City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, August 21, 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, Mary West, 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. AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Checks to the Following Grant Recipients: Youth in Need. Presentation of check was by made by Councilmember Mary Ann Ohms and Councilmember Tom Besselman in the amount of $5,000.00; and a brief description was given explaining the functions of the organization. Foster Adoption Support Team (F.A.S.T.). Presentation of check was made by Council President Laurie Feldman in the amount of $4,565.00; and a brief description was given explaining the functions of the organization. Five Acres Animal Shelter. Presentation of check was made by Council President Laurie Feldman in the amount of $2,000.00; and a brief description was given explaining the functions of the organization. Bridgeway Behavior Health – The Women’s Center. Presentation of check was made by Councilmember Dave Beckering in the amount of $$1,610.00; and a brief description was given explaining the functions of the organization. Presentation Relative to Audit Report and Comprehensive Annual Financial Report – Calendar Year Ended December 31, 2011 Jim Tortey representative from Schowalter & Jabouri, P.C., gave an overview relative to the Audit Report and Comprehensive Annual Financial Report (CAFR) for calendar year ending December 31, 2011. A motion was made by DAVE BECKERING to receive the Audit Report and CAFR for calendar year ending December 31, 2011. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, and West. “Nay”: None. Absent: None. Motion passed. File #47877  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ Proclamation Recognizing “Paint the Town Gold” Days August 15, 2012 through September 22, 2012 to Welcome and Show Support of Lindenwood University and its Students The Honorable Mayor Sally A. Faith presented a proclamation to the Lindenwood Student Government Association and welcomed the Lindenwood students back. President and CEO of the Greater St. Charles County Chamber of Commerce Scott Tate thanked the City of St. Charles for supporting the “Paint the Town Gold” and the Lindenwood students. Director of Economic Development and Convention & Visitors Bureau introduced Kevin Rodgers owner of the Dairy Queens in several St. Charles County locations. Mr. Rodgers informed the City Council a new Blizzard has been developed during the “Paint the Town Gold” days. PUBLIC COMMENT Chet Boeke, 3114 Arrow Rock, spoke honoring the late Archie Scott and suggested the City consider honoring Archie Scott for all the time and dedication Archie Scott put forth towards the preservation on the City. Mr. Boeke suggested the City consider either installing a fountain in one of the City parks and/or having a plaque dedication in Archie Scott’s name. Councilmember Mary West thanked Mr. Boeke for his suggestions and agreed a fountain/dedication in honor of Archie Scott would be appropriate; however, Councilmember West also suggested a future dedication should also be considered for John Dengler, Pop, and Donna Hafer who have also dedicated their time and efforts in preserving the City. Councilmember West also stated due to the economy funds are not available at this time and suggested Mr. Boeke considers a fund raiser to fund his suggestions. BILLS FOR FINAL PASSAGE Bill 10772 (To be 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 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 (Sponsors: Laurie Feldman and Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-145 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 (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-146 Bill 10814 An Ordinance Authorizing a Second Amendment to the Hamptons PD-R Planned Development Agreement (Sponsors: Mary West and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-147 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 (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-148 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ 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 (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-149 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 (Sponsors: Michael Klinghammer and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-150 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 (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 23, 2012 and is known as Ordinance 12-151 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 (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-152  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ 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) (Sponsors: Laurie Feldman and Jerry Reese) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-153 Bill 10821 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) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-154 Bill 10822 An Ordinance Amending Chapter 705 of the Code of Ordinances of the City of St. Charles by Enacting a New Section, to be known as Section 705.225, Establishing a Summer Sewer Billing Adjustment Policy for Residential Customers of the City of St. Charles, Missouri (Sponsor: All Members of the City Council) Passed “Aye”: Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on August 22, 2012 and is known as Ordinance 12-155 BILLS FOR INTRODUCTION The following Council Bills were introduced. Bill 10823 An Ordinance Fixing and Establishing the Rate and Levying the Taxes for the General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri, for the Year Two Thousand and Twelve (Sponsor: Laurie Feldman) Councilmember Dave Beckering informed the residents Council Bill 10823 is not a tax increase for the residents; and thanked Mayor Faith and Administration for the wonderful job they’ve put towards this council bill.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ Bill 10824 An Ordinance Amending Schedule III, Table III-A of Chapter 300 of the Code of Ordinances by Repealing and Establishing Parking Restrictions Along a Portion of Timbercross Place in the Charlestowne Subdivision (Sponsors: Michael Klinghammer, Mary Ann Ohms, Tom Besselman, Jerry Reese, Ron Stivison, and Bridget Ohmes) Bill 10825 An Ordinance Authorizing the Issuance, Sale and Delivery of Not to Exceed $19,000,000 City of Saint Charles, Missouri Neighborhood Improvement District Limited General Obligation Bonds, (Streets of St. Charles at Noah’s Ark Infrastructure and Site Improvement Project-Phase Two-B Improvements) Series 2012; Prescribing the Form and Details of Said Bonds and the Covenants and Agreements made by the City to Facilitate and Protect the Payment Thereof; and Authorizi8ng Certain Other Documents and Actions and Prescribing Other Matters Relating Thereto (Sponsor: Laurie Feldman) Bill 10826 An Ordinance Authorizing Acceptance of Sanitary Gravity Sewers, Sanitary Force Main and Sanitary Lift Station and Their Appurtenances at The New Town at St. Charles – Phase 10A for Only that Portion of Said Plat Completed by WBI Resolutions, and Authorizing Release of Security Related Thereto (Sponsor: Michael Klinghammer) Councilmember Michael Klinghammer stated Council Bill 10826 is accepting the gravity line only and not the vacuum system. Bill 10827 An Ordinance Authorizing Partial Vacation of a Utility Easement Located Within GT Gymnastics Property (Sponsor: Michael Klinghammer) Bill 10828 An Ordinance Authorizing Amendment Number 2 to the Contract with Schowalter & Jabouri, P.C. to Provide Additional Professional Services for Review of Developer Submitted Requests for Reimbursement from the 2011-A and 2012 NID Bond Proceeds Relating to the Streets of St. Charles at Noah’s Ark in an Amount of $40,000.00, for a Total Contract Amount Not to Exceed $105,000.00 (Sponsor: Laurie Feldman) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request to Waive Building Permit Fees for Volunteers in Medicine (location 1039 S. Duchesne) (referred by Councilmember Ron Stivison) Councilmember Ron Stivison gave a brief report on the request to waive the building permit fees received by Volunteers in Medicine; and stated he supports this request. Councilmember Dave Beckering stated he supports this request. There being no further discussion, RON STIVISON made a motion to waive the building permit fees for Volunteers in Medicine for location at 1039 S. Duchesne. MICHAEL KLINGHAMMER seconded the motion. A roll call vote was taken,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ with the following results: “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman. “Nay”: None. Absent: None. Motion passed. File #47868 Discussion Relative to St. Charles Night Out scheduled on Tuesday, October 2, 2012 (referred by Councilmember Jerry Reese) Councilmember Jerry Reese voiced concern relative to St. Charles Night Out being scheduled on the same night of the October 2, 2012 Regular Council Meeting; and suggested in the future the Mayor and City Council have input as to when the St. Charles Night Out events are scheduled. Discussion was held relative to changing the October 2, 2012 Regular Council Meeting. After future discussion, MICHAEL KLINGHAMMER made a motion to cancel/reschedule the Tuesday, October 2, 2012 Regular Council Meeting to Thursday, October 4, 2012. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Klinghammer, Ohmes, Ohms, Reese, Stivison, and Weller. “Nay”: West, Beckering, and Feldman. Absent: None. Motion passed. File #47869 CONSENT AGENDA A motion was made by MICHAEL KLINGHAMMER to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, and Ohmes. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 7, 2012 2. Public Hearing of August 7, 2012 File #47870 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of August 7, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of August 7, 2012 i. Motion to direct staff to bring forward appropriate legislation to move the current No Parking zone on Timbercross to the opposite side of Timbercross ii. Motion to accept staff recommendation for the proposed project changes to address comments from the County Road Board Director and approve a resolution for submitting the funding requests as recommended by staff  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ iii. Motion directing staff to proceed with revisions to the Long Term Transportation Plan as per discussions with the County Road Board iv. Motion to direct staff to install no parking signs on Millstone Corporate Drive v. Motion to support the Inter-Governmental Agreement with the proposed changes and additions recommended by staff C. Receipt of Reports from Boards, Commissions or Committees 1. Board of Public Works Meeting of July 16, 2012 a. Motion to recommend waiving the tape fees for #22 Expedition Trails Court, Lot 11 for Lewis & Clark Career Centers b. Motion to approve the request to lower the Fluoride in the City’s drinking water from 1.0 ppm to 0.6 ppm to begin August 1, 2012 c. Motion to recommend authorization to negotiate with Crawford, Murphy & Tilly, Inc. for the 2012 Sanitary Flow Metering for Basin 5 d. Motion to recommend authorization to negotiate with Thouvenot, Wade and Moerchen, Inc. for the 2012 Sanitary Flow Metering for Basin 14 e. Motion to recommend authorization to negotiate with George Butler Associates for the 2012 Sanitary Flow Metering for Basin 15 f. Motion to recommend negotiating a contract with Bax Engineering for the Riverview Lift Station Improvements project g. Motion to table agenda item 146 Shelburne Creekbank Stabilization Right of Way Update until consultation with the City Attorney h. Motion to recommend approval of the Easement Encroachment License at 3456 Covington Parkway Avenue i. Motion to recommend approval to accept the sanitary sewers, water mains and sanitary lift station at Manors of Wynnbrooke File #4771 2. Special Business District Advisory Board Meeting of July 5, 2012 a. Motion to fund the carriage shuttle shown as Option A on the proposal with the following days and hours: Wednesday and Friday, 2:00 p.m. to 7:00 p.m.; Thursday, Saturday and Sunday, Noon to 5:00 p.m. The vote was 4 to 4; motion fails b. Motion to solicit bids to fund the carriage shuttle from November 23, 2012, through December 24, 2012 with the following days and hours: Wednesday and Friday, 2:00 p.m. to 7:00 p.m.; Saturday and Sunday, Noon to 5:00 p.m. The bid to specify a nine passenger carriage  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ File #47737 3. Special Business District Advisory Board Meeting of June 7, 2012 a. Motion to hire An Affordable Tree Service to remove and grind out the trees on Jefferson Street that are within the SBD b. Motion to provide a statement to Facilities Maintenance that SBD will plant trees in Daniel Boone Park c. Motion that SBD should proceed with checking on the pricing and availability of the Victor Stanley, Inc. Model CBF-10 bench with horizontal solid steel slats and iron end frames File #47737 4. Economic Development Commission Meeting of June 7, 2012 File #47765 5. Human Relations Commission Meeting of June 7, 2012 File #47797 6. Human Relations Commission Meeting of May 3, 2012 File #47797 7. Beautification Commission Meeting of June 6, 2012 File #47819 8. The Greater Saint Charles Convention & Visitors Commission Meeting of June 28, 2012 a. Motion to approve the May 2012 financial report b. Motion to approve the following items: i. Bank Travel Management – July/August; $2,358.75 ii. Tom Browning – use of Santa Claus photo; $1,500.00 File #47783 D. Receipt of Reports of the Director of Administration 1. Authorization to Negotiate a Professional Services Agreement with Jacobs for the Design and Construction of Sodium Hypochlorite and Ammonia System Improvements File #47871 2. Request for Authorization to Fill a Vacant Position in Public Works Department/Street Division File #47872 3. Request for Authorization to Fill a Vacant Position in Fire Department File #47873 4. Notice of Emergency Purchase File #47744 5. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – July 2012 File #47743 6. Authorization to Fill Vacant Position in Police Department File #47874  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ 7. Authorization to Fill Vacant Position in Finance Department File #47875 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contact Amendment No. 1 with Patterson Construction for Concrete Pavement and Sidewalk Repairs in the Amount of $35,000.00 for a Total Contract Amount Not to Exceed $65,000.00 C10-527 2. Contract with Bax Engineering Company for the Design of the Riverview Lift Station Project in an Amount Not to Exceed $79,915.00 C12-435 3. Contract with Power Up Electrical Contractors for Gallery Lighting Upgrades at the Foundry Art Centre in an Amount Not to Exceed $62,000.00 C12-434 F. Preliminary Plats G. Miscellaneous 1. Approval of Liquor License Application for Daniel Badock, d/b/a: Lewis & Clark American Restaurant, located at 217 South Main Street File #47725 2. 2012 General Fund Revenue Update (Full Revenue Update will be Discussed at the September 11, 2012 Council Work Session) File #47876 REPORT OF THE MAYOR The Honorable Sally A. Faith read a Thank You Note from the Missouri Highway Patrol regarding the support they received from the City of St. Charles Police Department on a recent incident. The Honorable Sally A. Faith provided an update on the Festival of Little Hills Event that was held during August 17-19, 2012; and thanked everyone who supported and contributed to the success of the event. The Honorable Sally A. Faith announced upcoming City events and suggested visiting www.historicstcharles.com for more information on upcoming City events. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Update from Council Liaisons on Board/Commission/Committee Councilmember Dave Beckering provided a brief update on the August 20, 2012 Landmarks Board meeting; more specifically an application for solar panels that was denied by the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2012 ______________________________________________________________________________ Landmarks Board. Councilmember Beckering recommended the Administration to review the regulations on solar panels in other historic districts and report back to City Council with recommended revisions to the City’s guidelines. Councilmember Beckering requested to forward this item to a future Council Work Session for further discussion. Councilmember Jerry Reese reported the 2012-2013 school year has begun. Councilmember Reese also stated students are walking to and from school and requested everyone to take caution while driving. LAURIE FELDMAN made a motion to convene into closed session relative to confidential or privileged communications between a public governmental body and its auditor (RSMo 610.021.17). MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Klinghammer, Ohmes, and Ohms. “Nay”: None. Absent: None. Motion passed. Council President Laurie Feldman reported City Attorney Michael Valenti has advised due to the Audit Report and CAFR already being received by the City Council at the beginning of this meeting, we cannot convene into a closed session relative to the Audit Report and CAFR. Therefore, the closed session will not be held. LAURIE FELDMAN made a motion to reconvene into Open Session. MARY ANN OHMS seconded. A roll call vote was taken, with the following results: “Aye”: Beckering, Feldman, Klinghammer, Ohmes, Ohms, Stivison, Weller, and West. “Nay”: Reese. Absent: Besselman. Motion passed. The Honorable Sally A. Faith introduced the new owner Daniel Badock of the Lewis & Clark Restaurant located on South Main Street. Director of Finance Kelly Vaughn introduced Jim Tortey and Karen Lenk representatives of Schowalter & Jobouri, P.C. Councilmembers thanked Mr. Tortey, Ms. Lenk and Finance Director Kelly Vaughn for the easy-to-read and comprehensible audit reports. The Regular Council Meeting was adjourned at 8:08 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer