City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 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 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, Mary Ann Ohms, Jerry Reese and Ron Stivison. Absent: Michael Weller and Mary West. 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. Council President Dave Beckering introduced Zack & Gabe Starr, members of Boy Scouts of America Troop 957. Zack & Gabe announced they are attending tonight’s Council Meeting in order to obtain their Community Badges. A motion was made by LAURIE FELDMAN to excuse the absence of Councilmembers Michael Weller and Mary West. RON STIVISON 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. 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 (Case No. CU-16-13 was Tabled at the June 24, 2013, Planning and Zoning Meeting; Therefore, Case No. CU-16-13 to be Tabled to the August 6, 2013, Regular Council Meeting) (RCA Attached) B. Case No. CU-23-13. (The Car Guy, LLC). An application for a Conditional Use Permit from §400.240(C)(1)(a) for an Automotive business within the I-1 Light Industrial District, specifically to operate a used automotive sales/broker business with accessory repair/reconditioning at 3701 Mueller Road. The subject property is 2.43 acres and is located in Ward 8 (RCA Attached) C. Case No. CU-24-13. (Doyle Shockley). An application for a Conditional Use Permit from §400.230(C)(1)(a) for an Automotive business within the C-3 Highway Business District, specifically to operate a used automotive sales business at 2801 West Clay Street. The subject property is 0.81 acres and is located in Ward 9 (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ D. Case No. CU-25-13. (Dena Ferraro and Nancy Cullen). An application for a Conditional Use Permit from §400.290(C)(15) for a Secondhand Sales use within the FHCD Frenchtown Historic Commercial District, specifically to approve the secondhand retail sale of furniture and household goods at 913 North Second Street. The subject property is a total of 0.12 acres and is located in Ward 1 (RCA Attached) E. Case No. CU-26-13. (Design on a Dime). An application for a Conditional Use Permit from §400.220(C)(1)(g) for a Secondhand Sales use within the C-2 General Business District, specifically to approve the secondhand retail sale of furniture and household goods at 1986 Zumbehl Road. The subject property is a total of 1.01 acres and is located in Ward 6 (RCA Attached) F. Case No. DR-05-13. (City of St. Charles). An application to amend Chapter 400: Zoning Code and Chapter 405: Subdivision Regulations of the Code of Ordinances of the City of St. Charles, Missouri, by amending §400.610(D) Public Utilities to require a connection to the public sanitary sewer system for each subdivided lot; by amending §400.1360(D) Building Permits to require the location of existing easements to be included in a plot plan submitted for permit review; by amending §405.050 Definitions to provide a definition for Director of Public Works; by amending §405.240 to add a section (G) to address Other Public Improvements; creating §405.245 Sanitary Sewer System to address public sanitary sewer connection requirements for new subdivisions; and by amending §405.290(D)(5) Final Plat and Data to add a requirement for public sanitary sewer connections on each lot (Council Bill 11065) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments Boards/Commissions/Committees A motion was made by BRIDGET OHMES to refer the following appointments to the July 16, 2013, Regular Council Meeting: PARKS AND RECREATION BOARD:  Re-appointment of Laura Lyon for a 3-year term ending in May, 2016  Appointment of Sandy Bichel for a 3-year term ending in May, 2016  Appointment of Betty Barro for a 3-year term ending in May, 2016 TOM BESSELMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: Weller and West. Motion passed. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith reported she received information relative to the excellent customer service city employee Cathy Breuer provided with assisting a business owner with obtaining a license.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ The Honorable Mayor Sally A. Faith announced Thro’s and Michelle’s Clothing Company of St. Charles, Missouri, is celebrating their 115th Anniversary. The Honorable Mayor Sally A. Faith announced the 2013 Riverfest Event will be held on Thursday, July 4, 2013. For more information regarding this event and other happenings in the City of Charles, visit www.historicstcharles.com. PUBLIC COMMENT Lisa Galati, 3494 Wainwright Street, St. Charles, Missouri, spoke in favor of Council Bill 11062 An Ordinance Enacting a New Section to be known as Section 215.110 of the Code of Ordinances Regarding Unlawful Jumping from a Bridge. BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-123 Bill 11054 An Ordinance Authorizing the Vacation of an Existing Utility Easement Along the Common Lot Line Between Lots 8 and 9 of the Hineman Woods Estates Subdivision (Sponsors: Rod Herrmann and Bridget Ohmes) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-124 Bill 11055 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Muegge Road Traffic Flow Improvement Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Jerry Reese) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-125  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ Bill 11056 An Ordinance Repealing Section 215.220 of the Code of Ordinances Regarding Unlawful Picketing of a Funeral (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”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-126 Bill 11057 An Ordinance Amending Chapters 500 and 605 of the Code of Ordinances by Amending Section 500.210 Pertaining to Electrical Permits; Section 500.270 Pertaining to Licensing for Plumbers and Drainlayers; and Section 605.090 Pertaining to the Issuance of Licenses (Sponsor: Bridget Ohmes) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-127 Bill 11058 An Ordinance Repealing Ordinance No. 2013-089 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; to Revise and Delete Position Titles in the Community Development Department; and to Establish a Longevity Salary Increase for Unrepresented Employees in the Classified Service who are at Step 14 (Sponsors: Dave Beckering and Laurie Feldman) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-128 Bill 11059 An Ordinance Authorizing the Filing of an Application with the U.S. Department of Justice for the Justice Assistance Grant Program (JAG) FY 2013; and to Sign all Necessary Documents to Accept and Receive Said Grant (Sponsors: Ron Stivison and Laurie Feldman) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-129 Bill 11060 An Ordinance Authorizing a Contract with Dave Sinclair Ford, Inc., for the Purchase of Three (3) 2014 Ford Medium Duty Trucks in an Amount Not to Exceed $115,846.00 (Sponsor: Jerry Reese) Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Weller and West Approved by the Honorable Mayor on July 5, 2013 and is known as Ordinance 2013-130 Bill 11061 An Ordinance Amending the West Clay Extension Tax Increment Financing (TIF) Redevelopment Plan; Approving an Amended and Restated Redevelopment Agreement in Connection Therewith; and Authorizing Certain Actions by City Officials (Sponsor: Mary Ann Ohms) Councilmember TOM BESSELMAN requested a separate vote on Council Bill 11061. Passed “Aye”: Beckering, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: Besselman Absent: Weller and West Approved by the Honorable Mayor on July 3, 2013 and is known as Ordinance 2013-131 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11062 An Ordinance Enacting a New Section to be known as Section 215.110 of the Code of Ordinances Regarding Unlawful Jumping from a Bridge (Sponsor: Rod Herrmann) Bill 11063 An Ordinance Ordering That Assessments Be Made Against Benefited Properties Situated Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District Based Upon Estimated Costs of Certain Phase Three Improvements Within the District; Ordering Preparation of a Phase Three Assessment Roll; and Calling for a Public Hearing and Providing Direction for the Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Bill 11064 An Ordinance Amending Section 500.320 of the Code of Ordinances Pertaining to Rental Inspection Fees (Sponsor: Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ Bill 11065 An Ordinance Amending Chapters 400, 405, 505 and 705 of the Code of Ordinances by Amending Sections 400.610 and 400.1360; Sections 405.050, 405.180, 405.240, 405.245 and 405.290; Section 505.160; and Sections 705.020, 705.080, 705.085, and 705.110 Pertaining to Sanitary Sewer Systems and Connections, Easements and Other Public Improvements (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11066 An Ordinance Repealing Ordinance No.12-241 and Enacting a New Ordinance: (1) Authorizing the Establishment of Checking Accounts with Commerce Bank, N.A., and Designating Persons Authorized to Sign Checks; (2) Designating Enterprise Bank & Trust a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “The City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority” at Enterprise Bank & Trust, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City; and (3) Designating New Frontier Bank a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Convention Center Operations” and “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Event Escrow Convention Center” at New Frontier Bank, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City and Authority (Sponsors: Dave Beckering and Laurie Feldman) Bill 11067 An Ordinance Authorizing Amendment No. 8 to the Contract with Environmental Management Corporation (EMC) for the Operation and Maintenance of the City's Wastewater Treatment Facilities (Sponsor: Rod Herrmann) Bill 11068 An Ordinance Granting to Laclede Gas an Easement In, Under and Across a Fifteen (15) Foot Wide Strip of Land Situated in Part of Lot 3 in Block 2 of Wilmes and Trendley’s Subdivision of the Cunningham Farm for the Purpose of Constructing, Operating and Maintaining a Gas Distribution System (Sponsor: Mary Ann Ohms) Bill 11069 An Ordinance Approving the Record Plat for South Drive Tower Subdivision, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) 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”: Beckering,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None. Absent: West and Weller. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of June 18, 2013 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of June 18, 2013 File #47949 b. Street Committee Meeting of June 18, 2013 File #47950 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of June 18, 2013 (none) b. Street Committee Meeting of June 18, 2013 i. Motion to elect Jerry Reese as Chairman of the Street Committee ii. Motion to elect Ron Stivison as Vice Chairman of the Street Committee iii. Motion to accept staff recommendation that McDonough Street be changed to eastbound only from S. Second Street to Main Street and that property owners abutting the street be notified as well as adjacent property owners (~300’) prior to an ordinance being introduced to Council iv. Motion to accept the Long-Range Bridge and Culvert Maintenance Plan as presented by the Public Works Staff v. Motion to accept staff recommendation that the intersection at Yale Blvd. and Hunters Ridge/Huntington Forest Drive remain a two-way stop vi. Motion to table item: Verbal Update Relative to the Possibility of Allowing Taxi Cab Parking in the Alley behind Quintessential Restaurant vii. Motion to table item: Verbal Discussion Relative to the Addition of Benches at the SCAT Bus Stops viii. Motion to table item: Verbal Discussion Relative to the Possibility of Contracting Snow Removal with Homeowners Associations C. Receipt of Reports from Boards, Commissions, or Committees 1. Park & Recreation Board Meeting of March 20, 2013 File #47952 2. Park & Recreation Board Meeting of April 17, 2013 File #47952  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2013 ______________________________________________________________________________ 3. Special Park & Recreation Board Meeting of May 1, 2013 File #47952 4. Park & Recreation Board Meeting of May 15, 2013 File #47952 D. Receipt of Reports of the Director of Administration 1. Approval of Emergency Purchases File #47940 E. Approval of Contracts and Easements from $30,001 - $99,999 (none) F. Preliminary Plats 1. South Drive Tower Subdivision File #48039 G. Miscellaneous (none) ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Bridget Ohmes stated it is only legal to shoot fireworks from the hours of 12:00 p.m. – 11:00 p.m. on July 3rd & July 4th. The Open portion of the Regular Council Meeting was adjourned at 7:25 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer