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HomeMy Public PortalAbout201303181 REGULAR COUNCIL MEETING, MARCH 18, 2013 CALL TO ORDER The Regular Council Meeting of March 18, 2013, 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. AMEND AGENDA A motion was made by Councilman Shawn Schulte to amend the agenda to take up Resolution RS2012 -24 immediately after Item #14 ( "Bids Over $50,000 ") on the agenda, seconded by Councilman Bryan Pope, and approved unanimously. MISCELLANEOUS AGENDA ITEMS Mr. Charles Palmer gave a presentation regarding the status of the Lewis and Clark Monument. He stated citizens who wish to attend the meeting of the docents and become involved can go to the Missouri River Regional Library the first Thursday of each month, from 5:30 to 7:00 p.m. Mr. Palmer was thanked by the Mayor and Council for his contribution to the community. Public Works Director Roger Schwartze gave a brief presentation of the City's efforts to deal with the recent snow storms. Following his presentation, he introduced several City staff personnel whose efforts keep the streets safe during hazardous weather, and each person was presented a City Coin by Mayor Struemph who thanked them for their service. PUBLIC HEARINGS 2 REGULAR COUNCIL MEETING, MARCH 18, 2013 Rezoning 0.97 Acres at 2611 Southridge Drive from RS -2 to RA -2 and an associated Comprehensive Plan. Janice McMillan, Director of Planning and Protective Services, gave a presentation with the background of the proposed rezoning. Following the staff presentation, no one came forward to speak in favor of, or opposition to, the proposed rezoning. Mayor Struemph declared the evidentiary portion of the public hearing concluded and stated the Council will now take up the associated pending bill. 2012 -147, 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 0.97 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RA -2 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 2611 SOUTHRIDGE DRIVE, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2012 -147 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15090: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 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. Certification of March 5 Election Results b. Planning & Zoning Commission, December 13, 2012 c. Board of Electrical Examiners & Review, January 9, 2013 d. CAMPO Board, January 16, 2013 e. Council Committee on Administration, January 23, 2013 f. Public Safety Committee, January 31, 2013 g. CAMPO Technical Committee, February 7, 2013 h. Board of Adjustment, February 12, 2013 3 REGULAR COUNCIL MEETING, MARCH 18, 2013 COUNCIL COMMITTEE REPORTS Administration Committee — Councilwoman Carrie Carroll announced that the next meeting would be held Wednesday, March 27, at 8:00 A.M. Finance Committee - Councilman Shawn Schulte announced that next Finance Committee meeting is scheduled for Tuesday, March 26, at 7:30 A.M. Public Safety Committee — Councilman Bryan Pope announced that the next meeting will be Thursday, March 28, immediately following the Brown Bagel work session. Public Works & Planning Committee — Councilman Bob Scrivner announced that the next meeting will be held on Thursday, March 21, at 7:30 A.M. Other Committee and Liaison Reports — No other reports were made at this time. APPOINTMENTS BY THE MAYOR There were no appointments recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF There were no announcements made. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Gloria Enloe made a presentation offering to answer any questions about JCTV operations. Councilman Scrivner asked for an update on the funds raised at recent events, to which Ms. Enloe responded that $6,000.00 had been raised thus far. CONSENT AGENDA The following items were brought before the Council for approval by consent: 4 REGULAR COUNCIL MEETING, MARCH 18, 2013 a. Minutes of City Council Meetings: February 11, February 28, and March 4, 2013 A motion was made by Councilman Bob Scrivner for approval of the Consent Agenda as presented, seconded by Councilman Shawn Schulte, and approved unanimously. BIDS OVER $50,000 There were no bids over $50,000 presented at this time. ITEMS TAKEN UP OUT OF ORDER — RESOLUTIONS RS2012 -24 - Terminating Contract with Lincoln University for JCTV (Schulte) A lengthy discussion was held regarding the issue, including questions directed towards staff regarding the contract status in the event of either approval, or disapproval, of the resolution. At the conclusion of the discussion, Resolution RS2012 -24 was defeated by the following roll -call vote: Aye: Mihalevich, Pope, Schulte, and Scrivner Nay: Bray, Carroll, Luebbert, Mihalevich, Prather, and Weber BILLS INTRODUCED 2012 -149, sponsored by Councilman Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DELETING FROM THE CODE THE TEMPORARY RESTRICTION OF PEDESTRIAN AND BICYCLE TRAFFIC WHICH IS NOW EXPIRED. 2012 -150, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, REGARDING SEWER SERVICE DEPOSITS. 2012 -151, sponsored by Councilman Scrivner, entitled: 5 REGULAR COUNCIL MEETING, MARCH 18, 2013 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR JOINT FUNDING OF THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY WITH THE COUNTY OF COLE 2012 -152, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARR ENGINEERING COMPANY TO EVALUATE AND PROVIDE RECOMMENDATIONS FOR SEWER PRETREATMENT CODES. 2012 -153, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, ASSIGNING THE DUTY TO ADMINISTRATE BANNERS ON UTILITY POLES TO PUBLIC WORKS. BILLS PENDING 2012 -144, sponsored by Councilman Schulte, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO CHARITABLE CORPORATIONS OBTAINING A BUSINESS LICENSE. Bill 2012 -144 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15087: Aye: Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: Bray and Scrivner RECESS Mayor Struemph called for a ten - minute recess at 7:00 P.M. RECONVENE 6 REGULAR COUNCIL MEETING, MARCH 18, 2013 Mayor Struemph reconvened the meeting at 7:10 P.M. with the following Council Members present: Present: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Absent: None BILLS PENDING - CONTINUED 2012 -145, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH LINCOLN UNIVERSITY. Bill 2012 -145 was read third time by title and placed on final passage. A motion was made by Councilman Shawn Schulte to amend Bill 2012 -145 by changing the notification period 90 days rather than 30 days, seconded by Councilman Rick Mihalevich. Following discussion on an alternate method to accomplish Councilman Schulte's objective, he withdrew his motion and Councilman Mihalevich withdrew his second. Councilman Schulte then made a motion to delete paragraph 2 from the contract which would accomplish leaving the notification period at 90 days. The motion was seconded by Councilman Rick Mihalevich, and passed by the following roll -call vote. Aye: Bray, Carroll, Henry, Mihalevich, Prather, and Weber Nay: Luebbert, Pope, Schulte, and Scrivner Bill 2012 -145 was then passed, as amended, as Ordinance 15088: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -146, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN CONSTRUCTION CORPORATION FOR THE 300 BLOCK WEST ASHLEY STREET 7 REGULAR COUNCIL MEETING, MARCH 18, 2013 (STORMWATER AND SANITARY SEWER) AND 700 BLOCK OF SOUTHWEST BLVD. (STORMWATER) PROJECT. Bill 2012 -146 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 15089: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None 2012 -148, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2012- 2013 BUDGET. Bill 2012 -148 was read third time by title and placed on final passage. Councilman Shawn Schulte made a motion to amend Bill 2012 -148, Exhibit A, to include the $172,000 of budget reductions previously presented to the Council by staff, seconded by Councilman Ralph Bray, and approved by the following roll -call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None Bill 2012 -148 was then passed, as amended, by the following roll -call vote as Ordinance 15091: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None INFORMAL CALENDAR 2012 -135, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF JEFFERSON TO ALLOW ELECTIONS IN FEBRUARY AND ALL OTHER DATES ALLOWED IN MISSOURI STATUTES. 8 REGULAR COUNCIL MEETING, MARCH 18, 2013 Councilwoman Carrie Carroll stated she wished to remove this from the Informal Calendar at this time and place it on final passage. Bill 2012 -135 was read third time by title and placed on final passage. Councilwoman Carroll made a motion to accept the Substitute Bill 2012 -135 previously distributed to the Council which will change the date the issue is placed on the ballot from August 2013, to April 2014, to save the City the expense of a special election. The motion was 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 Bill 2012 -135 was then passed, as substituted, by the following roll -call vote as Ordinance 15092: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: None Abstain: Pope 2012 -136, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON TO ELIMINATE PRIMARY ELECTIONS. Councilwoman Carrie Carroll stated she wished to remove this from the Informal Calendar at this time and place it on final passage. Bill 2012 -136 was read third time by title and placed on final passage. Councilwoman Carroll made a motion to accept the Substitute Bill 2012 -136 previously distributed to the Council which will change the date the issue is placed on the ballot from August 2013, to April 2014, to save the City the expense of a special election. The motion was seconded by Councilman Larry Henry, and approved by the following roll - call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, and Weber Nay: Scrivner 9 REGULAR COUNCIL MEETING, MARCH 18, 2013 Bill 2012 -136 was then passed, as substituted, by the following roll -call vote as Ordinance 15093: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None RESOLUTIONS Resolution RS2012 -24 was taken up earlier in the meeting. SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Donna Deetz made a presentation on behalf of the Downtown Jefferson City Association encouraging the City to select the West McCarty Street site as the location for a conference center. She distributed a handout which gave the reasons the organization felt that site would be beneficial. Mr. Walter Schroeder made a presentation on behalf of the Old Munichburg Association stating that organization also supports the West McCarty Street site as the location for a conference center. He also distributed a handout outlining the reasons for that position. Ms. Stephanie Bell made a presentation in which she stated her agreement with Ms. Deetz's presentation and urged the City to select the McCarty Street site. 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 forward. 10 REGULAR COUNCIL MEETING, MARCH 18, 2013 UNFINISHED BUSINESS Councilman Rick Mihalevich made a motion that the Council discuss the Conference Center Selection Process under Unfinished Business instead of in Closed Session. The motion was seconded by Councilman Rick Prather. Mayor Struemph called for a recess at this time (7:50 P.M.). RECONVENE The meeting was reconvened at 8:00 P.M. by Mayor Struemph with the following Council Members present: Present: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Absent: None UNFINISHED BUSINESS - CONTINUED Mayor Struemph indicated that before the recess, Councilman Mihalevich had made a motion. He asked Councilman Mihalevich if he wished to restate his motion. Councilman Mihalevich stated his motion was that the Council take up discussion of the "Conference Center Selection Process — Draft" document which he has distributed to the Council, seconded by Councilman Rick Prather. The motion was approved by voice vote. Following discussion, Councilman Mihalevich then introduced Mr. Jerry Hagerman and stated Mr. Hagerman has made himself available to answer questions about the draft document and the process of using a Conference Center Committee going forward in the conference center RFP process. Following Mr. Hagerman's comments, he answered questions asked by the Council. Councilman Scrivner asked Mr. Hagerman if there would be a charge for his services as a facilitator, to which Mr. Hagerman replied that there would eventually be a fee charged if he is asked to facilitate. City Counselor Drew Hilpert reminded the Council that any funds expended for a facilitator would require the City to go through established bidding procedures and that he anticipated there would be substantial interest from others if that service were bid out. He asked Terry Stephenson, Purchasing Agent, to answer the Council's specific questions about how that process is required to be performed and the time frame which would be involved in completing the process. 11 REGULAR COUNCIL MEETING, MARCH 18, 2013 At the conclusion of the discussion, Councilwoman Carrie Carroll made the following motion, which she indicated was in five parts: 1. The Council as a whole move forward as the Conference Center Committee; 2. Councilman Mihalevich shall be Chairman of the selection group; 3. The City shall bring in CVB Executive Director Diane Gillespie to be a part of the process at this time; 4. Decide the scope at the next work session for a facilitator; 5. Select a facilitator through the City's established Request for Qualifications process. The motion died for lack of a second. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Rick Prather to approve the March 4, 2013, Closed Session Minutes as presented, seconded by Councilman Rick Mihalevich, and approved unanimously. ADJOURN A motion to adjourn was made by Councilman Bryan Pope, seconded by Councilman Shawn Schulte, and approved unanimously at 9:10 P.M.