City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, August 7, 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: 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. Council President Laurie Feldman also requested everyone to take a moment of silence to reflect on the life and service of St. Louis Alderman, Gregory Carter, who was killed in an automobile accident this past week. PUBLIC HEARINGS The President of the Council Laurie Feldman announced that the following Public Hearings would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Case No. Z-18-07. An application to amend the previously approved Development Plan and Regulating Plan for the multi-family/condominium portion of the Fountainview Subdivision, south of Muegge Road and west of Fountainview Drive, within the PD-MU Planned Development-Multi Use District. Specifically, to amend the site layout and design for one-hundred forty-four (144) condominium units currently approved for the property (Tabled at the July 23, 2012 Planning & Zoning Commission Meeting; therefore the Public Hearing should be tabled until September 4, 2012) (RCA Attached) B. Case No. CU-18-12. An application for a Conditional Use Permit from §400.240(C)(1)(a) for the cultivation of field crops (red clover) within the I-2 Heavy Industrial District on a vacant parcel located at 1 Elm Point Industrial Road (RCA Attached) C. Case No. CU-19-12. An application for a Conditional Use Permit from §400.220(C)(1)(g) for Secondhand Sales within the C-2 General Business District, specifically to permit a resale and consignment store at 301 Droste Road (RCA Attached) D. Case No. CU-20-12. An application for a Conditional Use Permit from §400.240(C)(1)(a) for a stand-alone parking lot within the I-1 Light Industrial District, specifically to develop a vacant gravel lot for use as a parking lot located immediately west of 531 Little Hills Industrial Boulevard (RCA Attached) E. Case No. CU-21-12. An application for a Conditional Use Permit from §400.480(C) for a Temporary Retail Sales Use within the C-3 Highway Business  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ District, specifically to permit the placement of a temporary sales tent within the parking lot at 2620 Muegge Road (RCA Attached) F. Case No. CU-22-12. An application for a Conditional Use Permit from §400.240(C)(1)(a) for an Automotive Detailing use within the I-1 Light Industrial District, specifically to permit a car detailing business at 1835 Scherer Parkway (RCA Attached) AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Checks to Grant Recipients Volunteers In Medicine, Inc. Presentation of check was made by Councilmember Dave Beckering to grant recipient Volunteers In Medicine, Inc. in the amount of $6,000.00; and a brief description was given explaining the functions of the organization. Community Living, Inc. Presentation of check was made by Councilmember Mary Ann Ohms to grant recipient Community Living, Inc. in the amount of $800.00; and a brief description was given explaining the functions of the organization. Sts. Joachim & Ann Care Service. Presentation of check was made by Councilmember Dave Beckering to grant recipient Sts. Joachim & Ann Care Service in the amount of $9,500.00; and a brief description was given explaining the functions of the organization. Boone Center Inc. Presentation of check was made by Councilmember Tom Besselman to grant recipient Boone Center, Inc. in the amount of $1,345.00; and a brief description was given explaining the functions of the organization. Connections to Success. Presentation of check was made by Councilmember Mary Ann Ohms to grant recipient Connection to Success in the amount of $3,180.00; and a brief description was given explaining the functions of the organization. Missouri Foster Care and Adoption Association. Presentation of check was made by Councilmember Tom Besselman to grant recipient Missouri Foster Care and Adoption Association in the amount of $3,000.00; and a brief description was given explaining the functions of the organization. PUBLIC COMMENT There were no speakers during the public comment portion of the meeting. RESOLUTIONS A Resolution in Support of Proposition R, Proposing the Re-Authorization of the St. Charles County Transportation Sales Tax for the August 7, 2012 Primary Election (Sponsor: Michael Klinghammer) All members of the City Council requested that their names be added as sponsors. Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Klinghammer,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ Ohmes, and Ohms. “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Resolution 12-22 A Resolution Authorizing Submittal of Revised Project Applications for the 2012 County Road Board Project Solicitation (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, Bridget Ohmes, Laurie Feldman, Michael Weller, Michael Klinghammer, Dave Beckering and Mary West) Councilmember Jerry Reese reported the Street Committee met this evening and is recommending the full Council’s approval to authorize submittal of revised project applications for the 2012 County Road Board Project Solicitation. Passed “Aye”: Stivison, West, Besselman, Beckering, Feldman, Klinghammer, Ohmes, Ohms, and Reese “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Resolution 12-23 BILLS FOR FINAL PASSAGE Bill 10772 (Held) 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 hold Council Bill 10772. 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-136 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-137 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-138 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-139 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-140 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;  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ 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, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Michael Klinghammer, Ron Stivison, and Bridget Ohmes) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-141 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 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Michael Klinghammer, Ron Stivison, and Bridget Ohmes) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-142 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 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Michael Klinghammer, Ron Stivison, and Bridget Ohmes) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: None Absent: Weller Approved by the Honorable Mayor on August 14, 2012 and is known as Ordinance 12-143 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) Councilmember Tom Besselman spoke in opposition to Council Bill 10810; and requested a separate vote to be taken on Council Bill 10810. Councilmember Michael Klinghammer,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ Councilmember Ron Stivison, and Councilmember Jerry Reese spoke in favor of Council Bill 10810 due to public safety. A separate vote was taken on Council Bill 10810 with the following results: Passed “Aye”: West, Beckering, Feldman, Klinghammer, Ohmes, Ohms, Reese, and Stivison “Nay”: Besselman Absent: Weller Approved by the Honorable Mayor on August 9, 2012 and is known as Ordinance 12-144 Bill 10811 (Withdrawn) 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 of Saint Charles, Missouri (Sponsor: Laurie Feldman) Council President Laurie Feldman requested to withdraw Council Bill 10811. File #47866 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10812 An Ordinance Authorizing Agreements with Public Service Agencies for Administering Programs Benefiting St. Charles Citizens Utilizing Community Development Block Grant Funds for the Program Year January 1, 2012 – December 31, 2012 (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10813 An Ordinance Authorizing an Affiliation Agreement Between Respond Right EMS Academy 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 Respond Right EMS Academy (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10814 An Ordinance Authorizing a Second Amendment to the Hamptons PD-R Planned Development Agreement (Sponsor: Mary West) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10815 An Ordinance Authorizing Amendment Number 2 to the Contract with LePique & Orne Architects, Inc. to Provide Additional Engineering and Architectural Services for Phase II of the Public Safety Facility Construction Project in an Amount of $210,249.77 for a Total Amount Not to Exceed $579,998.77 for the Phase II Services and for a Total Project Amount (Phase I and Phase II) of $693,213.77 (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ Councilmember Jerry Reese requested his name be added as sponsor. Bill 10816 An Ordinance Authorizing Amendment Number 3 to the Contract with LePique & Orne Architects, Inc. to Provide Additional Engineering and Architectural Services for Phase II of the Public Safety Facility Construction Project in an Amount of $72,390.00 for a Total Amount Not to Exceed $652,388.77 for the Phase II Services and for a Total Project Amount (Phase I and Phase II) of $765,603.77 (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10817 An Ordinance Amending Chapter 700 of the Code of Ordinances of the City of Saint Charles, Missouri by Enacting Fourteen New Sections Pertaining to Water Conservation (Sponsor: Michael Klinghammer) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10818 An Ordinance Authorizing a Contract with FleetCor Technologies Operating Company, LLC dba Fuelman to Provide Unleaded Gasoline and Diesel Fuel Services from September 1, 2012 Through August 31, 2013 for the City of St. Charles in an Annual Amount Not to Exceed $756,100.00 (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10819 An Ordinance Authorizing a First Amendment to Affiliation Agreement Emergency Medical Services Program Between SSM Health Care St. Louis, owning and operating SSM St. Joseph’s Health Center and the City of St. Charles to Provide Practical Learning and/or Clinical Experiences for EMS Students of the St. Charles City Fire Department Through July 31, 2014 (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Bill 10820 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 #4) (Sponsor: Laurie Feldman) Councilmember Jerry Reese requested his name be added as sponsor. Council President Laurie Feldman recommended advancing to agenda item 12A Report of the Mayor at this time. The Honorable Mayor Sally A. Faith gave a brief overview of Council Bill 10820. CONSENT AGENDA Director of Administration Michael Spurgeon requested to remove consent agenda item 10E1.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ A motion was made by DAVE BECKERING to approve the balance of 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, Stivison, and West. “Nay”: None. Absent: Weller. Motion passed. A. Approval of Council Minutes 1. Public Hearing of July 10, 2012 File #47862 2. Administrative Hearing of July 10, 2012 File #47863 3. Special Council Meeting of July 17, 2012 4. Regular Council Meeting of July 24, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of July 17, 2012 File #47730 b. Council Work Session (Closed) of July 24, 2012 File #47730 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of July 17, 2012 i. Motion to fund $6,000 from council directives to purchase a new projector for the Foundry Art Center b. Council Work Session of July 10, 2012 (none) C. Receipt of Reports from Boards, Commissions or Committees 1. Park & Recreation Board Meeting of May 16, 2012 File #47739 2. Park & Recreation Board Meeting (Work Session) of June 6, 2012 File #47739 3. Park & Recreation Board Meeting of June 20, 2012 File #47739 4. Beautification Commission Meeting of May 2, 2012 File #47819 5. Citizens with Disabilities Advisory Board Meeting of June 27, 2012 File #47836 6. Landmarks Board Meeting of June 18, 2012 File #47770 7. Veterans Commission Meeting of June 11, 2012 File #47864 8. Planning and Zoning Commission Meeting of June 25, 2012 File #47784  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration 1. Contract Amendment No. 1 to Project Manager Temporary Employee Consulting Services Contract (C11-292) between the City of St. Charles, Missouri and Colleen Dealey in an Amount of $18,238.88 for a Total Contract Amount Not to Exceed $161,604.88 Councilmember Michael Klinghammer voiced concern relative to the module timelines and completion dates. Director of Administration Michael Spurgeon reported the go-live dates as indicated on the Request for Council Action (RCA) will be met. C11-292 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Dave Sinclair Ford, Inc. for the Purchase of Three (3) 2013 Ford Medium Duty Work Trucks in an Amount Not to Exceed $91,472.00 ITEM REMOVED FROM THE CONSENT AGENDA. File #47865 2. Supplemental Agreement No. 2 with SCI Engineering, Inc. for an Additional $41,000.00 of Federally Funding Project Testing Services in a Total Contract Amount Not to Exceed $87,000.00 C12-175 3. Contract Amendment No. 7 with Lewis, Rice & Fingersh, L.C. for Providing Legal Services Related to Employment Law Matters in the Amount of $5,000.00 for a Total Contract Amount Not to Exceed $48,000.00 C08-508 4. Contract with Lindenwood University for Sponsorship for Advertising in the Basketball and Football Programs for the Years 2012, 2013, and 2014 in an Amount Not to Exceed $45,000.00 C12-415 5. Contract with Gulf States Distributors, Inc. for the Purchase of Ammunition in an Amount Not to Exceed $51,526.00 C12-417 6. Contract Renewal with Starcrest Cleaners for Police Uniform Cleaning Services in an Amount Not to Exceed $46,400.00 C11-284 7. Contract with Madden Preprint Media LLC for CEO Marketing Campaign in an Amount Not to Exceed $50,000.00 C12-416 8. Contract with Artistic Concrete Restoration to Resurface Concrete Floor at Foundry Art Centre in an Amount Not to Exceed $69,646.00 C12-412  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ G. Miscellaneous 1. Approval of Home Improvement Loans File #47842 2. Report of Court Administrator of Monies Collected and Deposited During Month of July 2012 File #47746 ITEMS REMOVED FROM CONSENT AGENDA Councilmember Dave Beckering requested additional information on consent agenda item 10E1; more specifically, the original miles, etc. on the police tow vehicle that we’re recommending to replace/swap out for the street division truck. Same as the information that was provided on the other trucks being replaced. Councilmember Beckering requested receiving this information prior to placing this item back on the consent agenda for council’s approval. REPORT OF THE MAYOR Budget Amendment No. 4 (Council Bill 10820) The Honorable Mayor Sally A. Faith addressed this item during Bills for Introduction. Written and/or Verbal Messages from the Mayor The Honorable Sally A. Faith reported she received a letter from St. Charles County Sheriff Tom Neer commending the City of St. Charles Police Department for their support and assistance during a recent incident. The Honorable Sally A. Faith announced upcoming city events and reported additional information for these events could be found by visiting www.historicstcharles.com Mayor Faith reported there will be a change in the shuttle services for the Festival of the Little Hills event which is being held on Friday, August 17 – 19, 2012 and reported additional information on this event could be found by visiting www.festivalofthelittlehills.com. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council Member Jerry Reese announced he had received a compliment on the road project located near Trail Head and wanted to extend this compliment to the Department of Public Works. Council Member Reese provided an update relative to the Sr. Health Fair that was held at the Convention Center today; and thanked the Council; Sr. Citizens Advisory Commission, and staff for their support and participation with this event. Council Member Ron Stivison thanked the Public Works Department for a job well done on the Duchesne and Sibley Project.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2012 ______________________________________________________________________________ Council Member Ron Stivison announced the City Council will be hosting Ward Meetings outlining plans for the Blanchette Bridge Project. The scheduled Ward Meetings can be found by visiting the city’s website at www.stcharlescitymo.gov. It was also mentioned residents can attend any of the Ward Meetings listed. Council Member Ron Stivison announced he attended the Sr. Health Fair this afternoon and enjoyed the event. The Regular Council Meeting was adjourned at 7:49 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer