City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, August 20, 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, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison and Michael Weller. Absent: Laurie Feldman 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. A motion was made by MARY ANN OHMS to excuse the absence of Councilmember Laurie Feldman and Councilmember 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 Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Community Development Block Grant (CDBG) 2013 Consolidated Plan Amendment (Council Bill 11074) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Checks to the Following Grant Recipients: Youth-In-Need. Presentation of check was made by Councilmember Tom Besselman in the amount of $2,000.00; and a brief description was given explaining the use of the grant funds. F.A.S.T (Foster Adoption Support Team). Presentation of check was made by Council President Dave Beckering in the amount of $2,500.00; and a brief description was given explaining the use of the grant funds. C.R.E.A.T.E., Inc. (Leftovers, Etc.). Presentation of check was made by Council President Dave Beckering in the amount of $1,000.00; and a brief description was given explaining the use of the grant funds. Recognition of Recent Retiree Britt Duncan (Police Department) The Honorable Mayor Sally A. Faith presented a Certificate of Appreciation to Britt Duncan for his years of service with the City of St. Charles Police Department. Police Chief Randy McKinley thanked Britt for his 32 years of dedicated service. Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments to Boards and  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ Commissions as presented by the Honorable Mayor Sally A. Faith: ECONOMIC DEVELOPMENT COMMISSION Appointment of Steve Kinzy for a three-year term ending in August, 2016. PLANNING AND ZONING COMMISSION Re-Appointment of Mark Hopkins for a three-year term ending in July, 2016 Re-Appointment of Ray Morse for a three-year term ending in July, 2016 PUBLIC FACILITIES AUTHORITY BOARD Appointment of Richard Baum filling a three-year term ending in August, 2015 SAINT CHARLES CONVENTION AND VISITORS BUREAU Appointment of Tim Lewin filling a three-year term ending in April, 2014 CEMETARY ADVSORY COMMITTEE Appointment of Randy Beilsmith for a three-year term ending in March, 2016 BOARD OF PUBLIC WORKS Appointment of Bill Morton filling a three-year term ending in June, 2016 STRATEGIC PLAN COMMISSION Appointment of Richard Baum for a two-year term ending in August, 2015 MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller Beckering and Besselman. “Nay”: None. Absent: Feldman and West. Motion passed. File #47959 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith read a Thank You/Appreciation Letter she received from resident Anne Ortwerth. Ms. Ortwerth wanted to advise the City what outstanding service she received by Public Works employee Scott Sharp. The Honorable Mayor Sally A. Faith announced upcoming events in the City of St. Charles. For more information on upcoming events, visit: www.historicstcharles.com; www.stcharlesconventioncenter.com; or www.familyarena.com. The Honorable Mayor Sally A. Faith announced the 2013 Festival of the Little Hills took place this past weekend and it was a great success! Mayor Faith also announced the Farmers Market has moved. Their new location is in the Foundry Art Centre’s parking lot (520 N. Main Street).  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ PUBLIC COMMENT Elbert Haenssler, 1224 Allen Avenue, St. Charles, Missouri, voiced concern relative to the Fifth Street Road Project. BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-162 Bill 11084 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Lands Petitioned for Annexation by Big St. Charles Motor Sports, LLC, Consisting of Approximately 2.39 Acres of Land Known as 3808 West Clay Street (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-152 Bill 11085 An Ordinance Rezoning to City Zoning District C-3 (Highway Business District) from County Zoning District C-2 (General Commercial District), Approximately 2.39 Acres of Land Known as 3808 West Clay Street (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-153  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ Bill 11086 An Ordinance Approving the Record Plat for Resubdivision of Lot 1 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-154 Bill 11087 An Ordinance Authorizing Amendment Number 2 to the Contract with Simpleview, Inc., for Customer Relationship Management and Search Engine Software for the Convention and Visitors Bureau in an Amount of $56,000.00 for a Total Contract Amount Not to Exceed of $147,616.00 (Sponsor: Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-155 Bill 11088 An Ordinance Authorizing Amendment No. 7 to the Contract with Cunningham, Vogel & Rost, P.C. to Provide Special Legal Services for the Streets of St. Charles at Noah’s Ark Project in an Amount of $20,000.00, for a Total Contract Amount Not to Exceed $157,000 (Sponsor: Laurie Feldman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-156 Bill 11089 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of General Obligation Bonds, Series 2013B, of the City of St. Charles, Missouri; Prescribing the Form and Details of the Bonds; Providing for the Levy and Collection of an Annual Tax for the Purpose of Paying the Principal of and Interest on the Bonds as they become Due; and Authorizing Certain other Documents and Actions in Connection Therewith (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 20, 2013 and is known as Ordinance 2013-157  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ Bill 11090 An Ordinance Authorizing the Vacation of an Existing Ten-Foot Wide Utility Easement Located on Part of Lot 126 and all of Lot 127 of the Fox Hill Subdivision for the Property Addressed 3212 Kister Drive (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-158 Bill 11091 An Ordinance Repealing Ordinance No. 13-95 and Enacting a New 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-159 Bill 11092 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat One-A- 4, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-160 Bill 11093 An Ordinance Approving an Amendment to the Development Plan for the New Town Gateway District by Amending the New Town Regulating Plan Transect Zone Map from T5 Urban Center Transect Zone to T4 General Urban Transect Zone; Approving a Preliminary Development Plan; and a Second Amendment to the Development Agreement (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, Beckering and Besselman “Nay”: None Absent: West and Feldman Approved by the Honorable Mayor on August 23, 2013 and is known as Ordinance 2013-161  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11094 An Ordinance Authorizing Amendment Number 3 to the Five-Year Contract with Schowalter & Jabouri, PC to Provide Additional Professional Auditing Services for Fiscal Year 2012 in an Amount of $2,000.00, for a Total Contract Amount Not to Exceed $352,487.00 (Sponsor: Dave Beckering) Bill 11095 An Ordinance Amending Section 705.280 of the Code of Ordinances Pertaining to the Sewer Lateral Repair Program to Temporarily, for the Calendar Years 2014, 2015 and 2016, Reduce the Annual Fee from $28.00 to $20.00 (Sponsor: Rod Herrmann) Bill 11096 An Ordinance Authorizing Agreements with Public Service Agencies for Administering Programs Benefiting St. Charles Citizens Utilizing Community Development Block Grant Funds for the Program Year January 1, 2013 – December 31, 2013 (Sponsor: Dave Beckering) Bill 11097 An Ordinance Authorizing a General Engineering Services Contract with HDR Engineering, Inc. for Preparing Construction Plans and Associated Services for the Wastewater Collection and Trunkline Modeling Project in an Amount Not to Exceed $266,610.00 (Sponsor: Rod Herrmann) Bill 11098 An Ordinance Authorizing a License Agreement By and Among the Hayford Bridge Road Group, The Goodyear Tire & Rubber Company, Findett Real Estate Corporation, Geotechnology, Inc. and the City of St. Charles for the Purpose of Access and Advancement of Seven (7) Borings on City Property Utilizing Direct Push Sampling and Testing of Both Soil and Groundwater and Construction of a Temporary Decontamination Pad as Required by the U.S. EPA under an Administrative Settlement Agreement and Order on Consent for Emergency Response Action (Sponsor: Rod Herrmann) Bill 11099 (amended prior to introduction) An Ordinance Fixing and Establishing the Rate and Levying the Taxes for the General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri, for the Year Two Thousand and Thirteen (Sponsor: Dave Beckering) Council President Beckering requested his name be removed as sponsor. Councilmembers Ron Stivison, Jerry Reese, Michael Weller, Bridget Ohmes and Rod Herrmann requested their names be added as sponsors. A motion was made by BRIDGET OHMES to amend Council Bill 11099  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ Section 1.B. Public Park Maintenance Fund from .2470 to .2319. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, Beckering, Besselman and Herrmann. “Nay”: None. Absent: West and Feldman. Motion passed. Bill 11100 An Ordinance Authorizing a Right-of-Way Encroachment License with East Central Missouri Water and Sewer Authority to Construct and Maintain a Force Main on the Right of Way Located at or Near the Bridge on Harry S Truman Boulevard Near the 370 Industrial Tract (Sponsors: Jerry Reese, Ron Stivison, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Bill 11101 An Ordinance Authorizing a Right-of-Way Encroachment License with St. Charles Noah Development, LLC to Construct and Maintain a Blade Sign and Awnings on the Right of Way Located at or Near the North Side of 1650 Beale Street (on Lombard Street) in the 4000 Block of Streets of St. Charles (Sponsors: Laurie Feldman, Jerry Reese, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Bill 11102 An Ordinance Authorizing a Right-of-Way Encroachment License with St. Charles Noah Development, LLC to Construct and Maintain a Split Sidewalk on the Right of Way Located at or Near the North Side of 1650 Beale Street (on Lombard Street) in the 4000 Block of Streets of St. Charles (Sponsors: Laurie Feldman, Jerry Reese, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Bill 11103 An Ordinance Authorizing Labor Agreements Between the City of St. Charles, Missouri and the St. Charles Police Officers Association for the Police Officers Bargaining Unit and the Police Sergeants Bargaining Unit for the Period October 1, 2013 through December 31, 2015 (Sponsor: Ron Stivison) Bill 11104 An Ordinance Enacting Eight New Sections of the Code of Ordinances to be known as Sections 700.400, 700.410, 700.420, 700.430, 700.440, 700.450, 700.460 and 700.470 to Establish a Water Line Repair Program; Establishing an Annual Fee; and an Effective Date (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative Missouri House Bill 253 (referred by Councilmember Jerry Reese) Councilmember Jerry Reese provided an update relative to the status of Missouri House Bill 253. File #48060 Establishment and Appointment of Members to the Ward Redistricting Committee (referred by Council President Dave Beckering) Council President Dave Beckering provided a brief explanation and purpose of establishing a City Council Ward Redistricting Committee; and recommended the following Councilmembers serve on the Committee: Beckering, Reese, Ohmes, Herrmann and Stivison. A motion was made by ROD HERRMANN to establish a City Council Ward Redistricting Committee; and the following Councilmembers serve on the Committee: Dave Beckering, Jerry Reese, Bridget Ohmes, Rod Herrmann and Ron Stivison. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, Beckering, Besselman, Herrmann and Ohmes. “Nay”: None. Absent: West and Feldman. Motion passed. File #48061 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, Beckering, Besselman, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: West and Feldman. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 6, 2013 2. Public Hearing Meeting of August 6, 2013 File #48057 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of August 6, 2013 File #47949 b. Special Street Committee Meeting of August 8, 2013 File #47950 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of August 6, 2013 (none) b. Special Street Committee Meeting of August 8, 2013 i. Motion to select Option #2 as presented by staff for the McDonough to First Capitol Roadway Cross Section portion of the Fifth Street Gateway Project ii. Motion to select Option #2 as presented by staff for the Sidewalk Options portion of the Fifth Street Gateway  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ Project iii. Motion to select Option #2 as presented by staff for the Streetscape Historic Concept portion of the Fifth Street Gateway Project with the condition that there will be an opportunity for additional input from the Street Committee members relative to materials and plantings used and maintenance concerns of these items iv. Motion to select Option #2 as presented by staff for the Gateway Concept portion of the Fifth Street Gateway Project with the condition that there will be an opportunity for additional input from the Street Committee members relative to the design details and materials proposed during the final design phase of the project C. Receipt of Reports from Boards, Commissions, or Committees 1. Greater St. Charles Convention & Visitors Commission Meeting of June 27, 2013 a. Motion to approve Financial Report b. Motion to approve Ms. Dorothy Boshears as Vice-Chair of the Convention & Visitors Commission c. Motion to approve all of the items listed under section “VI. a. Core” File #48002 2. Convention Center Oversight Subcommittee Meeting of April 1, 2013 a. Motion to approve the audited financial reports as submitted b. Motion to approve reimbursement of roof deductible in the amount of $25,000 to Convention Center account File #48000 3. Board of Adjustment Meeting of July 8, 2013 File #47953 4. Public Facilities Authority Meeting of August 29, 2012 a. Motion to receive and approve the 2012 Annual Report b. Motion to elect Brian Bredensteiner as President and Gary Arthur as Vice President and Treasurer to the Board for 2012 c. Motion to elect Kelly Vaughn, Director of Finance of the City of St. Charles to the Board for 2012 File #47883 5. Public Facilities Authority Meeting of July 23, 2013 File #48058 6. Economic Development Commission Meeting of May 2, 2013 File #48001  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – July, 2013 File #47977 E. Approval of Contracts and Easements from $30,001 - $99,999 (none) F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the Proposed Annual Budget for 2014 as Submitted by the Board of Directors of the Plaza at Noah’s Ark Community Improvement District File #48059 2. Report of the Court Administrator of Monies Collected and Deposited During the Month of July, 2013 File #47968 3. Approval of Liquor License Application for David Frey, d/b/a: Three on 4 Properties, located at 212 North Main Street File #47935 4. July Investment Report File #47982 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese provided an update relative to the recent Senior Health Fair Event. Councilmember Tom Besselman thanked the Public Works Department for their assistance on road issues during the Festival of the Little Hills Event. Councilmember Michael Weller thanked the Parks Department for the great looking fields during this past weekend’s men’s softball tournament at Wapelhorst Park. Councilmember Jerry Reese reminded everyone September 9, 2013 is St. Charles Night Out! APPROVAL OF CLOSED MINUTES A motion was made by JERRY REESE to approve the following Closed Session Minutes: A. Closed Session of the Council Work Session of the City Council of the City of St. Charles, Missouri, of July 2, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where pubic knowledge of the transaction might adversely affect the legal consideration therefore (RSMo 610.021.2); and sealed proposals and related  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2013 ______________________________________________________________________________ documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. (Set 2) B. Closed Session of the Special Council Meeting of the City Council of the City of St. Charles, Missouri, of July 30, 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 4:35 p.m. MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Stivison, Weller, Beckering, Besselman, Herrmann, Ohmes, Ohms and Reese. “Nay”: None. Absent: West and Feldman. Motion passed. The Regular Council Meeting was adjourned at 7:46 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer