HomeMy Public PortalAbout2016-02-151
REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
CALL TO ORDER
The Regular Council Meeting of February 15, 2016, was convened at 6:00 P.M. by
Mayor Carrie Tergin.
ROLL CALL
The following Council Members were present for the roll call:
Present: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Absent: None
A quorum was declared present.
ADOPTION OF THE AGENDA
A motion was made by Councilwoman Ward, seconded by Councilman Graham, to
adopt the agenda as published. The motion was approved unanimously.
MISCELLANEOUS AGENDA ITEMS
(a) Mayor Tergin announced that the City had received a United States flag and a City
of Jefferson flag from the USS Jefferson City Submarine Commander, J. L. Croghan,
certifying that the flags had been flown in Pearl Harbor, HI, over the USS Jefferson City
Submarine (SSN 759) on November 6, 2015; and over the USS Missouri (BB 63) on
November 15, 2015. Following her announcement, she asked members of the USS
Jefferson City Submarine Committee present at the meeting to come forward and be
recognized. Present were Patrick Bonnot, Steve Sampson, Hal Dulle, Lori Rosburg, and
Marti Thruston. The flags and certificates will be place on display in the City Hall display
case dedicated to artifacts from the USS Jefferson City.
(b) Mayor Tergin announced that the City of Muenchberg, Germany, had recently been
awarded a prestigious national award for its involvement with the City of Jefferson as a
Partner City. She asked members of the public present at the meeting who were active
involved with Muenchberg as our Partner City to come forward and introduce
themselves. She recognized former Mayor John Landwehr who was instrumental in
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
developing that partnership during his term as Mayor. Mayor Landwehr emphasized the
fact that the award was of national significance and named some of the dignitaries who
were present at the presentation ceremony in Germany. Also present were Walter
Schroeder, who gave background of the Old Munichburg area of the City, as well as
former Councilwoman Edie Vogel, Patty Schmutzler, and Kathy Zumwalt, event
coordinator for the Old Munichburg Octoberfest. Mayor Tergin announced the next
meeting to discuss a trip to Muenchgberg, Germany, would be held on Wednesday,
February 17, at Prison Brews; and the next Old Munichburg Octoberfest on September
23-24, 2016.
PUBLIC HEARINGS
There were no public hearings scheduled.
APPOINTMENTS BY THE MAYOR
Mayor Tergin recommended the following appointments to the Code Review Steering
Committee
Kyle Kittrell - CHAIR
Larry Brandhorst
Jim Dove
Jim Wisch
Dan Klindt
Jim Crabtree
Larry Kolb
Paulette Kreter
Randy Allen – VICE CHAIR
A motion was made by Councilman Mihalevich for approval of the appointments as
recommended, seconded by Councilman Costales, and approved unanimously.
Mayor Tergin recommended the following appointments to City Boards and
Commissions:
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
BOARD OR COMMISSION VOLUNTEER EXPIRES STATUS
University Extension Council Melissa Wampler Feb 2018 FULL
Façade Improvement Committee: Michael Berendzen
Bill Yarnell
Feb 2018
Feb 2018
FULL
FULL
Cultural Arts Commission: Don Govang*
Mitchell Woodrum
Mar 2019
Mar 2017
FULL
FULL PARTIAL
Library Board: Kathy Penfold
Valerie Weber
Mar 2019
Mar 2019
FULL
FULL
USSJC Submarine Committee: Patrick Bonnot
Marti Thruston*
Mar 2019
Mar 2019
FULL
FULL
Airport Advisory Committee Frank Rycyk Mar 2020 FULL
*third term requires 2/3 majority to approve.
Councilman Glen Costales stated the term of Mitchell Woodrum should be corrected to
show a ‘PARTIAL’ term rather than a ‘FULL’ term. Councilman Hussey made a motion
that the appointments be approved to include that correction, the motion was seconded
by Councilman Graham, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
There were no presentations made at this time.
ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF
Mayor Tergin announced that a Council Work Session would be held at 5:30 P.M. on
Monday, February 29 to hear a status report on the Wellness and Recreation Facility by
Parks, Recreation & Forestry Department Director Todd Spalding, as well as to discuss
Sales Tax G.
Councilman Henry gave a brief update on the Flint, MI water drive. He stated the water
would be taken to Flint on February 27, and that donations would be accepted through
February 25.
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
Mayor Tergin announced that two former Jefferson City residents had recently been in
national news for their accomplishments: Mr. Sylvester Williams, a former Jefferson City
Jay, is a member of the Denver Broncos football team, who just won the Superbowl;
and Sarah Tannehill Anderson, a graduate of Jefferson City High School, had won a
Grammy Award for her vocal performances as an opera singer with the Kansas Ci ty
Chorale. Mayor Tergin congratulated both for their accomplishments.
LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE
Lincoln University student / City Council liaison Jonathan Jackson was absent, but
Mayor Tergin announced that Lincoln University had just celebrated its 150th Founder’s
Day event and she was honored to participate in that event.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
Mr. Tony Bamvakais, Military Executive with the Missouri National Guard, made a
presentation regarding item (b) on the Consent Agenda pertaining to the Spanish -
American War Memorial. He gave a brief background of the Memorial, and showed
pictures of how the Memorial would be prominently honored at the National Guard site,
and thanked the City for allowing them to move the Memorial to that site at their own
expense.
Judge Cotton Walker made a presentation from the Court’s perspective on Bill
2015-109 (elimination of minimum fines). He stated that he did not have an opinion on
the bill but that the reduction of minimum fines would be consistent with the recent
changes to municipal courts suggested after the issues in Ferguson, MO. He further
noted that the Jefferson City Municipal Court has been observed by agencies and
courts in Missouri and cited as a model for other courts to follow.
CONSENT AGENDA
The following items were brought before the Council for approval by Consent:
a. Minutes of City Council Meetings: February 1, 2016
b. Declaring Spanish-American War Memorial as Surplus and Authorizing Turning
Over to Missouri National Guard
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
c. Renewal (Year Two) – Contract With Tow Pro, LLC, for Towing and Storage of
Motor Vehicles
d. Declaring City-Owned Real Property Located in the 300 Block of Adams Street
as Surplus and Authorizing Disposal
A motion was made by Councilman Scrivner to remove Item (b) and moved for its
approval separately, seconded by Councilwoman Ward. The motion to remove and for
approval, separately, was approved unanimously.
Councilman Scrivner made a motion to approve Items (a), (c), and (d), seconded by
Councilman Costales, and approved unanimously.
BILLS INTRODUCED
2015-106 sponsored by Councilwoman Ward, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ASBESTOS
REMOVAL SERVICES, INC., FOR THE LIMITED ABATEMENT OF ASBESTOS-
CONTAINING MATERIALS AT 304 MARSHALL STREET.
Councilman Mihalevich requested that the rules be suspended on Bill 2015 -106 and
that it be placed on final passage. There were no objections to the request to suspend
the rules.
Bill 2015-106 was then read second and third times by title, placed on final passage,
and passed by the following vote as Ordinance No. 15494:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-107 sponsored by Councilwoman Ward, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ASBESTOS
REMOVAL SERVICES, INC., FOR THE LIMITED ABATEMENT OF LEAD-BASED
PAINT AT 304 MARSHALL STREET.
Councilman Costales requested that the rules be suspended on Bill 2015-107 and that it
be placed on final passage. There were no objections to the request to suspend the
rules.
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
Bill 2015-107 was then read second and third times by title, placed on final passage,
and passed by the following vote as Ordinance No. 15495:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-108 sponsored by Councilwoman Ward, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH L. G. BERRY
CONSTRUCTION, LLC, FOR REHABILITATION OF 304 MARSHALL STREET.
Councilwoman Ward requested that the rules be suspended on Bill 2015-108 and that it
be placed on final passage. There were no objections to the request to suspend the
rules.
Bill 2015-108 was then read second and third times by title, placed on final passage,
and passed by the following vote as Ordinance No. 15496:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-109 sponsored by Councilman Branch, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO THE MINIMUM FINES BY INCREASING THE AUTHORITY OF THE
MUNICIPAL JUDGE.
2015-110 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
BAPTIST CONVENTION EXECUTIVE BOARD FOR THE SALE OF PROPERTY IN
THE 300 BLOCK OF ADAMS STREET.
BILLS PENDING
2015-99 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A
$38,950.00 GRANT AMENDMENT BETWEEN THE CITY OF JEFFERSON AND THE
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION (MODOT) TO
CONSTRUCT RUNWAY 12/30 REHABILITATION, EDGE LIGHTING FOR RUNWAYS
12/30 AND 9/27, AND TAXIWAY B PROJECT AT THE JEFFERSON CITY MEMORIAL
AIRPORT.
Bill 2015-99 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15488:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-100 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE
FIRST SUPPLEMENTAL AGREEMENT TO AIRPORT AID AGREEMENT BETWEEN
THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION (MODOT) TO CONSTRUCT RUNWAY 12/30
REHABILITATION, EDGE LIGHTING FOR RUNWAYS 12/30 AND 9/27, AND
TAXIWAY B PROJECT AT THE JEFFERSON CITY MEMORIAL AIRPORT.
Bill 2015-100 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15489:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-101 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF THE 700 BLOCK OF EAST FRANKLIN STREET
RIGHT-OF-WAY.
Bill 2015-101 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15490:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-103 sponsored by Councilman Scrivner, entitled:
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALLIED
SERVICES, LLC, FOR SOLID WASTE COLLECTION SERVICES.
Bill 2015-103 was read third time by title and placed on final passage. A motion was
made by Councilman Scrivner to amend the contract authorized by Bill 2015 -103 by the
addition of the two W almart locations as trash pick-up locations as negotiated between
the City and Allied. The motion to amend was seconded by Councilman Mihalevich and
approved unanimously. Bill 2015-103 was then passed, as amended, by the following
roll-call vote as Ordinance 15491:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-104 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, PERTAINING TO SOLID WASTE.
Bill 2015-104 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15492:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
2015-105 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN STP-URBAN PROGRAM
SUPPLEMENTAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION (MODOT) FOR THE HIGHWAY 54 AND
STADIUM BOULEVARD INTERCHANGE PROJECT.
Bill 2015-105 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15493:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
INFORMAL CALENDAR
2015-98 sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF JEFFERSON,
MISSOURI, CHAPTER 5 (ANIMALS), SECTION 5-15, BY FURTHER DEFINING THE
MINIMUM STANDARDS FOR THE CARE OF ANIMALS HOUSED OUTSIDE.
Councilman Mihalevich requested that Bill 2015-98 be removed from the Informal
Calendar at this time and placed on final passage.
Bill 2015-98 was read third time by title and placed on final passage
Councilman Mihalevich then offered “Substitute 2015-98 2-15-16,” with the following
amendment to the new Sec. 5-15(H)4, as follows:
4. Post Deprivation Hearing. Any owner whose animal has been seized pursuant to
the procedures found in this section may request a hearing before the director to
review the decision to seize the animal or the costs assessed in Sec. 5-15,
subparagraph (H)(3) above. Such request must be made in writing within ten (10)
days of the seizure on a form to be prescribed by the director. If such a request is
made, the director shall promptly set a hearing on the matter. The hearing shall be
conducted by the director or designee. The purpose of the hearing shall be to
determine whether the procedures of this section have been followed. In
determining whether the procedures have been followed the director may consider
all relevant evidence, including the size, breed, and health of the dog as well as
the efforts made to contact the owner. The director shall issue a decision in
writing within twenty (20) days of the date of the hearing. The director may
affirm, overturn, or modify the assessed costs. Any person aggrieved by a
decision of the director may appeal his decision to the Circuit Court of Cole
County.
Councilwoman Ward made a motion to accept the substitute with the amendment
proposed by Councilman Mihalevich. The motion was seconded by Councilman
Schreiber and approved unanimously.
Following discussion, Substitute Bill 2015-98, was then passed, as amended, by the
following roll-call vote as Ordinance 15497:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None
RESOLUTIONS
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
There were no resolutions brought before the Council.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
Ms. Angela Whitman made a presentation regarding the status of the Elizabeth Street
neighborhood’s meetings with the Housing Authority regarding various issues in that
neighborhood. She commended the Jeffe rson City Police Chief and Police Department
for their presence and positive interactions with residents of the neighborhood.
Mr. Glover Brown stated he had attended some meetings mentioned by Ms. Whitman
and he believed the Police Chief Schroeder and Poli ce Officers should be commended
for the manner in which they conducted themselves at those meetings and how they
addressed issues brought forward.
Mr. Leonard Steinman made a presentation stating he believed that Jefferson City
should have its own Polar Bear Plunge event since Special Olympics of Missouri is now
going to be headquartered in the City. He recommended McKay Lake. Following his
presentation, Councilman Scrivner also suggested that a location might be Binder Lake
and commended Mr. Steinman for his suggestion.
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 brought forward at this time.
APPROVAL OF CLOSED SESSION MINUTES
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REGULAR COUNCIL MEETING, FEBRUARY 15, 2016
A motion was made by Councilman Branch to approve the February 1, 2016, Closed
Session Minutes. The motion as seconded by Councilman Mihalevich and approved
unanimously by the following roll-call vote:
Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather,
Schreiber, Scrivner, and Ward
Nay: None