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Home My Public Portal About201305201 REGULAR COUNCIL MEETING, MAY 20, 2013 CALL TO ORDER The Regular Council Meeting of May 20, 2013, was convened at 6:00 P.M. by President Pro Tempore Bob Scrivner in the absence of Mayor Eric Struemph. ROLL CALL The following Council Members were present for the roll call: Present: Branch, Bray, Carroll, Graham, Henry, Hussey, Prather, Schulte, and Scrivner Absent: Mihalevich (arrived at 6:28 P.M.) A quorum was declared present. MISCELLANEOUS AGENDA ITEMS There were no items brought before the Council at this time. PUBLIC HEARINGS a. Amended Final PUD Plan for Property Addressed as 2118 Schotthill Woods Drive A staff presentation was made by Planning & Protective Services Director Janice McMillan. Following her presentation, no one came forward to speak in favor of, or opposition to, the proposed PUD Plan. President Pro Tempore Scrivner announced that the public hearing is concluded, and that the Council will now take up the associated pending bill. 2013-11, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED FINAL PUD PLAN FOR LAND ADDRESSED AS 2118 SCHOTTHILL WOODS DRIVE AND DESCRIBED AS LOTS 95 AND 96 OF SCHOTTHILL WOODS SUBDIVISION, SECTION FOUR, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2013-11 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15116: 2 REGULAR COUNCIL MEETING, MAY 20, 2013 Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Prather, Schulte, and Scrivner Nay: None MINUTES AND REPORTS RECEIVED AND FILED President Pro Tempore Scrivner announced that the following minutes and reports have been received and are on file for review in the City Clerk’s office: a. Animal Control Section Monthly Report for April, 2013 b. Public Safety Committee, February 28, 2013 c. Planning & Zoning Commission, April 11, 2013 d. CAMPO Technical Committee, April 4, 2013 e. Board of Electrical Review & Examiners, March 6, 2013 f. Board of Adjustment, April 9, 2013 g. Parks and Recreation Commission, April 10, 2013 h. Historic Preservation Commission, March 26, 2013 COUNCIL COMMITTEE REPORTS Administration Committee – Councilwoman Carrie Carroll reported that the next meeting will be held on Wednesday, June 5, at 8:00 A.M. Finance Committee – Councilman Shawn Schulte announced that next meeting will be held on Tuesday, May 28, at 7:30 A.M. Public Safety Committee – Councilman Rick Prather reported that the next meeting will be held on Thursday, May 30, following the Brown Bagel Work Session . Public Works & Planning Committee – Councilman Bob Scrivner announced that the next meeting will be held on Thursday, May 23, at 7:30 A.M. Other Committee and Liaison Reports – There were no other reports made at this time. APPOINTMENTS BY THE MAYOR 3 REGULAR COUNCIL MEETING, MAY 20, 2013 President Pro Tempore Scrivner announced that Mayor Struemph has recommended 2013-2014 Council Liaison appointments, as well as one re-appointment to the CAMPO Board, for Council approval, as follows: Board or Commission Liaison(s) Appointed Airport Advisory Committee Schulte Chamber Economic Development Prather & Scrivner • Site Development Review Board Scrivner (Prather as alt.) • Transportation Committee Prather (Scrivner as alt.) Capital Area Metropolitan Planning Organization (CAMPO) Hussey replacing Prather Cemetery Board Bray Convention & Visitor’s Bureau (CVB) Carroll Cultural Arts Commission Mihalevich Electrical Examiners & Review Board Bray • Plumbing Examiners & Review Board Bray Environmental Quality Commission Henry Historic Preservation Commission Henry Industrial Authority Prather JCTV Steering Committee Henry Parks & Recreation Commission Schulte Tax Increment Finance (TIF) Schulte Transportation & Traffic Commission Graham USS Jefferson City Submarine Committee Bray MEMBERSHIP ON EXTERNAL BOARDS Cole County Citizens’ Corps (Public Safety Chair – as elected by Public Safety Committee) Salute to America Foundation Mayor currently serves Old Town Revitalization Board Bray A motion was made by Councilwoman Carrie Carroll to approve the appointments as recommended, seconded by Councilman Shawn Schulte, and approved unanimously by the following roll-call vote: 4 REGULAR COUNCIL MEETING, MAY 20, 2013 Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Prather, Schulte, and Scrivner Nay: None PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Planning & Protective Services Director Janice McMillan made a presentation r egarding the duties and functions of the City’s Planning and Zoning Commission. Following her presentation, she introduced Mr. Ralph Robinett, Chairman of that Commission, who made a presentation. At the conclusion of the joint presentation, President Pro Tempore Scrivner and Councilwoman Carrie Carroll thanked Mr. Robinett for his valuable service to the community on the Commission. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Planning & Protective Services Director Janice McMillan announced that the annu al Landmark Award Ceremony will be held at 4:00 p.m. on Thursday, May 23, in the City Council Chambers, and invited everyone to attend. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. CONSENT AGENDA a. Minutes of City Council Meetings: April 30 and May 6, 2013 b. Bid 2670 – Mini Excavator, Wastewater Collection c. Change Order No. 1 with Sam Gaines Construction for Stadium Blvd. Right Turn Lane & Target Driveway Sidewalk Project A motion was made by Councilman Rick Prather for approval of the Consent Agenda as presented, seconded by Councilman Larry Henry, and approved unanimously. 5 REGULAR COUNCIL MEETING, MAY 20, 2013 BIDS OVER $50,000 a. Bid 2673 – Armored Vehicle, Police Dept. Chief Roger Schroeder made a brief presenta tion, and then introduced Captain Doug Shoemaker who provided the Council a handout and gave a presentation regarding the background of the armored vehicle purchase being brought before the Council for approval. He introduced several members of the City’s S.W.A.T. team who were present at tonight’s meeting. *Councilman Rick Mihalevich arrived at this point in the meeting during the presentation (6:28 PM). Following the presentation, a motion was made by Councilman Ralph Bray for approval of the bid as presented, seconded by Councilman Larry Henry, and approved unanimously. BILLS INTRODUCED 2013-15, sponsored by Councilman Prather, entitled: AN ORDINANCE AMENDING CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY INCREASING MINIMUM PENALTIES FOR FINES. 2013-16, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2012- 2013 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECOGNIZING REVENUE AND APPROPRIATING ADDITIONAL FUNDS W ITHIN THE PARK FUND. 2013-17, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE 2012-2013 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY RECLASSIFYING A POSITION WITHIN THE POLICE DEPARTMENT. 2013-18, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LOGAN EXCAVATING, LLC, FOR THE AIR STREETS STORMWATER PHASE I PROJECT. 6 REGULAR COUNCIL MEETING, MAY 20, 2013 Councilman Scrivner requested that the rules be suspended and Bill 2013-18 placed on third reading and final passage tonight to allow the project to begin as soon as school is out for the year. There were no objections to the request to suspend the rules. Bill 2013-18 was read second and third times by title, placed on final passage and passed by the following roll-call vote as Ordinance 15120: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-19, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JOHNSON CONSULTING, INC., FOR CONFERENCE CENTER FACILITATION SERVICES. Councilman Mihalevich indicated he did not plan to request suspension of the rules himself, but would like to hear Council discussion on the issue first. He stated that if another Council Member wished to request suspension of the rules, he would support the decision of the rest of the Council on the issue. Following a lengthy discussion and a question and answer period to staff, Councilman Henry requested that the rules be suspended and Bill 2013-19 placed on third reading and final passage tonight to allow the facilitator to begin receiving data as quickly as possible. There were no objections to the request to suspend the rules. Bill 2013-19 was read second and third times by title, placed on final passage and passed by the following roll-call vote as Ordinance 15121: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None BILLS PENDING 2013-6, sponsored by Councilman Scrivner, entitled: 7 REGULAR COUNCIL MEETING, MAY 20, 2013 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY SETTING PROCEDURES FOR JOINT CITY AND COUNTY CAPITAL IMPROVEMENT SALES TAX PROJECTS. Bill 2013-6 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15111: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-7, sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY TO PROVIDE NEW WORLD SYSTEMS SOFTWARE SUPPORT. Bill 2013-7 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15112: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-8, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL REGARDING RESIDENCY OF CITY EMPLOYEES. Bill 2013-8 was read third time by title and placed on final passage. A motion was made by Councilman Mihalevich to amend Bill 2013 -8 by adding “Director of Planning and Protective Services” after the words “Fire Chief.” The motion was seconded by Councilman Rick Prather. Following a lengthy discussion, Councilman Ralph Bray moved to call the question, seconded by Councilman Shawn Schulte, and approved unanimously. The motion to amend was then voted on by roll-call as follows: Aye: Bray, Graham, Henry, Mihalevich, and Scrivner Nay: Branch, Carroll, Hussey, Prather, and Schulte 8 REGULAR COUNCIL MEETING, MAY 20, 2013 RECESS Following the vote on Bill 2013-8, a brief recess was called at 7:35 PM to allow City Counselor Drew Hilpert to make a ruling on a tie vote in the absence of the Mayor. RECONVENE The following Council Members were present when the meeting reconvened at 7:43 PM: Present: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Absent: None City Counselor Drew Hilpert ruled that the vote taken on the motion to amend Bill 2013 - 8 is defeated in the case of a tie vote with no Mayor present to break the tie. A motion to amend Bill 2013-8 was then made to Councilman Ken Hussey, seconded by Councilman Shawn Schulte, by “deleting the Director of Public Works.” Following a lengthy discussion, Councilman Bray moved to call the question, seconded by Councilman Henry, and approved unanimously. Councilman Hussey’s motion to amend was then defeated by the following roll-call vote: Aye: Branch, Hussey, Prather, Schulte, and Scrivner Nay: Bray, Carroll, Graham, Henry, and Mihalevich Bill 2013-8 was then passed by the following roll-call vote as Ordinance 15113: Aye: Bray, Carroll, Graham, Henry, Hussey, Mihalevich, and Prather Nay: Branch, Schulte, and Scrivner 2013-9, sponsored by Councilman Prather, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PROST BUILDERS, INC., FOR THE JEFFERSON CITY FIRE STATION #3 PROJECT. Bill 2013-9 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15114: 9 REGULAR COUNCIL MEETING, MAY 20, 2013 Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-10, sponsored by Councilman Schulte, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2013-10 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15115: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-12, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF BRICKYARD TERRACE SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Bill 2013-12 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15117: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 2013-13, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), (STREETS AND HIGHWAYS), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO KAREN DRIVE, LOCATED IN BRICKYARD TERRACE SUBDIVISION. Bill 2013-13 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15118: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None 10 REGULAR COUNCIL MEETING, MAY 20, 2013 2013-14, sponsored by Councilman Scrivner, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MODOT FOR PUBLIC TRANSIT OPERATING ASSISTANCE. Bill 2013-14 was read third time by title, placed on final passage and passed by the following roll-call vote as Ordinance 15119: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None RESOLUTIONS RS2013-11, sponsored by Councilman Scrivner, entitled: A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR’S SIGNATURE AND SUBMITTAL OF THE REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR A PROJECT AT 614 E. MCCARTY STREET A motion was made by Councilman Ken Hussey for adoption of RS2013-11, seconded by Councilman Shawn Schulte, and approved by the following roll-call vote: Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Prather, Schulte, and Scrivner Nay: None Abstain: Mihalevich RS2013-12, sponsored by Councilman Scrivner, entitled: A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR’S SIGNATURE AND SUBMITTAL OF THE REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOMEOWNER SUPPORT PROGRAMS FOR PROGRAM YEAR 2013. A motion was made by Councilman Rick Prather for adoption of RS2013 -12, seconded by Councilman Shawn Schulte, and approved by the following roll -call vote: 11 REGULAR COUNCIL MEETING, MAY 20, 2013 Aye: Branch, Bray, Carroll, Graham, Henry, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. James Renick made a presentation regarding the history of the Missouri State Penitentiary property and stated his opinions pertaining to how the property should be utilized. 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 at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Ken Hussey to approve the May 6, 2013, Closed Session minutes, seconded by Councilman Carlos M. Graham, and approved unanimously. GO INTO CLOSED SESSION President Pro Tempore Bob Scrivner stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: a. Legal Actions [Sec. 610.021.(1)] 12 REGULAR COUNCIL MEETING, MAY 20, 2013 The motion was made by Councilman Jim Branch to go into Closed Session for the above-stated provision, seconded by Councilman Rick Mihalevich, and approved by the following roll-call vote at 8:15 P.M.: Aye: Branch, Bray, Carroll, Graham, Hussey, Mihalevich, Prather, Schulte, and Scrivner Nay: Henry