City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 10, 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, Ron Stivison, Michael Weller, and Mary West. Absent: None. City Clerk Laura L. Whitehead was present and performed the duties of that office. File #47729 The Honorable Sally A. Faith announced the recent passing of former Fire Chief Ed Underwood. The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. PUBLIC HEARINGS/ADMINISTRATIVE HEARINGS The President of the Council Laurie Feldman 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/ADMINSTRATIVE HEARINGS 1. Case No. CU-17-12 (Jessica Bowman). 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 a used vehicles sales business in conjunction with an existing repair business at 403 Droste Road. The subject property is 0.62 acres and is located in Ward 9 (RCA Attached) 2. Case No. Z-06-12 (City of St. Charles) An application to annex and rezone a parcel of land along the east side of South Main Street and south of Interstate 70. The lot is approximately 0.22 acres of land known as 1420 South Main Street – Parcel #1(a portion of Parcel ID: 6-014D-3280-00- 0016.0000000) from St. Charles County C-2 General Commercial District to City of St. Charles C-2 General Business District. The property will be located in Ward 3 upon annexation (Council Bill 10792) 3. Case No. DR-05-12 (Planning and Zoning Commission) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.990(F) to clarify the sixty (60) day timeframe of review and approval for applications submitted to the Planning and Zoning Commission (Council Bill 10788) 4. Case No. DR-07-12 (Planning and Zoning Commission) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.310(K) to revise the requirements for parking sticker placement relative to the RPPD Residential Parking Permit District (Council Bill 10787)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ B. ADMINISTRATIVE HEARING 1. Appeal of a Decision of the Landmarks Board to Deny a Request for White Vinyl Replacement Windows on the Second Floor of the Main Façade at 204 North Main Street PUBLIC COMMENT RELATIVE TO CITY ISSUES Owen Peters, 729 Apricot, St. Charles, Missouri, voiced concerns relative to the fire department. BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-115 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-116 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-117  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-118 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-119 Bill 10782 (Amended) 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 Water Service Lines on Residential Property Having Four or Fewer Dwelling Units (Sponsor: Michael Klinghammer) MICHAEL KLINGHAMMER made a motion to amend Council Bill 10782 to change the text of the ballot proposal for the residential water line repair program by deleting the words “water main” and inserting the words “water meter.” DAVE BECKERING seconded the motion. All voted in favor. Motion passed. 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-120  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ Bill 10784 (Held) 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) Council Member Dave Beckering voiced concern relative to not receiving any data on the residential and commercial square footage reductions; and inquired as to the changes in the tax base due to this amendment. It was the consensus of the Council this information is provided prior to final passage of Council Bill 10784. Council President Laurie Feldman requested to hold Council Bill 10784 until the data requested by Council Member Dave Beckering is received. 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-121 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) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 12, 2012 and is known as Ordinance 12-122 BILLS FOR INTRODUCTION The following Council Bills were introduced, with the exception of Council Bill 10793 which was withdrawn by Council Member Jerry Reese and Council Bills 10794 and 10795 which were withdrawn by Council President Laurie Feldman. Bill 10787 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.310 Pertaining to Display of Residential Parking Permits (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ Bill 10788 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.990 Pertaining to Planning and Zoning Commission Applications (Sponsor: Mary Ann Ohms) Bill 10789 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Old Friedens Road Sidewalk Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Laurie Feldman) Bill 10790 An Ordinance Authorizing the Mayor and City Clerk to Execute a Fee Simple Deed (The Debbie Moore Trust Dated August 5, 2011 and The Rosenkoetter Living Trust Dated March 14, 2002 and Any Amendments Thereto – 3005 Hawning) (Sponsor: Michael Klinghammer) Bill 10791 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 Approximately 0.22 Acres of Land Located Along South Main Street, South of Interstate 70 and East of South Main Street (1420 South Main Street) (Sponsor: Laurie Feldman) Bill 10792 An Ordinance Rezoning to City Zoning District C-2 (General Business District) from County Zoning District C-2 (General Commercial District) Approximately 0.22 Acres of Land Known as 1420 South Main Street - Parcel #1(a Portion of Parcel ID 6-014D- 3280-00-0016.0000000) (Sponsor: Laurie Feldman) Bill 10793 (Withdrawn) An Ordinance Calling a General Obligation Bond Election in the City of Saint Charles, Missouri, for the Purpose of Issuing up to $8,300,000 General Obligation Bonds for the Purpose of Constructing, Furnishing and Equipping a New Public Works Facility; Designating the Time of Holding Said Election; and Authorizing and Directing the City Clerk to Give Notice of Said Election (Sponsors: Mary Ann Ohms, Tom Besselman, Bridget Ohmes and Jerry Reese) Director of Administration reported Council Members have voiced concern relative to the general obligation bond dollar amount and the scope of project; and recommended forwarding Council Bill 10793 to the July 17, 2012 Council Work Session. Discussion was held relative to the ballot language if it is determined to reduce the dollar amount of the project. After further discussion, JERRY REESE made a motion to withdraw Council Bill 10793. DAVE BECKERING seconded the motion. All voted in favor, motion passed. File #47849  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ Bill 10794 (Withdrawn) An Ordinance Calling a General Obligation Bond Election in the City of Saint Charles, Missouri, for the Purpose of Issuing up to $3,300,000 General Obligation Bonds for the Purpose of Repairing and Renovating the City Hall Parking Garage; Designating the Time of Holding Said Election; and Authorizing and Directing the City Clerk to Give Notice of Said Election (Sponsor: Laurie Feldman) Director of Administration reported Council Members have voiced concern relative to the general obligation bond dollar amount and the scope of project; and recommended forwarding Council Bill 10794 to the July 17, 2012 Council Work Session. Discussion was held relative to the ballot language if it is determined to reduce the dollar amount of the project. After further discussion, LAURIE FELDMAN made a motion to withdraw Council Bill 10794. MICHAEL KLINGHAMMER seconded the motion. All voted in favor, motion passed. File #47850 Bill 10795 (Withdrawn) An Ordinance Calling a General Obligation Bond Election in the City of Saint Charles, Missouri, for the Purpose of Issuing up to $4,100,000 General Obligation Bonds for the Purpose of Constructing, Furnishing and Equipping a New Fire Station and Public Safety Facility; Designating the Time of Holding Said Election; and Authorizing and Directing the City Clerk to Give Notice of Said Election (Sponsor: Laurie Feldman) Director of Administration reported Council Members have voiced concern relative to the general obligation bond dollar amount and the scope of project; and recommended forwarding Council Bill 10795 to the July 17, 2012 Council Work Session. Discussion was held relative to the ballot language if it is determined to reduce the dollar amount of the project. After further discussion, LAURIE FELDMAN made a motion to withdraw Council Bill 10794. MICHAEL KLINGHAMMER seconded the motion. All voted in favor, motion passed. File # 47851 Bill 10796 An Ordinance Amending Chapter 215 of the Code of Ordinances by Adding a New Section, to be known as Section 215.635, Pertaining to Interference With Law Enforcement Officers (Sponsor: Ron Stivison) Interim Police Chief Larry Stulce provided an overview of Council Bill 10796. Bill 10797 An Ordinance Amending Section 200.050 of the Code of Ordinances Pertaining to Restrictions on Use of Police Department Dedicated Vehicles (Sponsor: Ron Stivison) Interim Police Chief Larry Stulce provided an overview of Council Bill 10797. Discussion was held relative to number of vehicles, number of officers, setting an outside city limit perimeter,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ and requiring future SRT members to live within the city limits. It was the consensus of the council to forward this item to the July 17, 2012 Council Work Session for further discussion. Bill 10798 An Ordinance Approving the Record Plat for The Dreher Subdivision at Muegge Road, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Bill 10799 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Fire Station 4 (Boschertown Road) Sanitary Sewer Extension Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Michael Klinghammer) CONSENT AGENDA A motion was made by MARY ANN OHMS to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, and West. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of June 19, 2012 2. Public Hearing of June 19, 2012 File #47852 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Facility Design Task Force Meeting of June 19, 2012 File #47769 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Facility Design Task Force Meeting of June 19, 2012 Consensus of the committee to change the name of the Street Facility Design Task Force to Public Works Facility Design Task Force b. Motion to recommend establishing a project budget up to $8,000,000 for the purpose of issuing General Obligation Bonds to construct, furnish, and equip a new Public Works facility and submitting the ordinance and notice of bond election to the City Council for approval C. Receipt of Reports from Boards, Commissions or Committees 1. Fair Housing Commission Meeting of January 19, 2012 File #47782  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ 2. Convention & Visitors Commission Meeting of February 23, 2012 File #47783 3. Convention & Visitors Commission Meeting of March 22, 2012 File # 47783 4. Convention & Visitors Commission Meeting of May 24, 2012 a. Motion to approve the financial reports for February, Mary and April 2012 b. Motion to approve the following advertising items: i. Community News; $18,846.00 ii. Convention Center-MPI One+; $2,306.00 iii. Metromedia-Mobile App; $1,000.00 iv. Group Travel Leader; $1,700.00 v. Sports Event Magazine-Listing; $95.00 vi. MSAE – Four ½ Page Ads (from April); $1,400.00 vii. MSAE Directory 7 ½ x 10 ¼ (from April) GRANTS SPRING CAMPAIGN; $750.00 viii. WICS-TV SPRINGFIELD-Decatur, 62 Spots; $15,000.00 ix. KHQA-TV Quincy, 133 spots; $7,500.00 x. KFVS-TV Paducah/Cape Girardeau, 150 spots; $11,000.00 xi. KOLR-TV, Springfield, MO, 101 spots; $11,000.00 xii. QUARTERLY REPORT xiii. Bank Travel Management-July/August-full page; $2,358.75 xiv. Show Me Missouri-Summer-full page; $1,100.00 File #47783 5. Senior Citizen Advisory Commission Meeting of April 17, 2012 File #47781 6. Board of Public Works Meeting of May 7, 2012 a. Motion to recommend approval of the contract with Heggemann, Inc. for the Sandfort Creek Lift Station Flow Meter and Rain Gauge in an amount not to exceed $50,823.00 b. Motion to recommend authorization to enter into Supplemental Agreement #3 with Jacobs Civil for the Elm Point Water Plant Improvements Project in an amount not to exceed $12,300.00 c. Motion to add the following information to the Field Engineered/Inter-Divisional (FE/ID) Stormwater Projects outline: Criteria for scoring and add another column for how long the project has been on the list d. Motion to make the appropriate changes to the minutes of the Closed Session of April 9, 2012 and bring back to Board at the next meeting File #47771  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ 7. Landmarks Board Meeting of May 14, 2012 File #47770 8. Citizens with Disabilities Advisory Board Meeting of April 25, 2012 File #47836 9. Citizens with Disabilities Advisory Board Meeting of May 23, 2012 File #47836 10. Board of Adjustment Meeting of June 11, 2012 File #47740 11. Planning and Zoning Commission Meeting of May 21, 2012 File #47784 D. Receipt of Reports of the Director of Administration Fire Chief Ernie Rhodes provided an update relative to the weather conditions during the 4th of July holiday and the decisions made by city officials to go ahead with the annual city-sponsored fireworks display given they are discharged from a barge on the Missouri river; and not banning fireworks in local neighborhoods since no red flag warnings were issued. Chief Rhodes also provided the following 10 year (2003-2012) report of fire-related incidents caused by fireworks during the July 4th holidays: 2003 – 3 incidents 2004 – 3 incidents 2005 – 13 incidents 2006 – 6 incidents 2007 – 2 incidents 2008 – 1 incident 2009 – 0 incidents 2010 – 1 incident 2011 – 2 incidents And current year (2012) – 9 incidents Director of Public Works Debra Aylsworth reported the City continues its voluntary water conservation request; and will issue a release once the voluntary water conservation request has been lifted. File #47837 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Supplemental Agreement No. 1 with SCI Engineering, Inc. for Additional Construction Testing Services in an Amount Not to Exceed $18,000.00 for at Total Contract Amount Not to Exceed $46,000.00 Councilmember Michael Klinghammer voiced concern relative to the contract increase of more than 65%. City Engineer Kevin Corwin reported the increase is due to additional projects and the New World billing process. C12-175 F. Preliminary Plats 1. Approval of The Dreher Subdivision at Muegge Road  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ File #47853 G. Miscellaneous 1. Approval of Home Improvement Loans File #47842 2. Approval of Liquor License Application for Arthur Genasci, d/b/a: Nick’s Pub, Located at 2865 Veteran’s Memorial Parkway Council Member Jerry Reese introduced the owner’s and welcomed them to the City of St. Charles, Missouri. File #47725 3. Approval of an On-Premise Electronic Message Sign at 2700 South St. Peters Parkway File #47854 REPORT OF THE MAYOR The Honorable Sally A. Faith thanked everyone who organized and supported this year’s Riverfest Event. The Honorable Sally A. Faith announced upcoming city events, the hours and location of the Farmer’s Market, the St. Charles County Fair Event, and upcoming events at the Family Arena. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council President Laurie Feldman announced upcoming events at the Foundry Art Center and the C.O.P.S Camp taking place this week at Mueller Soccer Park. Council Member Michael Weller stated overall the residents discharging fireworks were down considerably this year. TABLED BILLS/PUBLIC HEARINGS Bill 10772 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) (Tabled at the June 19, 2012 Regular Council Meeting) No action taken on Tabled Bill 10772. The Regular Council Meeting was adjourned at 8:24 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 10, 2012 ______________________________________________________________________________ ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer