City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, April 16, 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: Tom Besselman, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison, and Mary West. Absent: Dave Beckering and Michael Weller. Assistant City Clerk Kimberly S. Hudson was present and performed the duties of that office. File # 47942 A motion was made by MARY ANN OHMS to excuse Councilmembers Dave Beckering and Michael Weller. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS Introduction of Convention & Visitors Bureau Staff Members: Karen Godfrey and Cyndy Garrett, Special Event Coordinators Director of Economic Development/Tourism David Leezer introduced Karen Godfrey and Cyndy Garrett, Special Event Coordinators with the Convention and Visitors Bureau. Each staff member provided a brief bio on their employment, educational, and/or organizational membership backgrounds. Introduction of Hardin Middle School Student: Benjamin Rael The Honorable Mayor Sally A. Faith introduced Hardin Middle School student, Benjamin Rael. Budget Amendment #4 (Council Bill 11025) The Honorable Mayor Sally A. Faith requested Councilmembers to contact her office should they have any questions relative to Budget Amendment #4 (Council Bill 11025) File #47998 Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments to Boards and Commissions as presented by the Honorable Mayor Sally A. Faith: Fair Housing Commission  Re-appointment of Dilla Goedert for a 3 year term ending in April 2015  Re-appointment of Melanie McIlroy for a 3 year term ending in April 2015 St. Charles Convention and Visitors Bureau  Re-appointment of Dorothy Boshears for a 3 year term ending in April 2016  Re-appointment of Scott Tate for a 3 year term ending in April 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Landmarks Board  Re-appointment of Eugene Wood for a 3 year term ending in February 2016  Re-appointment of Tom Kuypers for a 3 year term ending in February 2016  Re-appointment of Steve Martin for a 3 year term ending in February 2016  Re-appointment of John Hanneke for a 3 year term ending in February 2016 Digital Media Commission  Re-appointment of Michael Barfield for a 3 year term ending in December 2014  Re-appointment of Todd Luedering for a 3 year term ending in December 2014 Veterans Commission  Re-appointment of Clara Scott for a 3 year term ending in March 2016  Re-appointment of Don Newman for a 3 year term ending in March 2016  Re-appointment of George Newell for a 3 year term ending in March 2016  Re-appointment of Tom Stephenson for a 3 year term ending in March 2016 JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, and West. “Nay”: None. Absent: Beckering and Weller. Motion passed. File # 47959 Presentation of Proclamation Declaring April as Child Abuse Prevention Month The Honorable Mayor Sally A. Faith presented a proclamation declaring April as Child Abuse Prevention Month. Bonnie Define, Director of Communications representing the St. Louis Crisis Nursery and the Crisis Nursery of St. Charles accepted the proclamation. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced upcoming events in the City of St. Charles. For more information visit the City’s website at www.stcharlescitymo.gov PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Declaring Five Ford Crown Victoria and One Ford Taurus Police Cars as Surplus Property and Authorizing the Disposal Thereof by Auto Auction or Competitive Bid to Salvage Yard (Sponsor: Ron Stivison) Passed “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, and West. “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Resolution 13-010  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Resolution Declaring One (1) 2004 Ford E-Series as Surplus Property; Authorizing Disposal by Trade-in; and Authorizing the Mayor to Execute the Appropriate Documents to Transfer Title (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, West, and Besselman “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Resolution 13-011 A Resolution Authorizing the City of St. Charles, Missouri, to Apply to the Federal Home Loan Bank of Des Moines, Iowa for a Grant to Implement an Affordable Housing Program (AHP) and Authorizing the Mayor and City Clerk to Sign All Necessary Documents on Behalf of Applicant (Sponsor: Laurie Feldman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Besselman, and Feldman “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Resolution 13-012 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-077 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-078 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-079 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-080 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-081 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-082 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 16, 2013 ______________________________________________________________________________ Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-083 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-084 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-085 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-086 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Group, Inc., for the West Clay Extension Redevelopment Project (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Besselman, Feldman, and Herrmann “Nay”: None Absent: Beckering and Weller Approved by the Honorable Mayor on April 18, 2013 and is known as Ordinance 2012-087 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11017 An Ordinance Authorizing a Contract with Mick Mehler and Sons, Inc., for the Little Hills Storm Water Improvement Project in an Amount Not to Exceed $253,137.00 (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11018 An Ordinance Repealing Ordinance No. 2013-072 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Unrepresented Employees; to Change the Job Title of Purchasing Coordinator to Purchasing Manager and Reclassify the Position from Grade J Exempt to Grade H Exempt; to Establish a New Position of Purchasing Specialist to be Grade M Non-Exempt; to Authorize and Ratify the 2013 Department Director Performance Based Compensation Pool and Salary Percentage Increase Limitation; Establish 2013 Department Director Salaries; and Providing for an Effective Date (Sponsors: Laurie Feldman, Mary Ann Ohms, and Bridget Ohmes) Councilmember Mary West voiced concern relative to Section 7 (F) (v). Director of Administration Michael Spurgeon and City Attorney Michael Valenti provided clarification. Bill 11019 An Ordinance Authorizing a Mutual/Automatic Aid Agreement by and between Central County Fire & Rescue and the City of St. Charles to Provide Equipment, Personnel and Other Resources Within the State of Missouri or Any Bordering State in the Event of a Natural Disaster or Significant Emergency Condition (Sponsor: Laurie Feldman) Bill 11020 An Ordinance Authorizing, Ratifying and Renewing an Intergovernmental Agreement with St. Charles County and Other Municipalities within St. Charles County for Participation in the St. Charles County Regional Drug Task Force (DTF) (Sponsor: Ron Stivison) Bill 11021 An Ordinance Authorizing an Easement Encroachment License Agreement with Madhu Patel to Reconstruct a Deck within a Utility Easement Located at 4 Hunters Chase Court (Sponsors: Dave Beckering and Michael Weller)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Bill 11022 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) Bill 11023 An Ordinance Authorizing Change Order Number 5 to the Contract with KCI Construction Company for the Construction of the Boschertown Sanitary Lift Station Project for a Decrease in the Contract Amount of $48,580.00, for a Total Contract Amount Not to Exceed $4,075,730.50 (Sponsors: Dave Beckering and Mary Ann Ohms) Bill 11024 An Ordinance Authorizing an Agreement with the Missouri Highways and Transportation Commission to Receive Safe Routes to Schools (SRTS) Federal Funding for the Blackhurst Hardin Sidewalk Improvement Project (Sponsor: Dave Beckering) Bill 11025 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 #4) (Sponsors: Laurie Feldman, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison, Rod Herrmann and Tom Besselman) Bill 11026 An Ordinance Authorizing an Agreement with the St. Charles Lions Club for the Sponsorship of the Operation of the Farmers Market During the Summer of 2013 (Sponsor: Mary Ann Ohms) Bill 11027 Amendment No. 6 to the Contract with Cunningham, Vogel & Rost, P.C. for providing Special Counsel Services for the Streets of St. Charles Project and Neighborhood Improvement District in the amount of $10,000 (Sponsor: Laurie Feldman) Bill 11028 An Ordinance Authorizing a Relocation Agreement with Union Electric Company d/b/a Ameren Missouri for the Relocation of Overhead Utilities to an Underground System Along South Fifth Street within MoDOT Right of Way and City Right of Way in an amount Not to Exceed $134,094.03 (Sponsor: Laurie Feldman) Bill 11029 An Ordinance to Authorize Application with the Missouri Department of Transportation, Highway Safety Division, for the Law Enforcement Grant Program for the Period October 1, 2013 through September 30, 2014 for Four Grants; Authorize Acceptance of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ Grant Funds; and Authorize Execution of All Necessary Documents and Performance of all Acts to Accept and Receive the Grants (Sponsors: Ron Stivison and Jerry Reese) Bill 11030 An Ordinance Amending the Development Plan and Development Agreement for Brighton Park for the Condominium Project Known as The Reserve at Fountainview Condominiums (Sponsors: Jerry Reese) Bill 11031 An Ordinance Approving the Record Plat for River Crossing, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request of St. Charles Housing Authority for Waiver of 2012 Real Estate Taxes The Honorable Mayor Sally A. Faith presented a request of the St. Charles Housing Authority for waiver of the Real Estate Taxes for 2012 totaling $10,267.20. A motion was made by JERRY REESE to approve the waiver of the 2012 Real Estate Taxes for the St. Charles Housing Authority in the amount of $10,267.20. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Besselman, Feldman, Herrmann, and Ohmes. “Nay”: None. Absent: Weller and Beckering. Motion passed. File #47999 CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Besselman, Feldman, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: Beckering and Weller None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of April 2, 2013 2. Public Hearing of April 2, 2013 File #47997 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of April 2, 2013 File #47949 b. Street Committee Meeting of April 9, 2013 File #47950 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of April 2, 2013 (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ b. Street Committee Meeting of April 9, 2013 i. Motion to approve a request for a Right-of-Way Encroachment License for Sheri Steffens to construct a private driveway/entrance within the Barbour Street Right-of-Way and exemption from the requirement for sidewalk along Barbour Street, for property located at 1106 South Main Street ii. Motion to remove agenda item Repealing the “No Left Turn Restriction” at Benton Avenue and First Capitol Drive from the agenda C. Receipt of Reports from Boards, Commissions, or Committees 1. Convention Center Oversight Subcommittee Meeting of February 4, 2013 a. Motion to reimburse City of St. Charles in the amount of $480,890.15 for capital reimbursement to the Center out of the Joint Account b. Motion to approve the 2012 Capital roll forward request in the amount of $130,511.74 as presented c. Motion to approve the capital reimbursement request for 2012 in the amount of $525,364.86 to be drawn from the Joint account and transferred to the New Frontier account as presented d. Motion to approve the Capital Budget Purchase Request for the Amp Rack in the amount of $40,000 as presented File #48000 2. Planning and Zoning Commission Meeting of February 25, 2013 File #47976 3. Economic Development Commission Meeting of February 6, 2013 File #48001 4. Board of Adjustment Meeting of March 11, 2013 File #47953 5. Convention & Visitors Commission Meeting of January 24, 2013 a. Motion to approve the December 2012 Financial Report b. Motion to approve the following “Core” items: i. 2013 Executive Focus (MSAE Newsletter); $1400.00 ii. Bank Travel Jan/Feb Issue; $1,295.00 iii. Group Travel Leader; $1,900.00 iv. Saint Charles Convention Center-Meeting Mid America & MSAE Executive Focus; $12,400.00 v. KEZK “Return to Saint Charles”; $3,175.00 File #48002 6. Special Business District Advisory Board Meeting of March 7, 2013 a. Motion to approve the Budget Report  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ b. Motion to approve the request for $4,700 from the Historic Downtown Association to fund Fete de Glace in 2014 with the condition that before the Association requests funding next year it should look for other sources c. Motion to approve Dan Ashcraft’s submitted bid of $2,950 to install the nine (9) trash containers and 13 benches which had been ordered previously d. Motion to approve $300 to have the stumps removed by Gamma Tree e. Motion to approve up to $3,000 for maintenance for 2013 File #47962 7. Veteran’s Commission Meeting of March 11, 2013 File #47975 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – March 2013 File #47977 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Wiegmann & Associates, Inc. to Replace HVAC Equipment at the Foundry Art Centre in an Amount not to Exceed $48,017.00 C13-208 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the Elm Point Commons Community Improvement District Annual Report for 2012 File #48003 2. Receipt of the Plaza at Noah’s Ark Community Improvement District Annual Report for 2012 File #48004 3. Receipt of the Fountain Lakes Commerce Center North Community Improvement District Annual Report for 2012 File #48005 4. Receipt of the Fountain Lakes Commerce Center South Community Improvement District Annual Report for 2012 File #48006 5. Receipt of the Fairgrounds Road Community Improvement District Annual Report for 2012 File #48007  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ 6. Receipt of the Elm & 370 Community Improvement District Annual Report for 2012 File #48008 7. Receipt of the Veteran’s Memorial Parkway Community Improvement District Annual Report for 2012 File #48009 8. Investment Report – February 2013 File #47982 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Bridget Ohmes announced that the St. Charles County Municipal League meeting is scheduled for Tuesday, April 30th in Wentzville, MO. Ms. Ohmes encouraged everyone to attend as our City of St. Charles representative, Ron Stivison is up for re-election that evening. 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. Councilmember Jerry Reese announced that a Mock Accident Demostration for the students and staff of St. Charles West High School will be held on Friday, April 19th at 10:00 am. This demonstration is conducted each year at the beginning of Prom season with cooperation from the St. Charles City Fire Department and the City of St. Charles School District in an effort to show students the possible dangers and consequences of drinking and driving. Councilmember Mary Ann Ohms announced that on Sunday, April 28th there will be a North Main Street Clean Up Effort. Volunteers are welcome with registration beginning at 9:30 a.m. and clean up beginning at 10:00 a.m. Council President Laurie Feldman announced that there will be a fundraising gala event on Friday, April 19th at the Foundry Art Centre benefitting the Wind Symphony and tickets are still available. APPROVAL OF CLOSED MINUTES A motion was made by JERRY REESE to approve the following Closed Session Minutes: A. Council Work Session of April 2, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 6:30 p.m. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Stivison, West, Besselman, Feldman, Herrmann, Ohmes, Ohms, and Reese. “Nay”: None. Absent: Beckering and Weller. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 16, 2013 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 7:48 p.m. ______________________________ Date Approved ______________________________ _________________________________ City Clerk Laurie Feldman, Presiding Officer