City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, April 2, 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, followed by 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. 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. 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 B. Case No. Z-02-13 (Sydney M. Kurtz). An application to rezone a parcel of land situated between Boschertown Road and North Highway 94 at 3445 North Highway 94 from PD-MU Planned Development-Mixed Use District to A Agricultural District. The parcel is currently a part of the New Town at St. Charles development and contains approximately 35.3 acres (Parcel ID: 5- 116D-0009-00-0002.0000000). The subject property is located in Ward One C. Case No. Z-03-13 An application to amend the previously approved Development Plan and Development Ordinance for the New Town at St. Charles within the PD-MU Planned Development-Mixed Use District. Specifically, to amend the development plan and ordinance to remove the property located at 3445 North Highway 94 from the boundaries established as a part of the district. The subject property is 35.3 acres and is located in Ward One D. Case No. CU-15-13 (Sydney M. Kurtz). An application for a Conditional Use Permit from §400.140(D)(1)(j) for Excavation within the A Agricultural District, specifically to operate a topsoil excavation and storage business at 3445 North Highway 94. The subject property is 35.3 acres and is located in Ward One E. Case No. CU-16-13 (Wade Civey). An application for a Conditional Use Permit from §400.760(C) for a new nonconforming use permit within the R-1E Single- Family Residential District, specifically to approve a change from a transmission  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ parts private storage facility to a new automotive repair and private storage business at 425 Transit Street. The subject property is 0.32 acres and is located in Ward One REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced upcoming events taking place in the City of St. Charles. For more information on upcoming events, visit www.historicstcharles.com; Clean Stream is scheduled for Saturday, April 6, 8:30 a.m. – Noon. To register for this event, contact the Department of Public Works at 636/949-3237; and “2nd Thursdays” at the Foundry will take place from 5:30 p.m. – 9:30 p.m. on the second Thursday of each month, beginning Thursday, April 11th through Thursday, October 10th, 2013. For more information, visit www.foundryartcentrer.org. PUBLIC COMMENT There were no public comments. BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-068 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-069  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-070 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-071 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-072 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-073 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-074 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-075 Bill 11005 An Ordinance Declaring One 2001 Central States Pumper Fire Truck and One 2006 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) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on April 3, 2013 and is known as Ordinance 13-076  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11006 An Ordinance Approving the Record Plat for Resubdivision of Lot 2B of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11007 An Ordinance Approving the Record Plat for Resubdivision of Lot 9 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11008 An Ordinance Authorizing a Contract with TGB, Inc. for the Installation of Fiber Optic Cable from the Criminal Justice Center to Fire Station #1 and City Hall in an Amount Not to Exceed $188,483.75 (Sponsors: Ron Stivison and Mike Weller) Councilmember Rod Herrmann voiced concern relative to a City project completed by TGB, Inc.; more specifically, the number of change orders to the original agreement. Director of Information Technology Matthew Seeds reported a summary of references and any other municipal projects completed/performed by TGB, Inc. will be forwarded to the full Council prior to the April 16, 2013, Regular Council Meeting. Bill 11009 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and the Lincoln County Sheriff’s Department to Furnish, Deliver and Provide Housing for Prisoners of the St. Charles Municipal Court in an Amount Not to Exceed $10,000.00 (Sponsor: Laurie Feldman) Bill 11010 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and the St. Charles County Department of Corrections to Furnish, Deliver and Provide Housing for Prisoners of the St. Charles Municipal Court in an Amount not to Exceed $10,000.00 (Sponsor: Laurie Feldman) Bill 11011 An Ordinance Authorizing a Contract with Sweetens Concrete Services, LLC for the Crack Seal Project 2013 in an Amount Not to Exceed $100,000.00 (Sponsor: Laurie Feldman) Bill 11012 An Ordinance Authorizing a Contract with Ford Asphalt Company, Inc. for the Annual Overlay Project 2013 in an Amount Not to Exceed $922,500.00 (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ Bill 11013 An Ordinance Authorizing a Right-of-Way Encroachment License with Sheri Steffens to Construct and Maintain a Private Entrance/Driveway Within the Barbour Street Right of Way for Property Located at 1106 South Main Street (Sponsors: Jerry Reese and Mary Ann Ohms) Councilmember Tom Besselman voiced concern relative to Council Bill 11013. Discussion occurred relative to the encroachment area and the request for an exemption from City Code Section 505.300. It was reported Council Bill 11013 will be placed on the April 9, 2013 Street Committee agenda for discussion and action; prior to final passage of Council Bill 11013 on April 16, 2013. Bill 11014 An Ordinance Authorizing a Cooperation Agreement Between the City of St. Charles and SM Properties UV, LLC for the University Commons Project (Sponsors: Mary Ann Ohms and Tom Besselman) Bill 11015 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: Tom Besselman and Mary Ann Ohms) Bill 11016 An Ordinance Authorizing a Second Amendment to a Planned Development Mixed Use Development Agreement between the City of St. Charles, Missouri and The DESCO Group, Inc., for the West Clay Extension Redevelopment Project (Sponsors: Tom Besselman and Mary Ann Ohms) CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, and Besselman. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of March 19, 2013 2. Public Hearing of March 19, 2013 File #47993 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ a. Street Committee Meeting of March 12, 2013 File #47950 b. Council Work Session of March 12, 2013 File #47949 c. Council Work Session of March 19, 2013 File #47949 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of March 12, 2013 i. Motion to select Option B, The property owner is required to make repairs to all of a driveway including sidewalk, as presented by staff relative to the sidewalk repair policy ii. Public Works staff to research the possibility of entering into contracting with the individual homeowners associations to have their respective snow removal contractors proceed to clean the streets as they are clearing driveways within the subdivision during a snow event and to bring back a recommendation to the Street Committee late spring/early summer 2013 for discussion iii. Motion to accept staff recommendation to approve a Right-of-Way Encroachment License for Michael Wiegmann near the intersection of N. Second Street and Tecumseh Street for the purpose of installing monitoring wells as required by the Environmental Protection Agency iv. Summer 2013 include in the Monthly Maintenance Project Update item relative to contacting utility companies prior to overlay of streets b. Council Work Session of March 12, 2013 i. Motion to approve Master Plan Concept D and to approve Conceptual Cost 1.b and to include Conceptual Cost 1.c as a bid alternative ii. Motion to approve the purchase of a speaker/sound system in the amount of $2,275.00 and to authorize the payment to be made from the Council Directives account c. Council Work Session of March 19, 2013 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Senior Citizens Advisory Commission Meeting of January 15, 2013 File #47994 2. Senior Citizens Advisory Commission Meeting of February 19, 2013 a. Motion to elect C.J. Evans a Chairman of the Senior Citizens Advisory Commission  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ b. Motion to elect Mary Kay Morse as Vice Chairman of the Senior Citizens Advisory Commission File #47994 3. Beautification Commission Meeting of January 9, 2013 File #47995 4. Landmarks Board Meeting of February 11, 2013 File #47951 5. Veterans Commission Meeting of February 11, 2013 a. Motion to approve plan for a “Watchfire” for POW/MIA Remembrance Day, Friday, September 20, 2013 File #47975 6. Board of Public Works Meeting of February 11, 2013 a. Motion to recommend approval to negotiate Professional Services Agreement with Crawford, Murphy & Tilley, Inc. to conduct a CMOM Audit b. Motion to recommend approval to negotiate with Burns & McDonnell a Professional Services Agreement to perform Financial Analysis to Self Perform Wastewater Operations c. Motion to recommend approval to negotiate with H R Green a Professional Services Agreement for Standby Electrical Generator at Sandfort Creek Lift Station and Transformer and Panel Board at the Mississippi Wastewater Treatment Plant d. Motion to recommend entering into a Right-of-Way Encroachment License with Pharmacia Corporation for installation and monitoring of groundwater Piezometers e. Motion to recommend approval of the renewal contract with Mississippi Lime for Hydrated Lime in an amount not to exceed $400,000.00 f. Motion to recommend acceptance of the Cod Revisions/Additions to Chapter 705 (Sewer and Sewage Disposal) g. Motion to recommend authorization to acquire easements required for the Riverview Lift Station Replacement Project h. Motion to bring this item (New Town LLC water line relocation recoupment costs) back in March and ask that a representative from New Town LLC be at the meeting to answer questions from the Board File #47986 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Supplemental Agreement Number 1 to the Engineering Services contract BAX Engineering Co. in an amount not to exceed $15,517.50 for  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 2, 2013 ______________________________________________________________________________ Additional Design and Surveying Services to Complete the Design of 300 Water Street Sewer Repair C11-411 2. Amendment Number 1 to Contract with Lewis, Rice, Fingersh, LC through Attorney Neal Perryman for Legal Services Related to Labor Negotiations with the St. Charles Police Officers Association in an Amount of $15,000.00 for a Total Amount Not to Exceed $45,000.00 C12-302 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Renewal Valet Parking Zone Permit for Quintessential Dining & Nightlife at 149 North Main Street (Supplemental RCA Attached) File #47996 2. Approval of Liquor License Application for Steven Koetting, d/b/a: Fifth Street BP located at 1340 S. Fifth Street File #47997 ITEMS REMOVED FROM CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese announced the Prescription Drug Take Back Program/Event will be held on Saturday, April 27, 2013 from 10:00 a.m. – 2:00 p.m. at the Criminal Justice Center located at 1781 Zumbehl Road. APPROVAL OF CLOSED MINUTES Council President Laurie Feldman announced the following Closed Session Minutes will be held and placed on the April 16, 2013, Regular Council Meeting agenda for approval. A. Council Work Session of March 19, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 6:30 p.m. The Regular Council Meeting was adjourned at 7:32 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer