City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, June 4, 2013 at 7:10 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with President of the Council Dave Beckering, presiding, The Honorable Mayor Sally A. Faith and the Members of the Council present as follows: Tom Besselman, Laurie Feldman, Rod Herrmann, Bridget Ohmes, Jerry Reese, Ron Stivison, Michael Weller and Mary West. Absent: Mary Ann Ohms. 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. A motion was made by JERRY REESE to excuse the absence of Councilmember Mary Ann Ohms. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS/ADMINISTRATIVE HEARINGS The President of the Council Dave Beckering 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. DR-04-13. (Hyatt Bangert). An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.250(C) to add a Materials Recovery Facility as a Conditional Use within the I-2 Heavy Industrial District, by amending §400.320(C) and §400.320(D)(3) to add a Materials Recovery Facility as a Conditional Use within the WHP Wellhead Protection District and by amending §400.050 to provide a definition for a Materials Recovery Facility within the Definitions section (Council Bill 11046) B. 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 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 (To Be Tabled) (Case No. CU-16-13 was tabled at the May 20, 2013 Planning & Zoning Commission meeting; therefore, Case No. CU-16-13 to be tabled by the City Council until the July 2, 2013 Regular Council Meeting) (RCA Attached) C. Case No. CU-21-13. (Stealth Recovery – Ami Schoenfeld). An application for a Conditional Use Permit from §400.240(C)(1)(a) for an Automotive business within the C-3 Highway Business District, specifically to operate an auto repossession/storage business at 2727 Veteran’s Memorial Parkway. The subject property is 5.63 acres and is located in Ward 4 (To Be Withdrawn) (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation from Members of the Fire Department and Burns Recovered Support Group President of Local 757, Mark Jones reported on May 4th and May 5th members of the Fire Department took to the streets to collect for Burns Recovered Support Group (Children’s Burn Camp); and raised $6,972.00. Mr. Jones presented a check in the amount of $6,972.00 to representatives of Burns Recovered Support Group. Appointments to the Convention Center Oversight Committee A motion was made by MARY WEST to approve the following appointments to the Convention Center Oversight Committee as presented by the Honorable Mayor Sally A. Faith: CONVENTION CENTER OVERSIGHT COMMITTEE Dave Beckering Bridget Ohmes Jerry Reese Ron Stivison RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Herrmann, Ohmes, Reese, Stivison, Weller, West, Beckering and Besselman. “Nay”: None. Absent: Ohms. Motion passed. File # 47959 Budget Amendment #5 (Council Bill 11047) The Honorable Sally A. Faith requested Councilmembers to contact her office should they have any questions relative to Budget Amendment #5 (Council Bill 11047). Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith recognized and thanked the Police Department and Fire Department for all their hard work due to the May 31, 2013 storm. The Honorable Mayor Sally A. Faith announced there are several upcoming events scheduled to take place in Frontier Park that have either been rescheduled or relocated due to the rising water levels of the river along Frontier Park. For more information on these events, visit www.historicstcharles.com. PUBLIC COMMENT Elmer Hawse, 41 Buckingham Place, St. Charles, Missouri voiced concern relative to the storm drain located at Norwich Drive to Cole Blvd. Administration was directed to contact Mr. Hawse to address his concerns.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ RESOLUTIONS A Resolution Authorizing the City of St. Charles, Missouri to Enter into an Agreement with GovDeals, Inc. for On-Line Auction Services for the Sale of Surplus Items (Sponsors: Laurie Feldman and Bridget Ohmes) A motion was made by LAURIE FELDMAN to approve the Resolution as presented. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: Passed “Aye”: Herrmann, Ohmes, Reese, Stivison, Weller, West, Beckering, Besselman and Feldman. “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Resolution 13-016 A Resolution Declaring One 2004 Sutter Pro Stock 2 Horse Trailer as Surplus Property and Authorizing the Disposal Thereof by Trade-In (Sponsor: Ron Stivison) A motion was made by RON STIVISON to approve the Resolution as presented. ROD HERRMANN seconded the motion. A roll call vote was taken, with the following results: Passed “Aye”: Ohmes, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman and Herrmann “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Resolution 13-017 BILLS FOR FINAL PASSAGE Bill 11037 An Ordinance Authorizing a Cooperative Agreement with The Lions Club of St. Charles, Missouri for the Operation of the Farmers Market During the Summer of 2013 (Sponsors: Mary Ann Ohms, Mary West, Jerry Reese and Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-108 Bill 11038 An Ordinance Authorizing an Easement Encroachment License Agreement with Mr. Frank Puleo for the Reconstruction and Maintenance of an Existing Deck and a Screened-in Porch on the Easement Located at or Near 296 Spring Drive (Sponsors: Dave Beckering and Michael Weller) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-109  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ Bill 11039 (Amended) An Ordinance Authorizing a St. Charles County Regional SWAT Team Agreement (Sponsors: Ron Stivison and Laurie Feldman) Council Bill 11039 was withdrawn by Councilmember Ron Stivison. Bill 11040 An Ordinance Authorizing an Interim Mobile Radio Agreement For Early Transfer of Radio Equipment Prior to Execution of a Final Intergovernmental Agreement for the Construction, operation, ownership and Maintenance of the St. Charles County Digital P25 Land Mobile Radio Microwave System for Public Safety and Emergency Communications between the City of St. Charles, Missouri and St. Charles County, Missouri (Sponsor: Ron Stivison) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-110 Bill 11041 An Ordinance Authorizing a Contract with IESI MO Champ Landfill, LLC for Landfill Services for the City’s Sanitary Sewer Operations in an Amount Not to Exceed $297,000.00 (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-111 Bill 11042 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Three (3) 2014 International 7400 SFA 4x2, 34,200 lb. G.V.W.R. Single-Axle Dump Trucks and One (1) 2014 International 7500 SFA 6x4, 58,000 G.V.W.R. Tandem-Axle Dump Truck With Dump Bodies, Salt Spreaders, and Snow Plows in an Amount Not to Exceed $538,979.00 (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-112 Bill 11043  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ An Ordinance Approving the Record Plat for University Commons, a Subdivision of the City of Saint Charles, Missouri (Sponsors: Tom Besselman and Bridget Ohmes) Councilmember Bridget Ohmes requested to be added as sponsor to Council Bill 11043. Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-113 Bill 11044 An Ordinance Authorizing a Public Transit Operating Assistance Grant Agreement with the Missouri Highways and Transportation Commission to Provide Financial Assistance to the City for General Public Transportation Service (Sponsors: Mary West and Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-114 Bill 11045 An Ordinance Authorizing a Contract with Lamb Construction Company for the Construction of a Fire Station for Phase II of the Public Safety Facility Project in an Amount Not to Exceed $3,942,800.00 (Sponsors: Ron Stivison, Bridget Ohmes, Tom Besselman and Laurie Feldman) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Ohms Approved by the Honorable Mayor on June 3, 2013 and is known as Ordinance 2013-115 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11046 An Ordinance Amending Chapter 400 of the Code of Ordinances of the City of St. Charles, Missouri by Amending Section 400.050 to Add a Definition for a Materials Recovery Facility; Section 400.250 to Establish a Materials Recovery Facility as a Conditional Use in the I-2 Heavy Industrial District; and Section 400.320 to Establish a Materials Recovery Facility as a Conditional Use in the Wellhead Protection District (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ Bill 11047 An Ordinance Amending Ordinance Number 12-239 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for Fiscal Year 2013 (Budget Amendment #5) (Sponsor: Dave Beckering) Bill 11048 An Ordinance Amending Ordinance No. 13-039 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing the Designated Corporate Sales Manager (Sponsor: Dave Beckering) Bill 11049 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 11050 An Ordinance Approving the Record Plat for Truman Business Center Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11051 An Ordinance Authorizing a Memorandum of Understanding Between the City of Saint Charles and the Federal Bureau of Investigation for Participation in the CHILD EXPLOITATION TASK FORCE (CETF) (Sponsor: Ron Stivison) Councilmember Mary Ann Ohms requested City Clerk Laura Whitehead to add her as a sponsor to Council Bill 11051. Bill 11052 An Ordinance Authorizing a Professional Services Contract with Crawford, Murphy and Tilly, Inc. (CMT) for the Design of the Fifth Street Reconstruction Project in an Amount Not to Exceed $369,385.50 (Sponsor: Tom Besselman) Bill 11053 An Ordinance Authorizing an Amendment to the Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for the West Clay Extension Street Improvement Project (First Capitol Drive to Boone Avenue) (Sponsor: Dave Beckering) Councilmember Mary Ann Ohms requested City Clerk Laura Whitehead to add her as a sponsor to Council Bill 11053. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ Discussion Relative to the 2013 Holiday Party and Employee Recognition Event (referred by City Clerk) City Clerk Laura Whitehead requested Council’s approval to fund $17,850 from the council directives account towards the 2013 Holiday Party and Employee Recognition Event. JERRY REESE made a motion to fund $17,850.00 from the council directives account towards the 2013 Holiday Party and Employee Recognition Event. Discussion occurred. RON STIVISON seconded the motion. All voted in favor, motion passed. Councilmember Mary West inquired as to the funding portion by the Human Resources Department towards this Event. Councilmember West requested the Human Resources Department budget for additional funds towards the 2014 Event. File #48032 Discussion Relative to Debris Removal (referred by Councilmember Laurie Feldman) Councilmember Laurie Feldman reported many subdivisions in Ward 3 were impacted by the May 31, 2013 storm and tornado. Councilmember Feldman suggested the City of St. Charles, Missouri offer a one-time storm debris pick-up for those affected by the storm. Discussion occurred. A motion was made by LAURIE FELDMAN directing Administration to plan a one- time storm debris pick-up of vegetation only within the next two weeks; and approving up to $1,500 from the council directives account to fund robo calls which will notify all residents of the City of St. Charles of the one-time storm debris pick-up. JERRY REESE seconded the motion. All voted in favor, motion passed. File #48033 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, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes. “Nay”: None. Absent: Ohms. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of May 21, 2013 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of May 14, 2013 File #47950 b. Council Work Session of May 14, 2013 File #47949 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of May 14, 2013 i. Motion to grant authorization to submit the County Road Board applications as presented including First Capital  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ Drive between Second and Fifth Streets in the hospital district ii. Motion to grant authorization to submit TIGER 5 application for the St. Charles Gateways Project iii. Motion to accept staff recommendation to not establish a “no parking zone” along the north side of Forest Hills Drive between Regency Parkway and King Drive and not to place any additional signage iv. Motion to accept staff recommendation that the Street Committee recommend to the Board of Adjustment that this variance request be denied v. Consensus of the Street Committee that the SCAT bus fees not be waived for veterans vi. Motion to accept staff recommendation that the intersection of Fourth Street and Montgomery Street remain a two-way stop, but that “Cross Traffic Does Not Stop” signs be installed below the existing stop signs vii. Motion to accept staff recommendation that the intersection of Gallaher Avenue and Lindenwood Avenue remain a two-way stop viii. Motion to accept staff recommendation that the intersection of Gallaher Avenue and Pine Street remain a two way stop, but that Gallaher Avenue be considered for future traffic calming improvements ix. Motion to accept staff recommendation to install a matching speed feedback sign for the northbound direction of Yale Blvd (failed) x. Motion to approve staff to investigate and determine if the intersection of Boschertown Road at Fox Hill Road/Charlestown Village Drive warrants a multi-way stop acknowledging staff’s note that the study will not be conducted until school resumes in the fall xi. Motion to accept staff recommendation Option 1 to upgrade curve signage and to not add a guardrail b. Council Work Session of May 14, 2013 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Planning & Zoning Commission Meeting of April 22, 2013 File #47976 2. Landmarks Board Meeting of April 15, 2013 File #47951 3. Senior Citizen Advisory Commission Meeting of April 16, 2013 File #47994  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Kforce to Provide Temporary Staffing for the City’s Information Technology Department in an Amount not to exceed $78,000.00 C13-332 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Timothy Wiest, d/b/a: Timothy’s Irish Pub, located at 2556 Raymond Drive (adding Sunday) File #47935 2. Approval of Liquor License Application for Mary Glanzner, d/b/a: Pine Room Bar, located at 1102 Perry Street (adding Sunday) File #47935 3. Approval to Extend the Certificate of Demolition for the house located at 706 Jackson Street by One (1) Year to April 4, 2014 File #48035 4. April Investment Report File #48034 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese reported he would like to see the Senior Citizen Advisory Commission move forward with their mission which involves recommending and/or supporting the City Council on issues, ordinances, etc. Councilmember Reese also stated he would favor the Senior Citizen Advisory Commission assisting the City with the Disability Guide. Council President Dave Beckering requested the joint Parks Board and City Council meeting scheduled for June 11, 2013, be moved to the August Council Work Session date due to the number of Councilmembers scheduled to be out of town on June 11, 2013. Council President Beckering also announced the June 11, 2013 Council Work Session has been cancelled. APPROVAL OF CLOSED MINUTES A motion was made by JERRY REESE to approve the following Closed Session Minutes: A. Closed Session of May 14, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) and sealed proposals and related  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 4, 2013 ______________________________________________________________________________ documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Reese. “Nay”: None. Absent: Ohms. Motion passed. The Open portion of the Regular Council Meeting was adjourned at 7:51 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer