City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, March 19, 2013 at 7:09 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, Jerry Reese, Ron Stivison, and Mary West. Absent: Mary Ann Ohms and Michael Weller. City Clerk Laura L. Whitehead was present and performed the duties of that office. File # 47942 A motion was made by BRIDGET OHMES to excuse Councilmember Mary Ann Ohms. DAVE BECKERING seconded the motion. All voted in favor, motion passed. The meeting was opened with the Invocation, those present standing in a moment of silence. Ben Jamison representing Boy Scout 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 REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of the following Fire Department Staff Members: Jamie Young, Training Officer and Craig Dodson, Battalion Chief Fire Chief Rick Daly introduced Jamie Young, Training Officer and Craig Dodson, Battalion Chief. Each staff member provided a brief bio on their employment, educational, and/or organizational membership backgrounds. Budget Amendment #3 (Council Bill 10999) The Honorable Mayor Sally A. Faith requested Councilmembers to contact Director of Administration Michael Spurgeon or her Office should they have any questions relative to proposed Budget Amendment #3 (Council Bill 10999) File #47983 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith reported April 2, 2013 is Election Day; and introduced Director of Media Carol Felzien who presented an educational video on the proposed bond issue Proposition R – Repair & Renovate which will be listed on the April 2, 2013 ballot.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ PUBLIC COMMENT Bill T. Davis, 1946 Sibley, St. Charles, Missouri, addressed the Council relative to city issues. Brenda Clements, 2310 Elm Street, St. Charles, Missouri, addressed the Council relative to the “Clean up your Language” campaign; and March being designated as Developmental Disabilities Awareness Month. RESOLUTIONS A Resolution Encouraging Residents of the City of St. Charles to Participate in Earth Hour on Saturday, March 23, 2013 from 8:30 pm to 9:30 p.m. Passed “Aye”: Feldman, Herrmann, Ohmes, Reese, Stivison, West, Beckering, and Besselman “Nay”: None Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Resolution 13-09 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Herrmann, Ohmes, Reese, Stivison, West, Beckering, Besselman, and Feldman “Nay”: None Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-062 Bill 10992 An Ordinance Approving Meyer Investment Subdivision, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Reese, Stivison, West, Beckering, Besselman, and Feldman “Nay”: None Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-063 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 19, 2013 ______________________________________________________________________________ Councilmember Tom Besselman voiced concern relative to Council Bill 10993; and requested a separate vote. A separate vote was taken on Council Bill 10993 with the following results: Passed “Aye”: Ohmes, Reese, Stivison, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: Besselman Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-064 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) Councilmember Tom Besselman voiced concern relative to Council Bill 10994; and requested a separate vote on Council Bill 10994. A separate vote was taken on Council Bill 10994 with the following results: Passed “Aye”: Reese, Stivison, West, Beckering, Feldman, Herrmann, and Ohmes “Nay”: Besselman Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-065 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) Passed “Aye”: Herrmann, Ohmes, Reese, Stivison, West, Beckering, Besselman, and Feldman “Nay”: None Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-66 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) Passed “Aye”: Herrmann, Ohmes, Reese, Stivison, West, Beckering, Besselman, and Feldman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ Absent: Ohms and Weller Approved by the Honorable Mayor on March 20, 2013 and is known as Ordinance 13-067 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 10997 An Ordinance Amending Section 335.020 of the Code of Ordinances of the City of St. Charles, Missouri Pertaining to the Use of Lights and Sirens to Ensure Conformity with Missouri Law Relative to Stationary Vehicles Owned by the State Highways and Transportation Commission Displaying Lighted Amber or Amber and White Lights (Sponsor: Ron Stivison) Bill 10998 An Ordinance Amending Section 215.060 of the Code of Ordinances of the City of St. Charles, Missouri Pertaining to Carrying Concealed Weapons to Ensure Conformity with Missouri Law Relative to the Rights of Persons Over Eighteen Years of Age Who are Members of the United States Armed Forces, or Who have been Honorably Discharged from the United States Armed Forces (Sponsor: Ron Stivison) Bill 10999 An Ordinance Amending Ordinance Number 12-239 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2013 (Budget Amendment #3) (Sponsor: Laurie Feldman) Bill 11000 An Ordinance Amending Section 120.050 of the Code of Ordinances of the City of St. Charles, Missouri to Establish Two Additional Divisions Within the Department of Community Development (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison, and Bridget Ohmes) Bill 11001 An Ordinance Repealing Ordinance No. 13-001 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Unrepresented Employees; to Reclassify the Positions of Deputy Fire Chief from Grade B (exempt) to Grade A (exempt), Battalion Chief from Grade D (exempt) to Grade B (exempt), Chief Training Officer from Grade E (exempt) to Grade C (exempt) and Chief Medical Officer from Grade E (exempt) to Grade C (exempt) (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison, and Bridget Ohmes)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ Bill 11002 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Cooperative Marketing Program, for the FY 2014 Destination Advertising Grant; and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsor: Ron Stivison) Bill 11003 An Ordinance Authorizing the Mayor and City Clerk to Execute a Fee Simple Deed (Robert K. and Mary A. Garner – 3675 Hawning Road) (Sponsor: Laurie Feldman) Bill 11004 An Ordinance Authorizing a Right-of-Way Encroachment License with Michael Wiegmann to Construct and Maintain a Monitoring Well on the Right of Way Located at or Near the Intersection of North Second Street and Tecumseh Street (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison, and Tom Besselman) Bill 11005 An Ordinance Declaring One 2001 Smeal Pumper Fire Truck and One 2004 Smeal 100 Foot Platform Fire Truck as Surplus and Authorizing Disposal of Both by Trade-In; Authorizing the Acquisition by Lease of One 2013 Pierce Dash CF 75’ Aerial Ladder Truck and One 2013 Pierce Dash CF PUC Rescue Pumper through the HGAC Cooperative Purchasing Program; Authorization to Enter into a Purchase Contract and Lease-Purchase Agreement with Oshkosh Capital in Total Monetary Payments Not to Exceed $848,117.69; and Authorizing and Granting Continuing Authority to the Mayor and City Clerk (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Ron Stivison, Rod Herrmann, and Bridget Ohmes) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion and Approval of a Voluntary “Dollar More” Program for City Water Bills to Benefit Meals on Wheels Councilmember Jerry Reese spoke in favor of the Meals on Wheels Program; and requested the Council to consider adopting the Meals on Wheels Program for the residents of the City of St. Charles. Discussed occurred. It was the consensus of the full Council to forward this item to the April 9, 2013, Council Work Session for further discussion. It was also recommended Administration contact the City of St. Peters, Missouri to obtain information regarding the Meals on Wheels Program that has been implemented in their City. File #47984 CONSENT AGENDA Councilmember Dave Beckering requested to remove Consent Agenda Item 10G4 Approval of Renewal Valet Parking Zone Permit for Quintessential Dining & Nightlife at 149 North Main Street from the Consent Agenda.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ A motion was made by JERRY REESE to approve the Consent Agenda balance. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Herrmann and Ohmes. “Nay”: None. Absent: Weller and Ohms. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of March 5, 2013 2. Public Hearing of March 5, 2013 File #47985 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of March 5, 2013 File #47949 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of March 5, 2013 C. Receipt of Reports from Boards, Commissions, or Committees 1. Special Business District Advisory Board Meeting of February 7, 2013 a. Motion to approve the 2013 Budget Report b. Motion to purchase the trash containers from Florissant Iron Works if the bid for the top-of-the-line, low maintenance, duplex finish is lower than the other two bids received File #47962 2. Human Relations Commission Meeting of February 7, 2013 a. Motion to approve the following 2013 Commissioners: President – Pam Coaxum; Secretary – Pat Porterfield; and Vice President – Mary Harrison File #47974 3. Board of Public Works Meeting of January 7, 2013 a. Motion to nominate Jeff Ohmes as Chairman and Perry Pryor as Vice-Chairman b. Motion to recommend acceptance of the Easement Encroachment License at 2471 through 2551 Falcons Way c. Motion to table agenda item: 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 File #47986  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration 1. Authorization to send Request for Proposals to four (4) firms for Contract Wastewater Operations File #47987 2. Authorization to Fill Vacant Position/Restructuring in the Finance Department File #47988 3. Authorization to Fill Vacant Position in the Police Department File #47989 4. Authorization to Fill Vacant Position in the Media Department File #47990 5. Authorization to Fill Vacant Position in the Convention and Visitors Bureau File #47991 6. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 for the Month of February, 2013 File #47977 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with HR Green, Inc. for the Design of a Replacement Standby Electrical Generator at the Sandfort Creek Lift Station and the Replacement of a Transformer and Panel Board at the Mississippi Waste Water Treatment Facility in the Amount not to exceed $79,980.00 C13-168 2. First renewal contract with Broyles Lawn Service LLC for City-Wide Mowing Services in an Amount not to exceed $70,600.00 C12-163 3. Contract with Burns & McDonnell Engineering Company, Inc. to Provide a Financial Analysis of Self Perform Wastewater Operations for the City of St. Charles in an Amount not to exceed $48,600.00 C13-167 4. Contract with Crawford, Murphy & Tilly (CMT), Inc. to Perform a Capacity, Management, Operations and Maintenance (CMOM) Program Audit for the City of St. Charles in an Amount not to exceed $43,000.00 C13-166 5. Contract with Sprint Solutions for City-Wide Cellular Services in an Amount not to exceed $58,875.00 C13-164 6. Contract with AT&T Mobility National Accounts, LLC for City-Wide Cellular Services in an Amount not to exceed $31,725.00 C13-165 F. Preliminary Plats (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ G. Miscellaneous 1. Approval of Home Improvement Loan and Sewer Lateral Repair Insurance Program Co-Payment Grants File #47992 2. Approval of Liquor License Application for Ted Maglaris, d/b/a: Prasino, located at 1520 S. Fifth Street File #47935 3. Approval of Liquor License Application for William S. Olwig, d/b/a: Missouri Mercantile located 419 S. Main Street File #47935 4. Approval of Renewal Valet Parking Zone Permit for Quintessential Dining & Nightlife at 149 North Main Street REMOVED FROM CONSENT AGENDA 5. Report of Court Administrator of Monies Collected and Deposited During the Month of February, 2013 File #47968 ITEMS REMOVED FROM CONSENT AGENDA Councilmember Dave Beckering voiced concern relative to Consent Agenda Item 10G4 Approval of Renewal Valet Parking Zone Permit for Quintessential Dining & Nightlife at 149 North Main Street; and recommended a meeting with the appropriate staff members to review the renewal application. It was the consensus of the Council to refer this item to the April 2, 2013, Regular Council Meeting. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese announced the City of St. Charles Fire Department will be donating a defibrillator to the VFW Hall which is located on Diekamp Lane in St. Charles, Missouri. Councilmember Jerry Reese invited the Councilmembers to lunch at the St. Charles Senior Center located at 1455 Fairgrounds Road. Lunch begins at 10:30 a.m. Councilmember Bridget Ohmes reported the Parkside Retirement Living ribbon cutting and tour was held today to announce their new Memory Care facilities. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following Closed Session Minutes: A. Council Work Session of March 5, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 6:30 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 19, 2013 ______________________________________________________________________________ RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Reese. “Nay”: None. Absent: Weller and Ohms. Motion passed. The Regular Council Meeting was adjourned at 8:07 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer