City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 3, 2012, at 7:30 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with President of the Council Michael Klinghammer, presiding, The Honorable Mayor Sally A. Faith and the Members of the Council present as follows: Tom Besselman, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison, Michael Weller, and Mary West. Absent: Dave Beckering and Laurie Feldman. City Clerk Laura L. Whitehead was present and performed the duties of that office. File #47729 The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. MICHAEL WELLER made a motion to excuse the absence of Council Vice President Dave Beckering and Councilmember Laurie Feldman. RON STIVISON seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS/ADMINISTRATIVE HEARINGS The President of the Council Michael Klinghammer announced that the following Public Hearings would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Amendment to a Development Plan. (Fischer & Frichtel). An application for an amendment to the approved development plan for Charlestowne. The proposed amendment will consolidate 78 platted townhome lots into 48 lots for the development of detached single-family homes. The lots affected are located on Cog Wheel Station, Keelboat Crossing and Railcar Bend. The subject property is approximately 4 acres and is located in Ward 8. The property is currently zoned PD-R Planned Development District – Residential (RCA Attached) B. Case No. CU-32-11. (Millstone Bangert, Inc.). An application for a Conditional Use Permit for the purpose of a Concrete Batch Plant and Rock Crushing Operation on Lot 1G at the north end of MB Corporate Court in the I-2 Heavy Industrial District as regulated by §156.036(C)(6) and (C)(23). The subject property is 17.4 acres and is located in Ward 8 (RCA Attached) C. Case No. Z-11-11. (Ruth M. Didion Living Trust). An application to annex and rezone 0.61 acres of land known as 1213 Sherbrooke Road from St. Charles County R-1E Single-Family Residential District to City of St. Charles R-1E Single-Family Residential District. The property will be located in Ward 3 upon annexation (Council Bill 10664) AWARDS/PROCLAMATIONS/ PRESENTATIONS Retirement Recognition of Susan Eastman (Police Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Susan Eastman for her years of service with the Police Department. Police Chief Dennis Corley gave a biography of the employment of Susan Eastman.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ Retirement Recognition of Jan Fricke (Finance Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Jan Fricke for her years of service with the Finance Department. Assistant Finance Director Val Berge gave a biography of the employment of Jan Fricke. BILLS FOR FINAL PASSAGE Bill 10659 An Ordinance Authorizing a Right-of-Way Encroachment License with House of Elohim for the Construction and Maintenance of a Drop-Off Lane for the House of Elohim Located on the Right of Way at or near 1920 North Fourth Street (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison, and Tom Besselman) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman, and Klinghammer “Nay”: None Absent: Beckering and Feldman Approved by the Honorable Mayor on January 4, 2012, and is known as Ordinance 12-001 Bill 10660 An Ordinance Authorizing Release of Escrow Funds to Bi-County Real Estate Developers, LLC for the Traffic Signal Modification for the Talbridge Commercial Development (Intersection of Friedens Road and Fairgrounds Road) (Sponsor: Laurie Feldman) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman, and Klinghammer “Nay”: None Absent: Beckering and Feldman Approved by the Honorable Mayor on January 4, 2012, and is known as Ordinance 12-002 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10661 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Cooperative Marketing Program, for the FY 2013 Amateur Sports Marketing Grant and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsor: Ron Stivison) Bill 10662 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Cooperative Marketing Program, for the FY 2013 Convention Marketing Grant and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsor: Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ Bill 10663 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Petitioned for Annexation by Ruth M. Didion (1213 Sherbrook Road) (Sponsor: Laurie Feldman) Bill 10664 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District), 0.61 Acres of Land Located at 1213 Sherbrooke Road (Sponsor: Laurie Feldman) Bill 10665 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the MO Flood Gates Improvements Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Mary Ann Ohms) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Setting an Election Date for Filling the Vacancy of Ward 4 (referred from the December 13, 2011 Regular Council Meeting) President of the Council Michael Klinghammer requested to hold this item for discussion and referred this item to the next council meeting. CONSENT AGENDA President of the Council Michael Klinghammer advised Council Vice President Dave Beckering requested to hold consent agenda items 10D1 Request to Fill Vacant Position(s) in the Police Department; 10D3 Request to Fill Vacant Position in the Fire Department; and 10D4 Request to Fill Vacant Position in the Police Department and referred said items to the next council meeting. JERRY REESE made a motion to approve the balance of the consent agenda. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Besselman, Klinghammer, and Ohmes. “Nay”: None. Absent: Beckering and Feldman. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of November 15, 2011 2. Special Council Meeting of November 29, 2011 3. Regular Council Meeting of December 6, 2011 4. Public Hearing of December 6, 2011 File #47723 5. Special Council Meeting of December 13, 2011 6. Regular Council Meeting of December 20, 2011  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of November 1, 2011 File #47558 b. Council Work Session (Closed) of November 15, 2011 File #47558 c. Technology Committee Meeting of November 15, 2011 File #47616 d. Council Work Session (Closed) of November 29, 2011 File #47558 e. Council Work Session of November 29, 2011 File #47558 f. Council Work Session of December 6, 2011 File #47558 g. Street Committee Meeting of December 13, 2011 File #47555 h. Council Work Session (Closed) of December 20, 2011 File #47558 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of November 1, 2011 i. Motion to Establish a Department Directors, City Clerk, and City Attorney Performance Based Compensation Pool at 2% with a maximum of 4% b. Council Work Session (Closed) of November 15, 2011 (none) c. Technology Committee Meeting of November 15, 2011 (none) d. Council Work Session (Closed) of November 29, 2011 (none) e. Council Work Session of November 29, 2011 i. Motion to Move $70,000 from SG-13 Sign Replacement Program into PD-21 Police Vehicle Camera Replacement ii. Motion to Move $70,000 from SG-13 Sign Replacement Program into MT-19 Foundry Art Center – Floor Repair & Resurfacing; and Move Project from 2013 to 2012 iii. Motion to Move $25,000 from SG-13 Sign Replacement Program into the Fire Department for the Purchase of Five (5) Tablets iv. Motion to Move the Balance of $35,000 from SG-13 Sign Replacement Program into the Street Repair/Concrete Fund v. Consensus of the Full Council Not to Eliminate the Part- Time Positions in the Police Department as Proposed; and  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ Council Directed Administration to Utilize the Cost Savings from the 2/1/2012 Retiree Health Benefits Reduction vi. Motion to Move $100,000 from the Senior Age-Based (62 and over) Rebate Program into the General Revenue Fund f. Council Work Session of December 6, 2011 (none) g. Street Committee Meeting of December 13, 2011 i. Consensus of the Street Committee to Accept Staff recommendation that the Intersection Remain a Two Way Stop with Adams Street Stopping for Sixth Street ii. Motion to Accept Staff Recommendation that the Intersection Remain a One Way Stop and that the Stop Sign and Bar be Moved Forward Four to Six Feet iii. Motion to Grant Request for a Right of Way Encroachment License at 1920 N. Fourth Street and to Move the Property to City Surplus iv. Motion to Accept Staff Recommendation that the Intersection Remain a Two Way Stop with Wood Street Stopping for Third Street v. Motion to Accept Staff Recommendation and Deny a Request for a Sound Wall along Muegge Road adjacent to Seven Oaks h. Council Work Session (Closed) of December 20, 2011 (none) C. Receipt of Reports from Boards, Commissions or Committees 1. Planning and Zoning Commission of November 21, 2011 File #47579 2. Landmarks Board Meeting of November 14, 2011 File #47576 3. Board of Public Works Meeting of November 10, 2011 a. Motion to Change the Regular Board Meetings to Monday After the First Tuesday of Each Month with the Meeting Beginning at 4:45 p.m. The New Schedule will Begin in December b. Motion to Recommend Approval of the System Extension Guarantee Agreement with Ameren for the Adams Street Lift Station. The Board Recommended Making a Lump Sum Payment of $31,375.21 c. Motion to Recommend Approval of the Renewal Contract with Key Chemical, Inc. for the Purchase of Hydrofluosilicic Acid for the Water Division in an Amount not to Exceed $33,030.00  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ d. Motion to Recommend Approval of the Renewal Contract with Mississippi Lime for the Purchase of 1/2'” Bulk Pebble Lime for the Water Division in an Amount not to Exceed $96,000.00 e. Motion to Recommend Staff is Authorized to Negotiate the St. Louis Water Agreement with St. Louis and St. Peters f. Motion to Recommend Amending Ordinance Section 52.61 of the Code of Ordinances Temporarily Reducing the Sewer Lateral Annual Fee from $28 to $20 File #47573 D. Receipt of Reports of the Director of Administration 1. Request to Fill Vacant Position(s) in the Police Department REMOVED FROM THE CONSENT AGENDA 2. Request to Restructure Position(s) in the Finance Department File #47224 3. Request to Fill Vacant Position in the Fire Department REMOVED FROM THE CONSENT AGENDA 4. Request to Fill Vacant Position in the Police Department REMOVED FROM THE CONSENT AGENDA E. Approval of Contracts and Easements from $30,001 - $99,999 (none) F. Preliminary Plats (none) G. Miscellaneous 1. Liquor License Application for Mark Ruhr, d/b/a: Chuck E Cheese’s Located at 2669 Veteran’s Memorial Pkwy File #47725 2. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law File #47726 3. Ratification of Letter to Extend Agreement between International Union of Operating Engineers Local 148 and the City that Expired on December 1, 2011 to February 15, 2012 File #47727 4. Selection of Gamble-Schlemeier as Lobbying Firm to Perform Lobbying Services for the Calendar Year 2012 in an Amount not to Exceed 24,00.00 File #47728 ITEMS REMOVED FROM CONSENT AGENDA President of the Council Michael Klinghammer advised Council Vice President Dave Beckering requested to hold consent agenda items 10D1 Request to Fill Vacant Position(s) in the Police Department; 10D3 Request to Fill Vacant Position in the Fire Department; and 10D4 Request to Fill Vacant Position in the Police Department and referred said items to the next council meeting.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 3, 2012 ______________________________________________________________________________ REPORT OF THE MAYOR Written and/or Verbal Messages from the Mayor The Honorable Sally A. Faith announced upcoming events in January 2012. JERRY REESE made a motion to convene into Closed Session relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12). RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, Weller, West, Besselman, Klinghammer, Ohmes, and Ohms. “Nay”: None. Absent: Beckering and Feldman. The Open portion of the Regular Council Meeting was adjourned at 8:47 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Michael Klinghammer, Presiding Officer