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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 2 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: 3 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. 4 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 5 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. 6 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 7 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: 8 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 9 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 10 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 11 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