1 COUNCIL AGENDA June 29, 2009 - 700 p.m. COUNCIL SEATING by annieparksi

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									                                                COUNCIL AGENDA

                                               June 29, 2009 - 7:00 p.m.

                                          COUNCIL SEATING ARRANGEMENT

                           Vincent J. Capell           Ken Shearin             Paula Heyde
                            City Manager                 Mayor                  City Clerk

     MANAGER’S
     STAFF*                   COUNCILMEMBERS                  COUNCILMEMBERS

                             Mike Hirter (At Large)              Roger E. Baker (1st District)

                       Barbara LaBass (5th District)                  Donna Jean Boyer (At Large)

                Gary Roach (4th District)                                  Mike A. Bozarth (3rd District)

          Joyce A. Starr (2nd District)                                         Bill Falkner (At Large)

     *City Attorney Lisa M. Robertson, Property Maintenance & Technology Services Director Steve Hofferber,
     Financial Services Director Carolyn Harrison, Fire Chief Michael L. Dalsing, Health Director Debra
     Bradley, Human Resources Director Diana Slater, Parks, Recreation & Civic Facilities Director Bill R.
     McKinney, Planning & Community Development Director Clint Thompson, Police Chief Christopher
     Connally, Public Works & Transportation Director J. Bruce Woody and Customer Assistance Director
     Samuel T. Barber.
     ________________________________________________________________________________________

       CALL TO ORDER:

       ROLL CALL:


       PLEDGE OF ALLEGIANCE:


       MINUTES:

1.     Approval of the minutes of the special meeting held June 15, 2009, at 6:30 p.m., and the regular meeting
       held June 15, 2009, at 7:00 p.m., as transcribed in the office of the City Clerk.


2.     SPECIAL RECOGNITIONS:

           Special Recognition Award – Debbie Pryor


3.     ACCEPTANCE OF AGENDA:



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4.    CONSENT AGENDA:


      Nominations and Appointments:

5.    Filed 6/16/09: Councilmember Starr nominates Sasha Lee, 415 N. 3rd Street, Apt. 701, to serve as a
      member of the Special Business District Board for a term expiring July 7, 2012; she is replacing Steve T.
      Holdenried whose term will expire on July 7, 2009.



6.    Filed 6/17/09: Mayor Shearin nominates Jacklyn Koeneman, 3216 Arbor Lake Drive, to serve as a member
      of the Library Board for a term expiring June 30, 2012; she is replacing Marlys Thedinger, whose term will
      expire June 30, 2009.



7.    Filed 6/17/09: Councilmember Roach nominates Roger L. Martin, 2212 Lovers Lane, to serve as a member
      of the Landmark Commission for a term expiring July 13, 2012; he is being reappointed.



8.    Filed 6/22/09: Councilmember Boyer nominates Brian Weets, 3028 Edmond Street, to serve as a member
      of the Plumbers’ Examining & Appeals Board for a term expiring June 29, 2014; he is replacing Tom
      Supple, whose term has expired.



9.    Filed 6/22/09: Councilmember Boyer nominates Shane Brewer, 3501 Scott Street, to serve as a member of
      the Building & Fire Prevention Code Board of Appeals for a term expiring June 29, 2014; he is replacing
      Tim Sprague, whose term has expired.




      Bills for Passage:

10.   A Bill (#1281-06) repealing Division 2 of Article V “Boards and Commission” of Chapter 2
      “Administrative Code” of the Code of Ordinances entitled “St. Joseph Museum Board”.




11.   A Bill (#1274-06) approving the final plat entitled “Eastowne Business Park Plat 1”, a major subdivision
      consisting of eight (8) lots located at the southwest corner of Pickett Road and South Riverside Road as
      requested by the St. Joseph Business Park Corporation by Ted Allison, agent.




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      CONSENT AGENDA: Bills for Passage: (Cont’d)

12.   A Bill (#1275-06) vacating a north/south and east/west “L” shaped portion of the alley located between the
      properties at 1215 6th Avenue and 1502 7th Avenue, as requested by Randy Miller, owner/agent.




13.   A Bill (#1286-06) entering into a “Real Estate Sales Agreement” with and granting a Quit Claim Deed to
      New Hope Missionary Baptist Church for a portion of the property located at 409 South 18th Street.




14.   A Bill (#1282-06) to accept a bid in the amount of $95,700.00 from Lanham Music for the purchase and
      installation of a new sound system for the Civic Arena.




15.   A Bill (#1287-06) authorizing the purchase of five (5) screw flow pumps for the Water Protection Division
      of the Public Works & Transportation Department from Lakeside Equipment Corporation for the amount of
      $263,290.00.




16.   A Bill (#1284-06) amending the Sewer Fund budget in the amount of $40,000.00 to enter into a Release of
      Claims and Settlement Agreement with Patricia Curnutt for wastewater backups at 3811 Wheatridge Drive
      on July 16, 2004 and May 3, 2008.




17.   A Bill (#1283-06) accepting the proposal from CBIZ/BCK&W, brokers for Community Health Plan (CHP),
      for health insurance coverage for St. Joseph Mass Transit (Transit) employees in the amount of
      $1,100,500.00.




18.   A Bill (#1280-06) approving an agreement for legal services with Cunningham, Vogel & Rost, P.C. for
      utility consulting services.




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      CONSENT AGENDA: Bills for Passage: (Cont’d)

19.   A Bill (#1272-06) to enter into a housing rehabilitation contract with Sandra Kay and William Linder, wife
      and husband, (owners) and Superior Exteriors of Northwest Missouri LLC (Contractor) for a housing
      rehabilitation project at 2003 Mitchell Avenue in a total amount not to exceed $46,185.00.




20.   A Bill (#1271-06) to enter into a housing rehabilitation contract with Amanda M. and Jeffry Ellsworth, wife
      and husband, (owners) and Superior Exteriors of Northwest Missouri LLC (Contractor) for a housing
      rehabilitation project at 2404 Penn Street in a total amount not to exceed $32,023.35.




      Resolutions for Adoption:

21.   A Resolution (#1289-06) confirming and ratifying an agreement for professional services with Gilmore &
      Bell, P.C. LLP, to serve as the City’s bond counsel for an additional one year term.




22.   A Resolution (#1290-06) confirming and ratifying an agreement for professional services with Piper Jaffray
      & Co., to serve as the City’s financial advisor for an additional one year term.




23.   A Resolution (#1292-06) confirming and ratifying an agreement for depository and pledge
      custodian/safekeeping services with Citizen’s Bank and Trust for an additional one year term.




24.   A Resolution (#1293-06) confirming and ratifying an agreement for Merchant Card Services with US Bank
      for an additional one year term.




25.   A Resolution (#1295-06) confirming and ratifying an agreement for professional services with Cochran,
      Head, Vick & Co., P.C. to perform the City’s annual audit for an additional one year term.




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      CONSENT AGENDA: Resolutions for Adoption: (Cont’d)

26.   A Resolution (#1298-06) confirming and ratifying an agreement for procurement card services with
      Commerce Bank for an additional one year term.




27.   A Resolution (#1299-06) authorizing the submittal to the Missouri Department of Natural Resources
      (MDNR) State Historic Preservation Office (SHPO) an application for funds in the amount of $133,800.00
      from Round Two of Federal Fiscal Year 2009 historic preservation funds to assist the Pony Express
      Historical Association, dba Patee House Museum, in a roof replacement project at the Patee House
      Museum, 1202 Penn Street.




28.   A Resolution (#1300-06) to execute a Memorandum of Understanding with Mid America Regional Council
      and the City of Lawrence, KS to join an internet based website called Rideshare to promote alternative
      modes of transportation and to create a regional carpool matching system for registered users.




29.   A Resolution (#1304-06) authorizing certain individuals to effect securities transactions with Commerce
      Bank, N.A., UBS Financial Services and Merrill Lynch.




                  * * * * * * * * * * * END OF CONSENT AGENDA * * * * * * * * * * * * * * * *




      BILLS FOR PASSAGE:

30.   A Bill (#1246-06) approving the Downtown St. Joseph Tax Increment Financing Redevelopment Plan and
      establishing a redevelopment area.




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      EMERGENCY BILLS FOR PASSAGE:

31.   An Emergency Bill (#1308-06) authorizing the City Manager to execute future change orders with Emery
      Sapp & Sons, Inc. for the construction of additional infrastructure at the Eastowne Business Park Plat 1 in
      the amount not to exceed $375,000.00.




32.   An Emergency Bill (#1309-06) sponsored by Councilmember Roach to enter into a land lease (Number
      DACA41-5-07-2151) with the United States of America, Missouri Air National Guard, to grant the
      Missouri Air National Guard authority to use 34.05 acres for construction of fire house facilities and other
      uses at Rosecrans Memorial Airport.




      RESOLUTIONS FOR ADOPTION:

      None.




      BILLS FOR FIRST READING:

33.   A Bill (#1291-06) amending Section 28-1596 of the Code of Ordinances entitled “Fire lanes”.


34.   A Bill (#1294-06) sponsored by Mayor Shearin and Councilmember Falkner amending the Riverboat
      Gaming Fund budget in the amount of $15,000.00 to provide additional funds to the Social Welfare Board.


35.   A Bill (#1296-06) amending Section 28-1592 of the Code of Ordinances entitled “Parking time limits on
      certain streets”.


36.   A Bill (#1297-06) amending the Museum Fund budget in the amount of $184,500.00 to provide
      reimbursement to St. Joseph Museums, Inc. for the 2008/2009 Fiscal Year.


37.   A Bill (#1301-06) authorizing a unit price contract with Herzog Contracting Corporation and authorizing
      the issuance of purchase orders towards this contract in the amount not to exceed $1,725,990.00 for the
      2009 Resurfacing Program.




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      BILLS FOR FIRST READING: (Cont’d)

38.   A Bill (#1302-06) to amend the CIP Sales Tax Fund budget and to enter into a contract with the Missouri
      Highways and Transportation Commission to accept $195,200.00 for Transportation Enhancement Program
      funding under the American Reinvestment and Recovery Act (ARRA) to fund the 2010 Urban Trail:
      Northeast Parkway.


39.   A Bill (#1303-06) to enter into an agreement with St. Joseph Habitat for Humanity in the amount of
      $220,000.00 in HOME funds for the development of four single family homes on scattered sites and
      infrastructure improvements for the homes constructed in the 2000 block of Charles Street at the former
      William Y. Washington Park.


40.   A Bill (#1305-06) amending the Community Development Block Grant (CDBG) Fund in the amount of
      $200,000.00 and entering into a Deferred Payment Loan Agreement with Corby Independent Living, LLC,
      to provide a commercial loan to rehabilitate the Corby Building located at 424 Felix Street.


41.   A Bill (#1306-06) amending the General Fund budget and authorizing a contract with Corby Independent
      Living, LLC. for the total sum of $50,000.00 to partner in rehabilitating the Corby Building located at 424
      Felix Street.


42.   A Bill (#1307-06) amending the General Fund budget and authorizing a contract with Corby Independent
      Living, LLC. for the total sum of $250,000.00 to partner in acquiring the Corby Building located at 424
      Felix Street.


      REPORTS OF BOARDS & COMMISSIONS:

43.   Filed 6/10/09: Minutes of the St. Joseph Museums, Inc. Buildings and Grounds Committee meeting held
      June 4, 2009, at 4:00 p.m., at 3406 Frederick Blvd.

44.   Filed 6/10/09: Minutes of the Planning Commission meeting held May 28, 2009, at 7:00 p.m., in the
      Council Chamber at City Hall.

45.   Filed 6/11/09: Minutes of the St. Joseph Public Library Board of Trustees meeting held June 8, 2009, at
      5:00 p.m., at the Washington Park Library, 1821 N. Third St.

46.   Filed 6/11/09: Minutes of the St. Joseph Museums, Inc. Special Board meeting held May 26, 2009, at 3:00
      p.m., at 3406 Frederick Blvd.

47.   Filed 6/11/09: Minutes of the Board of Operating Engineers meeting held March 8, 2009, at 5:30 p.m., in
      the 1st Floor Conference Room at City Hall.

48.   Filed 6/12/09: Minutes of the Mechanical Standards and Appeals Board meeting held April 8, 2009, at 3:30
      p.m., in the Council Chamber at City Hall.



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      REPORTS OF BOARDS & COMMISSIONS: (Cont’d)

49.   Filed 6/12/09: Minutes of the Mechanical Standards and Appeals Board meeting held April 29, 2009, at
      3:30 p.m., in the 1st Floor Conference Room at City Hall.

50.   Filed 6/12/09: Minutes of the Fire & Emergency Services Advisory Board meeting held May 28, 2009, at
      7:00 p.m., at the American Red Cross, 401 N. 12th St.

51.   Filed 6/17/09: Minutes of the St. Joseph Museums, Inc. Marketing Committee meeting held June 10, 2009,
      at 2:00 p.m., at 3406 Frederick Blvd.

52.   Filed 6/17/09: Minutes of the Senior Citizen Foundation, Inc. Board meeting held May 19, 2009, at 3:30
      p.m., at the Joyce Raye Patterson Senior Center, 100 South 10th St.

53.   Filed 6/17/09: Minutes of the Community Police Advisory Committee meeting held June 2, 2009, at 7:00
      p.m., at East Hills Public Library, 502 N. Woodbine Road.

54.   Filed 6/23/09: Minutes of the Housing Authority meeting held April 16, 2009, at 4:00 p.m., at 502 South
      10th St.


      COUNCIL WORK SESSIONS & COMMITTEE MEETINGS – CITY CLERK’S OFFICE:

55.   Filed 6/15/09: Minutes of the Council Planning & Zoning Committee meeting held June 12, 2009, at 4:00
      p.m., in the 4th Floor Conference Room at City Hall.

56.   Filed 6/18/09: Minutes of the Council Streets & Infrastructure Committee meeting held June 16, 2009, at
      4:15 p.m., in the 4th Floor Conference Room at City Hall.

57.   Filed 6/22/09: Minutes of the Council Landfill & Water Pollution Control Committee meeting held June
      18, 2009, at 4:00 p.m., in the 4th Floor Conference Room at City Hall.


      REPORTS & RECOMMENDATIONS OF THE CITY MANAGER:

58.   Filed 6/12/09: E-mail in re: Letter from Joe Morrey regarding Municipal Museum.

59.   Filed 6/15/09: Mayor and City Council Update, June 12, 2009.

60.   Filed 6/19/09: Mayor and City Council Update, June 19, 2009.

61.   Filed 6/23/09: Memorandum from Vincent J. Capell, City Manager, and Clint Thompson, Planning &
      Community Development Director, in re: Redirecting $375,000 of Eastowne Business Park CIP Project
      funds.


      DELEGATIONS, PETITIONS:

      None.


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      COMMUNICATIONS:

62.   Filed 6/10/09:    Memorandum from Mike Kellam, City Planner, in re:                2401 Locust Street–
      ServPro/Heartland Tire and Retread.

63.   Filed 6/10/09: Letter from Robin Rhodes, Acting Health Director, to David Jones, Vice President of
      Support Services, Heartland Regional Medical Center, in re: Leased space at Patee Market.

64.   Filed 6/10/09: Memorandum from Bill McKinney, Parks, Recreation & Civic Facilities Director, in re:
      Police presence at the Aquatic Park.

65.   Filed 6/10/09: Memorandum from Andrew Clements, Public Works & Transportation Asst. Director, in re:
      ARRA projects update for Transit.

66.   Filed 6/11/09: Letter from Mayor Ken Shearin to William Lona, Partnership Specialist, U.S. Department of
      Commerce, U.S. Census Bureau, in re: Appointment of Chairperson to the 2010 Census – Complete Count
      Committee.

67.   Filed 6/11/09: Letter from Joseph A. Morrey, Attorney at Law, 314 1/2 S. 4th St., in re: Our St. Joseph
      Municipal Museum.

68.   Filed 6/11/09: City Weekly, June 11, 2009.

69.   Filed 6/12/09: Letter from Robin Rhodes, Acting Health Director, to R. T. Turner, Buchanan County
      Presiding Commissioner, in re: Termination of health services to Buchanan County residents living outside
      the City.

70.   Filed 6/12/09: Memorandum from Gerald McCush, Community Development Manager, in re: Northtown
      Community Center.

71.   Filed 6/12/09: St. Joseph Area Chamber of Commerce Weekly Board Report, June 12, 2009.

72.   Filed 6/15/09: Letter from Gene McNary, Executive Director, Missouri Gaming Commission, in re:
      State/Local Allocation of Gaming Revenues for the period 5/1/09 through 5/31/09.

73.   Filed 6/15/09: Letter from Linda Midyett, Educare Program Coordinator, Youth Alliance, in re: Thanking
      City for free use of the Civic Arena for the Annual Greater St. Joseph Area Children’s Fair.

74.   Filed 6/15/09: Letter from John Courter, 1102 Felix St., in re: Support for approval of the Downtown Tax
      Increment Financing (TIF) District.

75.   Filed 6/16/09: Municipal Courier, June 2009, Volume 7, Issue 6.

76.   Filed 6/16/09: Memorandum from Diana Slater, Human Resources Director, in re: Rates on job postings.

77.   Filed 6/17/09: Letter from Kelly W. Crawford, President, E.L. Crawford Construction, Inc., in re: Indoor
      practice facility.

78.   Filed 6/17/09: Memorandum from Mayor Shearin in re: Mustang tickets – free.


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      COMMUNICATIONS: (Cont’d)

79.   Filed 6/17/09: Minutes of the Police Pension Board meeting held May 20, 2009, at 4:00 p.m., in the 1st
      Floor Conference Room at City Hall.

80.   Filed 6/18/09: City Weekly, June 18, 2009.

81.   Filed 6/19/09: France Park Survey discussed at City Talk held June 18, 2009, at Brookdale Presbyterian
      Church.

82.   Filed 6/19/09: Memorandum from Mike Kellam, City Planner, in re: **Update** 2401 Locust Street-
      Heartland Tire and Retread.

83.   Filed 6/22/09: E-mail from Lawrence Weigum in re: Obama pressures mayors to hand union bosses the
      keys.

84.   Filed 6/22/09: St. Joseph Area Chamber of Commerce Weekly Board Report, June 19, 2009.

85.   Filed 6/22/09: Letter from Paula Heyde, City Clerk, to Mr. & Mrs. Allan Lowenberg, 1116 N. 24th St., in
      re: Thanking them for the donation of $175.00 to purchase recreation supplies at Muchenberger Center.

86.   Filed 6/22/09: Letter from Paula Heyde, City Clerk, to Larry Stobbs, President/CEO, South St. Joseph
      Progressive Association, in re: Thanking the Association for the Donation of $1,632.00 to purchase four
      benches for Pryor Park.

87.   Filed 6/23/09: Article from the Kansas City Star Magazine entitled “Taking a stroll through Armour Hills”
      by Linda O’Dell.

88.   Filed 6/23/09: Memorandum from Steve Hofferber, Property Maintenance & Technology Services
      Director, in re: Hazardous street tree removal effort.

89.   Filed 6/23/09: Letter from Paula Heyde, City Clerk, to Craig Travers, General Manager, Terrible’s St. Joe
      Casino, in re: Thanking the company for the Donation of $2,000.00 to assist with the July 4th fireworks
      display.

90.   OTHER BUSINESS:

      City Manager’s Report.


91.   ADJOURN:

                                                                                  Paula Heyde, CMC, City Clerk

       It is the intention of the City of St. Joseph to comply in all aspects with the Americans with Disabilities Act
       (ADA). If you plan on attending a meeting to participate or to observe and need special assistance beyond
       what is routinely provided, the city will attempt to accommodate you in every reasonable manner. Please
       contact the ADA Coordinator, 816-271-4610, or TODD# 816-271-4898 at least two business days prior to the
       meeting to inform the City of your specific needs and to determine if accommodation is feasible.


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