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HomeMy Public PortalAbout2016-04-041 REGULAR COUNCIL MEETING, APRIL 4, 2016 CALL TO ORDER The Regular Council Meeting of April 4, 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 Mayor Tergin stated that the Council had agreed in the Pre -Meeting to amend the agenda by moving Bills 2015-125 and 2015-126 forward to be voted on immediately after Bill 2015-124 under “Public Hearings.” A motion was made by Councilman Mihalevich to adopt the agenda with the amendment as explained by the Mayor. The motion was seconded by Councilman Prather, and approved unanimously. MISCELLANEOUS AGENDA ITEMS Mayor Tergin recognized some Boy Scouts in the audience and asked them to come forward to state their Troop and badge on which they are working. Members of Troop 2 came forward to state they were working on their “Citizenship in the Community” badge. Mayor Tergin read a proclamation for “Serve Jeff City” and “Mission JC,” followed by a presentation by Councilman Ken Hussey who invited the public to volunteer at the upcoming event, and introduced several volunteers present at the meeting. Ms. M elissa Hatfield also made a brief presentation on behalf of “Mission JC” who also had several volunteers in attendance. Both organizations may be reached on their respective websites at www.servejeffcity.org and www.missionjc.org. Mayor Tergin presented a proclamation for “Fair Housing Month” to Mr. Alan Wheat of the Jefferson City Area Board of Realtors (“JCABOR”). Following reading of the proclamation, Ms. Stephanie Biggs of JCABOR and Mayor Tergin presenting City Coins 2 REGULAR COUNCIL MEETING, APRIL 4, 2016 and awards to each elementary student named as this year’s Fair Housing Poster Contest winners. PUBLIC HEARINGS Mayor Tergin asked City Counselor Drew Hilpert to explain the City’s procedure for Public Hearings, then opened the public hearings on the following issues: (a) 0.3 Acres of Land Located in the 2800 Block of South Ten Mile Drive from RD Medium Density Residential and C-O Office Commercial to C-1 Neighborhood Commercial and Endorsing an Associated Comprehensive Plan Amendment. Planning and Protective Services Director Janice McMillan made a staff presentation on the background of the proposed rezoning. At the conclusion of the staff presentation, Mayor Tergin asked for witnesses on behalf of the Developer to make any presentations. Mr. Mike Bates, Central Missouri Professional Services, made a presentation on behalf of the developer, and answered questions asked by the Council at the conclusion of his presentation. Mayor Tergin opened the floor f or anyone present to speak either in favor of, or opposition to, the proposed rezoning. The following persons came forward to testify: In opposition: Mr. Lee DeBroeck stated his concerns regarding the traffic counts Ms. Ashlie Beck asked questions regarding the issues of buffers, lighting, and construction dates. Developer Rebuttal: Mr. Mike Bates answered several questions asked by the two witnesses. He also introduced Mr. Eric Kirchner, Mr. Dave Kutchback, and Mr. Mark Kahrs, all from Goodwill Industries who were able to answer several of the questions asked by the witnesses and the Council. As no further persons came forward to speak on the issue, Mayor Tergin closed the public hearing and announced that the Council would now take up the associated pending Bill 2015-122. 3 REGULAR COUNCIL MEETING, APRIL 4, 2016 2015-122 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 0.3 ACRES OF LAND LOCATED TO THE REAR OF 2821 AND 2827 SOUTH TEN MILE DRIVE FROM RD MEDIUM DENSITY RESIDENTIAL AND C-O OFFICE COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL AND ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT. Bill 2015-122 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15506: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None (b) Rezoning 14.69 Acres of Land addressed as 1414 W est Main Street from PUD Planned Unit Development to RS-3 Single Family Residential and Endorsing an Associated Comprehensive Plan Amendment Planning and Protective Services Director Janice McMillan explained the differences between Bills 2015-124, 2015-125, and 2015-126. She explained that a rezoning bill such as 2015-124, by law, requires a public hearing, while a bill accepting a subdivision plat (such as Bill 2015-125) does not. She stated that since the three bills involve property in the same location, staff would be prepared to make presentation on all three bills if requested during the public hearing. City Planner Eric Barron made a staff presentation providing a detailed background of the proposed rezoning in Bill 2015-124, and answered questions asked by the Council. Public Works Director Matt Morasch made a staff presentation regarding the infrastructure and streets as well as the proposed pump station located on a portion of the rezoned property. He answered questions asked by the Council. Mr. Barron then concluded the staff presentation and answered questions about the history of the vicinity as previously zoned and developed over the past several decades. Following the staff presentations, Mayor Tergin opened the floor for public testimony. Applicant Presentation: Mr. Mike Bates of Central Missouri Professional Services made a presentation on behalf of the applicants and explained the planned development. Following his presentation he answered several questions asked by the Council. 4 REGULAR COUNCIL MEETING, APRIL 4, 2016 At the conclusion of the Developer Presentation, the following persons came forward to speak in favor of, or opposition to, the proposed rezoning: In Opposition: Mr. Joe Bednar Mr. Mark Pauley Ms. Terry Lyskowski Ms. Mary Browning Ms. Linda Patton Mr. Jim Mullen Ms. Shirley Denkler Ms. Dana Opie on behalf of Mr. Rob Johnson Mr. John Lyskowski Ms. Kathy Penfold Ms. Mindy French Ms. Maggie Lucio Mr. David Patton Mr. Ninion Riley Mayor Tergin called a brief recess at this point in the meeting (9:00 P.M.) and indicated that public testimony would continue when the meeting reconvened. MEETING RECONVENED – PUBLIC HEARING CONTINUED The meeting was reconvened at 9:13 P.M. by Mayor Tergin with the following Council Members still present: Present: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Absent: None In Opposition (continued): Mr. Daniel Reed Ms. Jessica Christianson Mr. Matt Connor Ms. Angela Park Mr. Don Stier 5 REGULAR COUNCIL MEETING, APRIL 4, 2016 In Favor: Mr. Gary Oberkrom, on behalf of the Developer Mr. Hal Gibbs, on behalf of the Developer Proponent Rebuttal: Mr. Mike Bates answered several questions which had been asked during the public testimony, as well as questions asked by the Council regarding the development. Staff Summary: Janice McMillan summarized the issues brought before the Council and answered questions. As no further persons came forward to speak on the issues, Mayor Tergin declared the evidentiary portion of the public hearing concluded and announced that the Council would take up the associated Pending Bill 2015-124. 2015-124 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 14.69 ACRES OF LAND ADDRESSED AS 1414 WEST MAIN STREET FROM PUD PLANNED UNIT DEVELOPMENT TO RS -3 SINGLE FAMILY RESIDENTIAL AND ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT. Bill 2015-124 was read third time by title and placed on final passage Following a lengthy discussion by Council, Bill 2015-124 was then passed by the following roll-call vote as Ordinance 15507: Aye: Branch, Graham, Henry, Prather, Schreiber, Scrivner, and Ward Nay: Costales, Hussey, and Mihalevich Mayor Tergin stated that the Council would also take up Bills 2015-125 and 2015-126 as previously approved when adopting the agenda as amended. 2015-125 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF RIVER BLUFF ESTATES 6 REGULAR COUNCIL MEETING, APRIL 4, 2016 SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2015-125 was read third time by title and placed on final passage. Following a lengthy discussion, Bill 2015-125 was then passed by the following roll-call vote as Ordinance 15512: Aye: Branch, Graham, Henry, Prather, Schreiber, and Scrivner Nay: Costales, Hussey, Mihalevich, and Ward 2015-126 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO RIVER BLUFF COURT, LOCATED IN RIVER BLUFF ESTATES SUBDIVISION Bill 2015-126 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15513: Aye: Branch, Graham, Henry, Prather, Schreiber, and Scrivner Nay: Costales, Hussey, Mihalevich, and Ward APPOINTMENTS BY THE MAYOR There were no announcements made at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Planning & Protective Services Director Janice McMillan announced that the annual “bulky items” trash pickup would be held on the following schedule, which can also be found on the City’s website with a list of items that can and cannot be accepted in the pickup: 7 REGULAR COUNCIL MEETING, APRIL 4, 2016 April 18-22, West of Jefferson Street April 25-29, East of Jefferson Street Mayor Tergin announced “National Walking Day” would be observed on Wednesday, April 6, and encouraged City employees to wear, or bring, tennis shoes to work and participate in the half-hour event over the lunch hour. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Lincoln University student / City Council liaison Jonathan Jackson had to leave earlier due to the length of the meeting. In Mr. Jackson’s absence, Mayor Tergin announced the Lincoln University President’s Gala Awards Sesquicentennial event would be held on Saturday, April 16. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of City Council Meetings: February 29 and March 7, 2016 b. Declaring Three Plow Trucks as Surplus and Authorizing Disposition as a $30,000.00 Trade-In c. Accepting $21,169.95 Bid of Ennis Paint, Inc., for Traffic Marking Paint d. Accepting $169,185.00 Bid of Scheppers International for Single Axle Plow Truck e. Accepting $10,133.33 Grant from the Missouri State Highway Patrol for Drug Enforcement Task Force f. Authorizing Renewal (Year 3) of Proposal for Lease with Fischer Farms for Farming of Airport/Wastewater Property, Airport & Wastewater, Public Works Department 8 REGULAR COUNCIL MEETING, APRIL 4, 2016 A motion was made by Councilman Hussey to approve the Consent Agenda as presented, seconded by Councilman Branch, and approved unanimously. BILLS INTRODUCED 2015-133 sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2015 - 2016 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING $300,000.00 IN ADDITIONAL FUNDS WITHIN THE GENERAL FUND. 2015-134 sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2015 - 2016 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING $5,158.74 OF ADDITIONAL FUNDS WITHIN THE GENERAL FUND. 2015-135 sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING CHAPTER 29 (SEWERS AND SEWAGE DISPOSAL), SECTION 29-132 (DISBURSAL OF FUNDS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO REFLECT ACTUAL SEWER BOND COVENANTS AND CITY FINANCIAL POLICIES. BILLS PENDING 2015-119 sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE CONTINUANCE OF A SALES TAX FOR CAPITAL IMPROVEMENTS AT THE RATE OF ONE-HALF (½) OF ONE PERCENT, THE COLLECTION AND USE THEREOF, AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE ELECTION TO BE HELD ON AUGUST 2, 2016. Bill 2015-119 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15508: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 9 REGULAR COUNCIL MEETING, APRIL 4, 2016 2015-120 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF LECAR TWO SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2015-120 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15509: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-121 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO LECAR DRIVE, LOCATED IN LECAR TWO SUBDIVISION. Bill 2015-121 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15510: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-123 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SOUTH TEN MILE DRIVE. Bill 2015-123 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15511: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-128 sponsored by Councilman Mihalevich, entitled: 10 REGULAR COUNCIL MEETING, APRIL 4, 2016 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2015 - 2016 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Bill 2015-128 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15514: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-129 sponsored by Councilman Costales, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL PERTAINING TO RESIDENCY REQUIREMENTS FOR EMPLOYEES. Councilman Costales requested that Bill 2015-129 be placed on the Informal Calendar at this time. 2015-130 sponsored by Councilman Graham, entitled: AN ORDINANCE AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRA FFIC), ARTICLE III (TRAFFIC-CONTROL SIGNS, SIGNALS, AND DEVICES), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF A NEW SUBSECTION TO BRING BICYCLE LANE REGULATIONS INTO COMPLIANCE WITH STATE LAW. Bill 2015-130 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15515: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-131 sponsored by Councilman Graham, entitled: AN ORDINANCE AMENDING SECTION 19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE G (STOP INTERSECTIONS), SUBPARAGRAPH B (OTHER SPECIFIED INTERSECTIONS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION OF WOODLAWN AVENUE BEFORE ENTERING ADAMS STREET. Bill 2015-131 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15516: 11 REGULAR COUNCIL MEETING, APRIL 4, 2016 Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 2015-132 sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $74,922.50 AGREEMENT WITH STOCKMAN CONSTRUCTION CORP. FOR THE WESTWOOD DRIVE STORMWATER PROJECT. Bill 2015-132 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15517: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None INFORMAL CALENDAR 2015-116 sponsored by Councilman Scrivner, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE MINIMUM DEPTH FOR UNDERGROUND, NON-CITY OWNED UTILITIES PLACED IN THE PUBLIC RIGHT-OF-WAY Councilman Scrivner requested that Bill 2015 -116 be removed from the Informal Calendar at this time and placed on final passage. Bill 2015-116 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15518: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None RESOLUTIONS RS2015-39 sponsored by Councilman Scrivner, entitled: A RESOLUTION APPROVING THE INTENDED ALLOCATION OF REVENUES FOR CAPITAL IMPROVEMENTS SALES TAX G. 12 REGULAR COUNCIL MEETING, APRIL 4, 2016 Motion #1 A motion was made by Councilman Mihalevich to remove Resolution RS2015 -39 from the table where it was laid over from the March 21, 2016, City Council meeting. The motion was seconded by Councilman Scrivner, and approved unanimously. Motion #2: A motion was then made by Councilman Costales to accept the Substitute “Sales Tax G Proposed City Projects” list which he had previously distributed. The motion was seconded by Councilman Scrivner, and approved unanimously. Motion #3: Following discussion, a motion was made by Councilman Mihalevich to amend the substitute approved by Motion #2 by striking the “Critical Infrastructure & Building Modifications” and moving it up under “Public Safety.” The moti on was seconded by Councilman Henry, and approved unanimously. Motion to Adopt: A motion was made by Councilman Costales to adopt RS2015 -39, as substituted and amended. Motion was seconded by Councilman Mihalevich. Following discussion, further motions to amend were made. Motion #4: A motion was made by Councilman Mihalevich to further amend the substitute to specifically say “Fire Station #2.” The motion was seconded by Councilman Henry, and approved unanimously. Motion #5: A motion was made by Councilman Scrivner to add an asterisk to reference New Fire Station 2” under Public Safety, with the asterisk language stating “additional funding will be required from Sales Tax F.” The motion was seconded by Councilman Hussey, and approved unanimously. Original Motion to Adopt: The original motion to adopt substitute Resolution RS2015-39, as amended, was then approved unanimously by the following roll -call vote: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None 13 REGULAR COUNCIL MEETING, APRIL 4, 2016 RS2015-42 sponsored by Councilman Mihalevich, entitled: A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE YOUTH ALCOHOL ENFORCEMENT CAMPAIGN GRANT A motion was made by Councilman Prather for adoption of Resolution RS2015-42 as presented, seconded by Councilman Scrivner, and approved unanimously by the following roll-call vote: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None RS2015-43 sponsored by Councilman Mihalevich, entitled: A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR A MISSOURI OFFICE OF HOMELAND SECURITY, LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES (“LETPA”) GRANT A motion was made by Councilman Henry for adoption of Resolution RS2015-43 as presented, 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 RS2015-44 sponsored by Councilman Mihalevich, entitled: A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO ENTER INTO AN AUTOMATIC AID AGREEMENT. A motion was made by Councilman Henry for adoption of Resolution RS2015-44 as presented, 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 14 REGULAR COUNCIL MEETING, APRIL 4, 2016 PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations made at this time. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. NEW BUSINESS Mayor Tergin stated that since she would be absent at the April 18, 2016, City Council meeting, she wished to thank Councilman Scrivner for his service on the City Council , and wish him success in any future endeavors. She also announced that Councilman Scrivner, as President Pro Tempore, would be presiding at the meeting of the outgoing Council on April 18, and thanked him for doing that. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Prather to approve the March 21, 2016, Closed Session minutes, seconded by Councilman Branch, and approved unanimously by the following roll-call vote: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Scrivner, and Ward Nay: None ADJOURNMENT As no further business was brought before the Council, Mayor Tergin declared the meeting adjourned at 11:23 P.M.