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Home My Public Portal About201309161 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 CALL TO ORDER The Regular Council Meeting of September 16, 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, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Absent: Carroll A quorum was declared present. MISCELLANEOUS AGENDA ITEMS Mayor Struemph presented a proclamation for “Constitution Week” to Ms. Katie Winkler of the Daughters of the American Revolution (“D.A.R.”) and thanked her and her organization’s contribution to the community. PUBLIC HEARINGS Comments on Conference Center Issue – Associate City Counselor Jeremy Cover explained the format of the public hearing and stated that the purpose was to listen to input from the public on this issue. The following persons spoke on the issue: John Landwehr Glen Costales David Wallace Tim Stallman Don Trabue Roger Weis Leonard Steinman Leonard Stella 2 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 Vik Puri Following their comments, Mayor Struemph reminded the publi c that there will be two more opportunities to speak on the issue, September 19 at 12:00 noon, and September 23, at 5:30 P.M., and encouraged them to contact the City Clerk’s office and sign up if they wish to speak. 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. CAMPO Technical Committee, July 11, 2013 b. Environmental Quality Commission, July 16, 2013 c. Historic Preservation Commission, August 13 and August 26, 2013 COUNCIL COMMITTEE REPORTS Administration Committee – Councilwoman Carrie Carroll reported that the next meeting will be held on Wednesday, October 2, at 8:00 A.M. Finance Committee – Councilman Ralph Bray announced that next meeting will be held on Tuesday, September 24, at 7:30 A.M. Public Safety Committee – Councilman Rick Prather reported that the next meeting will be held on Thursday, October 3, following the Brown Bagel Work Session. Public Works & Planning Committee – Councilman Bob Scrivner announced that the next meeting will be held on Thursday, September 19, at 7:30 A.M. Other Committee / Liaison Reports – Councilman Rick Mihalevich asked Human Resources Director Gail Strope to give a brief repo rt on the Cultural Arts Commission fund raiser “Sip ‘n’ Sit” event held downtown during the past week. APPOINTMENTS BY THE MAYOR There were no appointments to recommend at this time. 3 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Administrator Nathan Nickolaus announced that two City employees who are part of Missouri’s Task Force One have been deployed to Colorado to help in the flooding emergencies there. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Jack Pletz made a presentation to request the Council to approve Bill 2013-71 which authorizes a development agreement with Capital Region Medical Center. He briefly explained the scope of the expansion project for CRMC and how it could positively impact the City economically. CONSENT AGENDA a. Minutes of City Council Meetings: August 29, September 3, and September 5, 2013 b. Minutes of Budget Meetings: August 29, 2013 c. Renewal (Year 2) – Lamberson’s Lawn Care for Cemetery Maintenance d. Renewal (Year 4) – Thomas P. Rackers Consulting, LLC, for Lobbyist Services e. Bid 2692 – Electric Motor Repairs, Wastewater Division f. Bid SS 2701 – Sole Source – Contract with Vandevanter Engineering, Pump Rebuild, Wastewater Plan A motion was made by Councilman Bob Scrivner for approval of the Consent Agenda as presented, seconded by Councilwoman Carrie Carroll, and approved unanimously by voice vote. BIDS OVER $50,000 There were no bids over $50,000 presented for approval. 4 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 BILLS INTRODUCED 2013-74, 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 ASH STREET CDBG PROJECT. Councilman Scrivner requested that the rules be suspended and Bill 2013 -74 placed on final passage. There were no objections to the request to suspend the rules. Bill 2013-74 was read second and third times by title, placed on final passage and passed by the following roll-call vote as Ordinance 15175: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-75, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF LAGE RIDGE SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. 2013-76, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO TRENTON COURT AND TANMAN COURT, LOCATED IN LAGE RIDGE SUBDIVISION, SECTION TWO 2013-77, 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. 2013-78, sponsored by Councilman Scrivner, entitled: 5 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY HANGER ASSOCIATION, INC., FOR A GROUND LEASE AT JEFFERSON CITY MEMORIAL AIRPORT. BILLS PENDING 2013-65, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING THE TRAFFIC SCHEDULES. Bill 2013-65 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15167: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-66, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CAPITAL MALL JC, LLC. Bill 2013-66 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15168: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-68, sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (V) (DISABLED PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF A DISABLED PARKING SPACE ON A PORTION OF THE 800 BLOCK OF MULBERRY STREET. 6 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 Bill 2013-68 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15169: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-69, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING CHAPTER 22 (PARKING, STOPPING AND STANDING), AND CHAPTER 19 (MOTOR VEHICLE AND TRAFFIC), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO SNOW PRIORITY AND EMERGENCY AREA ROUTES. Bill 2013-69 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15170: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-70, 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 CALLAWAY COUNTY COLLECTOR FOR BILLING AND COLLECTION OF TAXES. Bill 2013-70 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15171: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-71, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CAPITAL REGION MEDICAL CENTER. Bill 2013-71 was read third time by title and placed on final passage. A motion was made by Councilman Scrivner to accept the substitute Bill which had been distributed to the Council, seconded by Councilman Schulte. Following an explanation of the 7 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 amendments in the agreement, to which he stated both parties agreed, the motion to accept the substitute was approved unanimously. Bill 2013-71 was then passed, as substituted, by the following roll-call vote as Ordinance 15172: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-72, sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (O), (PARKING TIME LIMIT ZONES), SUBPARAGRAPH (E), TIME ZONE E, OF THE CODE OF THE CITY OF JEFFERSON, BY MODIFYING A PORTION OF EAST HIGH STREET. Bill 2013-72 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15173: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-73, sponsored by Councilman Graham, entitled: AN ORDINANCE AMENDING SECTION 19-401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (O), (PARKING TIME LIMIT ZONES), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO PARKING ON A PORTION OF MADISON STREET. Bill 2013-73 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15174: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None INFORMAL CALENDAR 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 8 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 UNDERSTANDING FOR A FUTURE DEVELOPMENT AGREEMENT FOR MISSION DRIVE WITH ARTHUR BROWN ET AL. Councilman Scrivner requested that Bill 2013 -45 remain 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 ALEX MASTROGIANNIS FOR THE SALE OF REAL ESTATE. Councilwoman Carroll requested that Bill 2013-46 remain on the Informal Calendar at this time. RESOLUTIONS RS2013-24, sponsored by Councilman Henry: A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING FILING OF AN APPLICATION TO THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR A MID-MISSOURI SOLID WASTE MANAGEMENT DISTRICT GRANT AND AUTHORIZING STAFF TO PURSUE ACTIVITIES TO FILE THE FUNDING APPLICATION A motion was made by Councilman Larry Henry for adoption of RS2013 -24, seconded by Councilman Rick Prather, and approved unanimously by the following roll -call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None RS2013-25, sponsored by Councilmen Mihalevich and Bray: A RESOLUTION SUPPORTING THE MISSION DRIVE PROJECT A motion was made by Councilman Rick Mihalevich for adoption, seconded by Councilman Ralph Bray. 9 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 A motion was then made by Councilman Mihalevich to accept the substitute RS2013 -25 which was distributed to the Council, seconded by Councilman Ralph Bray, and approved unanimously. Following a lengthy discussion, Councilman Bray called the question, seconded by Councilman Jim Branch, and approved with Councilwoman Carrie Carroll voting “nay.” Resolution RS2013-25 was then adopted, as substituted, by the following roll-call vote: Aye: Branch, Bray, Graham, Henry, Mihalevich, Prather, Schulte Nay: Carroll, Hussey, and Scrivner PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman made a presentation regarding a memorial event which is scheduled to occur at the National Cemetery on September 21 and invited the public to attend. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no comments made at this time. NEW BUSINESS No new business was brought forward. UNFINISHED BUSINESS Councilwoman Carrie Carroll announced that the Missouri Recycling Association is meeting in Jefferson City this week and specifically thanked Lincoln University for their assistance to the organization. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Rick Mihalevich to approve the September 5 Closed Session Minutes, seconded by Councilman Rick Prather, and approved unanimously by the following roll-call vote: 10 REGULAR COUNCIL MEETING, SEPTEMBER 16, 2013 Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None GO INTO CLOSED SESSION Mayor 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. Personnel [Sec. 610.021(3)] A motion was made by Councilman Ralph Bray, seconded by C ouncilman Larry Henry, to go into Closed Session for the above-stated purpose, and approved unanimously by the following roll-call vote at 8:00 P.M.: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None