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HomeMy Public PortalAbout2019-03-181 REGULAR COUNCIL MEETING, MARCH 18, 2019 CALL TO ORDER Mayor Carrie Tergin called the March 18, 2019 City Council meeting to order at 6:04 P.M. ROLL CALL The f ollowing Council Members were present for the roll-call: Present: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Absent: None A quorum was declared present. ADOPTION OF THE AGENDA A motion was made by Councilwoman Ward to approve the agenda. Councilwoman Wiseman seconded the motion. There being no objection, the motion to adopt the agenda was approved unanimously. MISCELLANEOUS AGENDA ITEMS Brad Van Loo introduced himself as the new Local 671 Firefighter’s Union President. Steve Crowell, City Administrator; Matt Morasch, Director of Public Works; and Mark Mehmert, Director of Transit presented the March Outstanding Employee Service Award to Maurice Burnley of the Transit Division. Mayor Tergin thanked Mr. Burnley for his hard work and loyalty to the City. She presented a City coin and gift certificates to Mr. Burnley. PUBLIC HEARINGS a. Special Exception Permit to Operate a Short Term Rental for Property Located at 3261 S. Ten Mile Drive i. Associated Resolution RS2018-35 A staff presentation was made by Sonny Sanders, Director of Planning and Protective Services. The applicant, Mike Ryno, spoke in favor of the resolution. There being no others from the public to speak on the resolution, Mayor Tergin declared the evidentiary portion of the public hearing concluded and stated that the Council would now take up the associated resolution. 2 REGULAR COUNCIL MEETING, MARCH 18, 2019 RS2018-35 sponsored by Councilman Graham, entitled A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION PERMIT TO OPERATE A SHORT TERM RENTAL FOR PROPERTY ADDRESSED AS 3261 SOUTH TEN MILE DRIVE The resolution was adopted by the following roll-call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None b. Special Exception Permit to Operate a Short Term Rental for Property Located at 2059 Hastings Road i. Associated Resolution RS2018-36 A staff presentation was made by Sonny Sanders, Director of Planning and Protective Services. The following spoke on the resolution: Judy Bryant, applicant, 2059 Hastings Rd. – in favor of the resolution Greg Wene, 2112 Hastings Rd. – opposed Sandi Maier, 4063 Westminister Dr. – in favor Bruce Chinn, 2124 Hastings Rd. – opposed Shelly Land, 2058 Hastings Rd. – in favor Gary Barnhardt, 4023 Newcastle Ln. – opposed Nate Swoboda, 2053 Hastings Rd. – in favor Cristian Oros, 4070 Newcastle – opposed DJ Rehmeier, 4010 Westminister Dr. – opposed Sladana Oros, 4070 Newcastle - opposed There being no others from the public to speak on the resolution, Mayor Tergin declared the evidentiary portion of the public hearing concluded and stated that the Council would now take up the associated resolution. RS2018-36 sponsored by Councilman Graham, entitled A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION PERMIT TO OPERATE A SHORT TERM RENTAL FOR PROPERTY ADDRESSED AS 2059 HASTINGS ROAD 3 REGULAR COUNCIL MEETING, MARCH 18, 2019 Councilman Hussey motioned to adopt RS2018 -36. Councilwoman Wiseman seconded the motion. The resolution was adopted by the following roll-call vote: Aye: Fitzwater, Hensley, Hussey, Kemna, Mihalevich, Schreiber, Ward, and Wiseman Nay: Graham and Prather c. Amending Chapter 35, Zoning Pertaining to Telecommunication Facilities and Small Wireless Facilities i. Associated Pending Bill 2018-109 A staff presentation was made by Ryan Moehlman, City Counselor. Paul VanHorn, 808 Strasburg Ct., expressed his concerns with the bi ll. There being no others from the public to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded and stated that the City Council would now take up the associated pending bill. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35 THE ZONING CODE PERTAINING TO TELECOMMUNICATION FACILITIES. Bill 2018-109 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15888: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None APPOINTMENTS BY THE MAYOR Councilman Prather motioned and Councilwoman W iseman seconded the motion to approve the appointments to the following Boards and Commissions. The motion passed unanimously. Board or Commission Recommended Appointment New Term Expires Term Full/ Partial Airport Advisory Board Jonathan Abbott Mar 2023 Full 4 REGULAR COUNCIL MEETING, MARCH 18, 2019 Airport Advisory Board Dennis Bening Mar 2023 Full Board of Adjustment Jay Seaver Sept 2020 Partial Roy Michael Sept 2019 Partial Cultural Arts Commission Heidi Lucas Mar 2022 Full Katy Lacy Mar 2022 Full Holly Stitt Mar 2022 Full Melissa Wampler Mar 2022 Full Library Board of Directors Ruth Canada-Painter Mar 2022 Full Valerie Weber Mar 2022 Full USS Jefferson City Submarine Committee Patrick Bonnot Mar 2022 Full Marti Thruston Mar 2022 Full PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF  Mayor Tergin announced one of the current Bicentennial projects, the Missouri Bicentennial Quilt. The State Historical Society of Missouri and Missouri Star Quilt Company are partnering to create the quilt using one quilt block from each Missouri county. Citizens can learn more and submit their entry for their county at missouri2021.org.  Councilman Schreiber thanked Fire Chief Matt Schofield and Assistant Chief Tim Grace for hosting Councilman Schreiber for the day at Station 1 on March 7th.  Mayor Tergin announced The Concert Inside the Walls entertainment, Dennis DeYoung and the music of Styx; scheduled for Saturday June 1st. Tickets are on sale now at etix.com or www.concertinsidethewalls.com. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Caroline Wanjiru made the following announcements:  The Presidential Lecture Series, featuring Donna Brazile is scheduled for Thursday, March 21, 2019, in the Scruggs University Center Ballroom . Doors open at 5:30 P.M., and the program begins at 6:00 P.M.  The University’s Nursing Program was just ranked #3 in the state of Missouri.  A high school science fair is scheduled for March 22nd at the University. University science major students will be assisting with the fair. 5 REGULAR COUNCIL MEETING, MARCH 18, 2019  April 27th is the 17th Annual President’s Gala at the LINC. Mayor Tergin will emcee the event. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations at this time. CONSENT AGENDA The following items were brought before the City Council for approval by Consent: a. Minutes of City Council Meeting: March 4, 2019 b. Minutes of the Historic Preservation Plan Consultants Meeting: March 4, 2019 c. Permissive Use Right-of-Way for Parking and ADA Lift in front of the Property Addressed as 1313 Industrial Drive d. Authorize the $22,466 Estimated Bid 3044 – Year One for PACE Analytical to Provide Influent/Effluent Testing Services at the Wastewater Treatment Plant e. Authorize $21,227 Estimated Bid 3043 for Street Marking Paint with Ennis -Flint, Inc. A motion was made by Councilman Prather and seconded by Councilwoman Wiseman to approve the Consent Items. The motion was approved unanimously. BIILLS INTRODUCED 2018-119 sponsored by Councilman Graham, co-sponsored by Councilman Prather AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FY2018-2019 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. 2018-120 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A SANITARY SEWER EASEMENT OVER A PORTION OF PROPERTY ADDRESSED AS 2511 EAST SCHELLRIDGE ROAD, IN THE CITY OF JEFFERSON, MISSOURI. 2018-121 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN 6 REGULAR COUNCIL MEETING, MARCH 18, 2019 CONSTRUCTION CORP., IN THE AMOUNT OF $274,072.17 FOR THE MISSOURI BOULEVARD SIDEWALK PROJECT. 2018-122 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR PUBLIC TRANSIT OPERATING ASSISTANCE. 2018-123 sponsored by Councilman Kemna AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2018 - 2019 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARK FUND. BILLS PENDING 2018-107 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF JEFFERSON, BY REMOVING PARKING FROM THE NORTH SIDE OF LEE STREET, BETWEEN MOREAU DRIVE AND HIGHCLIFF STREET. There being no objection, Bill 2018-107 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15889: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-108 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF JEFFERSON, BY REMOVING PARKING FROM THE WEST SIDE OF HOUGH PARK ROAD, BETWEEN KOLB DRIVE AND CAROL STREET. There being no objection, Bill 2018-108 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15890: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 7 REGULAR COUNCIL MEETING, MARCH 18, 2019 2018-109 Taken up under 5(c.) 2018-110 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF CAPITAL CITY HIGH SCHOOL SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. There being no objection, Bill 2018-110 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15891: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-111 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING SANITARY SEWER EASEMENTS OVER PORTIONS OF PROPERTY LOCATED IN CAPITAL CITY HIGH SCHOOL SUBDIVISION. There being no objection, Bill 2018-111 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15892: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-112 sponsored by Councilman Graham AN ORDINANCE AMENDING SECTION 19-401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO CAVALIER DRIVE LOCATED IN CAPITAL CITY HIGH SCHOOL SUBDIVISION. There being no objection, Bill 2018-112 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15893: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-113 sponsored by Councilman Graham 8 REGULAR COUNCIL MEETING, MARCH 18, 2019 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF RIDGECREST SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Paul Sampson of Central Missouri Professional Services answered City Council questions regarding the bill. There being no objection, Bill 2018-113 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15894: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-114 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH SNK REAL PROPERTY HOLDINGS, LLC. There being no objection, Bill 2018-114 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15895: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-115 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18, ARTICLE VIII THE DEFINITION OF HABITUAL OFFENDERS. There being no objection, Bill 2018-115 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15896: Aye: Fitzwater, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: Graham 2018-116 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $124,110 AGREEMENT WITH TYLER 9 REGULAR COUNCIL MEETING, MARCH 18, 2019 TECHNOLOGIES-NEW WORLD FOR THE UPGRADE OF SOFTWARE USED IN THE 911 CENTER AT THE POLICE DEPARTMENT. There being no objection, Bill 2018-116 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15897: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2018-117 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADDING A NEW ARTICLE GOVERNING THE PERMITTING AND CARE OF COMMUNITY CATS. A motion was made by Councilman Hensley and seconded by Councilwoman Wiseman to allow Evan Meeks to testify on the bill. The motion passed unanimously. Mr. Meeks voiced his concerns with who determines if a cat is a nuisance. After some discussion with Staff and Councilmembers, Bill 2018-117 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15898: There being no objection, Bill 2018-117 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15898: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS a. RS2018-35 taken up under 5(a.) b. RS2018-36 taken up under 5(b.) c. RS2018-37 sponsored by Councilwoman Wiseman entitled: A RESOLUTION AUTHORIZING THE APPROVAL OF SUCCESSOR DIRECTORS TO THE CAPITAL MALL COMMUNITY IMPROVEMENT DISTRICT 10 REGULAR COUNCIL MEETING, MARCH 18, 2019 Mr. Moehlman presented the resolution. Councilman Kemna motioned to adopt RS2018-37. Councilwoman Ward seconded the motion. The resolution was adopted by the following roll-call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None d. RS2018-38 sponsored by Councilwoman Wiseman entitled: A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING AN APPLICATION TO THE HISTORIC REVITALIZATION SUBGRANT PROGRAM ADMINISTERED THROUGH THE NATIONAL PARK SERVICE IN AN AMOUNT OF UP TO $750,000 Mr. Sanders presented the resolution. Councilman Hussey motioned to adopt RS2018-38. Councilman Schreiber seconded the motion. The resolution was adopted by the following roll -call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None e. RS2018-39 sponsored by Councilman Schreiber entitled: A RESOLUTION APPROVING A REQUEST FOR QUALIFICATIONS RECOMMENDED BY THE MISSOURI STATE PENITENTIARY COMMUNITY PARTNERS FOR A MASTER DEVELOPER Mr. Moehlman presented the resolution. Councilman Hussey motioned to adopt RS2018-39. Councilman Fitzwater seconded the motion. The resolution was adopted by the following roll -call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None Councilman Hussey then motioned to adopt the sub stitute request for qualifications. Councilwoman Ward seconded the motion. The substitute was adopted by the following roll-call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman 11 REGULAR COUNCIL MEETING, MARCH 18, 2019 Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY There were no responses at this time. NEW BUSINESS There was no new business at this time. APPROVAL OF 3/4/2019 CLOSED SESSION MINUTES Councilman Schreiber motioned to approve the March 4, 2019 Closed Session minutes. Councilwoman Wiseman seconded the motion. The motion passed by the following roll-call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilwoman Wiseman seconded by Councilman Graham, and approved unanimously at 8:29 P.M.