City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 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 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, Ron Stivison, Mary West and Michael Weller. 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/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. Community Development Block Grant (CDBG) 2013 Consolidated Plan Amendment (This Public Hearing is to Remain Open until August 20, 2013) (Council Bill 11074) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS Introduction of Fire Department staff members: Battalion Chief Gary Bird and Battalion Chief Mike Grzyb Fire Chief Rick Daly introduced the following staff members: Battalion Chief Gary Bird and Battalion Chief Mike Grzyb. Each provided a brief bio of their employment and educational and training backgrounds. Appointments to Boards/Commissions/Committees A motion was made by BRIDGET OHMES to approve the following re-appointment to the Parks and Recreation Board as presented by the Honorable Mayor Sally A. Faith. PARKS AND RECREATION BOARD Re-appointment of Laura Lyon for a three-year term ending in May, 2016 LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West and Beckering. “Nay”: None. Absent: None. Motion passed. A motion was made by BRIDGET OHMES to approve the following appointments to the Parks and Recreation Board as presented by the Honorable Mayor Sally A. Faith: PARKS AND RECREATION BOARD Appointment of Sandy Bichel for a three-year term ending in May, 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ Appointment of Betty Barro for a three-year term ending in May, 2016 LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering and Besselman. “Nay”: Feldman, Herrmann and Ohmes. Absent: None. Motion passed. A motion was made by JERRY REESE to approve the following re-appointment to the City- County Library Board as presented by the Honorable Mayor Sally A. Faith: CITY-COUNTY LIBRARY BOARD Re-appointment of Mary Reese for a three-year term ending in July, 2016 RON STIVISON seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann, Ohmes, Ohms, Stivison, Weller, West, Beckering, Besselman and Feldman. “Nay”: None. Abstain: Reese. Absent: None. Motion passed. A motion was made by JERRY REESE to approve the following appointments to the City- County Library Board as presented by the Honorable Mayor Sally A. Faith: CITY-COUNTY LIBRARY BOARD Appointment of Justin Collier for a three-year term ending in July, 2016 Appointment of Lisa DeClue for a three-year term ending in July, 2016 RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman and Herrmann. “Nay”: None. Absent: None. Motion passed A motion was made by JERRY REESE to approve the following re-appointments and appointments as presented by the Honorable Mayor Sally A. Faith: BUILDING BOARD OF APPEALS Appointment of Ron Powell for a three-year term ending in February, 2016 DIGITAL MEDIA COMMISSION Appointment of Vince Ratchford for a three-year term ending in December, 2016 CONVENTION AND VISITORS COMMISSION Appointment of Kim Carpenter for a three-year term ending in April, 2016 Appointment of Dave Campbell of a three-year term ending in April, 2016 ECONOMIC DEVELOPMENT COMMISSION Re-Appointment of Geoff Orf for a three-year term ending in February, 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman Herrmann and Ohmes. “Nay”: None. Absent: None. Motion passed. File # 47959 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 www.historicstcharles.com. RESOLUTIONS A Resolution Authorizing the City of St. Charles, Missouri to Enter into an Agreement with PROPERTY ROOM.COM for On-Line Auction Services for the Sale of Surplus Items (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, Weller, West, Beckering Besselman, Feldman, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Resolution 13-20 A Resolution Adopting a Capital Asset Policy (Sponsor: Dave Beckering) Passed “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Resolution 13-21 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-133 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-134 Bill 11064 An Ordinance Amending Section 500.320 of the Code of Ordinances Pertaining to Rental Inspection Fees (Sponsor: Dave Beckering) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-135 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) Council Bill 11065 was held by 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, Laurie Feldman and Ron Stivison) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-136 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) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-137 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) Councilmember Rod Herrmann requested a separate vote on Council Bill 11068. Passed “Aye”: Weller, West, Beckering, Besselman, Feldman, Ohmes, Ohms, Reese and Stivison “Nay”: None “Abstain”: Herrmann Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-138 Bill 11070 An Ordinance Authorizing Supplemental Agreement No. 2 to the Engineering Services Agreement with Cole and Associates, Inc. for the West Clay Extension Project in the amount of $20,335.00, for a Total Amount Not to Exceed $102,953.00 (Sponsor: Mary Ann Ohms) Councilmember Tom Besselman requested a separate vote on Council Bill 11070. Passed “Aye”: West, Beckering, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison and Weller “Nay”: Besselman Absent: None Approved by the Honorable Mayor on July 18, 2013 and is known as Ordinance 2013-139 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11071 An Ordinance Authorizing Amendment Number 1 to the Contract with FleetCor Technologies Operating Company, LLC dba Fuelman to Provide Additional Unleaded Gasoline and Diesel Fuel Services for the City of St. Charles from September 1, 2013  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ Through December 31, 2013 in an Amount of $341,764.00 for a Total Contract Amount Not to Exceed $1,097,864.00 (Sponsor: Dave Beckering) Bill 11072 An Ordinance of the City of St. Charles, Missouri, Creating and Adopting Architectural Design Guidelines for Solar Panel Installations in the Landmark Preservation District, Frenchtown Preservation District, Commons Preservation District, Extended Historic Preservation District, and Historic Downtown District (Sponsor: Dave Beckering) Bill 11073 An Ordinance Ordering that Certain Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Bill 11074 An Ordinance Authorizing the Substantial Amendment to the Consolidated Annual Action Plan for 2013 and Executing the Amended Budget for the 2013 Annual Action Plan for Year Two of the Five Year Consolidated Plan for 2012-2016 for Use of Community Development Block Grant Funds Through the U.S. Department of Housing & Urban Development (Sponsor: Dave Beckering) Bill 11075 An Ordinance Authorizing a Four-Way Stop Sign at the Intersection of Canal Street and Arpent Street (Sponsors: Jerry Reese, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes and Ron Stivison) Bill 11076 An Ordinance Amending Section 600.280 of the Code of Ordinances of the City of St. Charles, Missouri to Allow the Issuance of Liquor Licenses for City Park Concession Stands; and to make a Technical Amendment (Sponsor: Dave Beckering) Bill 11077 An Ordinance Establishing the Designation of One Way Directional Traffic on McDonough Street Eastbound Only from Second Street to Main Street (Sponsors: Jerry Reese, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes and Ron Stivison) Bill 11078 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ Bill 11079 An Ordinance Authorizing a State and Local Task Force Agreement (St. Louis Task Force Group One) Between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri for Reimbursement of Overtime Expenses Related to a Joint Operation Conducted by DEA for the Period of October 1, 2013 Through September 30, 2014 (Sponsor: Ron Stivison) Bill 11080 An Ordinance Repealing Ordinance No. 13-010 and Amending Schedule III-A of Chapter 300 of the Code of Ordinances by Establishing a 2-Hour Parking Restriction along a Portion of North Second Street (Sponsors: Jerry Reese, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes and Ron Stivison) Bill 11081 An Ordinance Authorizing a Contract with Don Brown Chevrolet, Inc. for the Purchase of Six (6) 2014 Chevrolet Tahoe Police Pursuit Vehicles in an Amount Not to Exceed $158,148.00 (Sponsor: Ron Stivison) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the September 17, 2013, Regular Council Meeting due to the 2013 Missouri Municipal League Annual Conference being held on September 15-18, 2013 (referred by Council President Dave Beckering) City Clerk Laura Whitehead reported the 2013 Missouri Municipal league Annual Conference is being held September 15-18, 2013; and suggested rescheduling the September 17, 2013, Regular Council Meeting. Discussion occurred. MARY ANN OHMS made a motion to reschedule the September 17, 2013, Regular Council Meeting to September 24, 2013, due to the 2013 Missouri Municipal League Annual Conference being held on September 15-18, 2013. RON STIVISON seconded the motion. All voted in favor. Motion passed. File # 48040 CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West. “Nay”: None. Absent: None Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of July 2, 2013 2. Public Hearing of July 2, 2013 File #48041 3. Special Council Meeting of July 9, 2013 B. Approval of Council Committee Reports  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ 1. Approval of Council Committee Minutes a. Smoke-Free Air Act Public Meeting of May 6, 2013 File #48042 b. Smoke-Free Air Act Public Meeting of May 13, 2013 File #48043 c. Smoke-Free Air Act Public Meeting of May 20, 2013 File #48044 d. Council Work Session of July 2, 2013 File #47949 2. Approval of Council Committee Motions/Actions/Recommendations a. Smoke-Free Air Act Public Meeting of May 6, 2013 (none) b. Smoke-Free Air Act Public Meeting of May 13, 2013 (none) c. Smoke-Free Air Act Public Meeting of May 20, 2013 (none) d. Council Work Session of July 2, 2013 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of May 13, 2013 File #47951 2. Senior Citizen Advisory Commission Meeting of May 21, 2013 i. Motion to recommend to the City Council that through its budgeting process the City purchase and implement the Cassidian Communication Reverse 9-11 system at the earliest possible date, and that SC Police Department representative be invited to speak to the recommendation when the Council considers this recommendation File #47994 3. Board of Adjustment Meeting of June 10, 2013 File #47953 D. Receipt of Reports of the Director of Administration 1. Authorization to Negotiate an Engineering Services Contract with Thouvenot, Wade & Moerchen, Inc. (TWM) for Design of the West Clay Street Phase 1 Reconstruction Project File #48045 2. Authorization to Negotiate an Engineering Services Contract with URS Corporation for the Harry S. Truman Road Reconstruction Project File #48046 3. Report on Requests for Intra-Departmental Transfer of Appropriations >10,000.00 – June 2013 File #47977  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Pundmann Motor Company, d/b/a Pundmann Ford for the Purchase of One (1) New 2014 Ford F-550 XL Medium Duty Truck with Crane and Option 90L in an Amount not to Exceed $86,945.00 C13-414 2. Contract with World Wide Technology, Inc. for the Purchase of Three (3) New PowerEdge R720 Servers in an Amount not to Exceed $53,919.12 C13-413 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the Proposed Annual Budget for 2014 as Submitted by the Board of Directors of the Fairgrounds Road Community Improvement District File #48047 2. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law File #47936 3. Approval of Home Improvement Loan & Sewer Lateral Repair Insurance Program Co-Payment Grant File #47992 4. May Investment Report File #47982 5. Approval of Liquor License Application for Gregory O’Toole, d/b/a: Darby O’Toole’s located at 2731 Veteran’s Memorial Pkwy File #47935 6. Approval of Liquor License Application for Josh Toal, d/b/a: Bellacino’s located at 1455 Bass Pro Drive File #47935 7. Report of the Court Administrator of Monies Collected and Deposited During the Month of June 2013 File #47968 8. Approval of Letter Agreement to Extend Agreements between Police Officers Association Bargaining Units and the City to September 30, 2013 C09-251/C09-252 The Honorable Mayor Sally A. Faith and the Director of Administration Michael Spurgeon thanked Director of Community Development Bruce Evans for the outstanding job he performed as the Acting Director of Administration for the past two weeks.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 16, 2013 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese and Councilmember Tom Besselman announced an open house/ public meeting regarding the Fifth Street Gateway Project will be held on Wednesday, July 24, 2013 from 5:00 – 7:00 p.m. at St. John United Church of Christ, 405 South Fifth Street. Council Vice President Bridget Ohmes announced the St. Charles County Municipal League meeting will be held on Tuesday, July 30, 2013 at 6:30 p.m. at the T.R. Hughes Ballpark, 900 T.R. Hughes Blvd., O’Fallon, Missouri. Councilmember Laurie Feldman announced the C.O.P.S. (Challenge, Overcome, Persevere, and Succeed) Camp was held July 9-12, 2013 and 130 plus kids attended the camp! Councilmember Feldman thanked the Parks Department, Fire Department, Police Department and Sgt. Paul Jokerst for hosting such a wonderful event for our community. APPROVAL OF CLOSED MINUTES A motion was made by JERRY REESE to approve the following Closed Session Minutes: A. Closed Session of June 4, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. B. Closed Session of June 18, 2013 relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. MARY ANN OHNS seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West and Beckering. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting was adjourned at 7:31 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer