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HomeMy Public PortalAbout201308191 REGULAR COUNCIL MEETING, AUGUST 19, 2013 CALL TO ORDER The Regular Council Meeting of August 19, 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: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Absent: Schulte A quorum was declared present. MISCELLANEOUS AGENDA ITEMS Mayor Struemph presented a Key to the City to Dr. Kevin Rome, President of Lincoln University, welcomed him to Jefferson City, and wished him success in his new position. Dr. Rome made brief comments and thanked the Mayor for the presentation. PUBLIC HEARINGS a. Preliminary PUD Plan for property addressed as 2500 Tanner Bridge Place Following a staff presentation by Janice McMillan, Planning & Protective Services Director, no one came forward to speak on the issue. Mayor Struemph announced the evidentiary portion of the public hearing is concluded, and that the Council will now take up the associated pending b ill. 2013-47, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY LOCATED AT 2500 TANNER BRIDGE PLACE; DESCRIBED AS PART OF THE NORTH HALF OF NORTHEAST QUARTER 2 REGULAR COUNCIL MEETING, AUGUST 19, 2013 OF SECTION 25, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2013-47 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15149: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None b. 2013 Property Tax Levy A staff presentation was made by Interim Finance Director Bill Betts. Following his presentation, no one came forward to speak on the issue. Mayor Struemph stated the evidentiary portion of the public hearing concluded. A motion was made by Councilman Bob Scrivner to amend the agenda to take up the associated pending bill at this point in the meeting, seconded by Councilman Rick Prather, and approved unanimously. 2013-52, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI, FOR THE YEAR 2013. Bill 2013-52 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15153: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None c. 2013-2014 City Budget and 2013-2014 Gross Receipts Utility Tax A staff presentation was made by City Administrator Nathan Nickolaus. Following his presentation, the following persons came forward to provide their comments pertaining to the proposed budget: 3 REGULAR COUNCIL MEETING, AUGUST 19, 2013 Ms. Vicki Schildmeyer (who also distributed written testimony on behalf of Mr. Wayne Lee) re: Transit Mr. Glen Costales re: various issues Mr. Brian Wekamp re: Transit Ms. Gloria Enloe re: JCTV Ms. Linda McAnany re: JCTV Mr. Jeff Bassinson re: JCTV Dr. Kevin Rome re: JCTV Ms. Ann Harris re: JCTV Mr. Michael P. Downey re: JCTV Mr. Jonathan Jackson re: JCTV Mr. Wyoming Rossett re: JCTV Mr. Leonard Steinman re: various issues At the conclusion of all public comments, Mayor Struemph stated the evidentiary portion of the public hearing concluded. Council comments and direction to staff included the following: Councilwoman Carroll asked Ms. Enloe to provide the Council with the level of funding that JCTV receives from Jefferson City High School for the programming provided to them by JCTV. Mayor Struemph asked Ms. Enloe to provide him with the itemized cost breakdown of shows other than those associated with the City which are produced by JCTV. Those shows would include Capitol Caroling, the Christmas parade, Jazzfest, etc. Ms. Enloe stated she had that list and would provide it to Mayor Struemph before she left the meeting tonight. RECESS At the conclusion of public comments, Mayor Struemph called for a brief recess at 7:00 P.M. RECONVENE The following Council Members were present when the meeting was reconvened at 7:15 P.M.: 4 REGULAR COUNCIL MEETING, AUGUST 19, 2013 Present: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Absent: Schulte CONTINUATION OF PUBLIC HEARING ACTIONS GROSS RECEIPTS UTILITY TAX (GRUT) RATE – A motion was made by Councilman Rick Prather, seconded by Councilwoman Carrie Carroll, to leave the GRUT at the same rate as it is currently set. The motion was approved unanimously by the following roll-call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner 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. Public Safety Committee, May 30, 2013 b. Council Committee on Administration, April 15 2013 c. Finance Committee, May 28 and June 25, 2013 d. Animal Control Section Monthly Report for July, 2013 e. Planning & Zoning Commission, July 18, 2013 f. Parks & Recreation Commission, July 9 and July 31, 2013 COUNCIL COMMITTEE REPORTS Administration Committee – Councilwoman Carrie Carroll reported that the next meeting will be held on Wednesday, August 28, at 8:00 A.M., and indicated this meeting may be canceled if no agenda items are presented. Finance Committee – Councilman Ralph Bray announced that next meeting will be held on Tuesday, August 27 at 7:30 A.M. 5 REGULAR COUNCIL MEETING, AUGUST 19, 2013 Public Safety Committee – Councilman Rick Prather reported that the next meeting will be held on Thursday, August 29, following the Brown Bagel Work Session. Public Works & Planning Committee – Councilman Bob Scrivner announced that the next meeting will be held on Thursday, August 22, at 7:30 A.M. Other Committee / Liaison Reports – Councilman Ralph Bray, Vice Chairman of the Finance Committee, announced that the next Budget Committee meeting will be held on Monday, August 26, at 5:30 P.M. APPOINTMENTS BY THE MAYOR Mayor Struemph recommended the following appointments to the Council for approval: a. Liaison to Animal Shelter Advisory Committee a. Councilman Larry Henry b. Appointments to Boards and Commissions: A motion was made by Councilman Bob Scrivner to approve all appointments as presented, seconded by Councilman Carlos M. Graham, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS A motion was made by Councilman Bob Scrivner to amend the agenda to add a presentation at this time by Missy Bonnot of the Jefferson City Area Chamber of Commerce, seconded by Councilman Larry Henry, and approved unanimously. Missy Bonnot, Jefferson City Area Chamber of Commerce, made a presentation regarding recent negotiations for a development agreement with ROAR Real Estate 2, BOARD / COMMISSION APPOINTMENT EXPIRES FULL / PARTIAL Cultural Arts Commission Lara Underwood Mar 2016 Partial Cemetery Resources Board Jim Winemiller Samantha Renner June 2014 June 2014 Partial Partial Historic Preservation Commission Brent Hemphill Dec 2013 Partial Board of Adjustment: Paul Graham Daniel Hancock (Alt.) Katy Lacy (Alt.) Robert Gammon (Alt.) Sept 2018 Sept. 2014 Sept. 2014 Sept 2014 Full Full Full Full 6 REGULAR COUNCIL MEETING, AUGUST 19, 2013 LLC, and James R. Morris, to open a new manufacturing facility in the City – County Enhanced Enterprise Zone (“EEZ”). She explained the company would be manufacturing bags for a dog food manufacturer located in the central Missouri region, as well as other dog food manufacturers outside of this immediate region. Following her presentation, she answered questions asked by the Council. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Councilman Carlos M. Graham announced a Ward Four Meeting will be held from 9:00 A.M. to 11:00 A.M. on Saturday, August 24, at the Capital West Christian Church Event Center, 1315 Fairgrounds Road, and invited the public to come and bring their comments and ideas to share with him and fellow Fourth Ward Councilwoman Carrie Carroll. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Phil Kalaf made a presentation regarding Bill 2013-44, Sidewalk Café Permit Regulations. He stated that he believed all busin esses in the downtown area should be required to carry the insurance specified in the ordinance rather than just restaurants and bars. CONSENT AGENDA a. Minutes of City Council Meetings: August 1 and August 5, 2013 b. Minutes of Budget Meetings: August 8 and August 12, 2013 c. Renewal (Year 2) – Lease with USIC Locating Services, for Wastewater Utility Locating Services d. Renewal (Year 3) – Agreement with Leon and Teddy Hellebusch for Lease of Agricultural property e. Automatic Renewal (Year 2) – Agreement with Houck Transit Advertising for Bus Advertising A motion was made by Councilman Ken Hussey for approval of the Consent Agenda as presented, seconded by Councilman Larry Henry, and approved unanimously by the following roll-call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 7 REGULAR COUNCIL MEETING, AUGUST 19, 2013 BIDS OVER $50,000 There were no bids over $50,000 presented for approval. BILLS INTRODUCED 2013-53, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PUBLIC TRANSIT OPERATING ASSISTANCE. 2013-54, sponsored by Councilman Mihalevich / Carroll, entitled: AN ORDINANCE AMENDING CHAPTER 7 (BOARDS AND COMMISSIONS), ARTICLE XVI (CULTURAL ARTS COMMISSION), SUBSECTION 7-603 (MEMBERS), SUBPARAGRAPH (D), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO RESIDENCY REQUIREMENTS OF MEMBERS. 2013-55, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE ALLEY LOCATED BETWEEN MADISON AND MONROE STREETS IN THE 500 BLOCK THEREOF. 2013-56, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR CONSTRUCTION, AND CONSTRUCTION SERVICE RELATED TO THE AIRFIELD LIGHTING ELECTRICAL VAULT AND AIRFIELD LIGHTING CONTROL SYSTEM PROJECT AT THE JEFFERSON CITY MEMORIAL AIRPORT. 2013-57, sponsored by Councilman Scrivner, entitled: 8 REGULAR COUNCIL MEETING, AUGUST 19, 2013 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT SUPPLEMENTAL AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., FOR CONSTRUCTION SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT. 2013-58, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC COMPANY, INC., FOR THE AIRFIELD LIGHTING ELECTRICAL VAULT AND AIRFIELD LIGHTING CONTROL SYSTEM PROJECT. 2013-59, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO MAXIMUM FINES. 2013-60, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING THE PENALTY FOR VIOLATION OF DISABLED PARKING REGULATIONS. A request was made by Councilman Rick Mihalevich to suspend the rules on Bill 2013-60. No objections were made to suspending the rules. Bill 2013-60 was read second and third times by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15154: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 2013-61, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY ADDING A NEW SUBSECTION PERTAINING TO MANDATORY COURT APPEARENCES FOR EXCESSIVE SPEEDING. 9 REGULAR COUNCIL MEETING, AUGUST 19, 2013 2013-62, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO PEDESTRIANS ON SIDEWALKS. 2013-63, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING ARTICLE 11 (PAID HOLIDAYS) OF THE PERSONNEL POLICY MANUAL, BY THE ADDITION OF SECTION 11-2. FLOATING HOLIDAYS. Mayor Eric Struemph asked staff to provide the Council with an explanation of the $7,500 cost of adding two floating holidays. 2013-64, sponsored by Councilman Scrivner / Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH ROAR REAL ESTATE 2, LLC, AND JAMES R. MORRIS. City Counselor Drew Hilpert explained that this bill had been added to the agenda and distributed on Friday afternoon after some details had been worked on in the development agreement. He then answered questions regarding the issue. BILLS PENDING 2013-44, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO REQUIREMENTS FOR SIDEWALK CAFÉ PERMITS. Bill 2013-44 was read third time by title and placed on final passage. A motion was made by Councilman Rick Prather to accept the Substitute Bill 2013 -44 previously distributed to the Council which increased the insurance requirement from $300,000 to $500,000, seconded by Councilman Rick Mihalevich, and approved unanimously by the following roll-call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 10 REGULAR COUNCIL MEETING, AUGUST 19, 2013 Bill 2013-44 was then passed, as substituted, by the following roll-call vote as Ordinance 15148: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 2013-45, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NON-BINDING MEMORANDUM OF UNDERSTANDING FOR A FUTURE DEVELOPMENT AGREEMENT FOR MISSION DRIVE WITH ARTHUR BROWN ET AL. Councilman Scrivner requested that Bill 2013-45 be placed on the Informal Calendar at this time. 2013-46, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A LEX MASTROGIANNIS FOR THE SALE OF REAL ESTATE. Councilwoman Carroll requested that Bill 2013-46 be placed on the Informal Calendar at this time. 2013-48, 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 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISION FOR METROPOLITAN TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2013, TO OCTOBER 31, 2014, REFLECTING FUNDS AS APPROVED IN THE FY 2014 UNIFIED PLANNING WORK PROGRAM. Bill 2013-48 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15150: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 11 REGULAR COUNCIL MEETING, AUGUST 19, 2013 2013-49, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC., FOR THE 1200-1300 BLOCK MORELAND AVENUE NEIGHBORHOOD IMPROVEMENT PROGRAM (NIP) PROJECT. Bill 2013-49 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15151: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 2013-50, 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 2013-50 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15152: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None 2013-51, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2013, TO OCTOBER 31, 2014, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. In the absence of the bill’s sponsor, a motion was made by Councilman Ralph Bray to place Bill 2013-51 on the Informal Calendar at this time, seconded by Councilman Carlos M. Graham, and approved unanimously. 12 REGULAR COUNCIL MEETING, AUGUST 19, 2013 RESOLUTIONS There were no resolutions presented at this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Chris Grateke made a presentation regarding property in a neighborhood which he believed was affecting the properties of others in the neighborhood. Mr. Glover Brown made a presentation regarding the issue of the proposed non - binding agreement with the Arthur Brown Group and asked the Council to consider this issue before it comes back for a vote. Mr. Leonard Steinman made a presentation stating his reasons he is opposed to having Municipal Court during the day rather than night. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY City Counselor Drew Hilpert explained, regarding Mr. Steinman’s presentation, that the Municipal Judge is the person who has the authority to set Court dates and times and not the Council. Councilman Scrivner asked questions of Planning & Protective Services Director Janice McMillan regarding the issues brought up by Mr. Grateke. Ms. McMillan stated that City staff was familiar with the issue and appropriate actions are taken in such situations. NEW BUSINESS No new business was brought forward. UNFINISHED BUSINESS 13 REGULAR COUNCIL MEETING, AUGUST 19, 2013 There was no unfinished business. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Bob Scrivner to approve the August 5, 2013 , Closed Session Minutes, seconded by Councilman Ken Hussey, and approved unanimously by the following roll-call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, and Scrivner Nay: None ADJOURNMENT A motion to adjourn was made by Councilman Hussey, seconded by Councilman Graham, and approved unanimously at 8:45 P.M.