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Home My Public Portal About201410201 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 CALL TO ORDER The Regular Council Meeting of October 20, 2014, 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, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Absent: None A quorum was declared present. ADOPTION OF THE AGENDA Councilman Bray made a motion to adopt the agenda with an amendment to add CVB Director Diane Gillespie under “Presentations by Staff, Consultants, and Invited Guests” at the invitation of himself, Councilman Branch, and Councilman Scrivner. The motion to adopt the agenda, as amended, was seconded by Councilman Prather, and approved unanimously. MISCELLANEOUS AGENDA ITEMS RS2014-22 Recognizing Loran Prenger as 2014 Outstanding Employee (Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward) and RS2014-23 Recognizing Vince Schuster as 2014 Outstanding Employee (Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward) Following a presentation regarding this year’s Outstanding Employee Award recipients, a motion was made by Councilman Hussey to adopt Resolution RS2014-22 as presented, seconded by Councilman Mihalevich, and approved unanimously. 2 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 A motion was made by Councilman Prather for adoption of RS2014-23 as presented, seconded by Councilman Scrivner, and approved unanimously. Mayor Struemph presented Mr. Loran Prenger with a formalized copy of Resolution RS2014-22, congratulated him upon receiving the award, and thanked him for his years of service to the City. Mayor Struemph announced that recipient Vince Schuster could not be present at tonight’s meeting, but he will also be presented with a formalized Resolution. CAFR Award – Finance and I.T. Director Bill Betts made a presentation announcing that the City has been awarded the CAFR Award for the eighteenth yea r in a row for excellence in accounting. He recognized the hard work of independent auditors Evers and Company and Finance accounting staff Shiela Pearre and Cara Sankey which resulted in receiving the award. Mayor Struemph thanked Mr. Betts and his staff for a job well done. Partner City Muenchberg – Police Lt. Dave Williams and former Mayor John Landwehr made a presentation regarding the group of City residents who recently made a trip to partner city, Muenchberg, Germany. Following their presentation, they displayed the flag commemorating Muenchberg’s 650th anniversary which was sent as a gift to the City of Jefferson. They stated that the City of Muenchberg sent their thanks for the City of Jefferson items presented to them on behalf of the City of Jefferson, and that a group of Muenchberg residents look forward to a nother visit to our City in the future. PUBLIC HEARINGS a. Rezoning 2.62 Acres of Land Addressed as 3136 Algoa Road from RU Rural Use to RS-1 Single Family Residential A staff presentation was made by Planning and Protective Services Dire ctor Janice McMillan who provided background information regarding the requested rezoning. At the conclusion of her presentation, Mayor Struemph opened the floor for any citizens who wished to speak on the issue. No one came forward to testify on the issue. Mayor Struemph declared the evidentiary portion of the public hearing concluded and stated the Council will now take up the associated pending bill, 2014-73. 3 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 2014-73, sponsored by Councilman Graham, 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 2.62 ACRES FROM RU RURAL TO RS-1 SINGLE FAMILY RESIDENTIAL, FOR LAND ADDRESSED AS 3136 ALGOA ROAD, DESCRIBED AS PART OF PRIVATE SURVEY NO. 2680, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2014-73 was read third time by title, placed on final passage, and passe d by the following roll-call vote as Ordinance 15327: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None APPOINTMENTS BY THE MAYOR No appointments were recommended at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Multipurpose Building – Parks, Recreation, and Forestry Director Bill Lockwood made a brief presentation on the status of ongoing discussions pertaining to a multipurpose building in the City. He stated that the timetable is to have operating agreements ready to consider by the end of the year. He will continue to report back to the Council the outcome of the issue. CVB Tours – Convention & Visitors Bureau (CVB) Director Diane Gillespie distributed a handout and made a presentation regarding new tours currently being given of the City called “A Slice of Pie.” She explained the route of the tour group, the various areas of the City being featured on the tour, ending with a visit to the Downtown Diner for a slice of pie. The Council thanked her for her continued effort to promote tourism to the City. ANNOUNCEMENTS BY THE MAYOR, COUNCIL, AND STAFF 4 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 Councilman Costales announced that he and Councilman G raham will host an event at Chick Fil A on Saturday, October 25, at 10:00 A.M. to meet with citizens to hear input on City issues. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS No presentations were given at tonight’s meeting on specific bills or resolutions. CONSENT AGENDA Mayor Struemph stated that the following items were presented to the Council for their approval by consent at this time: a. Minutes of City Council Meetings: October 6, 2014 b. Minutes of Budget Committee Meetings: October 2, 2014 A motion was made by Councilman Hussey to approve the Consent Agenda as presented, seconded by Councilman Henry, and approved unanimously. BILLS INTRODUCED 2014-80, sponsored by Councilman Henry, entitled: AN ORDINANCE AMENDING CHAPTER 12 (ELECTIONS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING REFERENCES TO PRIMARY ELECTION IN ORDER TO BE CONSISTENT WITH THE CITY CHARTER. 2014-81, sponsored by Councilman Henry, entitled: AN ORDINANCE AMENDING CHAPTER 21 (NUISANCES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE DATE TAX BILLS ARE SUBMITTED TO THE COUNTY COLLECTOR. 2014-82, sponsored by Councilman Henry, entitled: AN ORDINANCE AMENDING CHAPTER 29 (SEWERS AND SEWER DISPOSAL) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE ASSESSMENT OF LATE FEES FOR SEWER BILLS. 5 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 Mayor Struemph announced that staff has requested suspens ion of the rules so Bill 2014-82 could be passed at tonight’s meeting. There were no objections to the request to suspend the rules. Bill 2014-82 was read first and third times by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15334: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-83, sponsored by Councilman Branch, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2013 - 2014 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND. 2014-84, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF FROG HOLLOW ROAD RIGHT-OF-WAY. 2014-85, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2014-2015 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE PARKING RESERVE FUND. 2014-86, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2014 - 2015 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND. 2014-87, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2014 - 2015 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND. 6 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 BILLS PENDING 2014-67, sponsored by Councilman Bray, entitled: AN ORDINANCE AMENDING CHAPTER 26A (PURCHASING AND FINANCE) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE PURCHASING AUTHORITY OF THE CITY ADMINISTRATOR. Bill 2014-67 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15324: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-69, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 15178. Bill 2014-69 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15325: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-70, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE INTERCHANGE OF HIGHWAY 50/63 AND LAFAYETTE STREET. Bill 2014-70 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15326: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 7 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 2014-74, sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF STROPE FARM RIDGE SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2014-74 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15328: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-75, sponsored by Councilman Bray, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A FINANCIAL POLICY FOR THE CITY Bill 2014-75 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15329: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, and Ward Nay: Scrivner 2014-76, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMERICAN TOWER, LLC, FOR AN EXTENSION OF THE EXISTING CELL TOWER LEASE BETWEEN THE PARTIES FOR THE CELL TOWER LOCATED BEHIND FIRE STATION #4. Bill 2014-76 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15330: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 8 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 2014-77, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMERICAN TOWER, LLC, FOR AN EXPANSION OF THE EXISTING CELL TOWER LEASE BETWEEN THE PARTIES FOR THE CELL TOWER LOCATED BEHIND THE OLD FIRE STATION #3. Bill 2014-77 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15331: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-78, sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING CHAPTER 21 (NUISANCES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO APPOINTMENT OF HEARING EXAMINER. Bill 2014-78 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15332: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 2014-79, sponsored by Councilman Henry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2015. Bill 2014-79 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15333: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None 9 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 INFORMAL CALENDAR 2014-65, sponsored by Councilman Bray, 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, 2014, TO OCTOBER 31, 2015, AND APPRO PRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilman Bray requested that Bill 2014 -65 be removed from the Informal Calendar and placed on final passage at this time. Bill 2014-65 was read third time by title and placed on final passage. Councilman Bray made a motion to substitute the Budget Committee’s recommended budget distributed to the Council prior to this meeting. The motion was seconded by Councilman Hussey, and approved unanimously. Motion #1 to Amend Substitute Budget: A motion was made by Councilman Bray to amend the substitute bu dget just accepted by placing funding in the amount of $232,250.77 for additional positions into a new line item called “Additional Positions/Equipment/Expenses”, with the stipulation that Council authorization is required prior to expenditure. The motion was seconded by Councilman Henry. Motion #2 to Amend Motion #1: A motion was made by Councilman Graham to amend Councilman Bray’s motion to leave the Fire Training Officer and Police Officer in the budget. The motion was seconded by Councilman Costales Following a lengthy discussion, Councilman Henry called the question on Motion #2 to Amend Motion #1, seconded by Councilman Prather, and approved unanimously. Motion #2 to Amend Motion #1 was then defeated by the following roll-call vote: Aye: Costales, Graham, Henry, and Ward Nay: Branch, Bray, Hussey, Mihalevich, Prather, and Scrivner 10 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 Following further discussion on Motion #1 to Amend The Substitute Budget, Councilman Henry called the question on Motion #1 to Amend the Substitute Budget, seconded by Councilman Costales, and approved. Motion #1 to Amend the Substitute Budget was then approved by the following roll -call vote: Aye: Branch, Bray, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: Costales and Graham Following discussion on the substitute budget, as amended, Councilman Mihalevich called the question, seconded by Councilman Costales, and approved. City Counselor Hilpert clarified that the Council now has Bill 2014-65, as substituted and amended, before it for consideration. Bill 2014-65 was then passed, as substituted and amended, by the following roll-call vote as Ordinance 15335: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None RESOLUTIONS Resolutions were taken up earlier in the meeting under Miscellaneous Agenda Items. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Barbara Ross made a presentation to state her dissatisfaction with the News Tribune throwing its advertising materials into her yard and driveway after she has requested that they cease doing so. Following her presentation, Councilman Scrivner asked City Counselor Drew Hilpert to explain what, if any, actions the City is allowed by law to take in such instances. Mr. Hilpert explained, and answered questions. Mayor Struemph thanked Ms. Ross for her comments. Mr. Dan Massie made a presentation regarding difficulties he has experienced in the past on various issues. Following his presentation, Mayor Struemph thanked him for his comments and asked that City Administrator Crowell and City Counselor Hilpert set up a meeting with himself and Mr. Massie to discuss possible solutions. 11 REGULAR COUNCIL MEETING, OCTOBER 20, 2014 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. UNFINISHED BUSINESS There was no unfinished business at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Scrivner to approve the October 6, 2014, Closed Session Minutes, seconded by Councilman Mihalevich, and approved unanimously by the following roll-call vote: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None GO INTO CLOSED SESSION Mayor Struemph announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: a. Contract Negotiations [Sec. 610.021(12)] A motion was made by Councilman Hussey, seconded by Councilman Bray, to go into Closed Session at this time for the stated purpose, and approved unanimously by the following roll-call vote at 8:15 P.M.: Aye: Branch, Bray, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Scrivner, and Ward Nay: None