City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, September 4, 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. Absent: None. 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. Councilmember Mary Ann Ohms announced Council Bill 10836 An Ordinance Amending Section 400.330 Regarding the Historic South Main Preservation District to Establish a Conditional Use Permit Requirement for the Performance of Live Music; and Technical Amendments will be held from being introduced this evening and referred to the September 11, 2012 Council Work Session for discussion; however, the Public Hearing relative to Case No. DR-09-12 will be conducted this evening. 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. 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 (Council Bill 10823) B. Case No. Z-18-07. An application to amend the Development Plan and Approve Development Agreement for Fountainview Condominiums on Fountainview Drive, within the PD-MU Planned Development-Mixed Use District. Specifically, to amend the site layout and design for one-hundred forty-four (144) condominium units currently approved for the property (Council Bill 10835) C. Case No. CU-23-12. (Emmaus Homes – David Kramer). An application for a Conditional Use Permit from §400.150(D)(1)(l) for a group living arrangement within the R-1E Single Family Residential District, specifically to approve a group home for no more than four (4) developmentally disabled individuals at 2413 Park Avenue. The subject property is 0.29 acres and is located in Ward 7 (RCA Attached) D. Case No. CU-24-12. (Matthew Goebel). An application for a Conditional Use Permit from §400.480(C) for Temporary Retail Sales within the C-2 General Business District, specifically to operate a retail sales tent for Halloween related  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ items at 1410 South Fifth Street. The subject property is 5.01 acres and is located in Ward 2 (Withdrawn by Applicant) (RCA Attached) E. Case No. CU-26-12. (Sunshine Home Care, LLC). An application to renew a Conditional Use Permit (CU-26-11) for an existing group home located at 612 Hemsath Road. The subject property is 0.98 acres and is located in Ward 3 (RCA Attached) F. Case No. CU-27-12. (Cole and Associates/SAAB Auto Sales and Leasing, INC d.b.a. American Realty and Development). An application for a Conditional Use Permit from §400.220(C)(1)(a) for In-Vehicle Sales and Service within the C-2 General Business District, specifically to demolish two (2) small existing structures in the middle of the site and construct a new drive-thru restaurant on property located at 531 Boone’s Lick Road and partially on 1205 South Fifth Street. The subject properties are 1.05 acres and are located in Ward 2 (RCA Attached) G. Case No. DR-08-12. (Ed Akers and Christine Berry) An Application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.050 to delete “Rooming House” and insert “Guest House”; amending §400.190(D)(1)(d) to delete “Rooming House” and insert “Guest House” and amending §400.290, to add “Guest House” as a Conditional Use in the FHCD Frenchtown Historic Commercial District (Council Bill 10831) H. Case No. DR-09-12. (David R. & Tammy S. Campbell) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.330 to permit Live Music as a Conditional Use and to address technical amendments regarding alcoholic beverages within the SMPD South Main Preservation District (Council Bill 10836) AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation from Delta Center The Honorable Mayor Sally A. Faith introduced Dennis Atkins. Mr. Atkins spoke on behalf of the Delta Center and introduced the Delta Center Board Members, thanked the City Council for past support, and gave a brief description of the Delta Center. Dave Huesing, Citizens with Disabilities Board Member also thanked the City of St. Charles, Missouri for their support and for the production of the Accessibility Guide. The City of St. Charles Fire Department, The Professional Firefighters and Paramedics of St. Charles, Missouri IAFF Local 757 and the Citizens of the City of St. Charles would like to Present a Check to Danielle Holmes, Fundraising Coordinator, for Muscular Dystrophy Association of the Collections Received in the 2012 St. Charles, Missouri Fill The Boot Campaign Council President Laurie Feldman introduced President of IAFF Local 757 Mark Jones. Mr. Jones introduced Brandon Shurtz, Douglas Kane, and Michael Grzyb and gave a brief overview of Fill the Boot Campaign; and presented a check in the amount of $7,100.00 to Danielle  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ Holmes, Fund Raising Coordinator for MDA. Ms. Holmes thanked the IAFF Local 757 and gave a brief overview of the MDA organization. Ms. Holmes then presented a plaque to IAFF Local 757. PUBLIC COMMENT There were no speakers during the public comment portion of the meeting. RESOLUTIONS A Resolution to Re-Establish a Procedure to Disclose Potential Conflicts of Interests for Certain Municipal Officials (Sponsor: Laurie Feldman) Passed “Aye”: Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Resolution 12-25 A Resolution Authorizing the City of St. Charles, Missouri, to Apply for a Federal Fiscal Year 2013 Historic Preservation Fund Grant and Authorizing the Mayor and City Clerk to Sign All Necessary Documents on Behalf of Applicant Passed “Aye”: Besselman, Feldman, Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Resolution 12-26 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) Council President Laurie Feldman requested to hold Council Bill 10772. 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ Approved by the Honorable Mayor on September 6, 2012 and is known as Ordinance 12-156 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Ordinance 12-157 Bill 10825 (To be Held to the September 11, 2012 Special Council Meeting) 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 Authorizing Certain Other Documents and Actions and Prescribing Other Matters Relating Thereto (Sponsor: Laurie Feldman) Council President Laurie Feldman requested to hold Council Bill 10825. 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Ordinance 12-158 Bill 10827 An Ordinance Authorizing Partial Vacation of a Utility Easement Located Within GT Gymnastics Property (Sponsor: Michael Klinghammer) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Ordinance 12-159  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ 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) Passed “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on September 6, 2012 and is known as Ordinance 12-160 BILLS FOR INTRODUCTION The following Council Bills were introduced with the exception of Council Bill 10836. Bill 10829 An Ordinance Authorizing a Cost Sharing Cooperation Agreement Between the City of St. Charles and Lindenwood University for the West Clay Extension Project (Sponsors: Mary Ann Ohms, Laurie Feldman, and Michael Klinghammer) Bill 10830 An Ordinance Ratifying the Findings of Ordinance No. 12-93 and Ordering that Certain Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Bill 10831 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.050 to Delete “Rooming House” and Insert “Guest House;” Amending Section 400.190(D)(1)(d) to Delete “Rooming House” and Insert “Guest House;” and Amending Section 400.290 to Include “Guest House” as a Conditional Use in the Frenchtown Historic Commercial District (Sponsor: Mary Ann Ohms) Bill 10832 An Ordinance Authorizing a Memorandum of Understanding Between the City of Saint Charles and the Federal Bureau of Investigation Regarding the SAVE OUR STREETS Task Force (Sponsor: Ron Stivison) Bill 10833 An Ordinance Repealing Ordinance No. 12-76 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Unrepresented Employees; to Eliminate the Assistant Street Superintendent Position; to Eliminate the Position of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ Business Services Manager and to Establish a New Position Classification of Inspector II to Grade I Non-Exempt (Sponsors: Laurie Feldman and Bridget Ohmes) Bill 10834 An Ordinance Authorizing Two Organized Crime Drug Enforcement Task Forces Agreements Between the City of St. Charles, Missouri and the Organized Crime Drug Enforcement Task Forces Program for Reimbursement of Overtime Expenses for the Periods of July 1, 2012 to September 30, 2012 and October 1, 2012 to September 30, 2013 (Sponsor: Mary West) Bill 10835 (Amended Prior to Introduction) An Ordinance Amending the Development Plan and Development Agreement for Brighton Park for the Condominium Project Known as The Reserve at Fountainview Condominiums (Sponsor: Jerry Reese) A motion was made by JERRY REESE to amend Council Bill 10835 prior to introduction, as follows: delete condition number five (5) as recommended by the Planning & Zoning Commission which states that the carports be designed using a traditional shingled roof with wood columns to complement the enclosed garages and multi-family buildings. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Klinghammer, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, and Feldman. “Nay”: None. Absent: None. Motion passed. Bill 10836 An Ordinance Amending Section 400.330 Regarding the Historic South Main Preservation District to Establish a Conditional Use Permit Requirement for the Performance of Live Music; and Technical Amendments (Sponsor: Mary Ann Ohms) Councilmember Mary Ann Ohms requested to hold Council Bill 10836 and refer to the Council Work Session on September 11, 2012. Councilmember Mary West requested her name to be added as sponsor. Bill 10837 An Ordinance Repealing Ordinance No.12-17 and Enacting a New Ordinance: (1) Authorizing the Establishment of Checking Accounts with Commerce Bank, N.A., and Designating Persons Authorized to Sign Checks; (2) Designating Enterprise Bank & Trust a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “The City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority” at Enterprise Bank & Trust, and Designating Persons Authorized to Initiate Wire Transfers or Sign Checks on Behalf of the City; and (3) Designating New Frontier Bank a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Convention Center Operations” and “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Event Escrow Convention Center” at New  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ Frontier Bank, and Designating Persons Authorized to Initiate Wire Transfers or Sign Checks on Behalf of the City and Authority (Sponsor: Laurie Feldman) ITEMS FOR DISCUSSION AND /OR COUNCIL ACTION Presentation from Police Department Relative to Various New Vehicle Makes/Models Available for the Department Director of Administration Michael Spurgeon introduced Interim Police Chief Larry Stulce. Interim Police Chief Stulce gave an overview of the Ford Taurus Sedan and Chevy Tahoe available to the Police Department. Discussion was held relative the number of vehicles, trade in values, mileage of vehicles proposed for surplus, option for local bidding, fuel consumption, body paint color/selection. Councilmember Weller requested an updated report on the sales of Police Department vehicles and a report detailing the departments plans to surplus the ten (10) vehicles being replaced. Director of Administration Michael Spurgeon reported an article of the new Tahoe’s and Sedan’s will be placed in the next City Newsletter. CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Weller, Beckering, Besselman, Feldman, and Klinghammer. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of August 14, 2012 2. Regular Council Meeting of August 21, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Technology Committee Meeting of August 13, 2012 File #47879 b. Council Work Session of August 14, 2012 (Closed) File #47730 c. Council Work Session of August 14, 2012 File #47730 d. Council Work Session of August 21, 2012 (Closed) File #47730 e. Street Committee of August 21, 2012 File #47735 2. Approval of Council Committee Motions/Actions/Recommendations a. Technology Committee Meeting of August 13, 2012 b. Council Work Session of August 14, 2012 (Closed) c. Council Work Session of August 14, 2012 d. Council Work Session of August 21, 2012 (Closed) e. Street Committee of August 21, 2012  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ C. Receipt of Reports from Boards, Commissions or Committees 1. Citizens with Disabilities Advisory Board Meeting of July 25, 2012 File #47836 2. Landmarks Board Meeting of July 16, 2012 File #47770 3. Park & Recreation Board Work Session of August 1, 2012 File #47739 D. Receipt of Reports of the Director of Administration E. Approval of Contracts and Easements from $30,001 - $99,999 1.. Contract Amendment #1 to Renewal #2 of C09-512 with Spring Solutions, Inc. for City-Wide Cellular Services in an Amount Not to Exceed $23,100.00 for a Total Contract Not to Exceed $99,480.00 C09-512 2. Contract Amendment #2 to Renewal #2 with AT&T Mobility National Accounts, LLC for City-Wide Cellular Services in an Amount Not to Exceed $13,775.00 for a Total Contract Not to Exceed $58,805.00 C09-527 3. Contract with World Wide Technology, Inc. for an Additional Twenty Five (25) NetMotion Mobility Licenses and NetMotion Premium Support for One (1) year in an Amount Not to Exceed $3,486.35 for a Total Contract Not to Exceed $31,750.82 C12-476 G. Miscellaneous 1. Liquor License Application for Lorene Samson, d/b/a: TGI Friday’s, located at 2000 First Capitol Drive File #47725 2. Receipt of July Investment Report File #47847 REPORT OF THE MAYOR Written and/or Verbal Messages from the Mayor The Honorable Sally A. Faith announced the following upcoming events: Mosaics, Music on Main, and Oktoberfest. To find more information on these events, visit www.stcharlescitymo.gov. The Honorable Sally A. Faith reported the City of St. Charles, Missouri was ranked 71 st Best Place to Live and 11th Most Affordable City in the Nation by Money Magazine. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ Councilmember Tom Besselman reported school is back is session and requested everyone to please watch out for the kids walking to and from school. APPROVAL OF CLOSED MINUTES MARY WEST made a motion to approve the following Closed Minutes: A. Council Work Session on Tuesday, June 5, 2012, relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3); preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) B. Council Work Session on Tuesday, June 12, 2012, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) C. Council Work Session on Tuesday, July 10, 2012, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) D. Council Work Session on Tuesday, July 24, 2012, relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); and hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) at 5:30 p.m. E. Council Work Session on Tuesday, July 24, 2012, relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 7:50 p.m. F. Technology Committee Meeting on Monday, August 13, 2012, relative to hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) RON STIVISON 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.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2012 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 8:48 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer