City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, November 19, 2013 at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with Vice President of the Council Bridget Ohmes, 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: Dave Beckering. 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 Council President Dave Beckering. ROD HERRMANN seconded the motion. All voted in favor, motion passed. The Honorable Mayor Sally A. Faith requested to advance to agenda item 4A Presentation by the Christmas Traditions Characters. A motion was made by MARY ANN OHMS to advance to agenda item 4A Presentation by the Christmas Traditions Characters. JERRY REESE seconded the motion. All voted in favor, motion passed. REPORT OF THE MAYOR/AWARDS/PROCLMATIONS/PRESENTATIONS Presentation by the Christmas Traditions Characters Entertainment was provided by the Christmas Tradition Carolers. PUBLIC HEARINGS/ADMINISTRATIVE HEARINGS The Vice President of the Council Bridget Ohmes announced that the following Public Hearings would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Case No. PDA-2013-1. (Lombardo Homes of St. Louis, LLC). An application to amend the previously approved Preliminary Development Plan for the commercial portion of the Talbridge PD-MU Subdivision, east of Fairgrounds Road and north of Friedens Road, within the PD-MU Planned Development-Mixed Use District. Specifically, to amend the site layout and design to replace a majority of the commercial uses currently approved for the development with forty-nine (49) lots for detached single family dwelling units. The subject property is 19.745 acres and is located in Ward 3. (RCA Attached. Public Hearing to Remain Open until the December 3, 2013, Regular Council Meeting) B. Case No. Z-2013-2. (Phoenix Real Estate Services, LLC). An application to rezone 3.83 acres of vacant land located just west of 2850 and 2880 West Clay Street (Parcel ID: 6-010A-3280-00-0002.0000000) from R-1E Single-Family Residential District to PD-R Planned Development–  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ Residential District. In conjunction with the rezoning, a preliminary development plan is proposed for the 3.83 acres and the adjacent 6.43 acres already zoned PD-R at 2850 West Clay Street (formerly known as Collinbrooke) for a total of 10.26 acres. The preliminary development plan proposes the construction of a three-story Senior Living (age- restricted) residential building with 96 dwelling units. (Ward 9) (Council Bill 11174) A motion was made by TOM BESSELMAN to advance to BILLS FOR FINAL PASSAGE Council Bill 11136. JERRY REESE seconded the motion. All voted in favor, motion passed. BILLS FOR FINAL PASSAGE Bill 11136 An Ordinance Amending Section 400.480 of the Code of Ordinances Regarding Temporary Retail Sales and Outdoor Display of Merchandise (Sponsor: Tom Besselman) Councilmember Tom Besselman requested to withdraw Bill 11136. Councilmember Besselman thanked the city staff and the residents for their time and effort they’ve put towards this council bill; however, after further research he could not support this bill due to the liability issues it places on the City. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Proclamation Declaring November 18 – 22, 2013, as “American Education Week” The Honorable Mayor Sally A. Faith presented a proclamation declaring November 18 – 22, 2013 as “American Education Week”. Larry DuFour representing the St. Charles Legion Post 312 accepted the proclamation. Mr. DuFour reported 5th graders from the community were asked to write an essay titled “Why I should be a good neighbor and a good citizen”. The following students were recognized: Eli Knight (Immanuel Lutheran School); Ben Keller (Immanuel Lutheran School); and Audrey Morris (St. Peter Catholic School). The students read their winning essays. The Honorable Mayor Sally A. Faith announced today is the 150th anniversary of the Gettysburg Address written by U.S. President Abraham Lincoln. Mayor Faith read the Address. Presentation of Proclamation Declaring November 26, 2013, as “No Hunger Holiday” The Honorable Mayor Sally A. Faith presented a proclamation declaring November 26, 2013 as “No Hunger Holiday”. Frank A. Conard representing the “No Hunger Holiday” program accepted the proclamation and stated for more information regarding the program to please visit www.nohungerholiday.com. Proclamation Recognizing “Shopping with the Saints: Saint Charles, Saint Peters and Saint Nicholas” during this Holiday Season  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ The Honorable Mayor Sally A. Faith presented a proclamation recognizing “Shopping with the Saints: Saint Charles, Saint Peter and Saint Nicholas” during this holiday season. Scott Tate, President & CEO of the Greater St. Charles County Chamber of Commerce accepted the proclamation. Mr. Tate announced Shopping with the Saints is a shop local campaign being promoted between the Greater St. Charles County Chamber of Commerce and the Cities of Saint Charles and Saint Peters. During your holiday shopping in either city you could win one of two $500 cash prizes. For more information, please visit www.gstccc.com. Councilmember Laurie Feldman also encouraged everyone to shop local this holiday season. PUBLIC COMMENT RELATIVE TO CITY ISSUES There were no public comments. RESOLUTIONS A Resolution Declaring One Motor Vehicle Assigned to the Parks and Recreation Department to be Surplus Property and Authorizing Disposal by Competitive Bid to a Salvage Yard (Sponsor: Bridget Ohmes) Passed “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West and Besselman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Resolution 13-33 A Resolution Declaring Five (5) Motor Vehicles and One (1) Horse Trailer Assigned to the Police Department as Surplus Property and Authorizing the Disposal of the Vehicles and Horse Trailer by Competitive Bid (Sponsor: Ron Stivison) Passed “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West and Besselman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Resolution 13-34 BILLS FOR FINAL PASSAGE Bill 11136 An Ordinance Amending Section 400.480 of the Code of Ordinances Regarding Temporary Retail Sales and Outdoor Display of Merchandise (Sponsor: Tom Besselman) Councilmember Tom Besselman requested to withdraw Bill 11136. Bill 11151 An Ordinance Enacting Section 215.1480 of the Code of Ordinances Pertaining to Misuse of Emergency Telephone Service (Sponsor: Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-220 Bill 11152 An Ordinance Computing the Final Costs of Phase Three Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City; Apportioning the Cost of Such Improvements Among the Properties Benefited; Assessing the Final Costs as Special Assessments; and Providing Further Authority, All Pursuant to the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 19, 2013 and is known as Ordinance 13-221 Bill 11153 An Ordinance Authorizing a Contract with Anthem to Provide a Self-Funded Medical Insurance and Prescription Drug Program to the Mayor, City Council, All Full-Time Employees and Their Eligible Dependents, Eligible Retirees and Their Eligible Spouses from February 1, 2014 Through January 31, 2015 in an Amount Not to Exceed $639,754.00 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-222 Bill 11154 An Ordinance Authorizing a Contract with Delta Dental to Provide the Mayor, City Council, All Full-Time Employees and Their Eligible Dependents, Eligible Retirees and Eligible Spouses With a Basic and Buy-Up Dental Program for the Period February 1, 2014 through January 31, 2015 in an Amount Not to Exceed $93,527.28 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-223  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ Bill 11155 An Ordinance Authorizing a GIS Data Licensing Agreement By and Between the City of St. Charles and St. Charles County for the Use of GIS Data for 2013-2014 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-224 Bill 11156 An Ordinance Amending Chapter 130 of the Code of Ordinances by Creating a New Section to be Known as Section 130.375 Providing for a Retirement Incentive Program (Sponsors: Dave Beckering, Bridget Ohmes and Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-225 Bill 11157 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 Peter and Karen Jansen, Approximately 0.70 Acres of Land Known as 2505 South Old Highway 94 (Sponsor: Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-226 Bill 11158 An Ordinance Rezoning to City Zoning District R-1C (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District) Approximately 0.70 Acres of Land Located Along the North Side of South Old Highway 94 and East of the Hackmann Road Intersection, Addressed as 2505 South Old Highway 94 (Sponsor: Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-227  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ Bill 11159 An Ordinance Approving the Record Plat for Resubdivision of Lot 9A 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, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-228 Bill 11160 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat One-A- 3, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-229 Bill 11161 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Ten-C, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-230 Bill 11162 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Sections 400.050, 400.290, and 400.330 to Add a Definition of “Microbrewery”, to add Wineries and Microbreweries as Conditional Uses in the FHCD Frenchtown Historic Commercial District, and to Add a Definition of “Restaurant Microbrewery” within the SMPD South Main Preservation District (Sponsors: Mary Ann Ohms and Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-231 Bill 11164 An Ordinance Authorizing a Contract with Hartford Insurance Company to Provide Group Term Life Insurance, Accidental Death and Dismemberment Insurance and Dependent Life Insurance for the City Council, Mayor and Full-Time Employees for the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ Period February 1, 2014 through January 31, 2015 in an Amount Not to Exceed $43,000 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-232 Bill 11166 An Ordinance Authorizing a Contract with Hartford Insurance Company to Provide Long Term Disability Insurance for Full-Time Employees for the Period February 1, 2014 through January 31, 2015 in an Amount Not to Exceed $60,000 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-233 Bill 11167 An Ordinance Repealing Ordinance No. 2013-191 Which Repealed an Existing Parking Restriction along a Portion of the East Side of Westborough Drive and Established New Parking Restrictions Along One Side of All Streets Within the Westborough Subdivision (Sponsor: Bridget Ohmes) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 20, 2013 and is known as Ordinance 13-234 Bill 11169 An Ordinance Authorizing a Contract with the Foundry Art Centre for the Management of the Art Centre in the Amount Not to Exceed $330,000 (Sponsors: Mary Ann Ohms, Mary West and Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman and Feldman “Nay”: None Absent: Beckering Approved by the Honorable Mayor on November 19, 2013 and is known as Ordinance 13-235  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11170 An Ordinance Amending Chapters 220 of the Code of Ordinances by Enacting Six (6) New Sections To Be Known As Section 220.121, 220.122, 220.123, 220.124, 220.125, and 220.126 Relative to Chronic Nuisance Properties (Sponsor: Mary West) Councilmember Mary West requested Police Chief Randy McKinley and Director of Community Development Bruce Evans to provide a brief explanation of Council Bill 11170. All members of the City Council requested that their names be added as sponsors. Bill 11171 An Ordinance Authorizing an Easement Encroachment License Agreement with Chateau Country Club Town Homes HOA for the Construction and Maintenance of a Retaining Wall on the Easement Located at or Near 2036 Bayonne Drive (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Councilmember Laurie Feldman requested that her name be added as sponsor. Bill 11172 An Ordinance Authorizing an Intergovernmental Agreement to Provide Joint Central Fire and Emergency Dispatching Services (Sponsor: Ron Stivison) Bill 11173 An Ordinance Authorizing an Easement Encroachment License Agreement with Philip F. Cofield for the Construction and Maintenance of a Retaining Wall on the Easement Located at or Near 1822 Basket Oak Drive (Sponsors: Laurie Feldman and Rod Herrmann) Bill 11174 An Ordinance Repealing Ordinance No. 06-65; Rezoning 3.83 Acres from R-1E Single- Family Residential District to PD-R Planned Development-Residential District; Approving a Preliminary Development Plan / Site Plan; and Approving a Development Agreement (Sponsor: Ron Stivison) Bill 11175 An Ordinance Approving the Record Plat for Streets of St. Charles Amended Plat Four, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Bill 11176 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Fifth Street Gateway Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Besselman, Feldman and Herrmann. “Nay”: None. Absent: Beckering. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of October 31, 2013 2. Regular Council Meeting of November 5, 2013 3. Public Hearing of November 5, 2013 File #48090 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of October 15, 2013 File #47949 b. Council Work Session of November 5, 2013 File #47949 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of October 15, 2013 (none) b. Council Work Session of November 5, 2013 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Adjustment Meeting of October 14, 2013 File #47953 2. Planning and Zoning Commission Meeting of September 23, 2013 File #47976 3. Senior Citizen Advisory Commission Meeting of August 20, 2013 File #47994 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – October, 2013 File #47977 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Authorization to enter into a Professional Services Contract with M3 Engineering Group P.C. to provide Engineering Services on the Sandfort Creek Sewer Reconstruction Project in an Amount not to exceed $49,734.00.00 C13-639 2. Authorization to enter into a Professional Services Contract with  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ George Butler Associates (GBA) to provide Engineering Services on the Boschert Creek Sanitary Sewer Replacement Project in an Amount not to exceed $78,515.00 C13-638 3. Authorization to enter into a Renewal Contract Agreement with Gerstner Electric, Inc. for the 2014 Annual Street Lighting Maintenance Project in an Amount not to exceed $80,000.00 C12-162 F. Preliminary Plats (none) G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited During the Month of October 2013 File #47968 2. Approval of an Electronic Message Sign for Ponds Plus at 1757 Old Highway 94 South File #48091 3. Approval of Home Improvement Loans File #47992 4. Monthly Investment Report – October, 2013 File #47982 5. Authorization to Elect Worker’s Compensation Coverage for Mesothelioma Liability for claims from Employees File #48092 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Tom Besselman announced this Thursday, November 21st is Old Newsboy Day. Councilmember Laurie Feldman stated to date they’ve collected less than 100…a fifth of what they collected last year for the Helping Hands for the Holidays event! Councilmember Feldman has challenged the Councilmembers to bring a coat or a donation to the first Regular Council Meeting in December. The Event is being held on Monday, December 16th at the Convention Center. APPROVAL OF CLOSED SESSION MINUTES A motion was made by JERRY REESE to approve the following closed session minutes: Council Work Session of October 15, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 19, 2013 ______________________________________________________________________________ RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Weller, West, Besselman, Feldman, Herrmann and Ohmes. “Nay”: None. Absent: Beckering. Motion passed. The Regular Council Meeting was adjourned at 8:33 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer