City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, May 15, 2012, at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with Vice President of the Council Bridget Ohmes, presiding, The Honorable Mayor Sally A. Faith and the Members of the Council present as follows: Dave Beckering, Tom Besselman, Michael Klinghammer, 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. MARY ANN OHMS made a motion to excuse the absence of Council President Laurie Feldman and Council Member Michael Weller. MARY WEST seconded the motion. All voted in favor, motion passed. The Honorable Mayor Sally A. Faith requested Council to advance to agenda item 12A. MICHAEL KLINGHAMMER made a motion to advance to agenda item 12A. RON STIVISON seconded the motion. All voted in favor, motion passed. REPORT OF THE MAYOR The Honorable Mayor Sally A. Faith administered the oath of office to newly appointed Interim Police Chief Lawrence Stulce. The St. Louis Vice Chair of Board of Police Commissioners Floyd Warmann gave a brief bio on Larry Stulce. PUBLIC HEARING The Vice President of the Council Bridget Ohmes announced that the following Public Hearing would now be held: A. West Clay Community Improvement District Amended Petition (RCA Attached) At the conclusion of the public hearing, the Regular Session continued with the order of business. AWARDS/PROCLAMATIONS/ PRESENTATIONS The Honorable Mayor Sally A. Faith presented a Proclamation declaring May 13-19, 2012 as “National Salvation Army Week” in the City of St. Charles, Missouri. The Honorable Mayor Sally A. Faith presented a Proclamation recognizing John Dengler Tobacconist Celebrating its 40th Anniversary in the City of St. Charles; and 95th Year in Business. Director of Economic Development and Tourism David Leezer presented the Jack Heck Award to Jim Thro.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ PUBLIC COMMENT RELATIVE TO AGENDA ITEMS Wayne Winters, 2367 England Town Road, St. Louis, Missouri, voiced concern relative to Council Bill 10761. Bill Meinhold, 1150 Wedge Wood, St. Charles, Missouri, spoke in opposition to Council Bill 10760 and Council Bill 10761. Karen Satterfield, 715 S. Main Street, St. Charles, Missouri, spoke in opposition to Council Bill 10745 and Council Bill 10746. Holly Haddox, 1001 S. Main Street, St. Charles, Missouri, spoke in opposition to Council Bill 10745 and Council Bill 10746. Cindy Wood, 803 S. Main Street, St. Charles, Missouri, spoke in opposition to Council Bill 10746. RESOLUTIONS A Resolution Authorizing Submittal of Eleven (11) Applications to the St. Charles County Road Board for Transportation Project Funding for FY 2013-2015 (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, Bridget Ohmes, Laurie Feldman, Michael Weller, Michael Klinghammer, Dave Beckering, and Mary West) Passed “Aye”: Feldman, Klinghammer, Ohms, Reese, West, and Besselman “Nay”: None Absent: Ohmes, Stivison, Weller, and Beckering Approved by the Honorable Mayor on May 24, 2012 and is known as Resolution 12-17. BILLS FOR FINAL PASSAGE Bill 10699 (Held) 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) Council Bill 10699 held to the June 5, 2012 Regular Council Meeting. Bill 10742 An Ordinance Authorizing the Mayor and City Clerk to Execute a Fee Simple Deed (The Bank of New York Mellon, FKA The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the holders of Bear Stearns ALT-A Trust, 2005-2, Mortgage Pass-Through Certificates – 1107 South Benton) (Sponsor: Tom Besselman) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-81 Bill 10743 An Ordinance Amending Chapter 500 of the Code of Ordinances by Amending Section 505.320 Pertaining to the Cost-Sharing Sidewalk Replacement Program (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, Bridget Ohmes) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012and is known as Ordinance 12-82 Bill 10744 An Ordinance Authorizing a Bond Waiver Agreement Between City of St. Charles and St. Charles County for Storm Sewer Improvements on Spring Drive (Sponsor: Jerry Reese) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-83 Bill 10745 An Ordinance Amending Chapter 400 of the Code of Ordinances of the City of St. Charles by Amending Section 400.200 With Regard to Adding a Conditional Use within the HCD Historic Commercial District (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-84 Bill 10746 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.330 Pertaining to the South Main Preservation District and Prohibiting Banquet Centers and Meeting Facilities as a Permitted or Conditional Use (Sponsors: Mary Ann Ohms and Tom Besselman) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-85  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ Bill 10747 An Ordinance Amending Chapter 400 of the Code of Ordinances by Enacting a New Section to be Known as 400.390 Pertaining to the Fifth Street Corridor Hospital District (Sponsors: Mary Ann Ohms and Tom Besselman) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-86 Bill 10748 (Substitute Bill No. 1) 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 #3) (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 May 24, 2012 and is known as Ordinance 12-87 Bill 10749 An Ordinance Designating a New Account with New Frontier Bank as 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 Convention Center Buy Down Fund” at New Frontier Bank; and Designating Persons Authorized to Initiate Wire Transfers or Sign Checks on Behalf of the City (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 May 24, 2012 and is known as Ordinance 12-88 Bill 10750 An Ordinance Amending Schedule III, Table III-A of Chapter 300 of the Code of Ordinances by Establishing Parking Restrictions Along a Portion of Concordia Lane near Coverdell School (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, and Bridget Ohmes) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-89 Bill 10752 An Ordinance Authorizing an Amendment to the 2012 Consolidated Annual Action Plan Budget and Authorizing the Submittal of the Funding Approval Agreement, Request for Release of Funds and Certification, CPMP Non-State Grantee Certifications and the Application for Federal Assistance with the U.S. Department of Housing and Urban Development for use of Community Development Block Grant Funds (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 May 24, 2012 and is known as Ordinance 12-90 Bill 10753 An Ordinance Authorizing a First Amendment to the Missouri Highways and Transportation Commission 5309 Public Transit Capital Assistance Grant Agreement for Funding the Acquisition of One (1) New Bus for the SCAT System and Utilize Non- Reappropriated 2011 204 Capital Funds in the Amount of $24, 357 (Sponsors: Jerry Reese, Tom Besselman, Bridget Ohmes, Mary Ann Ohms, and Ron Stivison) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-91 Bill 10754 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-C-1, a Subdivision of the City of Saint Charles, Missouri (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 Pro-Tem on May 22, 2012 and is known as Ordinance 12-92 Bill 10755 An Ordinance Ordering that Certain Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ “Nay”: None Absent: Feldman and Weller Approved by the Honorable Mayor on May 24, 2012 and is known as Ordinance 12-93 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10756 An Ordinance Amending Ordinance No. 12-61 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Deleting the Outgoing Information Technology Director and Replacing the Designated Police Chief (Sponsor: Laurie Feldman) Bill 10757 An Ordinance Approving the Record Plat for Resubdivision of Lot 2 of the Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Bill 10758 An Ordinance Authorizing a Right-of-Way Encroachment License with St. Charles Noah Development, LLC for the Construction and Maintenance of an Irrigation System Located on the Right of Way at or Near Lombard Street (Sponsors: Laurie Feldman, Mary Ann Ohms, Tom Besselman, Jerry Reese, Ron Stivison, and Bridget Ohmes) Bill 10759 An Ordinance Authorizing Supplemental Agreement No. 3 to the Engineering Services Contract with Jacobs Engineering Group, Inc. to Provide Additional Construction Related Services for the City’s Water Treatment Plant in an Amount of $12,300.00, for a Total Contract Not to Exceed $670,600.00 (Sponsor: Michael Klinghammer) Bill 10760 An Ordinance Approving a Redevelopment Agreement in Connection with the West Clay Extension Tax Increment Financing (TIF) Redevelopment Plan (Sponsors: Michael Klinghammer, Mary Ann Ohms, and Mary West) Bill 10761 An Ordinance Authorizing a First Amendment to a Planned Development Mixed Use Development Agreement between the City of St. Charles, Missouri and The DESCO Group, Inc., for the West Clay Extension Redevelopment Project (Sponsors: Michael Klinghammer, Mary Ann Ohms, and Bridget Ohmes) Bill 10762 An Ordinance Approving an Agreement Among the City of St. Charles, Missouri, SM Properties UV, LLC, Lindenwood University and the School District of the City of St. Charles, Missouri, in Connection with the RPA 1 Redevelopment Project Described in  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ the West Clay Extension Tax Increment Financing (TIF) Redevelopment Plan (Sponsors: Michael Klinghammer, Mary Ann Ohms, and Mary West) CONSENT AGENDA Councilmember DAVE BECKERING requested to removed agenda item 10D2 Authorization of Interim Pay for Matthew Seeds while he manages the IT Department from the consent agenda. A motion was made by MICHAEL KLINGHAMMER to approve the balance of the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, and Klinghammer. “Nay”: None. Absent: Feldman and Weller. Motion passed. A. Approval of Council Minutes (none) B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Fire Station Design Team Committee Meeting of May 1, 2012 File #47823 b. Grant Review Committee Meeting of May 8, 2012 File #47824 c. Street Committee Meeting of May 8, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Fire Station Design Team Committee Meeting of May 1, 2012 i. Motion the Fire Station Design Team Committee Makes a Recommendation to the Full Council to Move Forward with the Site Work Portion of the New Fire Station Project as well as Begin Construction on the Maintenance Storage Building b. Grant Review Committee Meeting of May 8, 2012 i. Motion to recommend approving the following grants for Fiscal Year 2012 in the indicated amounts: Boone Center Inc. (BCI) $1,345.00 Bridgeway Behavioral Health- The $1,610.00 Women's Center Community Living, Inc. $800.00 Connections To Success $3,180.00 F.A.S.T. "Foster Adoption Support $4,565.00 Team" Five Acres Animal Shelter $2,000.00 Missouri Foster Care & Adoption $3,000.00 Association Sts. Joachim & Ann Care Service $9,500.00  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ The Church of St. Charles $3,000.00 (The award to The Church of St. Charles is contingent on their providing a revised detailed budget for the grant funds) Volunteers In Medicine, Inc $6,000.00 Youth In Need $5,000.00 c. Street Committee Meeting of May 8, 2012 i. Motion to accept staff recommendation that the intersection remain a two way stop with Canal Street stopping for Arpent Street ii. Motion to accept staff recommendation that the intersection remain a two way stop with Fox Hill Road/Charlestowne Village Drive stopping for Boschertown Road iii. Motion to approve staff making application to the County Road Board for funds to install a permanent barrier along New Town Blvd iv. Motion to accept staff recommendation and grant the request for a Right of Way Encroachment License for an irrigation system located on Lombard Street (Noah’s Ark Drive) v. Motion to accept staff recommendation and install additional lighting on Ehlmann Road between Truman Terrace Drive and Harry S. Truman Road vi. Motion to authorize staff to make applications through the County Road Board to assist with the required local match for anticipated federal funds and approval of presenting a Resolution to full Council for submitting the funding requests C. Receipt of Reports from Boards, Commissions or Committees 1. Human Relations Commission Meeting of February 2, 2012 a. Motion to Approve Sponsoring the Fair Housing / Diversity Summit Scheduled for Thursday, April 5, 2012 b. Motion to Approve Sponsoring the Second 2012 Fair Housing / Diversity Event File #47797 2. Special Business District Advisory Board Meeting of February 2, 2012 File #47737 3. Planning and Zoning Commission Meeting of March 26, 2012 File #47784 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – April 2012  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ File #47743 2. Authorization of Interim Pay for Matthew Seeds while he manages the IT Department ITEM REMOVED FROM THE CONSENT AGENDA 3. Authorization of Interim Pay for Major Ed Mitchell for Managing the Police Department File #47825 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Heggemann, Inc. for Sandfort Creek Lift Station Flow Meter and Rain Gauge Project in an Amount Not to Exceed $50,823.00 C12-256 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Home Improvement Loans File #47826 2. Approval of Arts and Culture Commission Expenditures File #47748 3. Certification of City Clerk Relative to Receipt of the Amended Petition for Establishment of the West Clay Extension Community Improvement District in Accordance with Section 67.1401, et seq. RSMo. File #47827 ITEMS REMOVED FROM CONSENT AGENDA Council Member Dave Beckering requested agenda items 10D2 Authorization of Interim Pay for Matthew Seeds while he manages the IT Department be held and discussed at a future Council Closed Session meeting. REPORT OF THE MAYOR A motion was made by MICHAEL KLINGHAMMER to approve the following appointments to Boards and Commissions as presented by the Honorable Mayor Sally A. Faith: Planning and Zoning Commission: Appointment of Larry Muench for a three-year term ending in May, 2015. Board of Public Works: Appointment of Jeff Ohmes for a three-year term ending in May, 2015. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, and Klinghammer. “Nay”: None. “Abstain”: Ohmes. Absent: Weller and Feldman. Motion passed. File #47829  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ The Honorable Sally A. Faith announced upcoming events in the City of Charles, Missouri; and that the Convention & Visitors Bureau has launched its first E-News Letter! ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council Member Ron Stivison announced the Veteran’s Commission will be holding a program on June 18, 2012 at 7:00 p.m. at Bishop’s Landing recognizing the 200th Anniversary of Signing the Declaration of War of 1812. Council Member Michael Klinghammer announced the ICSC (International Conference of Shopping Centers) will be held May 19-23, 2012 in Las Vegas, NV; and to please advise him if there is a specific retail business the City should meet with during this conference. 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. APPROVAL OF CLOSED MINUTES DAVE BECKERING made a motion approve the following Closed Minutes: A. Council Work Session of February 28, 2012 (5:30 p.m.) 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); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) B. Council Work Session of February 28, 2012 (8:40 p.m.) 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); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 15, 2012 ______________________________________________________________________________ C. Council Work Session of March 6, 2012 relative to legal actions, causes of action, or litigation (RSMo 610.021.1); 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); preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) D. Council Work Session of March 20, 2012 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); preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) E. Council Work Session of April 3, 2012 relative to legal actions, causes of action, or litigation (RSMo 610.021.1); 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); preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) F. Street Committee of the City Council of April 3, 2012 relative to legal actions, causes of action, or litigation (RSMo 610.021.1) G. Street Facility Design Task Force Meeting of April 17, 2012 relative to legal actions, causes of action, or litigation (RSMo 610.021.1) TOM BESSELMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Klinghammer, and Ohms. “Nay”: None. Absent: Weller and Feldman. Motion passed. The Regular Council Meeting was adjourned at 8:00 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Bridget Ohmes, Presiding Officer