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Home My Public Portal About20100802REGULAR COUNCIL MEETING AUGUST 2, 2010 1 CALL TO ORDER The Regular Council Meeting of August 2, 2010, was convened at 6:05 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Carroll, Griffith, Harvey, Medin, Penfold, Pope, Scrivner, and Weber Absent: Koon and Struemph A quorum was declared present. Mayor John Landwehr asked if anyone present wished to be added to the list of those who would like to make a presentation to the Council tonight, and added those names to the list. Mayor Landwehr recognized Boy Scouts present and asked them to stand and introduce themselves and identify the troop to which they belong and what badge they are trying to achieve. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. MISCELLANEOUS AGENDA ITEMS No Miscellaneous Agenda Items were presented at this time. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office: REGULAR COUNCIL MEETING AUGUST 2, 2010 2 a. CAMPO Board of Directors, June 16, 2010 b. Mural Permit Hearing, July 22, 2010 c. Transit Focus Group, April 27, 2010 d. Conference Center Committee, June 23, 2010 e. Transportation & Traffic Commission, May 12, 2010 f. Cultural Arts Commission, June 22, 2010 g. June 2010 Finance Reports h. Finance Committee, June 18, 2010 i. USS Jefferson City Submarine Committee, June 16, 2010 j. Public Works & Planning Committee, May 20, June 24, and July 2, 2010 k. Animal Shelter Advisory Committee, April 28, 2010 Mayor Landwehr thanked the volunteers who serve on these Boards and Commissions for their vital contribution to our community. COUNCIL LIAISON REPORTS Administration Committee - Councilwoman Carrie Carroll announced that Committee will meet will on Wednesday, August 4. Finance Committee - Councilman Ron Medin, Vice Chairman, made a report in the absence of Chairman Koon. He reported that the meeting scheduled forAugust 13 has been canceled, and the next meeting date will be announced at a later date. Public Safety Committee - Councilman Mike Harvey reported that the next Committee meeting will be Friday, September 3 immediately prior to the Brown Bag work session. Public Works & Planning Committee - Councilman Jim Penfold reported that the next meeting will be held on Thursday, August 19 at 7:30 A.M. Ad Hoc Committees, if any: There were no ad hoc committee reports given. REGULAR COUNCIL MEETING AUGUST 2, 2010 3 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS City Administrator Steve Rasmussen announced that a Work Session will be held on Monday, August 9, to discuss sewer revenue issues. Councilwoman Carrie Carroll introduced members in of her family from Greece who are visiting for the next few weeks, and are in attendance at tonight's meeting. Mayor John Landwehr welcomed them. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: a. Councilman Bob Weber appointed to City Committees & Liaisons: 1. Council Committee on Administration 2. Annexation & Growth Committee 3. Finance 4. CAMPO A motion was made by Councilman Bryan Pope for approval of the appointments as recommended, seconded by Councilman Bob Scrivner, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations made at this time. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ms. Susan McCane made a presentation regarding Bill 2010 -49 (Water Street project). She urged the City to approve the proposed improvements. CONSENT AGENDA The following were presented to the Council for approval: REGULAR COUNCIL MEETING AUGUST 2, 2010 4 (a) Minutes of July 16 and July 19, 2010, City Council Meetings (b) Minutes of July 12, July 15, and July 22, 2010, Council Budget Workshops A motion was made by Councilman Mike Harvey for approval of the Consent Agenda, which would include a typographical correction to the July 19 Pre - Meeting minutes as previously distributed by the City clerk, seconded by Councilman Dave Griffith, and approved unanimously. BILLS INTRODUCED Bill 2010 -45, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2009 -2010 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. Mayor John Landwehr asked staff to provide general fund balance in every supplemental appropriation bill in the future. Bill 2010 -46, sponsored by Councilman Medin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO A PORTION OF HOBBS ROAD. Bill 2010 -47, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CALLING AN ELECTION ON A REVENUE BOND QUESTION IN THE CITY OF JEFFERSON, MISSOURI. Eric Seaman made an overhead presentation on this issue and answered questions asked by the Mayor and Council. Mayor John Landwehr suggested that an open house public forum be scheduled to allow public input on the issue. Mr. Seaman stated an open house had been held on July 28. Mayor Landwehr suggested that it might be a good idea for staff to schedule a second one to occur before the bill is voted on at the August 16 meeting. Bill 2010 -48, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO LANGUAGE INCLUDED IN THE DECLARATION OF CANDIDACY FORM. REGULAR COUNCIL MEETING AUGUST 2, 2010 5 Bill 2010 -49, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENGINEERING SURVEYS AND SERVICES TO DESIGN SLOPE STABILIZATION FOR THE 700 BLOCK OF WATER STREET AND PERFORM MATERIAL TESTING FOR THE ULTRAVIOLET DISINFECTION IMPROVEMENTS AT THE WASTEWATER TREATMENT FACILITY. BILLS PENDING Bill 2010 -42, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. Bill 2010 -42 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14701: Aye: Carroll, Griffith, Harvey, Medin, Penfold, Pope, Scrivner, and Weber Nay: None Bill 2010 -43, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PECKHAM & WRIGHT ARCHITECTS, INC. FOR COMPREHENSIVE REVIEW OF FIVE FIRE STATIONS AND COST ESTIMATE FOR CONSTRUCTION OF A PUBLIC SAFETY BUILDING (STATION 3) Councilman Mike Harvey requested that Bill 2010 -43 be placed on the Informal Calendar. Bill 2010 -44, sponsored by Councilman Harvey, entitled: AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, TO CORRECT AN INACCURATE CITATION. Bill 2010 -44 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14702: Aye: Carroll, Griffith, Harvey, Medin, Penfold, Pope, Scrivner, and Weber Nay: None REGULAR COUNCIL MEETING AUGUST 2, 2010 6 INFORMAL CALENDAR Bill 2010 -31, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT -OF -WAY ON THE NORTHERN PORTION OF MARSHALL STREET AND ON AN ADJACENT UNNAMED ALLEY. Councilman Penfold requested that Bill 2010 -31 be removed from the Informal Calendar and placed on final passage at this time. Bill 2010 -31 was read third time by title and placed on final passage. A motion was made by Councilman Jim Penfold to accept the Substitute Bill 2010 -31 which was previously distributed, seconded by Councilman Bryan Pope, and approved unanimously by the following roll -call vote: Aye: Carroll, Griffith, Harvey, Medin, Penfold, Pope, Scrivner, and Weber Nay: None Bill 2010 -31 was then passed, as substituted, by the following roll -call vote as Ordinance 14703: Aye: Carroll, Griffith, Harvey, Medin, Penfold, Pope, Scrivner, and Weber Nay: None Bill 2010 -36, sponsored by Councilman Koon, Cosponsored by Councilwoman Carrie Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2010, TO OCTOBER 31, 2011, AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. Councilwoman Carrie Carroll and Councilman Ron Medin requested that Bill 2010 -36 remain on the Informal Calendar at this time. RESOLUTIONS RS2010 -20 Funding of Sidewalk Repairs and Repealing Sidewalk Repair Code (Penfold) RS2010 -21 Enforcement of Current Sidewalk Repair Code (Penfold) REGULAR COUNCIL MEETING AUGUST 2, 2010 7 Following a staff presentation on both resolutions jointly, a lengthy discussion was held. At the conclusion of the discussion, Councilman Jim Penfold made a motion to table Resolutions RS2010 -20 and RS2010 -21 pending further discussion, seconded by Councilman Bob Scrivner, and approved unanimously. SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Ms. Susan Thompson made comments regarding procedures at the Jefferson City Animal Shelter. Mr. Charles Steck made a presentation on behalf of Atelier CMS regarding funding for the organization. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS City Administrator Steve Rasmussen and City Counselor Nathan Nickolaus provided information regarding Ms. Thompson's presentation. They stated an extensive investigation had been performed by numerous organizations regarding an incident to which she referred which occurred about five years ago, and the matter had been considered closed at the conclusion of the investigation. Councilwoman Carrie Carroll stated she is pleased to see that Mr. Steck is willing to work with the Cultural Arts Commission. Following her comments, Councilwoman Carroll made a motion that the Cultural Arts Commission review the idea presented by Mr. Steck and report back its recommendations to the Council, seconded by Councilman Jim Penfold, and approved unanimously. Councilwoman Carrie Carroll reminded citizens that tomorrow is an election day and urged them to vote. Mayor John Landwehr reminded citizens that the Mayor's Cup Golf Tournament will be held on Friday, August 13, at which time the Oak Hills Golf Course will open a new hole. NEW BUSINESS REGULAR COUNCIL MEETING AUGUST 2, 2010 There was no new business brought forward at this time. UNFINISHED BUSINESS There was no unfinished business brought forward at this time. 8 GO INTO CLOSED SESSION Mayor John Landwehr announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session at this time to discuss the following: Litigation [Sec. 610.021(1)] A motion was made by COUNCILMAN MIKE HARVEY to go into closed session, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote at 8:00 P.M.: Aye: Carroll, Griffith, Harvey, Medin, Penfold, Scrivner, and Weber Nay: Pope