 A.M. 5 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 Finance Committee - Councilman Shawn Schulte announced that next Finance Committee meeting is scheduled for Tuesday, January 22, at 7:30 A.M. Public Safety Committee — Councilman Bryan Pope announced that the next meeting will be Thursday, January 3, immediately following the Brown Bagel work session. Public Works & Planning Committee — Councilman Bob Scrivner announced that the next meeting will be held on Thursday, January 24, at 7:30 A.M. Other Committee and Liaison Reports — Councilman Larry Henry reported on topics discussed at recent JCTV Steering Committee meetings, and announced that Committee plans to hold two meetings next month on Thursday, January 10, and Thursday, January 24, both at 2:00 P.M. APPOINTMENTS BY THE MAYOR Mayor Eric Struemph announced that the following appointments have been recommended for approval: BOARD OR COMMISSION APPOINTEE TERM EXPIRES TERM STATUS Parks and Recreation Commission Darryl Winegar May 2013 Partial A motion was made by Councilman Shawn Schulte for approval of the recommended appointment, seconded by Councilman Bob Scrivner, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF No announcements were made. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS No presentations were made at this time. 6 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of City Council Meetings: November 29 and December 4, 2012 b. Bid 2645 — Protective Clothing, Fire Department c. Authorizing Change Order No. 1 to Contract with Bartlett and West for Frog Hollow Road and Bridges Design Authorizing Permissive Use for Right -of -way at 210 and 212 Marshall Street e. Renewal (Year One) Q1352 Lease with Leon Hellebusch for Farm Land A motion was made by Councilman Bob Scrivner for approval of the Consent Agenda as presented, seconded by Councilman Bill Luebbert, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None BIDS OVER $50,000 a. Bid 2644 — Fire Service Breathing Air System, Fire Dept. A motion was made by Councilman Shawn Schulte for approval of Bid 2644, seconded by Councilman Rick Mihalevich, and approved unanimously. BILLS INTRODUCED 2012 -118, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2012- 2013 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE CITY CLERK ELECTIONS FUND. 2012 -119, sponsored by Councilwoman Carroll, entitled: 7 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL REGARDING THE USE OF E -MAIL AND SOCIAL MEDIA. 2012 -120, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE TO REMOVE CODE SECTION REFERENCE IN TRAFFIC SCHEDULES. 2012 -121, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING SECTIONS 7 -271, (MEMBERSHIP) AND 7 -272 (TERM OF MEMBERSHIP) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE TAX INCREMENT FINANCING COMMISSION. 2012 -122 was withdrawn before introduction. 2012 -123, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT FOR THE BENEFIT OF GARY W. POFF AND KATHLEEN C. POFF. Councilman Scrivner requested that the rules be suspended and Bill 2012 -123 be voted on tonight to accommodate the property owners who wished to clear up a title issue. There were no objections to suspending the rules. Bill 2012 -123 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 15065: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None 2012 -124, 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 CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES. 2012 -125, sponsored by Councilwoman Carroll, entitled: 8 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO MEMBERSHIP OF FA9ADE IMPROVEMENT COMMITTEE. 2012 -126, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, REQUIRING MARKERS FOR NEW GRAVES IN LONGVIEW CEMETERY AND AMENDING THE FEE FOR A CEMETERY LOT. 2012 -127, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED AT 2239 AND 2243 RIDGE ROAD; DESCRIBED AS LOTS 28, 29 AND PART OF LOT 30, LONGVIEW SUBDIVISION, IN THE COUNTY OF COLE, STATE OF MISSOURI; AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. 2012 -128, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI AMERICAN WATER COMPANY FOR THE SALE OF LOT 6, SECTION 2, OF THE CHERRY CREEK SUBDIVISION. Councilman Scrivner requested that the rules be suspended and Bill 2012 -128 be voted on tonight to accommodate Missouri American Water who wished to close on this property before the end of the year. There were no objections to suspending the rules. Bill 2012 -128 was read second and third times by title, placed on final passage and passed by the following roll -call vote as Ordinance 15066: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None BILLS PENDING 2012 -116, sponsored by Councilman Mihalevich, entitled: 9 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF LAGE RIDGE SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2012 -116 was read third time by title and placed on final passage. Councilman Rick Mihalevich made a motion to accept the Substitute Bill 2012 -116 previously distributed to the Council, seconded by Councilman Larry Henry, and approved unanimously. Bill 2012 -116 was then passed, as substituted, by the following roll -call vote as Ordinance 15063: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None 2012 -117, 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 JUNE COURT AND WYATT COURT, LOCATED IN LAGE RIDGE SUBDIVISION SECTION ONE. Bill 2012 -117 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15064: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None INFORMAL CALENDAR 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 leave Bill 2012 -87 on the Informal Calendar where it dies at this time. 10 REGULAR COUNCIL MEETING, DECEMBER 17, 2012 RESOLUTIONS Resolution RS2012 -20 was taken up earlier in the meeting. 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 No comments were made at this time. NEW BUSINESS There was no new business brought before the Council. UNFINISHED BUSINESS There was no unfinished business brought before the Council ADJOURNMENT A motion for adjournment was made by Councilman Rick Prather, seconded by Councilman Larry Henry, and approved unanimously by the following roll -call vote at 7:30 P.M. Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Scrivner Nay: None