City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, April 3, 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, Laurie Feldman, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, and Ron Stivison. Absent: Mike Weller and Mary West. 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. A motion was made by MARY ANN OHMS to excuse the absence of Councilmember Michael Weller and Councilmember Mary West. DAVE BECKERING 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/Administrative Hearings would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Public Hearings 1. Case No. CU-13-12. (The Austen-Dooley Company). An application for a Conditional Use Permit from §400.150(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 1639 Deergrass Drive. The subject property is 0.41 acres and is located in Ward 4. 2. Case No. Z-03-12. (Cole & Associates) An application to rezone approximately 0.26 acres of land at 702 Jackson Street from R-2 Two- Family Residential District to CBD Central Business District. The subject property is located within Ward 2. 3. Case No. Z-04-12. (Cole & Associates) An application to rezone approximately 0.19 acres of land at 706 Jackson Street from R-2 Two- Family Residential District to CBD Central Business District. The subject property is located within Ward 2. 4. Case No. Z-05-12. (Cole & Associates) An application to rezone approximately 1.68 acres of land at 723 First Capitol Drive (3 parcels: 6- 009D-9398-01-A, 6-009D-9398-01-B & 6-009D-9398-01-C) from C-2 General Business District to CBD Central Business District. The subject properties are located within Ward 2.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ 5. Adoption of the Fifth Street Corridor/Hospital District Plan. The Plan proposes a vision for the future of the Fifth Street Corridor and the SSM St. Joseph Health Center campus and will serve as a guide to the redevelopment of this area. 6. Case No. CU-12-12. (DOTec Engineering). An application for a Conditional Use Permit from §400.220(C)(1)(k) for an Automotive Sales business within the C-2 General Business District, specifically to approve an automotive sales business on an existing vacant lot at 1407 First Capitol Drive (2 parcels). The subject properties are 0.65 acres and are located in Ward 4. 7. 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 homes 8. Case No. DR-02-12. (City of St. Charles) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.200(C) to add Banquet Centers and Meeting Facilities as a Conditional Use within the HCD Historic Commercial District. 9. Case No. DR-03-12. Adopt form based standards as overlay zoning districts for the SSM St. Joseph Health Center Redevelopment Area and the Fifth Street Corridor Redevelopment Area. These redevelopment areas are located in Wards 1 and 2. B. Administrative Hearing 1. Appeal of Landmarks Board Decision to Deny Certificate of Demolition Regarding 706 Jackson PUBLIC COMMENT RELATIVE TO AGENDA ITEMS D. Wayne Mayer, 444 Empire Drive, St. Charles, Missouri, representing the John J. Stock Trust; and Wayne Winters, 2367 England Town Road, St. Louis, Missouri, representing the Stock & Nolle Trust, spoke relative to agenda item 10G1 Certification of City Clerk Relative to Receipt of the Petition for Establishment of The West Clay Extension Community Improvement District in Accordance with Section 67.1401, et seq. RSMo.; more specifically, they submitted a Signature Page of Petition for Creation of the West Clay Extension Community Improvement District to City Clerk Laura L. Whitehead and requested this document be included with Petition  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ to the City of St. Charles, Missouri for the Creation of the West Clay Extension Community Improvement District. Mr. Winters also requested when the Honorable Sally A. Faith appoints Board Members to the West Clay Extension Community Improvement District; to please consider appointing the Trustees of the John J. Stock & Leona Nolle Trust. Mr. Winters also indicted the addresses shown on Exhibit B of the Petition for the Creation of the West Clay Extension Community Improvement District is incorrect. And, in order to correct this error the Signature Page of Petition for Creation of the West Clay Extension Community Improvement District that they’ve submitted to the City Clerk at this evening’s meeting must be included. Mr. Winters also stated the assessed values shown in Exhibit B of the Petition for the Creation of the West Clay Extension Community Improvement District are incorrect; and suggested correcting these assessed values prior to notices of the public hearing to the property owners in the proposed Community Improvement District being mailed. In closing, Mr. Winters stated if the City of St. Charles has any questions regarding the Signature Page of Petition for Creation of the West Clay Extension Community Improvement they’ve submitted, to please contact them. RESOLUTIONS A Resolution of the City Council of the City of St. Charles, Missouri Adopting Sustainable Gateways to the Heart of St. Charles as the Master Plan for the Fifth Street Corridor/SSM St. Joseph Hospital Redevelopment Area (Sponsors: All Members of City Council) Passed “Aye”: Ohms, Reese, Stivison, Beckering, Besselman, Feldman, Klinghammer, and Ohmes “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Resolution 12-10 A Resolution Declaring Three City Police Vehicles to be Surplus Property and Authorizing the Sale by Auction (Sponsor: Michael Klinghammer) Passed “Aye”: Reese, Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, and Ohms “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Resolution 12-11 BILLS FOR FINAL PASSAGE Bill 10699 An Ordinance Declaring the Power of the City of St. Charles, Missouri to Issue General Obligation Debt to be Forfeited in the Amount of $30,000,000 (Sponsors: Mary Ann Ohms, Laurie Feldman, and Dave Beckering) JERRY REESE made a motion to hold Council Bill 10699. MICHAEL KLINGHAMMER seconded the motion. All voted in favor, motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ Council Vice President Dave Beckering requested Council Bill 10699 be held to the May 1, 2012, Regular Council Meeting, and requested Community Center Subcommittee of the Council schedule a meeting to discuss Council Bill 10699 prior to the May 1, 2012, Regular Council Meeting. It was the consensus of the Council that Councilmember Bridget Ohmes Chair the Community Center Subcommittee of the Council. Bill 10711 An Ordinance Authorizing the Purchase of Real Property Located at 453 Boone’s Lick Road for the Not To Exceed Amount of $392,000.00, Inclusive of Closing Costs, and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Michael Klinghammer) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-50 Bill 10712 An Ordinance Authorizing a Right-of-Way Encroachment License with Mark IV Cleaners, LLC for the Construction and Maintenance of Two Additional Groundwater Monitoring Wells Located Within the Alley Right of Way At or Near 1025 First Capitol Drive (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, and Bridget Ohmes) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-51 Bill 10713 An Ordinance Authorizing an Agreement Between the City of St. Charles and the Missouri Highways and Transportation Commission to Participate in the Missouri Department of Transportation (MoDOT) Work Zone Enforcement Program and Receive Reimbursement of Eligible Expenses up to Five Thousand Dollars for the Years 2012 Through 2016 (Sponsor: Michael Klinghammer) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-52 Bill 10714  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ An Ordinance Authorizing a Contract with Karrenbrock Construction Inc. for the New Town Boulevard Widening Project in an Amount Not to Exceed $340,372.10 (Sponsor: Michael Klinghammer) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-53 Bill 10715 An Ordinance Authorizing a Right-of-Way Encroachment License Agreement with Right On Management, LLC, c/o Tom Mauer, for the Construction, Operation and Maintenance of a Sidewalk Café (Bobby’s Place) Located at 143 North Main Street (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, and Bridget Ohmes) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-54 Bill 10716 An Ordinance Authorizing a Contract with Mississippi Lime Company for Purchase of Standard Hydrated Lime for the Water Division in an Amount Not to Exceed $258,209.14 (Sponsor: Michael Klinghammer) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-55 Bill 10717 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Cooperative Marketing Program, for the FY 2013 Destination Advertising Grant and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsor: Ron Stivison) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-56 Bill 10718 An Ordinance Authorizing an Affiliation Agreement Between Lake Superior State  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ University 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 Lake Superior State University (Sponsor: Michael Klinghammer) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-57 Bill 10719 An Ordinance Vacating the Right-of-Way of an Approximate 15 Foot Wide Alley Located at 1028 through 1038 South Main Street (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, and Bridget Ohmes) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on April 4, 2012 and is known as Ordinance 12-58 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10721 An Ordinance Authorizing an Intergovernmental Cooperation Agreement By and Between St. Charles County, Missouri and the Cities of St. Charles, St. Peters, O’Fallon, Lake Saint Louis and Wentzville and Great Rivers Greenway District to Participate in the I-70 Corridor Study to Develop a Strategic Plan to Enhance the Economic Sustainability of the I-70 Corridor in St. Charles County (Sponsor: Michael Klinghammer) Bill 10722 An Ordinance Rezoning to Zoning District CBD (Central Business District) from Zoning District R-2 (Two-Family Residential District), Approximately 0.26 Acres of Land Located at 702 Jackson Street (Sponsor: Tom Besselman) Bill 10723 An Ordinance Rezoning to Zoning District CBD (Central Business District) from Zoning District R-2 (Two-Family Residential District), Approximately 0.19 Acres of Land Located at 706 Jackson Street (Sponsor: Tom Besselman) Bill 10724 An Ordinance Rezoning to Zoning District CBD (Central Business District) from Zoning District C-2 (General Business District), Approximately 1.68 Acres of Land (3 Parcels: 6- 009D-9398-01-A; 6-009D-9398-01-B & 6-009D-9398-01-C) Located at 723 First Capitol Drive (Sponsor: Tom Besselman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ Bill 10725 An Ordinance Granting to State of Missouri Department of Natural Resources (MDNR), a Permanent Easement to Construct, Operate and Maintain an Electric Transmission and or Distribution Line On or Under the Property Located at 230 South Main Street, (St. Charles Convention and Visitors Bureau) to Serve the First Missouri State Capitol Historic Site (Sponsor: Mary Ann Ohms) Bill 10726 An Ordinance Amending Ordinance No. 11-246 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Creating New Accounts for the Assistant Director of Tourism and Tourism Sales Staff, Changing the Title of the Economic Development Director to Director of Economic Development and Tourism, and requesting a credit limit increase from $2,500 to $5,000 to the Director of Economic Development and Tourism (Sponsor: Ron Stivison) Bill 10727 An Ordinance Authorizing Change Order Number 3 to the Contract with L. Krupp Construction, Inc. for the Boschertown Road Relocation Project in an Amount of $140,531.02, for a Total Amount Not to Exceed $2,997,630.84 (Sponsor: Michael Klinghammer) Bill 10728 An Ordinance Ratifying and Approving a Police Services Agreement with the Saint Charles R-VI School District for Two (2) School Resource Officers for the Period of July 1, 2012 Through June 30, 2015 (Sponsor: Michael Klinghammer) Bill 10729 An Ordinance Authorizing Amendment Number 1 to the Contract with Aerotek, Inc. to Provide Two (2) Temporary Contract Project Managers for the City of St. Charles to Assist the Public Works Department Manage Wastewater and Water Infrastructure Construction Projects in an Amount of $83,847.23, for a Total Amount Not to Exceed $193,847.23 (Sponsor: Michael Klinghammer) Bill 10730 An Ordinance Authorizing a Protective Rental Agreement with Sparta Investment LLC for the Rental of Seven Mobile Homes Needed for the West Clay Extension Project in an Amount Not to Exceed $27,950.00 (Sponsor: Tom Besselman) Bill 10731 An Ordinance Authorizing the City of St. Charles, Missouri to Participate and Cooperate with the County of St. Charles, Missouri Regarding the Federal Communications Commission (FCC) Request for Waiver of Section 90.209(b) of the FCC Rule Pertaining  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ to Narrow Banding of Specific VHF and UHF Radio Frequencies (Sponsor: Michael Klinghammer) Bill 10732 An Ordinance Authorizing a Contract with Landvatter Ready Mix, Inc. for Ready-Mix Concrete Supply Services for the Street Division in an Amount Not to Exceed $115,000.00 (Sponsor: Jerry Reese) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Assisting the Meals on Wheels Program Councilmember Jerry Reese reported the City of St. Peters, Missouri has adopted a program whereas their residents can choose to donate $1.00 on their utility bill that will support the Meals on Wheels Program; and suggested the City of St. Charles consider adopting the same program. Discussion ensued relative to alternating charities; and having the Sr. Citizen Advisory Commission research and recommend a program to the full Council for consideration. 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”: Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison. “Nay”: None. Absent: Weller and West. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of March 13, 2012 File #47729 2. Regular Council Meeting of March 20, 2012 File #47729 3. Public Hearing of March 20, 2012 File #47792 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Facility Design Task Force Meeting of March 20, 2012 File# 47769 b. Council Work Session (Closed) of March 20, 2012 File #47730 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Facility Design Task Force Meeting of March 20, 2012 i. Motion to add Kuhlmann design Group, Inc. to the list of consultants to be extended invitations to interview. b. Council Work Session (Closed) of March 20, 2012 (none) C. Receipt of Reports from Boards, Commissions or Committees  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ 1. Board of Public Works Meeting of February 13, 2012 a. Motion to recommend approval of the 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. b. Motion to recommend authorization to enter into 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. c. Motion to recommend authorization to acquire easements required for the 146 Shelburne Bank Stabilization Project. d. Motion to recommend authorization to enter into an Easement Encroachment License with Mr. and Mrs. Reigerix of 22 Wynnbrooke Manor Court. e. Motion to recommend acquisition of easements required for 300 Water Street storm and sanitary improvement project. f. Motion to recommend acquisition of easements required for Boschert Creek Stabilization, from W. Adams, W. Clark. g. Motion to recommend acquisition of easements required for Zumbehl Storm Sewer Project. File #47771 2. Landmarks Board Meeting of February 13, 2012 File #47770 3. Senior Citizen Advisory Commission Meeting of February 21, 2012 a. Motion to participate in the “St Charles County Diversity Housing Summit” on April 5, 2012. b. Motion to participate in the Drug Take Back Program. c. Motion to nominate Bob Mudrovic as Co-Chairman. d. Motion to nominate Bruce Melton as Secretary. File #47781 4. Planning and Zoning Meeting of February 27, 2012 File #47784 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Broyles Lawn Service, LLC for Mowing of City Owned Properties, Weed Cutting, and Nuisance Removal in an Amount Not to Exceed $64,730.00 C12-163 2. Contract with Gerstner Electric, Inc. for Annual Street Lighting Maintenance in an Amount Not to Exceed $70,000.00 C12-162  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ 3. Contract Amendment #3 with Dawn Blackburn dba Fat Dog Creative for One Additional Month of Graphic Design Services in an Amount Not to Exceed $3,800.00 for a Total Contract Amount of $60,800.00 C09-109 F. Preliminary Plats (none) G. Miscellaneous 1. Certification of City Clerk Relative to Receipt of the Petition for Establishment of The West Clay Extension Community Improvement District in Accordance with Section 67.1401, et seq. RSMo. File #47793 2. Authorization to extend Agreement between International Union of Operating Engineers Local 148 and the City to May 31, 2012 File #47794 REPORT OF THE MAYOR Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith thanked the Members of the I-Clean Team for their continued efforts for keeping Main Street clean. The Honorable Mayor Sally A. Faith congratulated the Little Hills Winery. The Honorable Mayor Sally announced upcoming events in the City of St. Charles, Missouri. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese announced the upcoming Prescription Drug Take Back Program which is being held Saturday, April 28, 2012 at the Criminal Justice Center. TABLED BILLS/PUBLIC HEARINGS Bill 10673 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) (Tabled at the February 7, 2012, Regular Council Meeting. No action taken on Council Bill 10673. The Regular Council Meeting was adjourned at 9:03 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 3, 2012 ______________________________________________________________________________ ______________________________ Date Approved ______________________________ _________________________________ City Clerk Michael Klinghammer, Presiding Officer