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Home My Public Portal About2017-05-011 REGULAR COUNCIL MEETING, MAY 1, 2017 CALL TO ORDER The Regular Council Meeting of May 1, 2017, was convened at 6:00 P.M. by President Pro Tempore Rick Prather in the absence of Mayor Carrie Tergin. President Pro Tempore Prather announced the Mayor would arrive a little later in the meetin g. ROLL CALL The f ollowing Council Members were present for the roll call: Present: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Absent: None A quorum was declared present. ADOPTION OF THE AGENDA A motion was made by Councilman Graham, seconded by Councilman Fitzwater, to adopt the agenda with the amendment that the Miscellaneous Agenda items, and some of the presentations from invited guests be postponed until the Mayor arrives. The motion to adopt, as amended, was approved unanimously. MISCELLANEOUS AGENDA ITEMS *These items were postponed until Mayor Tergin arrived. PUBLIC HEARINGS (a) Special Exception Permit to Construct a Hotel Exceeding 100,000 Square Feet in a C-2 General Commercial Zoning District for Property Addressed as 1590 Jefferson Street A staff presentation was made by Eric Barron, Planner III. At the conclusion of the staff presentation, President Pro Tempore Prather opened the floor for the public to make comments in favor of, or opposition to, the proposed Special Exception Permit. 2 REGULAR COUNCIL MEETING, MAY 1, 2017 In favor:  Dr. Raymond Puri, property owner, spoke in favor of the project and offered to answer questions.  Mr. Leonard Steinman stated he is in favor of the project  Mr. John Simon, Simon Architecture, spoke on behalf of the property owner / developer. At the conclusion of the public testimony, President Pro Tempore Prather declared the evidentiary portion of the public hearing concluded and stated that the Council would now take up the associated Resolution. RS2017-1, sponsored by Councilman Graham, entitled: A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION PERMIT FOR CONSTRUCTION OF A HOTEL EXCEEDING 100,000 SQUARE FEET IN A C-2 GENERAL COMMERCIAL ZONING DISTRICT FOR PROPERTY ADDRESSED AS 1590 JEFFERSON STREET . A motion for adoption of RS2017-1 as presented was made by Councilwoman Wiseman, seconded by Councilman Graham, and approved unanimously by the following roll-call vote: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None APPOINTMENTS BY THE MAYOR The following appointments were recommended for Council approval: (a) Appointments to following City Boards and Commissions: Board or Commission Recommended Appointment Expires Status Cultural Arts Commission Nathan Kempf Mar 2019 FULL Transportation & Traffic Commission Bill Farr Jun 2018 Partial Parks & Recreation Commission: Brad Bates Lindsey Rowden Chris Wilson May 2020 May 2020 May 2020 FULL FULL FULL Planning & Zoning Commission: Chris Jordan Blake Markus Michelle Mahoney Matthew Hall May 2021 May 2018 May 2018 May 2018 FULL ALT ALT ALT 3 REGULAR COUNCIL MEETING, MAY 1, 2017 A motion was made by Councilman Hussey to approve the appointments as presented, seconded by Councilman Graham, and approved unanimously. (b) The following Council Liaison Appointments to City Boards and Commissions for 2017-2018 were recommended: Board or Commission Liaison(s) Appointed Airport Advisory Committee Mihalevich Building Construction Code Review Committee Prather Chamber Economic Development: • Site Development Review Board Mihalevich (Prather as alt.) • Transportation Committee Prather (Mihalevich as alt.) Cemetery Resources Board Schreiber Convention & Visitor’s Bureau (CVB) Mihalevich Cultural Arts Commission Ward Electrical Examiners & Review Board Fitzwater Environmental Quality Commission Schreiber Historic Preservation Commission Ward Housing Authority Fitzwater Industrial Authority Prather MSP Redevelopment Board Schreiber Parks & Recreation Commission Hussey Plumbing Examiners & Review Board Fitzwater Public Transit Advisory Committee Henry Tax Increment Finance (TIF) Commission Fitzwater Transportation & Traffic Commission Graham USS Jefferson City Submarine Committee Kemna Cole County Citizens’ Corps Fitzwater A motion was made by Councilman Henry to approve the liaison appointments as presented, seconded by Councilwoman Wiseman, and approved unanimously. *Mayor Tergin arrived at this point in the meeting and assumed the Chair (6:17 P.M.). MISCELLANEOUS AGENDA ITEMS The Council took up Miscellaneous Agenda Items at this time which had been postponed until Mayor Tergin arrived. a. Proclamation – National Bike Month Sonny Sanders, Planning & Protective Services Director, Gail Strope, Human Resources Director, and Jennifer Wenkel, Wellness Coordinator, announced that the 4 REGULAR COUNCIL MEETING, MAY 1, 2017 City of Jefferson was recognized in April, 2017, as a bronze level Bicycle Friendly Business. They also announced upcoming biking events and invited City employees and the Council to participate. b. Proclamation – Youth Week Presented to Jefferson City Elks Lodge #513 Members David Williams, Exalted Ruler of Elks Lodge #513, introduced members of Elks and explained briefly some of the contributions to youth in general, and the youth of our community, by Lodge activities and programs. c. Special Presentation to Lincoln University Council Liaison Jonathan Jackson Mayor Tergin presented Mr. Jackson with a plaque in honor of his two years of service as the City’s first Lincoln University liaison to the City Council. Mr. Jackson thanked the Mayor and Council for allowing him this opportunity as he prepared to graduate in a few days and further his education. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mayor Tergin introduced Mr. Tim Chorenziak, Lincoln University Police, and stated he had recently participated in a pushup contest with LU students which had been uploaded to YouTube. As of this date, the video had received 6.6 million views. May or Tergin thanked Mr. Chorenziak for his positive interaction with Lincoln students. She asked the other members of the LU Police to introduce themselves and thanked them for their service. City Counselor Ryan Moehlman presented a review of the City Charter ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Mayor’s Announcements:  The state Legislature passed the bill conveying property at the MSP site to the City tonight, and she was late to the meeting tonight so she could be there during the final debate and vote.  The “Mayor’s Cup” annual golf tournament founded by former Mayor John Landwehr would be held this year on July 21, and Mayor Tergin encouraged 5 REGULAR COUNCIL MEETING, MAY 1, 2017 some friendly competition among Council and City staff to raise funds for a good cause.  Shelbyfest would be held May 4-6 in Jefferson City.  The SSM “Dancing with the Stars” fund raiser event in which she would be a participant, was scheduled for May 13 & 14.  Mayor Tergin presented a “surprise” proclamation to City Clerk Phyllis Powell in honor of “Municipal Clerks Week.”  The Mayor thanked all City safety personnel who assisted citizens during the serious flooding which occurred in the past week. Staff Announcements:  Interim Planning & Protective Services Director Sonny Sanders announced the annual “Heritage Week Award Ceremony” would be held at 4:00 p.m. on Tuesday, May 16, in the City Council Chambers LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Lincoln University Liaison Jonathan Jackson presented his final report on Lincoln University events and again thanked the Council for allowing him to be the first “Lincoln Liaison” to the City Council for the past two years. He announced that commencement would occur on Saturday, May 13, at The Linc. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS The following persons spoke regarding specific bills: Judge Daniel Green, Bill 2017-9 (placing charter amendments on the August 8 ballot ). He stated his views on the issue of amending the Charter pertaining to the City Prosecutor position. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of City Council Meetings: April 17, 2017 b. Abatement of $710.57 Special Tax Bill #16641 on 1120 Madeline Place 6 REGULAR COUNCIL MEETING, MAY 1, 2017 c. Declaring Certain City-Owned Real Property on Nob Hill Surplus and Authorizing Disposal d. Awarding $32,800.00 Bid 2905 of Epoxy Floor Replacement at Waste Water Collections Facility. A motion was made by Councilwoman Wiseman to approve the Consent Agenda as presented, seconded by Councilman Prather, and approved unanimously. BILLS INTRODUCED 2017-7 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A FINAL PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 2725 MERCHANTS DRIVE. 2017-8 sponsored by Councilman Henry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION IN THE CITY OF JEFFERSON, MISSOURI, TO BE HELD ON TUESDAY, AUGUST 8, 2017, TO AUTHORIZE THE CITY TO ESTABLISH A STORMWATER UTILITY FEE ON DEVELOPED PROPERTY WITHIN THE CITY; DIRECTING NOTIFICATION OF THE ELECTION AUTHORITY; DESCRIBING THE FORM OF THE NOTICE OF ELECTION; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE 2017-9 sponsored by Councilman Hussey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING SEVERAL PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF JEFFERSON TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. Councilman Hussey made a motion to direct the City Counselor to draft a substitute bill which would split Bill 2017-9 into four separate bills to be taken up at the May 15 Council meeting. The motion was seconded by Councilman Mihalevich, and approved unanimously. 2017-10 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 0.73 ACRES OF LAND ADDRESSED AS 748 7 REGULAR COUNCIL MEETING, MAY 1, 2017 WEST STADIUM BOULEVARD FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL. BILLS PENDING 2017-1 sponsored by Councilman Henry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,198,100.89 AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2017 MILL AND OVERLAY PROJECT. Bill 2017-1 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15660: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2017-2 sponsored by Councilman Graham, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19, (MOTOR VEHICLES AND TRAFFIC) SCHEDULES V (ACCESSIBLE PARKING SPACES) AND J (PARKING PROHIBITED) OF THE CODE OF THE CITY OF JEFFERSON, BY THE MODIFICATION OF PORTIONS OF MCCARTY STREET. Bill 2017-2 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15661: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2017-3 sponsored by Councilman Graham, entitled: AN ORDINANCE AMENDING SECTION 19-401 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE B (LEFT TURNS PROHIBITED, RIGHT TURNS PROHIBITED); AND SCHEDULE U (SCHOOL BUS LOADING ZONES, SCHOOL ZONES, PARKING LOTS, ETC.) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO STREETS IN THE VICINITY OF LEWIS AND CLARK MIDDLE SCHOOL. Bill 2017-3 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15662: 8 REGULAR COUNCIL MEETING, MAY 1, 2017 Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2017-4 sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIDWEST ATC SERVICE, INC., FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OCTOBER 1, 2016, THROUGH SEPTEMBER 30, 2017. Bill 2017-4 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15663: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2017-5 sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2016 - 2017 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARK FUND. Bill 2017-5 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15664: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2017-6 sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AWARDING RFP-2908 TO BMO HARRIS EQUIPMENT FINANCE CORPORATION AND AUTHORIZING THE MAYOR AND CITY STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO UTILIZE THE PROPOSAL OF BMO HARRIS EQUIPMENT FINANCE CORPORATION TO FINANCE THE REPLACEMENT OF FIRE APPARATUS AND AMENDING THE 2016-2017 BUDGET BY AUTHORIZING A SUPPLEMENTAL APPROPRIATION WITHIN THE GENERAL FUND. 9 REGULAR COUNCIL MEETING, MAY 1, 2017 Bill 2017-6 was read third time by title, placed on final pass age, and passed by the following roll-call vote as Ordinance 15665: Aye: Fitzwater, Graham, Henry, Hussey, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None Abstain: Kemna RESOLUTIONS RS2017-1 was taken up earlier in the meeting. INFORMAL CALENDAR No bills appeared on the Informal Calendar. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Leonard Steinman made a presentation stating his opinion regarding elected officials who donate to campaign funds of candidates for election. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY Mayor Tergin made a brief statement in response to Mr. Steinman’s presentation. NEW BUSINESS There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council. APPROVAL OF CLOSED SESSION MINUTES 10 REGULAR COUNCIL MEETING, MAY 1, 2017 A motion was made by Councilman Hussey to approve the April 17, 2017, Closed Session Minutes. The motion was seconded by Councilman Graham, and approved unanimously by the following roll-call vote: Aye: Fitzwater, Graham, Henry, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None GO INTO CLOSED SESSION Mayor Tergin stated 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. Discussion of Operational Guidelines, Policies, and Response plans “for use in responding to or preventing any critical incident which is or appears to be terrorist in nature.” Disclosure would impair the City’s ability to project the security or safety of people and property; public interest in non -disclosure outweighs the public interest in having this portion of the meeting be open. [Sec. 610.021.18] b. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Mihalevich to go into Closed Session at this time for the above stated purposes, seconded by Councilwoman Wiseman, and approved unanimously by the following roll-call vote at 8:04 P.M.: Aye: Fitzwater, Graham, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: Henry