City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, December 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, Mary Ann Ohms, Jerry Reese, Ron Stivison, and Mary West. Absent: Bridget Ohmes 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. A motion was made by MARY ANN OHMS to excuse the absence of Councilmember Bridget Ohmes. DAVE BECKERING seconded the motion. All voted in favor, motion passed. November 6, 2012 Election Results Canvass of Election Returns of the General Municipal Election Held November 6, 2012, and Declaration of the Election Results A motion was made by JERRY REESE to receive and approve the certification of the election results of the General Municipal Election held on November 6, 2012. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, West, and Beckering. “Nay”: None. Absent: Ohmes and Weller. Motion passed. File # 47917 Administration of Oath of Office The Honorable Mayor Sally A. Faith administered the oath of office to Councilmember Mary West, Ward 4, with term ending April, 2014. 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. Budget for Fiscal Year 2013 (Council Bill 10907) B. Capital Improvement Plan for Fiscal Years 2013-2018 (RCA Attached) C. Case No. CU-31-12 (Emmaus Homes – David Kramer) An application from §400.150(D)(1)(l) to renew a Conditional Use Permit (CU-29-11) for an existing group home located at 3345 Town and Country Lane within the R-1C Single Family Residential District. The subject property is 0.23 acres and is located in Ward 8 (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ D. Case No. DR-12-12 (The Gorski Group, LLC—Matt Gorski) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.200 to add a Guest House as a Conditional Use within the HCD Historic Commercial District (Council Bill 10912) E. Case No. DR-13-12 (Planning and Zoning Commission) An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.240(E)(4) to clarify the Industrial Performance Standards to state that the emissions of smoke, gaseous, or particulate matter apply to any building within the I-1 Light Industrial District (Council Bill 10913) Council President Laurie Feldman requested to advance to agenda items 12A REPORT OF THE MAYOR - Appointments to Boards/Commissions; and 12B REPORT OF THE MAYOR Written and/or Verbal Messages. REPORT OF THE MAYOR Appointments to Boards/Commissions A motion was made by DAVE BECKERING to approve the following appointments to Boards and Commissions as presented by the Honorable Mayor Sally A. Faith: VETERAN’S COMMISSION  Appointment of Thomas Korth for a 3 year term ending in November, 2015 MICHAEL KLINGHAMMER seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Feldman, Klinghammer, Ohms, and Reese. “Nay”: None. Absent: Weller and Ohmes. Motion passed. File #47829 Written and/or Verbal Messages from the Mayor The Honorable Sally A. Faith announced there are many upcoming events happening in the City this December. For more information, visit the City’s website at www.stcharlescitymo.gov. AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of the Following Staff Members from the Information Technology Department: Nick Hisserich, Information Technology Coordinator and Joe Brunk, Network Technology Support Specialist Director of Information Technology Matthew Seeds introduced Nick Hisserich and Joe Brunk. Each staff member provided a brief bio on their employment and educational backgrounds. Introduction of the Following Staff Members from the Fire Department: Rich Oney, Deputy Chief and David Lewis, Division Chief Fire Chief Rick Daly introduced Rich Oney and David Lewis. Each staff member provided a brief bio on their employment and educational backgrounds.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ RESOLUTIONS A Resolution Declaring One 2004 Bobcat Excavator as Surplus Property; Authorizing Disposal by Trade-in; and Authorizing the Mayor to Execute the Appropriate Documents to Transfer Title (Sponsor: Michael Klinghammer) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, and Stivison “Nay”: None Absent: Weller and Ohmes Approved by the Honorable Mayor on December 6, 2012 and is known as Resolution 12-35 A Resolution Declaring One (1) Parks and Recreation Department Vehicle to be Surplus Property and Authorizing the Disposal (Sponsor: Laurie Feldman) Passed “Aye”: West, Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, and Stivison “Nay”: None Absent: Weller and Ohmes Approved by the Honorable Mayor on December 6, 2012 and is known as Resolution 12-36 BILLS FOR FINAL PASSAGE Bill 10772 (To be Withdrawn) 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 Bill 10772 was withdrawn from Council consideration by Sponsor Michael Klinghammer. File # 47918 Bill 10872 (Substitute Bill No. 1) (To be Held and Discussed at the December 11, 2012 Council Work Session) An Ordinance Amending Chapter 500 of the Code of Ordinances by Creating a New Article and Enacting Ten New Sections Pertaining to Registration of Vacant Commercial Structures (Sponsor: Laurie Feldman) Council Bill 10872 was held from Council consideration and referred to the December 11, 2012 Council Work Session by Sponsor Laurie Feldman. Bill 10899 An Ordinance Authorizing a Contract with Lamb Construction Company for the Construction of a Storage Building and Site Work Associated with Phase I of the Public Safety Facility Project in an Amount Not to Exceed $909,000.00 (Sponsors: Ron Stivison, Bridget Ohmes, Tom Besselman, and Michael Klinghammer)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 5, 2012 and is known as Ordinance 12-230 Bill 10900 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Sections 400.190(D)(1)(b)(3); 400.190(D)(1)(c)(2) and 400.670 to Delete “Rooming House” and Insert “Guest House” (Sponsor: Mary Ann Ohms) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 6, 2012 and is known as Ordinance 12-231 Bill 10901 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Three-F, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Michael Klinghammer) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 5, 2012 and is known as Ordinance 12-232 Bill 10902 An Ordinance Approving the Record Plat for Resubdivision of Part of the Original Lot 3 of the Resubdivison of Regency Plaza Subdivision Plat One and Lot 2B of the Resubdivision of Lot 2 of the Resubdivision of Regency Plaza Subdivision Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 4, 2012 and is known as Ordinance 12-233 Bill 10903 An Ordinance Amending Section 645.080 of the Code of Ordinances by Increasing the Maximum Number of Taxicabs That May be Operated by the Holder of a Taxicab Operator License in the City of St. Charles to Thirty (30) Taxicabs (Sponsor: Ron Stivison) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 6, 2012 and is known as Ordinance 12-234 Bill 10904 An Ordinance Authorizing the Purchase of Real Property Located at 747 Cunningham Avenue for the Not To Exceed Amount of $402,500.00, Inclusive of Closing Costs, and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Tom Besselman) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 6, 2012 and is known as Ordinance 12-235 Bill 10905 An Ordinance Authorizing Amendment Number 2 to the Protective Rental Agreement with Sparta Investment LLC for the Rental of Three (3) Additional Mobile Homes Needed for the West Clay Extension Project in an Amount of $11,850.00, for a Total Amount Not to Exceed $83,180.00 (Sponsor: Tom Besselman) Passed “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: None Absent: Ohmes and Weller Approved by the Honorable Mayor on December 6, 2012 and is known as Ordinance 12-236 Bill 10906 (Amended and referred to the December 11, 2012 Special Council Meeting) 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 #6) (Sponsors: Laurie Feldman and Jerry Reese) BILLS FOR INTRODUCTION The following Council Bills were introduced with the exception of Council Bill 10921: Bill 10907 An Ordinance Adopting a Budget for the City for the Period from January 1, 2013 to December 31, 2013, and Appropriating Money in the City Treasury to Pay the Cost of Operating the City Government During That Period in Accordance with the Budget (Sponsors: All Members of the City Council) Bill 10908 An Ordinance Authorizing a Fifth Addendum to Lease with Investments Unlimited Development Corporation for the Lease of Office Space for the Fire Department Located  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ at 118 North Second Street for the Period of December 1, 2012 through November 30, 2013 in an Amount Not to Exceed $30,598.56 (Sponsor: Laurie Feldman) Bill 10909 An Ordinance Repealing Ordinance No.12-163 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 ACH 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 Frontier Bank, and Designating Persons Authorized to Initiate Wire ACH Transfers or Sign Checks on Behalf of the City and Authority (Sponsor: Laurie Feldman) Bill 10910 An Ordinance Approving the Record Plat for Lots 1 and 2 of City Block No. 15, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Tom Besselman) Bill 10911 An Ordinance Authorizing an Intergovernmental Agreement Between the Missouri Motorcycle Safety Program (MMSP) and the City of St. Charles, Missouri For the Designation of the City of St. Charles, Through its Parks and Recreation Department, Rangers Division, as a Sponsor Agency of the MMSP (Sponsor: Laurie Feldman) Bill 10912 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.200 to Include Guest House as a Conditional Use in the Historic Commercial District (Sponsor: Mary Ann Ohms) Bill 10913 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Sections 400.240(E)4 Pertaining to Smoke and Particulate Matter in the “I-1” Light Industrial District (Sponsor: Mary Ann Ohms) Bill 10914 An Ordinance Authorizing a Contract with Ideal Landscape Group for the Boschert Creek Stabilization Project (West Adams Street to West Clark Street) in an Amount Not to Exceed $268,869.00 (Sponsors: Dave Beckering & Michael Klinghammer)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ Bill 10915 An Ordinance of the City of St. Charles, Missouri, authorizing the City to execute Change Order #5 with Karrenbrock Construction Inc. for the South Main Street Roadway Improvement Project, for a deduction in the amount of $79,637.03 (Sponsor: Laurie Feldman) Bill 10916 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Three (3) 2013 International 7400 SFA 4x2, 34,200 lb. G.V.W.R. Single-Axle Dump Trucks with All-Purpose Dump Bodies, Integrated Salt Spreaders and Snow Plows in an Amount Not to Exceed $390,141.00 (Sponsor: Laurie Feldman) Bill 10917 An Ordinance Annexing Certain Adjacent Contiguous Right of Way into the City of Saint Charles, Missouri, and Assigning the Right of Way to a Designated Ward of the City Being Petitioned for Annexation by the City of St. Charles (Approximately 1.220 Acres of Right of Way Located Along a Portion of South Main Street) (Sponsor: Laurie Feldman) Bill 10918 An Ordinance Amending Chapter 640 of the Code of Ordinances by Adding Three New Sections Pertaining to Off-premises Canvassing (Sponsor: Michael Klinghammer) Bill 10919 An Ordinance Authorizing a Contract with HD Supply Waterworks, LTD for the Purchase of Miscellaneous Water Supplies Used by the Water Division in an Amount Not to Exceed $140,000.00 (Sponsor: Michael Klinghammer) Bill 10920 An Ordinance Amending Chapter 330 of the Code of Ordinances by Amending Section 330.030 to Prohibit U-Turns at the Intersection of Northbound Fifth Street and Bass Pro Drive (Sponsor: Tom Besselman) Bill 10921 An Ordinance Repealing Ordinance No. 12-167 and Enacting a New Ordinance to Eliminate the Director of Human Resources Position and to Establish a New Position Classification of Human Resources Manager of Grade C Exempt (Sponsor: Laurie Feldman) Council Bill 10921 was held from introduction and referred to the December 11, 2012 Council Work Session by Councilmember Dave Beckering.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. MICHAEL KLINGHAMMER seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Klinghammer, Ohms, Reese, Stivison, and West “Nay”: Absent: Ohmes and Weller. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of November 13, 2012 2. Regular Council Meeting of November 20, 2012 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of November 13, 2012 File #47730 b. Council Work Session of November 20, 2012 File #47730 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of November 13, 2012 i. Motion to transfer $66,800.00 from the Community Center fund for Foundry Art Center operating assistance for calendar year 2012 ii. Motion to transfer $10,000.00 from the Community Center fund to assist the Foundry Art Center with upgrades to the larger HVAC unit in FY 2013 iii. Motion to transfer $34,500.00 from CVB funds to assist the Foundry with AmerenUE payments in FY 2013 iv. Motion to approve the Mayor’s performance based pay pool recommendation of 1.75% with a maximum increase of 2.0% for FY 2013; and exempt the following Departments from the pool for FY 2013: Information Technology, Fire Department, Police Department, and Human Resources v. Motion to approve a performance based pay pool of 1.75% with a maximum increase of 2.0% for FY 2013 b. Council Work Session of November 20, 2012 i. Motion to approve the Closed Session Minutes C. Receipt of Reports from Boards, Commissions, or Committees 1. Park & Recreation Board Meeting of September 19, 2012 File #47739 2. Senior Citizen Advisory Commission Meeting of October 16, 2012 File #47781 3. Landmarks Board Meeting of October 15, 2012  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ File #47770 D. Receipt of Reports of the Director of Administration 1. Authorization to Negotiate an Engineering Services Contract with Crawford, Murphy & Tilley for the Fifth Street Gateway Improvement and Enhancement Project Design File #47919 2. Authorization to Fill Vacant Position in Police Department File #47920 E. Approval of Contracts and Easements from $30,001 - $99,999 1. First Renewal Contract with Dawn Blackburn dba Fat Dog Creative for Creative and Graphic Design and Production Services for Convention and Visitors Bureau in an Amount Not to Exceed $45,600.00 C12-182 2. Contract with Gateway Bobcat of Missouri for the Purchase of One (1) New Bobcat E80 with EH Wachs Diamond Wire Guillotine Package, 18” Bucket, 24” Bucket, Concrete Breaker, Extendable Dipper and a $28,500 Trade-In Credit for the City’s 2004 442 Bobcat Excavator in an Amount Not to Exceed $94,239.25 C12-695 3. Contract with CDW Government LLC for the Purchase of Barracuda Message Archiver an Amount Not to Exceed $31,500.00 C12-694 F. Preliminary Plats 1. Lots 1 and 2 of City Block No. 15 File #47921 G. Miscellaneous 1. Approval of Home Improvement Loan File #47842 2. Receipt of October Investment Report File #47847 A motion was made by MICHAEL KLINGHAMMER to suspend the Council Rules. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Klinghammer, Ohms, Reese, Stivison, West, Beckering, and Besselman. “Nay”: None. Absent: Ohmes and Weller. Motion passed. A motion was made by MICHAEL KLINGHAMMER to reconsider Council Bill 10906 for final passage. RON STIVISON seconded the motion. A roll call vote was taken, with the following  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2012 ______________________________________________________________________________ results: “Aye”: Klinghammer, Ohms, Reese, Stivison, West, Beckering, Besselman, and Feldman. “Nay”: None. Absent: Ohmes and Weller. Motion passed. A motion was made by MICHAEL KLINGHAMMER to amend Council Bill 10921 to transfer the balance in the Community Center fund in to CIP Reserves. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, and Klinghammer. “Nay”: None. Absent: Ohmes and Weller. Motion passed. Closed Session A roll call vote was taken to convene into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9), with the following results. “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Klinghammer. “Nay”: None. Absent: Weller and Ohmes. Motion passed. The Regular Council Meeting was adjourned at 8:03 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer