City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, June 19, 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 Laurie Feldman, presiding, The Honorable Mayor Sally A. Faith and the Members of the Council present as follows: Dave Beckering, Tom Besselman, Michael Klinghammer, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, and Ron Stivison. Absent: Michael Weller and Mary West. Assistant City Clerk Kimberly S. Hudson 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 BRIDGET OHMES to excuse the absence of Councilmember Michael Weller and Councilmember Mary West. MICHAEL KLINGHAMMER seconded the motion. All voted in favor, motion passed. PUBLIC HEARING The President of the Council Laurie Feldman announced that the following Public Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Case No. Z-14-06 An application to amend the previously approved Development Plan and Regulating Plan for the St. Charles Noah’s Ark Development project (Streets of St. Charles) at 1500 South Fifth Street within the PD-MU Planned Development-Multi Use District. The property is 27.59 acres and is located in Ward 3 (Council Bill 10784) RESOLUTIONS A Resolution in Support of House Bill 1329 of the 96th General Assembly of the State of Missouri That Provides for the Imposition of Local Sales Tax on all Motor Vehicles, Trailers, Boats, and Outboard Motors Required to be Registered with the Department of Revenue and Urging Governor Jay Nixon to Sign the Legislation. (Sponsors: Jerry Reese and Michael Klinghammer) Councilmembers Tom Besselman, Laurie Feldman, Bridget Ohmes, Mary Ann Ohms, and Ron Stivison requested to be added as sponsors. Passed “Aye”: Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, and Beckering “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Resolution 12-19  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 10765 An Ordinance Authorizing an Agreement with the City of St. Charles, Missouri and Local Number 148, AFL-CIO Operating Engineers for the period from January 1, 2012 through December 31, 2014 (Sponsors: All Members of the City Council) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Ordinance 12-104 Bill 10766 An Ordinance Authorizing an Intergovernmental Cooperation Agreement By and Between St. Charles County, City of St. Charles and the Missouri Internet Crimes Against Children (ICAC) Task Force to Apprehend and Prosecute Internet Sexual Predators Who Exploit Children Through the Use of Computer Technology (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Ordinance 12-105 Bill 10767 An Ordinance Authorizing a State and Local Task Force Agreement (St. Louis Task Force Group One) Between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri for Reimbursement of Overtime Expenses Related to a Joint Operation Conducted by DEA for the Period of May 18, 2012 Through May 18, 2014 (Sponsor: Michael Klinghammer) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Ordinance 12-106 Bill 10768 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and the Lincoln County Sheriff’s Department to Furnish, Deliver and Provide Housing for Prisoners of the St. Charles Municipal Court in an Amount Not to Exceed $10,000.00 (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Ordinance 12-107 Bill 10769 An Ordinance Authorizing a Contract with Ford Asphalt Company, Inc. for the Annual Overlay Project 2012 in an Amount Not to Exceed $1,175,000.00 (Sponsors: Mary Ann Ohms, Tom Besselman, Dave Beckering, and Ron Stivison) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 20, 2012 and is known as Ordinance 12-108 Bill 10770 (Supplemental RCA) An Ordinance Authorizing Change Order Number 1 to the Contract with R.V. Wagner, Inc., for the Road Improvement Project for South Main Street Between Reservoir Avenue and Boone’s Lick Road in an Amount of $609,494.07, for a Total Amount Not to Exceed $1,715,476.32 (Sponsors: Tom Besselman and Michael Klinghammer) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-109 Bill 10771 An Ordinance Amending Chapter 500 of the Code of Ordinances by Amending Section 500.280 to Enact a Fee for a Home Energy Audit (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-110 Bill 10772 (Tabled) An Ordinance Vacating Right Of Way And City Utility Easements In A Tract Of Land Being Part Of West Highlands, a Subdivision and Wilmes & Trendley’s Subdivision of The Cunningham Farm, Block 6 of The Steen & Cunningham’s Survey of the St. Charles Commons; and Authorizing and Providing for Continuing Authority to Execute All Documents Necessary to Vacate Said Right of Way and Easements (Sponsors: Michael Klinghammer, Mary Ann Ohms, and Mary West) Councilmember Michael Klinghammer requested to table Council Bill 10772.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ Bill 10773 An Ordinance Approving the Second Amended and Restated Petition to the City of St. Charles, Missouri, for the Creation of The West Clay Extension Community Improvement District Submitted by Certain Real Property Owners within the Proposed District; Establishing The West Clay Extension Community Improvement District as a Political Subdivision of the State Of Missouri; Confirming the Prior Determination that The West Clay Extension Community Improvement District is a Blighted Area; Finding a Public Purpose for the Establishment of The West Clay Extension Community Improvement District, Directing the City Clerk to Notify the Missouri Department Of Economic Development of the Creation of The West Clay Extension Community Improvement District; and Containing a Severability Clause (Sponsors: Michael Klinghammer, Mary Ann Ohms, and Mary West) Councilmember Tom Bessleman requested a separate vote on Council Bill 10773. A separate vote was taken on Council Bill 10773, with the following results: Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Feldman “Nay”: Besselman Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-111 Bill 10774 An Ordinance Amending Ordinance Number 10-289 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2011 (Budget Amendment #6) (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-112 Bill 10775 (Supplemental RCA) An Ordinance Authorizing Change Order Number 3 to the Contract with KCI Construction Company for the Construction of the Boschertown Sanitary Lift Station Project in an Amount of $515,000, for a Total Amount Not to Exceed $4,194,488 (Sponsors: Mary Ann Ohms and Michael Klinghammer) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-113  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ Bill 10776 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with Phase Two-A Improvements of the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Beckering and Besselman “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on June 21, 2012 and is known as Ordinance 12-114 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10777 An Ordinance Amending Chapter 355 of the Code of Ordinances by Creating a New Section to be Known as Section 355.065 Pertaining to Vision Reducing Material Applied to Windshields or Windows (Sponsor: Ron Stivison) Bill 10778 An Ordinance Authorizing a User Agency Agreement By and Between the Missouri State Highway Patrol and the City of St. Charles for Access to the Missouri Statewide Criminal Justice Information Systems (CJIS) (Sponsor: Mary West) Bill 10779 An Ordinance Granting to AmerenUE an Easement Located at the Northwest Quadrant of the Intersection of Riverside Drive and Monroe Street and an Easement Located at the East Side of Riverside Drive for the Purpose of Installation, Operation and Maintenance of Utility Lines (Sponsor: Mary Ann Ohms) Bill 10780 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Three- E, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Michael Klinghammer) Bill 10781 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the St. Charles Avenue Storm Sewer Extension Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Tom Besselman and Michael Klinghammer) Bill 10782 An Ordinance of the City of Saint Charles, Missouri, Calling an Election for November 6, 2012 Upon Whether the City of St. Charles May Enact an Ordinance Levying and Imposing Annually a Fee Not to Exceed Twelve Dollars Per Year for the Repair of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ Water Service Lines on Residential Property Having Four or Fewer Dwelling Units (Sponsor: Michael Klinghammer) Bill 10783 An Ordinance Authorizing the Vacation of a Utility Easement Located on Lot 10B of Blanchette Business Centre Phase II Resubdivison Plat One (Sponsors: Mary West and Michael Klinghammer) Bill 10784 An Ordinance Amending the Development Plan and Regulating Plan for the Plaza at Noah’s Ark Project (Streets of St. Charles) at 1500 South Fifth Street Within the PD-MU Planned Development-Multi Use District (Sponsor: Laurie Feldman) Bill 10785 An Ordinance Authorizing Amendment No. 5 to the Contract with Cunningham, Vogel & Rost, P.C. to Provide Special Legal Services for the Streets of St. Charles at Noah’s Ark Project in an Amount of $15,000.00, for a Total Contract Amount Not to Exceed $127,000.00 (Sponsor: Laurie Feldman) Bill 10786 An Ordinance Authorizing an Easement Encroachment License Agreement with Parc Forest Owners Association for the Construction and Maintenance of a Retaining Wall and Two Supported Wood Decks on the Easement Located at or Near 502 Parc Forest Trail (Sponsors: Mary West and Michael Klinghammer) CONSENT AGENDA Councilmember Bridget Ohmes requested to remove agenda item 10B2di, Motion to approve the use of brick pavers in the medians on the South Fifth Street CMAQ Project with concrete base with one test area of aggregate base and include a specification for paver installation, from the consent agenda and hold for further discussion at a future meeting. A motion was made by JERRY REESE to approve the balance of the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman, and Klinghammer. “Nay”: None. Absent: Weller, and West. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of May 22, 2012 2. Public Hearing of May 22, 2012 File #47844 3. Regular Council Meeting of June 5, 2012 4. Public Hearing of June 5, 2012 File #47845  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ 5. Special Council Meeting of June 12, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of May 22, 2012 File #47730 b. Council Work Session of June 5, 2012 File #47730 c. Council Work Session of June 12, 2012 File #47730 d. Street Committee Meeting of June 12, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of May 22, 2012 i. Motion to excuse the absence of Council Members Michael Klinghammer and Michael Weller ii. Motion to approve the following appointments to Council Committees, assignments of Council Liaisons and deletions of Council Committees as discussed b. Council Work Session of June 5, 2012 (none) c. Council Work Session of June 12, 2012 d. Street Committee Meeting of June 12, 2012 i. Motion to approve the use of brick pavers in the medians on the South Fifth Street CMAQ Project with concrete base with one test area of aggregate base and include a specification for paver installation ii. Motion to approve the installation of rumble strips on New Town Blvd. and on the south side of Little Hills Expressway iii. Consensus of the committee that staff move forward and prepare a bill for introduction to the full council to reduce the speed limit on Boschertown Road, listing all members of the Street Committee as sponsors, and move forward with the installation of pedestrian warning signs on Boschertown Road. iv. Motion to approve staff recommendation of approval of a Gateway Bik Plan Resolution with the appropriate legal language that gives the City flexibility v. Motion to approve staff recommendation to install a streetlight on Hollowbrook Drive at Old Hwy 94  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ C. Receipt of Reports from Boards, Commissions or Committees 1. Special Business District Advisory Board Meeting of May 3, 2012 a. Motion to accept the budget report b. Motion to approve up to $3,000.00 for planting behind the statue in Daniel Boone Park c. Motion opposing a change to the tourism tax File #47737 2. Economic Development Commission Meeting of May 3, 2012 File #47765 3. Board of Public Works Meeting of April 9, 2012 a. Motion to recommend entering into an Easement Encroachment License with Christopher Martin, 179 Kunze b. Motion to recommend acceptance of the Sanitary Sewer Easement Vacation on Lot 121 of Block 15 of Blanchette Hills Addition Subdivision c. Motion to negotiating with EFK Moen, LLC for the St. Charles Avenue Storm Sewer Extension Project d. Motion to recommend entering Supplemental Agreement #9 with Kolb Grading, LLC for the Pearl Ridge Storm Sewer Extension Project e. Motion to recommend the Home Owners Association take over the operations and maintenance of the Pearl Ridge Storm Water Lift Station f. Motion to recommend approval of the Joint Venture Water Agreement with St. Louis City File #47771 4. Convention Center Oversight Subcommittee Meeting of February 6, 2012 File #47741 5. Convention Center Oversight Subcommittee Meeting of February 27, 2012 a. Consensus of the Committee to include sealing all the lots after the proposed repairs are made to Lots C & D and part of the front lots File #47741 6. Convention Center Oversight Subcommittee Meeting of April 2, 2012 a. Motion to approve the 2011 Audit as presented File #47741 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Position(s) in Fire Department File #47846  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ 2. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – May 2012 File #47743 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Amendment #2 to Contract with Lewis, Rice, Fingersh, L.C. through Attorney Neal Perryman for Legal Services Related to Labor Negotiations with Local 148 of the International Union of Operating Engineers in an Amount of $10,000.00 for a Total Amount Not to Exceed $50,000.00 C11-448 2. Amendment #1 to Contract with Gilmore & Bell to Provide Special Counsel and Bond Counsel Services Regarding the Lindenwood University Village Project in an Amount of 24,334.68 for a Total Amount Not to Exceed $49,334.68 C11-444 3. Amendment #2 to Contract with Development Strategies for Additional Consulting Services needed to Provide a Redevelopment Study for the Area Located Across First Capitol Drive from Lindenwood University in an Amount of $665.57 for a Total Amount Not to Exceed $40,665.57 C11-323 F. Preliminary Plats (none) G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited During the Month of May 2012 File #47746 2. Approval of Liquor License Application for Gregory O’Toole dba: Darby O’Toole, Located at 2731 Veteran’s Memorial Parkway File #47725 3. Approval of Liquor License Application for Donna Mae Glenn dba: Cecil Whittaker’s Pizza, Located at 2418 B West Clay File #47725 4. Approval of Liquor License Application for Dustin English dba: Field Box St. Charles, Located at 3721 Mexico Road File #47725 5. Receipt of May Investment Report File #47847 6. Approval of Home Improvement Loans File 47842  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 19, 2012 ______________________________________________________________________________ ITEMS REMOVED FROM CONSENT AGENDA Councilmember Bridget Ohmes requested to remove agenda item 10B2di, Motion to approve the use of brick pavers in the medians on the South Fifth Street CMAQ Project with concrete base with one test area of aggregate base and include a specification for paver installation, from the consent agenda and hold for further discussion at a future meeting. REPORT OF THE MAYOR A motion was made by DAVE BECKERING to approve the following appointment to Boards and Commissions as presented by the Honorable Mayor Sally A. Faith: Economic Development Commission Appointment of Jeff Marion for a three-year term ending in June, 2015 RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Beckering, Besselman, Feldman, Klinghammer, and Ohmes. “Nay”: None. Absent: Weller and West. Motion passed. File # 47848 The Honorable Mayor Sally A. Faith announced upcoming events in the City of St. Charles, Missouri. Interim Police Chief Larry Stulce provided information relative to street closures for the 2012 Riverfest Celebration to be held in the City of St. Charles on July 4, 2012. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council Member Tom Besselman announced the re-opening of Alice’s Tea Room located at 329 S. Main Street the week of July 2, 2012. Council Member Michael Klinghammer inquired to City Attorney Michael Valenti, the dates and times city residents can purchase and discharge fireworks in the City of St. Charles. City Attorney Michael Valenti announced that firework sales begin in the City of St. Charles on June 25 and end on July 5. Fireworks may be discharged between the hours of 12:00 p.m. and 11:00 p.m. on July 3 and 4 only. APPROVAL OF CLOSED MINUTES MICHAEL KLINGHAMMER made a motion to approve the following Closed Minutes: A. Council Work Session of April 17, 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); 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 June 19, 2012 ______________________________________________________________________________ B. Council Work Session of May 1, 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); 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) C. Regular Session of May 1, 2012 relative to relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2; and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) DAVE BECKERING seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, Stivison, Beckering, Besselman, Feldman, Klinghammer, Ohmes, and Ohms. “Nay”: None. Absent: Weller and West. Motion passed. The Regular Council Meeting was adjourned at 7:45 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer