City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with Vice President of the Council Bridget Ohmes, presiding, The Honorable Mayor Sally A. Faith and the Members of the Council present as follows: Dave Beckering, Tom Besselman, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Mary West. Absent: Laurie Feldman, Jerry Reese and Michael Weller. City Clerk Laura L. Whitehead was present and performed the duties of that office. File #47942 The Honorable Sally A. Faith mentioned the passing of former Councilmember Reed Bronson; and asked everyone to remember his family in their thoughts and prayers. 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 WEST to excuse the absence of Council President Laurie Feldman, Councilmember Jerry Reese, and Councilmember Michael Weller. DAVE BECKERING seconded the motion. All voted in favor, motion passed. AWARDS/PROCLAMATIONS/PRESENTATIONS Recognition of Kuesel Excavating for Achieving the Dogwood Incentive for Green Credits on the New Town Project City Engineer Kevin Corwin presented a plaque to Michael Steiniger, President of Kuesel Excavating Co., Inc. for achieving the Dogwood Incentive for Green Credits on the New Town Boulevard Reconstruction Project. Shopping with the Saints – Scott Tate, President & CEO of the Greater St. Charles County Chamber of Commerce Presents Winners from the 2012 Shopping with the Saints Year-End Holiday “Shop Local” Campaign Scott Tate, President & CEO of the Greater St. Charles County Chamber of Commerce presented a $500.00 cash prize to winner Debbie DeSioux. Introduction of the Following Staff Members from the Park & Recreation Department: Nick Donze, Maintenance Superintendent; Mark Hollenberg, Cemetery Supervisor; Teresa Martchink, Recreation Coordinator; Missy Hollander, Aquatics Coordinator Maralee Britton, Director of Park & Recreation Department introduced Nick Donze, Mark Hollenberg, Teresa Martchink, and Missy Hollander. Each staff member provided a brief bio on their employment and educational backgrounds. PUBLIC COMMENT There were no public comments.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ RESOLUTIONS Resolution Authorizing the Offering for Sale of General Obligation Bonds of the City of St. Charles, Missouri (Sponsor: Laurie Feldman) Passed “Aye”: Beckering, Besselman, Herrmann, Ohmes, Ohms, Stivison, and West “Nay”: None Absent: Feldman, Reese and Weller Approved by the Honorable Mayor on January 15, 2013 and is known as Resolution 13-01 A Resolution of the City of St. Charles, Missouri, Accepting a Proposal for Underwriting; Selecting an Underwriter in Connection with the Proposed Issuance by the City of Certain Neighborhood Improvement District Limited General Obligation Refunding Bonds; and Acknowledging Certain Disclosures Pursuant to MSRB Rule G-17 (Sponsor: Laurie Feldman) Passed “Aye”: Beckering, Besselman, Herrmann, Ohmes, Ohms, Stivison, and West “Nay”: None Absent: Feldman, Reese and Weller Approved by the Honorable Mayor on January 15, 2013 and is known as Resolution 13-02 A Resolution Authorizing a Post Employment Health Plan Program for Eligible Employees of the City of St. Charles through Nationwide Retirement Solutions (Sponsor: Laurie Feldman) Passed “Aye”: Beckering, Besselman, Herrmann, Ohmes, Ohms, Stivison, and West “Nay”: None Absent: Feldman, Reese and Weller Approved by the Honorable Mayor on January 15, 2013 and is known as Resolution 13-03 BILLS FOR FINAL PASSAGE Bill 10939 (To be Withdrawn) An Ordinance Authorizing a Three-Year Contract with Melrose Pyrotechnics, Inc. for Providing Three Annual Fireworks Displays to be Held on July 4, 2013; July 3 and July 4, 2014; and July 3 and July 4, 2015 for a Total Contract Amount Not to Exceed $210,850.00 (Sponsor: Ron Stivison) Councilmember Ron Stivison withdrew Council Bill 10939 from final passage. File #47937 Bill 10940 (Supplemental RCA Attached) An Ordinance Authorizing Amendment No. 7 to the Contract with Environmental Management Corporation (EMC) for the Operation and Maintenance of the City's Wastewater Treatment Facilities (Sponsors: Dave Beckering, Laurie Feldman and Jerry Reese) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-014 Bill 10942 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.830 to Include Distilleries as an Accessory Use to a Restaurant Permitted Use in the “PD-RF” Planned Development Riverfront District (Sponsors: Mary Ann Ohms and Tom Besselman) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-015 Bill 10943 An Ordinance Authorizing an Easement Encroachment License with Falcons Way Townhomes, LP to Construct and Maintain a Retaining Wall on the Permanent Easement Located at or near 2471 through 2551 Falcons Way (Sponsors: Mary West and Dave Beckering) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-016 Bill 10944 An Ordinance Authorizing a Right-of-Way Encroachment License with Bike Stop Café for the Installation and Maintenance of Bike Racks, Signs, Flower Pots, Tables, Chairs, and Umbrellas Located on the Right of Way at or near 701 South Riverside Drive (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, and Bridget Ohmes) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-017 Bill 10945 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Extending Parking Restrictions Along the Cul-De-Sac Section of College Drive (Sponsors: Jerry Reese, Ron Stivison, Mary Ann Ohms, Tom Besselman, and Bridget Ohmes) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ Bill 10946 An Ordinance Authorizing an Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program (STP) Federal Funds for the Fifth Street Gateway Improvement and Enhancement Projects (Sponsors: Mary Ann Ohms and Tom Besselman) Councilmember Ton Besselman voiced concern relative to Council Bill 10946 and requested a separate vote on Council Bill 10946. A separate vote was taken on Council Bill 10946, with the following results: Passed “Aye”: Ohms, Stivison, West, Beckering, Herrmann, and Ohmes “Nay”: Besselman Absent: Reese, Weller, and Beckering Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-019 Bill 10947 An Ordinance Authorizing Supplemental Agreement No. 6 to the Engineering Services Contract with Donahue & Associates, Inc., for the Mississippi Wastewater Treatment Plant Improvements in an Amount of $6,420.00 for a Total Contract Amount Not to Exceed $1,880,620.50 (Sponsor: Jerry Reese) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-020 Bill 10948 An Ordinance Calling a General Obligation Bond Election in the City of Saint Charles, Missouri, for the Purpose of Issuing up to $3,800,000 General Obligation Bonds for the Purpose of Making Structural Repairs to and Rehabilitating the Public Parking Garage Adjacent to City Hall; Designating the Time of Holding Said Election; and Authorizing and Directing the City Clerk to Give Notice of Said Election (Sponsors: Laurie Feldman, Mary Ann Ohms, Tom Besselman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Ron Stivison, and Bridget Ohmes) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Herrmann “Nay”: None Absent: Reese, Weller, and Feldman Approved by the Honorable Mayor on January 15, 2013 and is known as Ordinance 13-021 BILLS FOR INTRODUCTION The following Council Bills were introduced with the exception of Council Bill 10941. Bill 10941 An Ordinance Rezoning to Zoning District O-I (Office Institution District )from Zoning District R-1E (Single-Family Residential District) an Approximate 1.34 Acre Parcel of Land Located on Lot 2 of The Dreher Subdivision at Muegge Road Addressed as 2323 Muegge Road (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ TOM BESSELMAN made a motion to hold Council Bill 10941. DAVE BECKERING seconded the motion. All voted in favor, motion passed. Bill 10950 An Ordinance Amending Section 230.030 of the Code of Ordinances Pertaining to Noise Control Prohibited Uses to Permit Trash Compactors with Noise Attenuating Covers (Sponsor: Jerry Reese) Bill 10951 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of General Obligation Bonds, Series 2013A, of the City of St. Charles, Missouri; Prescribing the Form and Details of the Bonds; Providing for the Levy and Collection of an Annual Tax for the Purpose of Paying the Principal of and Interest on the Bonds as they Become Due; and Authorizing Certain Other Documents and Actions In Connection Therewith (Sponsor: Laurie Feldman) Bill 10952 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of Not to Exceed $2,475,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Refunding Bonds (New Town At St. Charles – Phase One Improvements), Series 2013A, Not to Exceed $4,435,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Refunding Bonds (New Town At St. Charles – Phase Two Improvements), Series 2013B and Not to Exceed $1,860,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Refunding Bonds (New Town At St. Charles – Phase Three Improvements), Series 2013C of the City Of St. Charles, Missouri; Prescribing the Form and Details of Said Bonds; Providing for the Levy and Collection of Annual Assessments for the Purpose of Paying the Principal of and Interest on Said Bonds as they Become Due; and Authorizing Certain Other Documents and Actions In Connection Therewith (Sponsor: Laurie Feldman) Bill 10953 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 #7) (Sponsor: Laurie Feldman) Bill 10954 An Ordinance Amending Schedule III, Table III of Title III Traffic Code of the Code of Ordinances by Establishing a Taxi Cab Loading Zone on the North Side of Monroe Street Between Riverside Drive and Main Street (Sponsors: Jerry Reese, Tom Besselman, Bridget Ohmes, Mary Ann Ohms, and Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ Bill 10955 An Ordinance Amending Schedule III, Table III C of Title III Traffic Code of the Code of Ordinances by Establishing a 15-Minute Loading Zone on a Portion of the North Side of Jefferson Street Between Riverside Drive and Main Street (Sponsors: Jerry Reese, Tom Besselman, Bridget Ohmes, Mary Ann Ohms, and Ron Stivison) Bill 10956 An Ordinance Authorizing a Congestion Mitigation and Air Quality Agreement with the Missouri Highways and Transportation Commission to Receive Congestion Mitigation and Air Quality (CMAQ) Federal Funding for the SCAT Commuter Route Bus Replacement Project (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison, and Bridget Ohmes) Bill 10957 An Ordinance Authorizing an Intergovernmental Agreement Between the City of St. Charles, the City of St. Peters, the City of O’Fallon, the City of Lake St. Louis, the City of Wentzville and St. Charles County for the Receipt of Funding from the St. Charles County Transportation Sales Tax Funds for the Pavement Inventory and Rating Project (Sponsors: Mary Ann Ohmes, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison, and Bridget Ohmes) Bill 10958 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the Muegge Road at Mexico Road Traffic Flow Improvement Project (Sponsor: Jerry Reese) Bill 10959 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the Kingshighway Traffic Flow Improvement Project (Sponsor: Mary Ann Ohms and Ron Stivison) Bill 10960 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the Fifth Street Improvement Project (Ameristar Boulevard to Boone’s Lick Road) (Sponsor: Tom Besselman) Bill 10961 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the Harry S Truman Boulevard Improvement Project (West Clay Street to North of Ehlmann Road) (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ Bill 10962 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the West Clay Street Improvement Project (Duchesne Drive to White Gate Lane) (Sponsor: Ron Stivison) *Bill 10963 An Ordinance Authorizing a Three-Year Contract with Melrose Pyrotechnics, Inc. for Providing Three Annual Fireworks Displays to be Held on July 4, 2013; July 4, 2014; and July 4, 2015 for a Total Contract Amount Not to Exceed $137,850.00 (Sponsor: Ron Stivison) ITEMS FOR DISCUSSION Discussion Relative to Rescheduling the February 12, 2013, Council Work Session Due to the Missouri Municipal League Legislative Conference Council President Laurie Feldman reported several councilmembers will be attending the 2013 Missouri Municipal League Legislative Conference being held on February 12-13, 2013, in Jefferson City, Missouri. MARY WEST made a motion to reschedule the February 12, 2013, Council Work Session to be held on Tuesday, February 5, 2013 at 6:00 p.m. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Herrmann, Ohmes, and Ohmes. “Nay”: None. Absent: Reese, Weller, and Feldman. Motion passed. File #47938 CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Herrmann, Ohmes, and Ohms. “Nay”: None. Absent: Weller, Reese, and Feldman. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of December 18, 2012 File #47729 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes (none) 2. Approval of Council Committee Motions/Actions/Recommendations (none) C. Receipt of Reports from Boards, Commissions or Committees 1. Human Relations Commission Meeting of December 6, 2012  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ a. Motion to designate the St. Charles Human Relations Commission as a sponsor of the event b. Motion to amend the nomination guidelines to specify that an honoree may either live OR work in the city for the last 2 years File #47797 2. Board of Adjustment Meeting of December 3, 2012 3. Beautification Commission Meeting of November 7, 2012 a. Motion to spend up to $500 on the plaque for the Three Flags pocket park File #47740 4. Planning & Zoning Commission Meeting of November 26, 2012 File #47784 5. Landmarks Board Meeting of November 19, 2012 File #47770 D. Receipt of Reports of the Director of Administration 1. Authorization of Interim Pay for Brad Morse while Performing Partial Duties of Water Systems Manager in the Water Division of the Public Works Department File #47939 2. Notice of Emergency Purchase File #47940 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with World Wide Technology, Inc. for the Scheduled Replacement of (2) Two Dell PowerEdge R910 Servers in an Amount Not to Exceed $72,467.02 C13-019 2. Contract with Motorola Solutions, Inc. for Annual City Wide 800 MHZ Radio System and Related Components Maintenance Agreement from January 1, 2013 - December 31, 2013 in an Amount Not to Exceed $85,522.44 C13-021 3. Contract with St. Louis Post-Dispatch, LLC for Publication and Advertisement Services in an Amount Not to Exceed $96,300.00 C12-020 F. Preliminary Plats (none) G. Miscellaneous 1. Liquor License Application for Michael Coleman, d/b/a: Duchesne Bar & Grill, LLC, located at 1001 South Duchesne File #47935  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ 2. Report of Court Administrator of Monies Collected and Deposited During the Month of December 2012 File #47746 3. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law File #47936 REPORT OF THE MAYOR Budget Amendment # 7 (Council Bill 10953) The Honorable Mayor Sally A. Faith stated if any Councilmembers have questions relative to Council Bill 10953 (Budget Amendment #7), to please contact her Office to discuss. File#47941 Appointments to Boards/Commissions A motion was made by DAVE BECKERING to approve the following appointments: Audit Committee: Appointment of Jim Rau for a 3-year term ending in January, 2016 Appointment of Michele Graham for a 3-year term ending in January, 2012 Convention Center Oversight Committee: Appointment of Councilmember Bridget Ohmes to fill the unexpired term of Councilmember Michael Klinghammer RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Herrmann, Ohmes, Ohms, and Stivison. “Nay”: None. Absent: Weller, Feldman, and Reese. Motion passed. File #: 47959 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced upcoming events in the City of St. Charles and stated for more information to please visit the City’s website at www.historicstcharles.com. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council liaison to the Landmarks Board/Councilmember Dave Beckering advised the application to rehabilitate the historic building and to construct a new addition on the proposed banquet facility located at 1106 South Main Street (Case No. C/A 83-12) was approved at the Landmarks Board meeting held on January 14, 2013. Councilmember Tom Besselman announced Oak Grove Cemetery holds a lot of history which dates back to the 1800’s. For more information, please visit Oak Grove Cemetery at 2700 West Clay Street or call 636/724-2092.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 15, 2013 ______________________________________________________________________________ Veterans Commission liaison/Councilmember Ron Stivison also announced veterans of the war of 1812 are buried at Oak Grove Cemetery; and the Veterans Commission has applied to the United States Department of Veterans Affairs for headstones for these deceased veterans. Councilmember Tom Besselman and Councilmember Rod Herrmann announced the St. Charles Jr. Baseball/Softball Association has begun registration for the 2013 season. Council Vice President Bridget Ohmes announced the annual Dr. Martin Luther King, Jr. Community Prayer Service will be held this year at St. Charles Borromeo Catholic Church on Monday, January 21, 2013 at 7:00 p.m.; and the Human Relations Commission of St. Charles will present awards to the winners of the Foundry Art Center’s “I Have a Dream” Art Contest. Vice President Ohmes reported the art work for all contestants will be displayed in the rotunda at City Hall. 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), with the following results. “Aye”: West, Beckering, Besselman, Herrmann, Ohmes, Ohms, and Stivison. “Nay”: None. Absent: Feldman, Reese and Weller. Motion passed. The Regular Council Meeting was adjourned at 7:49 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer