City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, March 5, 2013 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, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison, Michael Weller, and Mary West. Absent: None. City Clerk Laura L. Whitehead was present and performed the duties of that office. File # 47942 The meeting was opened with the Invocation, those present standing in a moment of silence. Boy Scout Ben Jamison from Troop 970 led the Pledge of Allegiance to the Flag. 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. Draft Consolidated Annual Performance and Evaluation Report (CAPER) for use of the 2012 Community Development Block Grant Funds (CDBG) funded by the U.S. Department and Urban Development (HUD) and to allow Citizens the Opportunity to Review and Comment on the Report B. Case No. CU-12-13. (The Vine Wine Bar & Bistro – Michael Gatto). An application for a Conditional Use Permit from §400.330(C)(1) for the Performance of Live Music in a Restaurant within the HCD Historic Commercial District and SMPD South Main Preservation District, specifically to permit live music inside and outside of the business at 325 South Main Street. The subject property is 0.12 acres and is located in Ward 2 (RCA Attached) C. Case No. CU-13-13. (Jayne Norris). An application for a Conditional Use Permit from §400.480(C) for Temporary Retail Sales within the CBD Central Business District, specifically to operate an Italian Ice concession stand on a seasonal basis at 517 North Fifth Street. The subject property is 0.40 acres and is located in Ward 1 (RCA Attached) D. Case No. CU-14-13. (Well Properties – Jacob Illy & Jim Wetter). An application for a Conditional Use Permit from §400.240(C)(1)(a) for outdoor storage within the I-1 Light Industrial District, specifically to approve the storage of boats, recreational vehicles and campers at 130 Fox Hill Road. The subject property is 1.71 acres and is located in Ward 1 (RCA Attached) E. Case No. Z-01-13. An application to amend the previously approved Development Plan and Development Ordinance for the Waterworks Planned Development within the PD-RF Planned Development-Riverfront District.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ Specifically, to amend the ordinance and plan to include alcohol distilling within an existing restaurant for the property at 1200 South Main Street. The subject property is 0.23 acres and is located in Ward 2 (RCA Attached – Tabled at the February 25, 2013, Planning & Zoning Commission Meeting; therefore, item to be Tabled to the April 2, 2013, Regular Council Meeting) AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of the following Community Development Department staff members: Johnny Benish, Code Enforcement Manager; Greg Tate, Building Code Official; Chuck Lovelace, GIS Coordinator; and Anita Telkamp, CDBG Administrator Director of Community Development Bruce Evans introduced Anita Telkamp, CDBG Administrator; Greg Tate, Building Code Official; Johnny Benish, Code Enforcement Manager; and Chuck Lovelace, GIS Coordinator. Each staff member provided a brief bio on their employment, educational, and/or organizational membership backgrounds. PUBLIC COMMENT RELATIVE TO AGENDA ITEMS There were no public comments. RESOLUTIONS A Resolution Authorizing Scope Revision to Project Applications Submitted to the East- West Gateway Council of Governments and the St. Charles County Road Board Relative to the Fifth Street Reconstruction Project (Boones Lick Road to First Capitol Drive) (Sponsors: Jerry Reese, Mary Ann Ohms, Bridget Ohmes, Ron Stivison and Laurie Feldman) Council President Laurie Feldman requested to have her name added as a sponsor. Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Feldman, and Herrmann “Nay”: Besselman Absent: None Approved by the Honorable Mayor on March 7, 2013 and is known as Resolution 13-07 A Resolution Declaring One 2004 John Deere 410G Backhoe/Loader as Surplus Property; Authorizing Disposal by Trade-in Toward Purchase of a Replacement Backhoe/Loader; and Authoring the Mayor to Execute the Appropriate Documents to Transfer Title (Sponsor: Jerry Reese) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on March 7, 2013 and is known as Resolution 13-08  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 10981 An Ordinance Authorizing Acceptance of the Vacuum Sanitary Sewer System Including Vacuum Main, Vacuum Canisters and Their Appurtenances at The New Town at St. Charles; Authorizing Execution of a Fifth Amendment to a Development Agreement; and Authorizing Execution of an Assignment and Assumption of Contract (Sponsors: Rod Herrmann and Jerry Reese) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-052 Bill 10982 An Ordinance Authorizing an Organized Crime Drug Enforcement Task Forces Agreement 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 February 1, 2013 to September 30, 2013 (Sponsor: Ron Stivison) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-053 Bill 10983 An Ordinance Approving Costs of Certain Improvements and Authorizing Payments from the Project Fund in Connection with Phase Two-B Improvements of the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District (Sponsor: Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 7, 2013 and is known as Ordinance 13-054 Bill 10984 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 Extension Project (First Capitol Drive to Boone Avenue) (Sponsor: Mary Ann Ohms) Councilmember Tom Besselman requested a separate vote on Council Bill 10984. Passed “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on March 7, 2013 and is known as Ordinance 13-055 Bill 10985 An Ordinance Authorizing a Right-of-Way Encroachment License Agreement with Prasino for the Construction, Operation and Maintenance of a Sidewalk Café Located at 1520 South Fifth Street (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison, Tom Besselman, and Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-056 Bill 10986 An Ordinance Authorizing a Right-of-Way Encroachment License Agreement with Tucanos for the Construction, Operation and Maintenance of a Sidewalk Café Located at 1520 South Fifth Street, Suite 100 (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison, Tom Besselman, and Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-057 Bill 10987 An Ordinance Authorizing a Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime for the Water Division in an Amount Not to Exceed $400,000.00 (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-058 Bill 10988 An Ordinance Amending Sections 600.290 of the Code of Ordinances Pertaining to Restrictions on Package Sales Licenses (Sponsors: Laurie Feldman and Bridget Ohmes) Councilmember Tom Besselman requested a separate vote on Council Bill 10988. Passed “Aye”: Weller, West, Beckering, Feldman, Herrmann, Ohmes, Ohms, Reese, and Stivison “Nay”: Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-059 Bill 10989 An Ordinance Authorizing a Right-of-Way Encroachment License with Pharmacia LLC for the Installation and Monitoring of Six Groundwater Piezometers Located Within the Right of Way At or Near Huster Road and Highway 370 (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-060 Bill 10990 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Riverview Lift Station Replacement Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on March 10, 2013 and is known as Ordinance 13-061 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 10991 An Ordinance Authorizing a Mutual/Automatic Aid Agreement By and Between the Wentzville Fire Protection District and City of St. Charles to Provide Fire Service Equipment, Personnel and Other Resources For the Protection of Life and Property During Natural Disasters and Other Emergencies (Sponsor: Laurie Feldman) Bill 10992 An Ordinance Approving Meyer Investment Subdivision, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 10993 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 Located Between Boone’s Lick Road and First Capitol Drive (Sponsors: Jerry Reese, Mary Ann Ohms, Bridget Ohmes and Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ Bill 10994 An Ordinance Authorizing a Professional Services Contract with Crawford, Murphy and Tilly, Inc. (CMT) for the Design of the Fifth Street Gateway Improvement and Enhancement Project in an Amount Not to Exceed $577,521.84 (Sponsors: Jerry Reese, Mary Ann Ohms, Bridget Ohmes and Ron Stivison) Bill 10995 An Ordinance Authorizing a Contract with Landvatter Ready Mix, Inc. for Ready-Mix Concrete Supply Services for Public Works - Street Division in an Amount Not to Exceed $125,000.00 (Sponsor: Jerry Reese) Bill 10996 An Ordinance Authorizing Contract Amendment Number 2 with Aerotek Inc. to Provide Temporary Contract Project Managers for the City of St. Charles to Assist the Public Works Department Manage Wastewater and Water Infrastructure Construction Projects in an Amount of $120,000.00, for a Total Contract Amount Not to Exceed $313,847.23 (Sponsor: Jerry Reese) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Sponsoring the National Prescription Take-Back Event to Be held on Saturday, April 27, 2013 Councilmember Jerry Reese provided an update relative to the National Prescription Take Back Event being held on April 27, 2013 at the Criminal Justice Center. A motion was made by JERRY REESE requesting all Councilmembers to support/sponsor this event. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, and Stivison. “Nay”: None. Absent: Weller. Motion passed. CONSENT AGENDA A motion was made by BRIDGET OHMES to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, and West. “Nay”: None. Absent: Weller. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of February 19, 2013 2. Public Hearing of February 19, 2013 File #47973 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of February 19, 2013 File #47950  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ b. Special Street Committee Meeting of February 26, 2013 File #47950 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of February 19, 2013 i. Motion to accept staff recommendation to approve submittal of applications with the East West Gateway Council of Governments for Grants under the FY 2014- 2017 Transportation Improvement Program ii. Motion to add a comprehensive curb and gutter program for all wards within the City that includes a need-based scoring system with study funding for 2015 and total program funding as future consideration iii. Motion to approve staff’s request of this year’s update to the Long Range Transportation Plan iv. Motion to accept staff recommendation and send letter to East West Gateway notifying them that the City no longer wishes to pursue the short term improvement project due to the County’s desire to construct more cost effective long term improvements v. Motion to accept staff recommendation to approve a Right- of-Way Encroachment License for Prasino located at 1520 S. Fifth Street Ste. 110 vi. Motion to accept staff recommendation to approve a Right- of-Way Encroachment License for Tucanos located at 1520 S. Fifth Street Ste. 100 vii. Motion to accept staff recommendation and replace the existing one (1) hour parking signs on the east side of the 200 block of North Second Street to reflect two (2) hour parking per Ordinance 82-7 viii. Motion to approve the installation of five (5) streetlights within Wolf Hollow Court, Wood Eagles Court and three (3) midblock locations along Wood Eagles Drive ix. Motion to approve the installation of a streetlight at the northwest corner of Town West Drive and Hunting Manor Drive b. Special Street Committee Meeting of February 26, 2013 i. Motion to accept the Mayor’s recommendation to move forward with the revised project scope which outlines the Fifth Street Gateway Improvement and Enhancement Project to be constructed as a four (4) lane cross section for vehicles, with previously proposed bike lanes being  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ constructed on an adjacent roadway parallel to Fifth Street C. Receipt of Reports from Boards, Commissions, or Committees 1. Arts and Culture Commission Meeting of November 5, 2012 a. Motion to approve the $2500 requested for a 2nd St. Charles Riverfront Artist, Adult/Young Artist Workshop b. Motion was proposed relative to the following changes to the Rules Governing Grants: 1). Item 5, second sentence, change to read “City shall disburse fifty percent (50%) upon execution of the contract and shall disburse the remaining fifty percent (50%) upon receipt of a complete accounting of income and expenses relative to each event, along with all receipts and invoices for money spent pursuant to the contract”; and 2). Add item 52, in bold type: If complete financial account is not submitted, remaining funds will be forfeited File #47736 2. Human Relations Commission Meeting of January 3, 2013 a. Motion to select Officer Paul Yadloski as the 2013 recipient to the Human Relations Award File #47974 3. Veteran’s Commission Meeting of January 14, 2013 File #47975 4. Landmarks Board Meeting of January 14, 2013 File #47951 5. St. Charles Park & Recreation Board Meeting of February 6, 2013 File #47952 6. Planning & Zoning Commission Meeting of January 28, 2013 File #47976 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 for the Month of December 2012 File #47743 2. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 for the Month of January 2013 File #47977 3. Authorization to Fill Vacant Position in Convention & Visitors Bureau File #47978 4. Authorization to Extend Interim Pay for Brad Morse while Performing Partial Duties of Water Systems Manager in the Water Division of the Public Works Department File #47979  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with World Wide Technology, Inc. for Twenty (20) Panasonic Toughbook 10.1” LED Notebooks and Related Accessories in an Amount not to exceed $80,286.20 C13-146 2. Addendum to Contract with New World Corporation for Annual Software Maintenance of the Software Modules, from April 1, 2013 through March 31, 2014, in an Amount not to exceed $84,610.00 C09-698 3. Agreement with SCI Engineering, Inc. (SCI) for Testing Services in an Amount not to exceed $99,500.00 C13-147 4. Contract Amendment #1 with Aerotek, Inc. for an Additional Temporary Contract Manager to Assist the Public Works Department Manage Wastewater/Water Related Infrastructure Projects in an Amount of $58,000.00, for a Total Contract Amount not to exceed $98,000.00 C12-526 *5. Contract with Erb Equipment Company, Inc. for the Purchase of One (1) John Deere 410K Backhoe Loader, a 2013 NPK Model GH-4 Hydraulic Hammer, a Hydraulic Tool Circuit for Backhoe Boom, and a $42,000 Trade-in Credit for the City’s 2004 John Deere 410G in an Amount Not to Exceed $65,308.00 C13-114 F. Preliminary Plats 1. Meyer Investment Subdivision File #47980 G. Miscellaneous 1. Amendment to Council Rule 13(A) Relative to Order for Regular Council Meeting Agendas and Addition of Council Rule 47 Relative to City Clerk’s Performance Based Evaluations File #47981 2. Approval of Liquor License Application for Maralee Britton, d/b/a: Mueller Soccer Complex, located at 3801 Mueller Road (Stand #1) File #47935 3. Approval of Liquor License Application for Maralee Britton, d/b/a: Mueller Soccer Complex, located at 3801 Mueller Road (Stand #2) File #47935  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ 4. Approval of Liquor License Application for Donald Bradford, d/b/a: Charlie’s Bar & Grill, located at 2198 First Capitol Drive (Adding Sunday License) File #47935 5. January Investment Report File #47982 REPORT OF THE MAYOR Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: CITY-COUNTY LIBRARY BOARD:  Appointment of Gail Zumwalt for a 3-year term ending in March, 2016 BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, West, and Beckering. “Nay”: None. Absent: Weller. Motion passed. File #47959 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced the Moolah Shriner Circus Parade will be held this Saturday at Noon on Main Street in downtown St. Charles; and the Moolah Shriner Circus will be held at the Family Arena March 21-24, 2013. Mayor Faith also announced the Mayor’s Charity Ball Event will be held this Saturday, March 9, 2013 at the St. Charles Convention Center. Mayor Faith requested anyone interested in the City’s upcoming events to please visit www.historicstcharles.com. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Dave Beckering announced the 30th Annual Awards Banquet for the St. Charles County Amateur Sports Hall of Fame is being held on Saturday, March 23, 2013, and for tickets to contact him at 636/949-2027; and announced Pat Beilsmith of St. Charles will be inducted in the St. Louis Sports Hall of Fame. Council President Laurie Feldman announced Mayor Sally Faith was recognized at the Connections to Success 2nd Annual Tribute to Success a Celebration of Women Event today; and also recognized Council Member Mary West for her dedication to the Connections to Success organization. Council Member Mary West announced Connections to Success is located in Ward One of the City of St. Charles. If interested in volunteering, please visit their location at 1701 N. Second Street, St. Charles, Missouri or visit their website at www.connectionstocussess.org.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2013 ______________________________________________________________________________ Council President Laurie Feldman announced Tucano’s Brazilian Grill located at 1520 S. Fifth Street at the Street of St. Charles is now open. The Regular Council Meeting was adjourned at 7:51 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer