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Home My Public Portal About20120521REGULAR COUNCIL MEETING MAY 21, 2012 1 CALL TO ORDER The Regular Council Meeting of May 21, 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 Weber Absent: Scrivner A quorum was declared present. MISCELLANEOUS AGENDA ITEMS There were no miscellaneous items to present at this time. PUBLIC HEARINGS a. Rezoning 0.34 Acres for Property Addressed as 2827 S. Ten Mile Drive from RS -1 to C -1 A staff presentation was made by Janice McMillan providing background information and details of the requested rezoning. At the conclusion of the staff presentation, no one came forward to speak on the matter: Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2012 -15, 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 0.34 ACRES FROM RS -1 LOW DENSITY RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 2827 SOUTH TEN REGULAR COUNCIL MEETING MAY 21, 2012 2 MILE DRIVE, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -15 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14967: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Rezoning 8.5 Acres Located in the 300 Block of Hoover Road from RA -2 to PUD A staff presentation was made by Janice McMillan providing background information and details of the requested rezoning. At the conclusion of the staff presentation, the following persons came forward to speak on the matter: In favor: Mr. Mike Bates, Central Missouri Professional Services, stated he is in favor of both issues associated with Bills 2012 -16 and 2012 -17 (the next public hearing item) and made himself available to answer any questions. There were no questions asked of Mr. Bates. As no one else came forward to speak, Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2012 -16, 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 8.5 ACRES OF LAND LOCATED IN THE 300 BLOCK OF HOOVER ROAD FROM RA -2 HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, DESCRIBED AS PART OF LOT 5 OF CHERRY CREEK SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -16 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14968: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber REGULAR COUNCIL MEETING MAY 21, 2012 3 Nay: None c. Authorizing a Preliminary PUD Plan for Property Located in the 300 Block of Hoover Road A staff presentation was made by Janice McMillan providing background information and details of the PUD plan. At the conclusion of the staff presentation, no one came forward to speak on the matter. Mayor Eric Struemph declared the evidentiary portion of the public hearing concluded, and announced that the Council will now take up the associated pending bill. Bill 2012 -17, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY LOCATED IN THE 300 BLOCK OF HOOVER ROAD; DESCRIBED AS PART OF LOT 5 OF CHERRY CREEK SECTION ONE, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -17 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14969: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, 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 April 2012 b. Board of Electrical Examiners and Review, March 7, 2012 c. Storm Water Quality Advisory Committee, April 5, 2012 d. Finance Reports for March 2012 e. CAMPO Technical Committee, April 5, 2012 f. Planning and Zoning Commission, April 12, 2012 g. Historic Preservation Commission, April 10, 2012 h. Cultural Arts Commission, April 17, 2012 Mayor Struemph thanked all the citizens who give their time and efforts to serve on City boards and commissions. REGULAR COUNCIL MEETING MAY 21, 2012 4 COUNCIL COMMITTEE REPORTS Administration Committee - Councilwoman Carrie Carroll announced that the next meeting would be Wednesday, June 6 at 8:00 A.M. Finance Committee - Councilman Shawn Schulte reported on sales tax revenues, and announced that the next meeting will be held on Tuesday, May 22 at 7:30 A.M. Public Safety Committee - Councilman Bryan Pope reported on the meeting that was held on May 17. Public Works & Planning Committee - Councilman Bob Weber, Vice Chairman, announced that the next meeting will be held on Thursday, May 24 at 7:30 A.M. Other Committee and Liaison Reports - Councilman Shawn Schulte reported on the meeting of the Airport Advisory Committee and gave year -to -date operation numbers which, he explained, were higher than the numbers for the Columbia Regional Airport during the same period. APPOINTMENTS BY THE MAYOR There were no appointments recommended for approval at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Steve Veile made an announcement regarding the Landmark Awards and explained the function of the Historic City of Jefferson organization in the City. He then presented the Mayor with a $1,000 check donated by the HCJ to be used toward the application process for the Moreau National Historic Registry. Mayor Eric Struemph thanked Mr. Veile and the HCJ for their donation and their efforts to improve the City. Mr. Dave Griffith and Mr. Brian Coulter made an announcement regarding the upcoming Mayor's Cup Golf Tournament event which is an annual fund raiser started by former Mayor John Landwehr. They thanked Mayor Eric Struemph for continuing this event. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Administrator Nathan Nickolaus announced that a Council Work Session will be held on Tuesday, May 29 at 5:30 P.M. Councilwoman Carrie Carroll announced that there are now six recycle containers in the REGULAR COUNCIL MEETING MAY 21, 2012 5 downtown business district and commended staff on their efforts to get those placed. Fire Chief Rennick announced the dates for this year's Summer Fire School which is held in Jefferson City. Police Captain Robert Cynova announced that the Animal Shelter's Open House event is scheduled for June 3, and that the construction should be completed right on schedule. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS The following persons made presentations indicating their reasons for urging the Council to pass Bill 2012 -6 (Fire Improvement Plan sales tax): Mr. Scott Spencer Ms. Tisha Spencer Mr. Gary Dey Mr. Charles Gaskin Mr. Kurt Williams Mr. Phil McKee Following their presentations, the Council was allowed to ask questions of the presenters. CONSENT AGENDA The following items were brought before the Council for approval by consent: a. Minutes of May 3 and May 7, 2012 City Council Meetings b. Bid 2599 — Revised — Traffic Marking Paint c. Bid 2603 — Transit Bus Shelters A motion was made by Councilman Bill Luebbert for approval of the Consent Agenda as presented, seconded by Councilman Rick Prather, and approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None BIDS OVER $50,000 REGULAR COUNCIL MEETING MAY 21, 2012 6 The following bids were brought before the Council for approval: a. Bid 2608 — Replacement, Heavy Duty Truck with Crane (sent to Council 5/11) b. Bid SS2616 — L -1 Facial Recognition Technology (sent to Council 5/14) A motion was made by Councilman Bob Weber to approve the bids as presented, seconded by Councilman Bryan Pope, and approved unanimously. BILLS INTRODUCED Bill 2012 -26, 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 -27, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT AND THE EXPENDITURE OF FUNDS FOR PURCHASE OF PROPERTY RELATED TO THE CONSTRUCTION OF THE NEW COLE JUNCTION PUMP STATION, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. Bill 2012 -28, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING THE SOUTHSIDE TAX INCREMENT FINANCING REDEVELOPMENT PLAN FOR THE E. DUNKLIN STREET REDEVELOPMENT PROJECT. BILLS PENDING Bill 2012 -4, sponsored by Councilman Schulte, entitled: AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR MODERN LITHO -PRINT CO. IN CONNECTION WITH THE PROPOSED ISSUANCE BY THE CITY OF JEFFERSON, MISSOURI, OF ITS TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 TO FINANCE THE COSTS OF SUCH PROJECT. Bill 2012 -4 was read third time by title, placed on final passage and passed by the following REGULAR COUNCIL MEETING MAY 21, 2012 7 roll -call vote as Ordinance 14959: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -5, sponsored by Councilman Schulte, entitled: AN ORDINANCE AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (MODERN LITHO -PRINT CO. PROJECT), SERIES 2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 TO PAY THE COSTS OF A PROJECT FOR MODERN LITHO -PRINT CO., A MISSOURI CORPORATION, THAT WILL INCLUDE THE ACQUISITION AND INSTALLATION OF AN OFFSET PRESS AT THE EXISTING FACILITY LOCATED IN THE CITY; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Bill 2012 -5 was read third time by title, placed on final passage and passed, as previously substituted at the May 7, 2012 Council meeting, by the following roll -call vote as Ordinance 14960: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -6, sponsored by Councilman Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ELIMINATING THE PROPERTY TAX LEVIED FOR THE FIREMAN'S PENSION FUND, CURRENTLY $0.0961, APPROXIMATELY SEVENTEEN PERCENT (17 %) OF THE CITY'S TOTAL PROPERTY TAX, AND AUTHORIZING IN LIEU THEREOF A JEFFERSON CITY FIRE DEPARTMENT IMPROVEMENT SALES TAX AT THE RATE OF ONE - FOURTH OF ONE PERCENT (1/4 %), THE COLLECTION AND USE THEREOF FOR IMPROVEMENT OF THE JEFFERSON CITY FIRE DEPARTMENT, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON AUGUST 7, 2012. Bill 2012 -6 was read third time by title and placed on final passage. A motion was made by Councilman Rick Mihalevich to accept the Substitute Bill 2012 -6 he has proposed and which was previously distributed to the Council, seconded by Councilman Larry Henry. Following an explanation of the language in the substitute bill by City Counselor Drew Hilpert, a document was also distributed which listed the funding categories as established by the Fire Department. Councilman Bryan Pope stated that as the primary sponsor of the bill, he had no problems with the language in the substitute bill. REGULAR COUNCIL MEETING MAY 21, 2012 8 A motion was made by Councilman Ralph Bray, seconded by Councilman Bob Weber, to take a brief recess at this time to allow the Council time to review the documents just distributed. Motion to recess was approved unanimously at 7:00 P.M. RECONVENE The following Council Members were present when the meeting was reconvened at 7:09 P.M. by Mayor Eric Struemph: Present: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Absent: Scrivner BILLS PENDING - CONTINUED Discussion of Pending Bill 2012 -6 continued. The motion to accept the Substitute Bill 2012 -6 was then approved unanimously by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Following a lengthy question and answer period and Council debate and discussion, Bill 2012 -6 was then passed, as substituted, as Ordinance 14961 by the following roll -call vote: Aye: Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, and Weber Nay: Bray and Schulte Bill 2012 -7, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A SANITARY SEWER EASEMENT ON JCMG SITE AT 1241 WEST STADIUM BOULEVARD. Bill 2012 -7 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14962: REGULAR COUNCIL MEETING MAY 21, 2012 9 Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -9, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH LEON AND TEDDY HELLEBUSCH FOR THE PURPOSE OF FARMING CITY -OWNED PROPERTYAT CORTEZ AND NO MORE VICTIMS ROAD. Bill 2012 -9 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14963: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -10, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CLARIFYING TRANSIT SYSTEM OPERATIONS. Bill 2012 -10 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14964: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -13, sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF MICHIGAN STREET. Bill 2012 -13 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14965: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None REGULAR COUNCIL MEETING MAY 21, 2012 10 Bill 2012 -14, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC, FOR THE DIX ROAD AT W. MAIN STREET STORMWATER AND THE AUTUMN LANE STORMWATER PROJECT. Bill 2012 -14 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14966: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -18, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DESIGNATING THE PROPERTIES SELECTED BY THE HISTORIC PRESERVATION COMMISSION FOR THE 2012 LANDMARK AWARDS. Bill 2012 -18 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14970: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -19, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING SECTION 7 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO POWERS AND DUTIES OF THE ENVIRONMENTAL QUALITY COMMISSION. Bill 2012 -19 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14971: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -20, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY RELOCATING VARIOUS BUILDING PERMIT FEES FROM CHAPTER 8 TO SCHEDULE Y. Bill 2012 -20 was read third time by title, placed on final passage and passed by the REGULAR COUNCIL MEETING MAY 21, 2012 11 following roll -call vote as Ordinance 14972: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -21, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO BUILDING CODES. Bill 2012 -21 was read third time by title, placed on final passage and passed, as previously substituted at the May 7, 2012, Council meeting, by the following roll -call vote as Ordinance 14973: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -22, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 13, ARTICLE III, FIRE PREVENTION CODE. Bill 2012 -22 was read third time by title, placed on final passage and passed, as previously substituted at the May 7, 2012, Council meeting, by the following roll -call vote as Ordinance 14974: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -23, 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 WITHIN THE GENERAL FUND. Bill 2012 -23 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14975: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and REGULAR COUNCIL MEETING MAY 21, 2012 12 Weber Nay: None Bill 2012 -24, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI BUILDERS SERVICES FOR ROOF REPLACEMENT ON FIRE STATION #3. Bill 2012 -24 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14976: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None Bill 2012 -25, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REVISING THE PROCEDURE FOR SPECIAL TAX BILLS. Bill 2012 -25 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14977: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar. RESOLUTIONS RS2012 -4 Renewal of Funding Agreement with HUD (Scrivner) A motion was made by Councilman Bryan Pope for adoption of RS2012 -4 as presented, seconded by Councilman Bob Weber, and approved unanimously by the following roll -call vote: REGULAR COUNCIL MEETING MAY 21, 2012 13 Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Deetrilynn Galbreath made a presentation stating she believes the youth of the City need more programs made available that will hold their interest to help prevent them from being involved in negative or even criminal activities. Following her presentation, Mayor Eric Struemph asked Parks and Recreation Bill Lockwood and Police Captain Robert Cynova to contact Ms. Galbreath and provide her with information about youth activities available. Mr. Wendell Ahlefeld made comments regarding a sewage back -up he experienced at his residence outside the City. Mr. Steve Steck made comments and distributed documents and pictures of a sewage backup at his property outside the City. Following Mr. Ahlefeld's and Mr. Steck's presentations, Mayor Eric Struemph asked Wastewater Division Director Eric Seaman to look into the issue. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. NEW BUSINESS There was no new business brought up at this time. REGULAR COUNCIL MEETING MAY 21, 2012 UNFINISHED BUSINESS There was no unfinished business brought forward. APPROVAL OF CLOSED SESSION MINUTES 14 A motion was made by Councilman Shawn Schulte to approve the May 7, 2012, Closed Session minutes, seconded by Councilman Larry Henry, and approved unanimously. GO INTO CLOSED SESSION Mayor Eric 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: a. Legal Actions [Sec. 610.021.(1)] A motion was made by Councilman Rick Prather to go into Closed Session for the above - stated reason, seconded by Councilman Rick Mihalevich, and approved by the following roll -call vote at 8:15 P.M. Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: None