City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, February 7, 2012, at 7:00 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: Dave Beckering, Tom Besselman, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison, Michael Weller, and Mary West. Absent: 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. MARY ANN OHMS made a motion to excuse the absence of Councilmember Laurie Feldman. MARY WEST 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. Case No. CU-01-12. (Krystal Rapp). An application for a Conditional Use Permit from §400.480(C) (formerly §156.094(C)) for a Temporary Retail Sales Use within the C-2 General Business District, specifically to operate an outdoor produce stand at 920 South Fifth Street. This request is to continue operating the previously approved stand for an extended period of time. The subject property is 0.46 acres and is located in Ward 2 (RCA Attached) B. Case No. CU-02-12. (Martin & Maria Hopfenzitz). An application for a Conditional Use Permit from §400.270(C)(1) (formerly §156.033(C)(1)(g)) for Secondhand Sales within the CBD Central Business District, specifically to permit a resale and consignment store (clothing, home goods, etc.) at 323 North Main Street. The subject property is 0.08 acres and is located in Ward 1 (RCA Attached) C. Case No. CU-03-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than three (3) developmentally disabled individuals at 209 Canary Lane. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.21 acres and is located in Ward 10 (RCA Attached) D. Case No. CU-04-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than three (3) developmentally  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ disabled individuals at 2812 Park Avenue. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.23 acres and is located in Ward 7 (RCA Attached) E. Case No. CU-05-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than four (4) developmentally disabled individuals at 1016 Washington Street. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.18 acres and is located in Ward 1 (RCA Attached) F. Case No. CU-06-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than six (6) developmentally disabled individuals at 905 South Sixth Street. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.25 acres and is located in Ward 2 (RCA Attached) G. Case No. CU-07-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than four (4) developmentally disabled individuals at 2907 Droste Road. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.31 acres and is located in Ward 9 (RCA Attached) H. Case No. CU-08-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) (formerly §156.026(D)(1)(l)) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than three (3) developmentally disabled individuals at 116 Briarcliff Drive. The current application has been submitted to bring an existing group home into conformance with current city code. The subject property is 0.21 acres and is located in Ward 10 (RCA Attached) I. Case No. Z-01-12. (City of St. Charles Parks Department) An application to annex and rezone approximately 9.173 acres of land known as 100 Wildwood Court 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 10683) J. Case No. DR-01-12. An application to amend Chapter 400 (formerly Chapter 156): Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.150(D)(1)(l) Group Living Arrangements within the R-1C/R- 1D/R-1E Single Family Residential Districts (formerly §156.026(D)(1)(l)) to adopt a minimum distance requirement between existing and proposed group  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ homes (Tabled at Planning & Zoning; therefore the Public Hearing should be tabled until March 6, 2012) (RCA Attached) K. Adoption of the City of St. Charles Comprehensive Plan Update 2012. This amendment to the comprehensive plan has been drafted by city staff, and it is intended to act as an addendum to the current comprehensive plan dated 2002. According to city ordinance §400.980(A), the comprehensive plan “shall show the (Planning and Zoning) Commission’s recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas.” (Tabled at Planning & Zoning; therefore the Public Hearing should be tabled until March 2, 2012) (RCA Attached) AWARDS/PROCLAMATIONS/ PRESENTATIONS Retirement Recognition of Rich Oestreich (Police Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Rich Oestreich for his years of service with the Police Department. Police Chief Dennis Corley gave a biography of the employment of Rich Oestreich. Retirement Recognition of Paul Butts (Media Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Paul Butts for his years of service with the Media Department. Director of Communications Carol Felzien gave a biography of the employment of Paul Butts and presented a short-film titled St. Charlesblanca. PUBLIC COMMENT RELATIVE TO AGENDA ITEMS John Frolker, 3231 Cog Wheel Station, St. Charles, Missouri, spoke in favor of Council Bill 10675. Terry Boville, 2701 Kettering Drive, St. Charles, Missouri, spoke in opposition of Council Bill 10687. Virginia Van Berkum, 427 Lindenwood Avenue, St. Charles, Missouri, spoke in opposition of Council Bill 10687. Mike Louis, 433 Lindenwood Avenue, St. Charles, Missouri, spoke in opposition of Council Bill 10687. Lou Kampelman, 69 Eagle Cove Lane, St. Charles, Missouri, spoke in opposition of Council Bill 10687.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Sherry Kampelman, 69 Eagle Cove Lane, St. Charles, Missouri, spoke in opposition of Council Bill 10687. RESOLUTIONS A Resolution Declaring Certain Property of the City of St. Charles to be Surplus Property and Authorizing the Sale Thereof (Sponsor: Michael Klinghammer) Passed “Aye”: Weller, West, Beckering, Besselman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Resolution 12-03 A Resolution Calling a Special Election for November 6, 2012 for the Purpose of Conducting an Election for the Office of Councilmember for Ward 4 (Sponsors: All Members of the City Council) Passed “Aye”: West, Beckering, Besselman, Klinghammer, Ohmes, Ohms, Reese, Stivison, and Weller “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Resolution 12-04 A Resolution Declaring a Certain City Fire Department Smeal/Spartan Pumper Fire Truck to be Surplus Property, and Authorizing the Salvage of the Truck for Parts and or Supplies (Sponsor: Michael Klinghammer) Passed “Aye”: Beckering, Besselman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, and West “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Resolution 12-05 A Resolution Declaring Certain Property of the City of St. Charles to be Surplus Property and Authorizing the Donation Thereof (Sponsor: Ron Stivison) Passed “Aye”: Besselman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Resolution 12-06 BILLS FOR FINAL PASSAGE Bill 10666 (Proposed Substitute Bill No. 1) (Amended) An Ordinance Repealing Ordinance No. 11-095 and Enacting a New Ordinance: (1) Authorizing the Establishment of Checking Accounts with Commerce Bank, N.A., and Designating Persons Authorized to Sign Checks; (2) Designating Enterprise Bank &  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Trust a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “The City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority” at Enterprise Bank & Trust, and Designating Persons Authorized to Initiate Wire Transfers or Sign Checks on Behalf of the City; and (3) Establishing Accounts with New Frontier Bank for Convention Center Operations and Designating Persons Authorized to Sign Checks for the Purpose of Revising the Authorized Persons (Sponsor: Michael Klinghammer) MICHAEL KLINGHAMMER made a motion to amend Council Bill 10666 to remove the Employee Health Fund, Account #17501349; account no longer open and to remove Danny Wheeler and add Alvaro Beltranean as proposed by staff. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Klinghammer, and Ohmes. “Nay”: None. Absent: Feldman. Motion passed. Bill 10667 An Ordinance Approving the Delivery of Not to Exceed $29,750,000 Aggregate Principal Amount of Certificates of Participation (City of St. Charles, Missouri, Lessee), Series 2012, the Proceeds of Which will be Used to (1) Refund Outstanding Lease Obligations Relating to the St. Charles Convention Center, (2) Pay the Cost of Renovating and Improving the St. Charles Convention Center Parking Lot, and (3) Pay Costs Related Thereto; and Authorizing the Execution of Certain Documents and Actions in Connection Therewith (Sponsors: Laurie Feldman, Jerry Reese, Michael Klinghammer, and Ron Stivison) Consultant Joy Howard from WM Financial Strategies provided a brief update relative to Council Bill 10667; and advised the City should realize a saving of almost $2,900,000.00 over the life of the bonds. Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 7, 2012 and is known as Ordinance 12-08 Bill 10668 An Ordinance Authorizing Acceptance of the Storm Sewers and Streets and Their Appurtenances at the Manors of Wynnebrooke for Only that Portion of Said Plat Completed by Frontenac Bank; and Authorizing Release of Security Related Thereto (Sponsors: Michael Klinghammer and Bridget Ohmes) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-09  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Bill 10669 An Ordinance Vacating Approximately 4,326 Square Feet of Unneeded Right-of-Way Commonly Referred to as French Street Between North Fourth Street and the Wabash Railroad Spur to the West and Authorizing the Conveyance of the City’s Interest in 2,230 Square Feet of the Unneeded Right-of-Way by Quit Claim Deed to the Record Owner of the Real Property located at 1501 North Fourth Street (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, and Tom Besselman) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-10 Bill 10670 An Ordinance Repealing Ordinance No. 11-233 Which Authorized a Contract with Millstone Bangert, Inc. and Enacting a New Ordinance Authorizing a Contract with Gershenson Construction Company, Inc. for the Elm Street Widening Project in an Amount Not to Exceed $865,220.00 (Sponsor: Michael Klinghammer) Council President Michael Klinghammer requested to hold Council Bill 10670. Bill 10671 An Ordinance Authorizing a Contract with Plocher Construction Company, Inc. for the Adams Street Lift Station Modifications Project in an Amount Not to Exceed $2,275,000.00 (Sponsor: Michael Klinghammer) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-11 Bill 10672 An Ordinance Amending Chapter 125 of the Code of Ordinances By Amending Article XI, Sections 125.500 and 125.210, To Reflect that the Cable Television Commission Is Now Known As the Digital Media Commission (Sponsor: Ron Stivison) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-12  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Bill 10673 (Tabled) An Ordinance Designating a Portion of the City of St. Charles, Missouri, as a Redevelopment Area; Approving the West Clay Extension Tax Increment Financing (TIF) Redevelopment Plan and the RPA 1 Redevelopment Project Described Therein; Making Findings Related Thereto; Adopting Tax Increment Financing with Respect Thereto; and Authorizing Certain Actions by City Officials (Sponsors: Michael Klinghammer, Mary Ann Ohms, Bridget Ohmes and Mary West) DAVE BECKERING made a motion to Table Council Bill 10673. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman. “Nay”: None. Absent: Feldman. Motion passed. Bill 10674 An Ordinance Declaring One 2001 Central States Metro Star Pumper and One 2003 Smeal Pumper Truck as Surplus Property and Authorizing Disposal of Both by Trade- In; Authorizing the Purchase of Two Pierce Dash CF Side Mount PUC Pumper Trucks from Pierce Manufacturing, Inc. through the HGAC Cooperative Purchasing Program; Authorizing a Master Lease Purchase Agreement with Oshkosh Capital for the Lease/Purchase of Two Pierce Pumper Trucks in the Amount Not to Exceed $1,170,593.08; and Authorizing and Granting Continuing Authority to the Mayor and City Clerk (Sponsor: Michael Klinghammer) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 7, 2012 and is known as Ordinance 12-14 Bill 10675 (Amended) An Ordinance Approving an Amendment to the Development Plan for Charlestowne Plat 1 to Consolidate Seventy-Eight Townhome Lots to Forty-Eight Detached Single Family Lots (Sponsor: Michael Klinghammer) MICHAEL KLINGHAMMER made a motion to amend Council Bill 10675 by deleting all text after the words “first floor” in Section 1.C. RON STIVISON seconded the motion. All voted in favor, motion passed. Council President Michael Klinghammer requested a separate vote on Council Bill 10675. A separate vote was taken on Council Bill 10675, with the following results: Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Klinghammer, Weller, and West “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-13  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Bill 10676 An Ordinance Authorizing a Software Maintenance Agreement with SunGard Public Sector, Inc., for Four (4) Years of Software Support and Maintenance for the Computer Aided Dispatch System, Records Management System, Mobile Computing and Related Systems for the Police Department in an Amount Not to Exceed $441,574.00 (Sponsors: Michael Klinghammer and Michael Weller) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on February 9, 2012 and is known as Ordinance 12-15 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10677 An Ordinance Authorizing the City of St. Charles to Enter Into a Medical Director Agreement with SSM Health Care St. Louis and St. Charles Emergency Group, LLC (Sponsor: Michael Klinghammer) Bill 10678 An Ordinance Authorizing an Affiliation Agreement Between Montgomery County Ambulance District and the City of St. Charles Fire Department to Provide Practical Learning and/or Clinical Experiences for Emergency Medical Services for Properly Enrolled Students of the Montgomery County Ambulance District (Sponsor: Michael Klinghammer) Bill 10679 An Ordinance Amending Chapter 205 of the Code of Ordinances by Creating a New Article to be known as Article III, Life Support Vehicles, and a New Section to be known as Section 205.90, Establishing Transportation Fees and Mileage Charges for Life Support Vehicle (Ambulance) Transportation; and an Effective Date Thereof (Sponsor: Michael Klinghammer) Bill 10680 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and REJIS Commission to Provide 2012 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $47,099.12 (Sponsor: Michael Klinghammer) Bill 10681 An Ordinance Amending Chapter 145 of the Code of Ordinances by Creating a New Section to be Known as Section 145.330 Pertaining to Lobbyist Services (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Bill 10682 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 the City of St. Charles (9.173 Acres of Land Located Along Wildwood Court, Known as Heatherbrook Park) (Sponsor: Laurie Feldman) Bill 10683 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District), 9.173 Acres of Land Located Along Wildwood Court, Known as Heatherbrook Park (Sponsor: Laurie Feldman) Bill 10684 An Ordinance Authorizing a Contract with Karrenbrock Construction Inc. for the South Main Street Roadway Improvement Project in an Amount Not to Exceed $1,286,388.25 (Sponsor: Laurie Feldman) Bill 10685 An Ordinance Authorizing Change Order Number 3 to the Contract with Tramar Contracting, Inc. for the Diekamp Lane Reconstruction Project in an Amount of $34,582.33, for a Total Amount Not to Exceed $504,765.59 (Sponsor: Mary West) Bill 10686 (Amended Prior to Introduction) An Ordinance Amending Ordinance Number 11-255 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2012 (Budget Amendment #1) (Sponsor: Michael Klinghammer) Discussion was held relative to increasing the Convention and Visitors Tourism budget by $60,000.00 related to trolley maintenance and increasing the Economic Development budget by $35,000.00 for temporary signage related to the I-70 Blanchette Bridge Restoration Project. After further discussion, MICHAEL WELLER made a motion to delete increasing the Convention and Visitors Tourism budget by $60,000.00 related to trolley maintenance and increasing the Economic Development budget by $35,000.00 for temporary signage related to the I-70 Blanchette Bridge Restoration Project from Council Bill 10686. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. Bill 10687 An Ordinance Repealing Ordinance No. 11-196 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Unrepresented Employees and to Reclassify the Accounting Supervisor Position from Grade J to Grade I, to change the title of the Manager Retail Business Development to Economic Development Coordinator, to Establish a New Position of and Salary for Director of Economic Development and Tourism and to eliminate separate Director positions for Economic  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ Development and Convention and Visitor’s Bureau, to Establish a New Position of Assistant Director of Tourism, and to eliminate the Director of Sales position (Sponsors: Dave Beckering, Mary West, and Bridget Ohmes) Bill 10688 An Ordinance Authorizing a Contract with Mick Mehler and Sons, Inc. for the Friedens Road and Arena Parkway Water and Sanitary Sewer Relocation in an Amount Not to Exceed $241,772.00 (Sponsors: Laurie Feldman and Michael Klinghammer) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Selection of Council Liaison to Boards, Commissions, and Committees; and Membership of Council Committees (referred by Council President Michael Klinghammer) A motion was made by JERRY REESE to approve the appointment of Mary West to the following Boards, Commissions, and Committees; and Membership of Council Committees: Economic Development Commission, Planning & Zoning Commission (alternate), Finance and Audit Committee, Small Business Incentives Committee, Technology Committee, Charter Review Committee (Chair), and Community Center Task Force as presented by Council President Michael Klinghammer. DAVE BECKERING seconded the motion All voted in favor, motion passed. File #47749 Establishment of the Public Works Street Facility Design Task Force and Appointment of Councilmembers (referred by President of the Council Michael Klinghammer) A motion was made by DAVE BECKERING to establish a Public Works Street Facility Design Task Force; and appoint the following Council Members: Councilmember Michael Weller, Councilmember Mary Ann Ohms, Councilmember Tom Besselman, and Council President Michael Klinghammer. JERRY REESE seconded the motion. All voted in favor, motion passed. File #47750 Discussion Relative to Future Lobbyist Services Contracts (referred by Councilmember Jerry Reese) Councilmember Jerry Reese spoke in favor of Council Bill 10681. File #47751 CONSENT AGENDA Council Vice President Dave Beckering removed Item10D1 Request to Fill Vacant Position(s) in the Police Department; from the Consent Agenda. JERRY REESE made a motion to approve the balance of the consent agenda. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Klinghammer, Ohmes, and Ohms. “Nay”: None. Absent: Feldman. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ A. Approval of Council Minutes 1. Regular Council Meeting of January 17, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of January 17, 2012 File #47730 b. Council Work Session of January 24, 2012 File #47730 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of January 17, 2012 (None) b. Council Work Session of January 24, 2012 i. Consensus of the full Council to have another OPEB study completed for FY 2012. Once the OPEB study is completed bring item back to the Council for further discussion. ii. Consensus of the full Council legislation is presented to the full Council relative to creating a new position that would combine the positions of the Convention and Visitors Bureau Director and the Economic Development Director C. Receipt of Reports from Boards, Commissions or Committees 1. Planning & Zoning Commission Meeting of December 19, 2011 File #47579 2. Board of Adjustment Meeting of January 9, 2012 File #47740 3. Landmarks Board Meeting of December 12, 2011 File #47576 4. Parks & Recreation Board Meeting of August 3, 2011 File #47560 5. Parks & Recreation Board Meeting of December 21, 2011 File #47560 6. Parks & Recreation Board Meeting of January 4, 2012 File #47739 7. Board of Public Works Board Meeting of December 12, 2011 a. Motion to recommend approval of the changes in the scope of services to the Cole Creek Stream Stabilization (Droste to Ruth) Project b. Motion to recommend authorization to acquire easements necessary for the Missouri Flood Gates Improvement Project  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ File #47573 8. Beautification Commission Meeting of September 7, 2011 a. Motion to approve the fence location and the $2,463.30 cost for installation b. Motion to forward the information relative to the 2012 Curb Appeal Grant and Resolution to the City Council on October 4, 2011 with the noted amendments File #47577 9. Citizens with Disabilities Advisory Board Meeting of October 26, 2011 File #47594 10. Arts & Culture Commission Meeting of December 5, 2011 a. Motion to request from Council that remaining funds from 2011 be rolled over into in the 2012 budget b. Motion to approve the final payment of $1,000.00 to Crescendo Concert Series c. Motion to approve the final payment of $1,000.00 to St. Charles County Symphony d. Motion to approve the final payment of $300.00 to Riverside Shakespeare e. Motion to approve the final payment of $2,373.61 to St. Charles Municipal Band f. Consensus of Commission staff liaison could issue final payment to groups once determined the final accounting was in order g. Motion to withdraw the Commission’s previous recommendation for a grant in the amount of $9,000.00 from the Arts and Culture Commission File #47596 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 File #47752 2. Request to Fill Vacant Position in Finance Department File #47753 3. Request to Fill Vacant Position in Fire Department File #47754 E. Approval of Contracts and Easements from $30,001 - $99,999 (none) 1. Contract with Rose International, Inc. for Temporary GIS Support Staff for the Informational Technology Department in an Amount Not to Exceed 38,720.00 C12-071  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ 2. Contract with Motorola Solutions, Inc. for the Annual City Wide 800 MHz Radio System and Related Components Maintenance Agreement in the Amount Not to Exceed $91,928.40 C12-070 3. Contract with CDW Government LLC for Sixteen (16) MDT Toughbooks CF16 in an Amount Not to Exceed $61,808.16 C12-069 F. Preliminary Plats (none) G. Miscellaneous 1. Repeal of Rule Prohibiting a Festival or Event from Receiving Special Business District Funding and Funding from another City Source and Adopting a New Rule Regarding Funding from the Art & Culture Commission File #47755 2. Approval of a Regional Commercial Use Overlay District and an Accompanying Sign Package for the Streets of St. Charles File #47756 3. Approval of Two (2) Electronic Message Signs for the Mobil Service Station and Mini-Mart at the corner of Duchesne and Droste File #47757 4. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law File #47745 5. Receipt of November and December Investment Reports File #47568 ITEMS REMOVED FROM CONSENT AGENDA Council Vice President Dave Beckering requested to hold consent agenda item 10D1 Request to Fill Vacant Position(s) in the Police Department and present at a future Regular City Council Meeting. REPORT OF THE MAYOR Report on Budget Amendment No. 1 (Council Bill 10686) The Honorable Mayor Sally A. Faith provided an update relative to Council Bill 10686. File #47758 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith provided information relative to the WITS recycling program held at the Family Arena; the Convention & Visitors Bureau new website; and the 2012 Fete De Glace event.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 7, 2012 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese provided information relative to the Drug Take Back Program being held at the Criminal Justice Center, 1781 Zumbehl Road on April 28, 2012. Councilmember Mary Ann Ohms provided information relative to the iCare 2012 Main Street Clean-Up Fundraiser being held on February 12, 2012, at 311 N. Main Street; and the Clean-Up Effort being held on April 1, 2012. Council Vice President Dave Beckering provided information relative to the St. Charles County Amateur Sports Hall of Fame Awards Banquet being held on March 24, 2012, and announced Municipal Judge William Lohmar will be receiving an award. 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); hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3), sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12); and confidential or privileged communications between a public governmental body and its auditor (RSMo 610.021.17). A roll call vote was taken, with the following results: “Aye”: Stivison, Weller, West, Beckering, Besselman, Klinghammer, Ohmes, Ohms, and Reese. “Nay”: None. Absent: Feldman. Motion passed. The Open portion of the Regular Council Meeting was adjourned at 8:35 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Michael Klinghammer, Presiding Officer