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HomeMy Public PortalAbout20100816REGULAR COUNCIL MEETING AUGUST 16, 2010 1 CALL TO ORDER The Regular Council Meeting of August 16, 2010, was convened at 6:00 P.M. by Mayor John Landwehr. ROLL CALL The following Council Members were present for the roll call: Present: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: Carroll 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 John Landwehr stated that the he and the City Council and staff offers condolences to the family and friends of Community Development Director Pat Sullivan who passed away on Friday, August 13. He announced the details of the memorial arrangements. 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 are trying to achieve. One member from Troop 11 from First Baptist Church was present. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. MISCELLANEOUS AGENDA ITEMS Mayor John Landwehr presented a proclamation in honor of the "Character Plus" program to Gara Loskill and Ryan Freeman, who both made comments regarding the program and announced the September 2 "kickoff" event of the program. MINUTES AND REPORTS RECEIVED AND FILED REGULAR COUNCIL MEETING AUGUST 16, 2010 2 Mayor John Landwehr stated the following minutes have been received and are on file for review in the City Clerk's office: a. Housing Authority Board of Directors, June 29, 2010 b. CVB Reports and Minutes, June 2010 (available for review in City Clerk's office) c. Parks and Recreation Commission, July 13, 2010 d. Historic Preservation Commission, July 13, 2010 e. USS Jefferson City Submarine Committee, July 14, 2010 f. Board of Electrical Examiners and Review, June 9, 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 - Vice Chairman Ron Medin announced that Committee will meet will on Wednesday, September 8. Finance Committee - Councilman Rich Koon announced that the next meeting will be held on September 17 following the Brown Bag work session. Public Safety Committee - Councilman Mike Harvey reported that the next Committee meeting will be Friday, September 3 immediately before 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: Councilman Ron Medin announced that an organizational meeting will be scheduled for the newly appointed Ad Hoc Committee on the Revitalization of the Old Town so the Committee can elect officers and begin its work. REGULAR COUNCIL MEETING AUGUST 16, 2010 3 ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS Councilman Bryan Pope announced that a JCTV Steering Committee meeting will be held on Thursday, August 19 at 2:00 P.M. Councilman Eric Struemph reported on the workshop recently held by the Cultural Arts Commission and announced that the website is now up and running at www.artsinjc.orq. Mayor John Landwehr announced that the previously postponed MR340 Missouri boat event is now scheduled for August 25 -26, and the participants are expected to come to Jefferson City the afternoon of the 26th Assistant to the City Administrator Melva Fast announced events scheduled for this years visit of Muenchberg, our Partner City in Germany. City Administrator Steve Rasmussen announced the Conference Center Committee will meet on August 26 at 4:30 p.m. APPOINTMENTS BY THE MAYOR Mayor John Landwehr recommended the following appointments to the Council for their approval: a. Police Appointments: 1. Paris Campbell - Police Officer 2. Eric Orta - Police Officer A motion was made by Councilman Mike Harvey to approve the two Police Department appointments as presented, seconded by Councilman Bob Scrivner, and approved unanimously. b. Appointments to Boards and Commissions: Board Name Expires Full /Partial *JCTV Steering Committee Kenny Honse Feb 2011 Full **Ad Hoc Committee on Revitalization of the Old Town: Brad Bates April 2011 Full Mike Berendzen April 2011 Full Jim Crabtree April 2011 Full Donna Deetz April 2011 Full Jude Markway April 2011 Full Dave Griffith April 2011 Full Bryan Pope April 2011 Full Ron Medin April 2011 Full Eric Struemph April 2011 Full Steve Rasmussen April 2011 Full *A motion was made by Councilman Jim Penfold for approval of the first appointment, which REGULAR COUNCIL MEETING AUGUST 16, 2010 4 is JCTV Steering Committee, seconded by Councilman Eric Struemph, and approved unanimously. A motion was made by Councilman Rich Koon to approve the appointments to the Ad Hoc Committee on the Revitalization of the Old Town, seconded by Councilman Eric Struemph, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Mr. Steve Picker, Jefferson City Convention and Visitors Bureau made a presentation to show the new brochure currently being printed through a "partnership" with the News Tribune which includes paid advertising of local businesses. The Mayor and Council commended the CVB on both the new brochure and the concept of allowing local businesses to offset the cost by purchasing ads in it. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Mr. Richard Groner made a presentation regarding Bill 2010 -47 (sewer revenue bonds). He believes the issue was misreported in the News Tribune and explained his reasons. Following his presentation, Mayor John Landwehr asked staff to get information to Mr. Groner and report back to the Council. CONSENT AGENDA The following were presented to the Council for approval: (a) Minutes of July 30, August 2, and August 9, 2010, City Council Meetings A motion was made by Councilman Dave Griffith for approval of the Consent Agenda„ seconded by Councilman Bryan Pope, and approved unanimously. BILLS INTRODUCED Bill 2010 -50, sponsored by Councilwoman Carroll, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING PRIMARY AND GENERAL ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR 2011. Bill 2010 -51, sponsored by Councilman Harvey, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING AUGUST 16, 2010 5 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TURN KEY MOBILE, INC., FOR THE PURCHASE AND INSTALLATION OF MOBILE DATA TERMINALS, VPN FIREWALL APPLIANCES AND RELATED PRODUCTS. Councilman Harvey requested that the rules be suspended and Bill 2010 -51 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2010 -51 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 14710: Aye: Griffith, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None Bill 2010 -52, sponsored by Councilman Koon, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY. Bill 2010 -53, sponsored by Councilman Penfold, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DONOHUE AND ASSOCIATES TO DESIGN A REPLACEMENT FORCEMAIN FOR THE COLE JUNCTION PUMP STATION. Bill 2010 -54, sponsored by Councilman Weber, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO CONVEY TO THE UNITED STATES OF AMERICA; GENERAL SERVICES ADMINISTRATION, BY SPECIAL WARRANTY DEED, PART OF INLOTS 187 AND 188 AND TO TAKE SUCH OTHER STEPS AS MAY BE NECESSARY TO TRANSFER SUCH PROPERTY. Councilman Weber requested that the rules be suspended and Bill 2010 -54 placed on final passage. There were no objections to the request for suspension of the rules. Bill 2010 -54 was then read second and third times by title, placed on final passage, and passed by the following vote as Ordinance No. 14711: Aye: Griffith, Harvey, Klindt, Koon, Medin, Penfold, Pope, Scrivner, and Struemph Nay: None REGULAR COUNCIL MEETING AUGUST 16, 2010 6 BILLS PENDING 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. Bill 2010 -45 was read third time by title and placed on final passage. A motion was made by Councilman Bryan Pope to divide the issue, thus turning Bill 2010 -45 into two individual bills, seconded by Councilman Bob Scrivner, and approved with Councilman Rich Koon voting "Nay" Councilman Bryan Pope explained his reasons for dividing the issue because of the budgeting of certain items which necessitates supplemental appropriations on a regular basis. Discussion was held regarding the budgeting process. Bill 2010 -45A, pertaining to supplemental appropriation for fuel costs, was then approved unanimously by the following roll -call vote as Ordinance 14704: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None Bill 2010 -45B, pertaining to supplemental appropriation for street material costs, was then approved unanimously by the following roll -call vote as Ordinance 14705: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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 -46 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14706: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber REGULAR COUNCIL MEETING AUGUST 16, 2010 7 Nay: None 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. Bill 2010 -47 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14707: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None 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. Bill 2010 -48 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14708: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None 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. Bill 2010 -49 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 14709: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Struemph, and Weber Nay: None INFORMAL CALENDAR REGULAR COUNCIL MEETING AUGUST 16, 2010 8 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. Councilman Koon requested that Bill 2010 -36 be removed from the Informal Calendar and placed on final passage at this time. A motion was made by Councilman Rich Koon to accept the Substitute previously distributed, seconded by Councilman Dave Griffith, and approved unanimously. Bill 2010 -36 was read third time by title, placed on final passage and passed, as substituted, by the following roll -call vote as Ordinance 14712: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, 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 removed from the Informal Calendar and placed on final passage at this time. Bill 2010 -43 was read third time by title and placed on final passage. A lengthy discussion was held regarding the Request For Qualifications (RFQ) process, and questions were asked of staff regarding the process, the issue of local preference, and criteria used for selection of the recommended contractor. A brief recess was called at this point in the meeting (7:40 P.M.) Reconvene The meeting reconvened at 7:45 with the following Council Members present: REGULAR COUNCIL MEETING AUGUST 16, 2010 9 Present: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Absent: Carroll Bill 2010 -43 was then passed by the following roll -call vote as Ordinance 14713: Aye: Harvey, Koon, Medin, Penfold, Pope, and Struemph Nay: Griffith, Scrivner, and Weber RESOLUTIONS RS2010 -20 Funding of Sidewalk Repairs and Repealing Sidewalk Repair Code (Penfold) RS2010 -21 Enforcement of Current Sidewalk Repair Code (Penfold) Councilman Jim Penfold stated he did not wish to remove either RS2010 -20 and RS2010 -21 from the table at this point. RS2010 -22 Authorizing Sidewalk Pilot Program (Penfold) Councilman Jim Penfold stated he is withdrawing RS2010 -22 at this time. RS2010 -23 Administrative Delegation Regarding Federal Transit Administration Grants (Penfold) A motion was made by Councilman Jim Penfold for adoption of RS2010 -23 as presented, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None RS2010 -24 Creating Ad Hoc Sign Review Committee (Struemph) A motion was made by Councilman Eric Struemph to accept the Substitute RS2010 -24 which was previously distributed, seconded by Councilman Jim Penfold, and approved unanimously. A motion was then made by Councilman Dave Griffith for adoption of RS2010 -24, as substituted, seconded by Councilman Jim Penfold, and approved unanimously by the following roll -call vote: REGULAR COUNCIL MEETING AUGUST 16, 2010 10 Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None SCHEDULED REPORTS There were no reports scheduled for this time. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Mr. Arthur Brown made comments regarding the petition just filed prior to tonight's Council Meeting by the citizens opposed to the City's citywide trash ordinance. He stated the citizens' intention is to get the issue placed on the November 2, 2010 ballot. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS Councilman Jim Penfold asked for City Counselor Nathan Nickolaus to address Mr. Brown's comments regarding placing the issue on the November 2 ballot. Mr. Nickolaus stated that the final certification date set by state law for the November 2 ballot is next Tuesday, August 24, which does not leave enough time for the signature verification process, which by Charter is twenty (20) calendar days, followed by the City Council meetings needed to introduce and pass any ordinance placing the issue on the November 2 ballot. He indicated that the Charter allows up to sixty (60) days following the end of the signature verification process for the Council to then pass an ordinance. If the Council chooses to allow the public vote rather than simply enacting the law in the petition, it must place the issue on the ballot within one year, which would include the February, April, and August elections in 2011. NEW BUSINESS Councilman Dave Griffith announced that a Neighborhood Watch program will be held on August 31 and encouraged citizens to participate. UNFINISHED BUSINESS REGULAR COUNCIL MEETING AUGUST 16, 2010 11 There was no unfinished business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES a. Minutes of August 2, 2010 Closed Session A motion was made by Councilman Mike Harvey for approval of the minutes as presented, seconded by Councilman Rich Koon, and approved unanimously by the following roll -call vote: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, Struemph, and Weber Nay: None 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 Bob Scrivner to go into closed session, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote at 8:00 P.M.: Aye: Griffith, Harvey, Koon, Medin, Penfold, Pope, Scrivner, and Weber Nay: Pope and Struemph