City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, February 21, 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, and Mary West. Absent: Laurie Feldman and Michael Weller. 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. JERRY REESE made a motion to excuse the absence of Councilmember Laurie Feldman and Councilmember Michael Weller. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. ADMINISTRATIVE HEARING The President of the Council Michael Klinghammer announced that the following Administrative Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: Appeal of Landmarks Board Decision Regarding Replacement Windows at 1208 N. Third Street PUBLIC COMMENT Virginia van Berkum, 427 Lindenwood Avenue, St. Charles, Missouri, spoke in opposition to Council Bill 10687. BILLS FOR FINAL PASSAGE Bill 10666 (Substitute Bill No. 1) 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 & 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller 1  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-17 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-18 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-19 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-20 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman 2  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-21 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-22 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) Councilmember Jerry Reese spoke in favor of Council Bill 10681. Failed “Aye”: Ohms, Reese, and Besselman “Nay”: Ohmes, Stivison, West, Beckering, and Klinghammer Absent: Feldman and Weller Council Bill 10682 Failed Passage File #47762 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-23 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) 3  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-24 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23 , 2012, and is known as Ordinance 12-25 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-26 Bill 10686 (Amended) 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) Council President Michael Klinghammer requested Council Bill 10686 to be passed prior to all other Council Bills for final passage; and requested a separate vote on Council Bill 10686. A separate vote was taken on Council Bill 10686, with the following results: Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-18 4  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ 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 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) BRIDGET OHMES made a motion to hold Council Bill 10687. MICHAEL WELLER seconded the motion. All voted in favor, motion passed. Bill 10688 (Supplemental RCA Attached) 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on February 23, 2012, and is known as Ordinance 12-27 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10689 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Music on Main 2012 Event; Authorizing an Agreement with the Historic Downtown Business Association for the Purpose of Conducting the Music on Main Special Event from May Through September 2012, Which Shall Include the Placing of Booths on a Portion of the Main Street Sidewalk for the Dispensing of Alcoholic Beverages and Sale of Food to the Public, and the Providing of Live Entertainment (Sponsor: Ron Stivison) Councilmember Mary Ann Ohms requested that her name be added as a sponsor. Bill 10690 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2012 Events of Sunday Fundays and the Mosaics Festival (Sponsor: Ron Stivison) Councilmember Mary Ann Ohms requested that her name be added as a sponsor. Bill 10691 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property 5  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ Interests for the 146 Shelburne Bank Stabilization Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Michael Klinghammer and Bridget Ohmes) Bill 10692 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the 300 Water Street Storm & Sanitary Sewer Relocation Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Michael Klinghammer and Tom Besselman) Bill 10693 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Zumbehl Road Storm Sewer Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Michael Klinghammer and Mary West) Bill 10694 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Boschert Creek (West Adams to West Clark) Stabilization Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Michael Klinghammer and Dave Beckering) Bill 10695 An Ordinance Authorizing an Easement Encroachment License with James R. Riegerix, Jr. and Christy L. Riegerix for the Construction and Maintenance of Playground Equipment on the City’s Easement Located in the Rear of 22 Wynnbrooke Manor Court (Sponsor: Michael Klinghammer) Bill 10696 An Ordinance Authorizing an Engineering Services Contract with CDG Engineers Architects Planners, Inc. to Prepare Phase III Construction Documents and Provide Phase IV Bidding and Construction Observation Services for Improvements to the City Hall Parking Structure in an Amount Not to Exceed $212,800.00 (Sponsor: Michael Klinghammer) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Sponsoring the National Prescription Take Back Event being held on April 28, 2012 (Referred by Councilmember Jerry Reese) Councilmember Jerry Reese provided an update relative to the National Prescription Take Back Event; and requested the full Council’s support. It was the consensus of the full Council to continue to support this program. File #47763 6  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Klinghammer, Ohmes, and Reese. “Nay”: None. Absent: Feldman and Weller. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of February 7, 2012 2. Public Hearing of February 7, 2012 File #47764 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of February 7, 2012 File #47730 b. Street Committee Meeting of February 8, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of February 7, 2012 (none) b. Street Committee Meeting of February 8, 2012 i. Motion to accept the 2012 update relative to the Long Range Transportation Plan ii. Motion to accept St. Charles County proposal for the I-70 Cave Springs Interchange CMAQ application iii. Motion to approve the amount of funds to request for the Federal TIGER 4 Grant Funding and forward to full council for approval iv. Motion to accept the Sidewalk Transportation Plan Phase 2 C. Receipt of Reports from Boards, Commissions or Committees 1. Economic Development Commission Meeting of November 3, 2011 a. Motion to Approve Economic Development Department’s Strategic Plan File #47578 2. Economic Development Commission Meeting of December 1, 2011 File #47578 3. Economic Development Commission Meeting of January 12, 2012 File #47765 D. Receipt of Reports of the Director of Administration 1. Update Relative to FEMA Response to the City’s Appeal Regarding the New Flood Maps 7  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ Director of Community Development Bruce Evans provided a verbal update relative to FEMA’s response to the City’s appeal regarding the new flood maps. A request was made to provide the full Council with a copy of the new flood maps. File #47766 2. Authorization to Extend Agreement between International Union of Operating Engineers Local 148 and the City to March 31, 2012 File #47767 3. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000.00 – January 2012 File #47743 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Amendment No. 1 to the Contract with Lewis Rice & Findersh, L.C. through Attorney Neal Perryman to Provide Legal Services Related to Labor Agreement Negotiations with Local 148 of the International Union of Operating Engineers in an Amount of $10,000.00 for a Total Contract Amount Not to Exceed $40,000.00 C11-448 2. Contract with Karrenbrock Excavating, Inc. for Site Demolition and Clearance for South Main South Roadway Improvement Project in an Amount Not to Exceed $53,000.00 C12-088 3. Renewal Contract with Schulte Supply, Inc. for the Purchase of Neptune Automated Meter Reader (AMR) Water Meters in an Amount Not to Exceed $75,000.00 C07-303 4. Contract Agreement with AT&T Missouri for Relocating Telephone Distribution Facilities for the Elm Street Widening Project in an Amount Not to Exceed $56,468.52 C12-090 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the Elm & 370 Community Improvement District Annual Report for 2011 File #47768 2. Report of Court Administrator of Monies Collected and Deposited during the Month of January 2012 File #47746 3. Approval of Liquor License Application for Hanan Badwan, d/b/a: Ole Jalapeno, Located at 504 Droste Road File #47725 8  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 21, 2012 ______________________________________________________________________________ 4. Approval of Liquor License Application for Esther Kim, d/b/a: Little Tokyo, Located at 1456 Bass Pro Drive File #47725 REPORT OF THE MAYOR The Honorable Sally A. Faith announced upcoming events in the City of St. Charles; and requested everyone to visit the Convention and Visitors Bureau’s new website at www.historicstcharles.com. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council President Michael Klinghammer announced future council work sessions will be moved off the dais and onto the floor of the chambers; and will no longer be televised in order to be less formal and more productive. Council President Klinghammer also noted work sessions are public meetings and encouraged all residents to attend. Councilmember Jerry Reese announced there will be a diverse living conference coming in April 2012; and the Senior Health Fair will be held in August 2012. Councilmember Reese also noted the City’s accessibility guide is being revised with the help of Lindenwood students. The Regular Council Meeting was adjourned at 8:05 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Michael Klinghammer, Presiding Officer 9