City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 24, 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, and Mary West. Absent: Weller. 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 Council Member Michael Weller. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. AWARDS/PROCLAMATIONS/PRESENTATIONS Retirement Recognition of Mark Echele (Fire Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Mark Echele for his years of service with the Fire Department. Fire Chief Ernie Rhodes gave a biography of the employment of Mark Echele. RESOLUTIONS A Resolution Supporting the Great Rivers Greenway Regional Gateway Bike Plan (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Tom Besselman) All members of the City Council requested that their names be added as sponsors. Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, and West “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Resolution 12-21 A Resolution Memorializing Discussion of the New Fire Station Number 4 and Public Safety Facility at the City Council Work Session on July 17, 2012 (Sponsor: Dave Beckering) All members of the City Council requested that their names be added as sponsors. Passed “Aye”: Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Resolution 12-22  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 10782 (Substitute Bill No. 1) 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-123 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) Council Member Tom Besselman requested a separate vote on Council Bill 10784. A separate vote was taken on Council Bill 10784, with the following results: Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering and Feldman “Nay”: Besselman Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-124 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-125 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) Council Member Tom Besselman requested a separate vote on Council Bill 10788. A separate vote was taken on Council Bill 10788, with the following results: Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Feldman, and Klinghammer  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ “Nay”: Besselman Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-126 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-127 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-128 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-129 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-130 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-131 Bill 10797 (To be Withdrawn) An Ordinance Amending Section 200.050 of the Code of Ordinances Pertaining to Restrictions on Use of Police Department Dedicated Vehicles (Sponsor: Ron Stivison) Council Bill 10797 was withdrawn by sponsor Ron Stivison. File #47855 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-132 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-133  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ Bill 10800 An Ordinance Authorizing Change Order Number 3 to the Contract with Karrenbrock Construction Inc., for the South Main Street Roadway Improvement Project in an Amount of $114,499.10, for a Total Contract Amount Not to Exceed $1,500,887.35 (Sponsor:Laurie Feldman) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-134 Bill 10801 An Ordinance Authorizing Change Order Number 4 to the Contract with Karrenbrock Construction Inc., for the South Main Street Roadway Improvement Project in an Amount up to $50,000.00, for a Total Contract Amount Not to Exceed $1,550,887.35 (Sponsor: Laurie Feldman) Council Member Tom Besselman requested a separate vote on Council Bill 10801. A separate vote was taken on Council Bill 10801, with the following results: Passed “Aye”: Ohms, Reese, Stivison, West, Beckering, Feldman, Klinghammer, Ohmes “Nay”: Besselman Absent: Weller Approved by the Honorable Mayor on July 25, 2012 and is known as Ordinance 12-135 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10802 An Ordinance Amending Schedule III, Table III-A of Chapter 300 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion of Montclair Tower Drive (Sponsor: Laurie Feldman) Bill 10803 An Ordinance Authorizing an Easement Encroachment License Agreement with Kevin McBride for the Construction and Maintenance of a Deck on a Permanent Utility Easement Located at or Near 3456 Covington Parkway Avenue (Sponsor: Jerry Reese) Bill 10804 An Ordinance Authorizing a Right-of-Way Encroachment License with SAAB Auto Sales and Leasing, Inc. d/b/a American Realty & Development for the Construction and Maintenance of Signage on the Right of Way Located at or Near the Corner of Fifth Street & Boones Lick Road (Sponsors: Laurie Feldman, Mary Ann Ohms, Tom Besselman, Jerry Reese, Ron Stivison, and Bridget Ohmes)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ Bill 10805 An Ordinance Repealing Section 2 of Ordinance Number 12-30 and Enacting a New Section 2 Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2012 Mosaics Festival (Sponsors: Ron Stivison and Mary Ann Ohms) Bill 10806 An Ordinance Authorizing Acceptance of the Sanitary Sewers, Water Mains and Sanitary Lift Station and Their Appurtenances at the Manors of Wynnebrooke and Authorizing Release of Security Related Thereto (Sponsor: Michael Klinghammer) Bill 10807 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) All members of the City Council requested that their names be added as sponsors. Bill 10808 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) All members of the City Council requested that their names be added as sponsors. Bill 10809 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) All members of the City Council requested that their names be added as sponsors. Bill 10810 An Ordinance Amending Section 200.050 of the Code of Ordinances Pertaining to Restrictions on Use of Police Department Dedicated Vehicles (Sponsor: Ron Stivison) Bill 10811 An Ordinance Repealing Ordinance 11-143 and Enacting a New Ordinance Approving the Record Plat for Streets of St. Charles Amended Plat Three, a Subdivision of the City  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ of Saint Charles, Missouri (Sponsor: Laurie Feldman) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, and Ohms. “Nay”: None. Absent: Weller. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of July 10, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of July 10, 2012 File #47730 b. Street Committee Meeting of July 10, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of July 10, 2012 (none) b. Street Committee Meeting of July 10, 2012 i. Motion to proceed with project as planned and continue to work with the parties involved (Cullinan Properties, QuikTrip, MoDot and Ameren) to come to an agreement to facilitate the undergrounding of utilities ii. Motion to accept staff recommendation and grant a Right of Way Encroachment License for Dunkin Donuts at 530 Boone’s Lick Road iii. Motion to accept staff recommendation and prohibit on- street parking on the west side on Montclair Tower Drive from the southern curb line of Friedens Road south 130’ to the northern curb line of Le Beau Lane C. Receipt of Reports from Boards, Commissions or Committees 1. Board of Public Works Meeting of June 11, 2012 a. Motion to recommend waiving the fire hydrant permit fee for the next 5 years for the Festival of the Little Hills b. Motion to recommend approval of the Water Service Repair Program Ballot Proposition c. Motion to recommend approval of Change Order #1 for the S. Main Street Improvements Project – Water Main Relocation d. Motion to negotiate with KCI on the cost of hauling and removal of the sludge at the Boschertown Lagoon up to $75 per ton. If negotiations fail, then recommend rebidding the remainder.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ e. Motion to recommend authorization to acquire easements required for the St. Charles Avenue Storm Sewer Extension Project f. Motion to recommend approval of vacation of the existing easement at Patterson Mold & Tool g. Motion to recommend approval of the proposed easement encroachment license File #47771 2. Senior Citizen Advisory Commission of May 15, 2012 a. Motion to invite a representative of the MO Veterans Commission to address this Commission in the November meeting File #47781 3. Senior Citizen Advisory Commission of June 19, 2012 a. Motion to respectfully decline both invitations File #47781 D. Receipt of Reports of the Director of Administration 1. Request to Fill Vacant Position in Police Department File #47856 2. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – June 2012 File #47743 3. Authorization 2012 Sanitary Flow Metering Project Summary a. Authorization to negotiate an engineering services contract for the 2012 Sanitary Flow Metering Project for Basin 5 b. Authorization to negotiate an engineering services contract for the 2012 Sanitary Flow Metering Project for Basin 14 c. Authorization to negotiate an engineering services contract for the 2012 Sanitary Flow Metering Project for Basin 15 File #47857 4. Authorization to Negotiate an Engineering Services Contract for the Riverview Lift Station Design File #47858 5. Authorization to Fill Vacant Position in the Street Division within the Department of Public Works File #47859 6. Request Authorization to enter into a Contract for an Additional Project Manager within the Department of Public Works for an Amount Not to Exceed $40,000.00 File #47860  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Sprint Solutions, Inc. for City-Wide Mobile Broadband Services (August 1, 2012-July 31, 2013) in an Amount Not to Exceed $45,225.60 C12-375 F. Preliminary Plats G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited During the Month of June 2012 File #47746 2. Receipt of June Investment Report File #47847 3. Liquor License Application for Andrew Woodson, d/b/a: Big Woody’s BBQ, located at 1821 Zumbehl Road File #47725 4. Liquor License Application for Patrick Kehm, d/b/a: Plato Kebab House & Ouzaria, located at 140 North Main Street File #47725 5. Limited Waiver of Completion Dates for Infrastructure and Site Improvements for the Streets of St. Charles at Noah’s Ark File #47861 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: Audit Committee • Appointment of Paul Middeke for a 3-year term ending in July, 2015 • Appointment of Mike Klinghammer for a 3-year term ending in July, 2015 • Appointment of Dave Beckering for a 3-year term ending in July, 2015 Board of Public Works • Reappointment of Ted Glosier for a 3-year term ending in June, 2015 Citizens with Disabilities Advisory Board • Reappointment of David Heusing for a 3-year term ending in November, 2014 • Reappointment of Dr. Michaele Penkoske for a 3-year term in November, 2014 • Appointment of Julie Chirm for a 3-year term ending in July, 2015  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ Cemetery • Reappointment of Nancy Paul for a 3-year term ending in March, 2015 • Reappointment of Jeaneanne Niggemeier for a 3-year term ending in March, 2015 Convention Visitors Commission • Reappointment of Scott Newcomer for a 3·year term ending in April, 2015 • Appointment of Jack Borgmeyer for a 3-year term ending in July, 2015 Economic Development Commission • Reappointment of Dale Polosky for a 3-year term ending in February, 2015 Digital Media Commission • Reappointment of Bill Gaines for a 3-year term ending in December, 2014 Fair Housing • Appointment of David Kramer for a 3-year term ending in July, 2015 • Appointment of Sandy Bichel for a 3-year term ending in July, 2015 Parks and Recreation Board • Appointment of Michael Ryan for a 3~year term ending in July, 2015 • Reappointment of Thomas Smith, Ir. for a 3-year term ending in May, 2015 • Reappointment of Katherine Mudrovic for a 3·year term ending in May, 2015 • Reappointment of Valerie Lanning for a 3-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, Beckering, Besselman, Feldman, Klinghammer, and Ohmes. “Nay”: None. Absent: Weller and West. Motion passed. File # 47829 The Honorable Sally A. Faith thanked the citizens for their support in conserving water during this time of drought and announced upcoming city events. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council Member Jerry Reese announced the upcoming Senior Fair to be held on August 7, 2012 at the St. Charles Convention Center from 9:00 a.m. to 2:00 p.m. Council Member Jerry Reese asked citizens to please continue to conserve water during this time. Council Vice-President Bridget Ohmes welcomed The Art Institute and Five Guys Burgers and Fries to the Streets of St. Charles, and reminded everyone that the St. Charles County Municipal League meeting will be held on Tuesday, July 31, 2012 at the St. Charles County Extension Center on Brown Rd.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 24, 2012 ______________________________________________________________________________ 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) A motion was made by MICHAEL KLINGHAMMER to remove Council Bill 10772 from the Table. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. The Regular Council Meeting was adjourned at 7:45 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer