City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 7, 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, Michael Weller and Mary West. Absent: Ron Stivison. 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 BRIDGET OHMES to excuse the absence of Councilmember Ron Stivison. MARY WEST 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-2013-9. (Phongphipat & Emily Chaisitiphol). An application for a Conditional Use Permit from §400.760(C) to establish a new nonconforming use that is equal to or of less intensity than the prior nonconforming use of storage and automotive repair within the R-1E Single-Family Residential District, specifically to store automotive parts and operate an online retail business for auto parts at 1501 North Fourth Street. The subject property is 0.23 acres and is located in Ward 1. (RCA Attached) B. Case No. CU-2013-10. (Steve Keitel). An application for a Conditional Use Permit from §400.480(C) for Temporary Retail Sales within the C-2 General Business District, specifically to sell flowers on a seasonal basis at 1005/1015 South Fifth Street. The subject property is 1.09 acres and is located in Ward 2. (RCA Attached) C. Case No. Z-2013-5. (Virginia Hausmann) An application to rezone upon annexation approximately 0.23 acres of land being part of Lakeview Lot 36 (also known as a vacant parcel identified as 4 Eastview Drive) from St. Charles County R-1E Single Family Residential District to City of St. Charles R-1E Single Family Residential District. The property will be located in Ward 4 upon annexation. (Council Bill 11213) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards and Commissions A motion was made by JERRY REESE to approve the appointment of Alice Stoviak to the Special Business District Advisory Board for a three-year term ending in November, 2016.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Weller, West, Beckering, Besselman, Feldman and Herrmann. “Nay”: None. Absent: Stivison. Motion passed. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced the following events:  Fete De Glace…Festival of Ice event will be held on Saturday, January 25th from 9:30 a.m. – 4:00 p.m. on North Main Street  Free Open Ice Skate Nights will be held on January 10th from 9:00 p.m. – 1:00 a.m. at The Family Arena  St. Louis’ BEST Bridal Show will be held on January 19th from Noon – 4:00 p.m. at the St. Charles Convention Center  Rag Dolls, Robots & Rocketships exhibition will end on January 17th. Event being held at the Foundry Art Center  Spiro’s Grand Lunch at the Foundry Art Center is held every Thursday from 11:00 a.m. – 1:30 p.m. Cost $12 per person  Lindenwood J. Scheidegger Center for the Arts will host The Moscow Festival Ballet presents Giselle on January 25th at 8:00 p.m. Mayor Faith announced The Old City Club Tavern at the corner of Main Street and First Capitol Drive is closing. The building has been sold and their last day will be January 25th. They are having a "Farewell to The City Club" party with free food & entertainment Saturday, January 25th. The doors that day will open at 6:00 a.m. and the party starts at noon until the doors close at 1:30 a.m. PUBLIC COMMENT Public Comment Relative to Agenda Items Kevin Walters, 3000 Westborough, St. Charles, Missouri, spoke in opposition to Council Bill 11215 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Repealing Ordinance 03-302 Removing Existing No Parking Restrictions Along a Portion of the East Side of Westborough Drive and Establishing No Parking Restrictions Along One Side of All Streets Within the Westborough Subdivision. Public Comment Relative to City Issues Bill T. Davis, 1946 Sibley, St. Charles, Missouri, voiced concern relative to the recent code violation located at 612 Droste Road. BILLS FOR FINAL PASSAGE Bill 11199 An Ordinance Authorizing Amendment Number 3 to the Contract with Simpleview, Inc., for Customer Relationship Management and Search Engine Software for the Convention and Visitors Bureau in an Amount of $5,252.00 for a Total Amount Not to Exceed of $152,868.00 (Sponsor: Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-001 Bill 11200 An Ordinance Approving the Record Plat for Resubdivision of Lot 3A of The Hamptons PD- R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-002 Bill 11201 An Ordinance Amending the Development Plan and Regulating Plan for the Plaza at Noah’s Ark Project (now known as the Streets of St. Charles) at 1500 South Fifth Street Within the PD-MU Planned Development-Mixed Use District (Sponsor: Laurie Feldman) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-003 Bill 11202 An Ordinance Authorizing a Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime for the Water Division in an Amount Not to Exceed $420,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 201 and is known as Ordinance 14-004 Bill 11203 An Ordinance Authorizing a Contract with HD Supply Waterworks, LTD for the Purchase of Miscellaneous Water Supplies Used by the Water Division in an Amount Not to Exceed $113,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-005 Bill 11204 An Ordinance Authorizing Supplemental Agreement Number 1 to the Engineering Services Contract with Crawford, Murphy and Tilly, Inc. (CMT) for the Design of the Elevated Storage Siting Project in an Amount of $58,696.00, for a Total Amount Not to Exceed $123,596.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-006 Bill 11205 An Ordinance Authorizing Amendment #2 to the Contract with Landvatter Ready Mix, Inc. for Ready-Mix Concrete Supply Services for the Street Division in the Amount of $15,000.00, for a Total Contract Amount Not to Exceed $150,000.00 (Sponsor: Dave Beckering) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-007 Bill 11206 An Ordinance Authorizing Contract Amendment Number 1 to the Three-Year Contract (Years 2013, 2014, 2015) with Melrose Pyrotechnics, Inc. for Providing One (1) Additional Fireworks Display on July 5, 2014 in an Amount of $34,500.00, for a Total Contract Amount Not to Exceed $172,350.00 (Sponsor: Ron Stivison) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-008 Bill 11207 An Ordinance Authorizing a Right-of-Way Encroachment License with St. Charles Noah Development, LLC to Construct and Maintain a Retaining Wall on the Right of Way Located at or near the Southwest Intersection of Main Street and Lombard Street (4000 Block of Lombard Street in the Streets of St. Charles) (Sponsor: Laurie Feldman) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-009 Bill 11208 An Ordinance Authorizing Acceptance of Sanitary Sewer Utilities and Their Appurtenances at GT Gymnastics and Authorizing Release of Security Related Thereto (Sponsor: Jerry Reese) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 10, 2014 and is known as Ordinance 14-010 Bill 11209 An Ordinance Authorizing the Purchase of Real Property Located at 14 Marie Drive for the Not To Exceed Amount of $89,400.00, Inclusive of Closing Costs, and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Reese, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: Stivison Approved by the Honorable Mayor on January 7, 2014 and is known as Ordinance 14-011 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11210 An Ordinance Amending the Development Plan and Development Agreement for Brighton Park for the Condominium Project Know as The Reserve at Fountainview Condominiums (Sponsor: Jerry Reese) Bill 11211 An Ordinance Authorizing the Vacation of Approximately 8,763 Square Feet of Side and Rear Yard Utility Easements Located on Lots 1, 2, 3 and Common Ground of Governor Place Plat One, Also Known as 30 Old Governor Place (Sponsor: Rod Herrmann) Bill 11212 An Ordinance Annexing Certain Adjacent Contiguous Territories into the City of Saint Charles, Missouri, and Assigning the Properties to a Designated Ward of the City Being Lands Petitioned for Annexation by Virginia Hausmann (0.23 Acre of Land Being Part of Lot 36 of the Lakeview Subdivision) (Sponsor: Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ Bill 11213 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District) Approximately 0.23 Acres of Land Located Along the East Side of Eastview Drive, Being Part of Lakeview Subdivision Lot 36 (Sponsor: Mary West) Bill 11214 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the West Clay Street Phase 1 Reconstruction Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Ron Stivison) Bill 11215 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Repealing Ordinance 03-302 Removing Existing No Parking Restrictions Along a Portion of the East Side of Westborough Drive and Establishing No Parking Restrictions Along One Side of All Streets Within the Westborough Subdivision (Sponsor: Bridget Ohmes) Councilmember Bridget Ohmes thanked Mr. Walters for his comments this evening. Councilmember Ohmes stated this issue was brought forward by the Home Owners Association of Westborough Subdivision. Public Works and the Fire Department indicated parking restrictions could be placed on either side of the street. The Home Owners Association met and voted to establish the parking restrictions on the side of the street which is reflected in Council Bill 11215. Bill 11216 An Ordinance Authorizing Supplemental Agreement Number 2 to the Engineering Services Contract with Jacobs Engineering Group, Inc. to Provide Design and Construction Related Services for Improvements to the Existing 750,000 Gallon Ground Storage Tank and a New 150,000 Gallon Ground Storage Tank at the Elm Point Water Treatment Facility in an Amount of $47,600 for a Total Amount Not to Exceed $167,600 (Sponsor: Rod Herrmann) Bill 11217 An Ordinance Authorizing Contract Renewal Number 1 with IESI MO Champ Landfill, LLC, for Landfill Services for the City Sanitary Sewer Operation in an Amount Not to Exceed $305,910.00 (Sponsor: Rod Herrmann) Bill 11218 An Ordinance Authorizing a Stop Sign on Westbound Broad Street at Canal Street (Sponsors: Mary Ann Ohms, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) Bill 11219 An Ordinance Authorizing a Stop Sign on Southbound Spring Avenue at Sunset Drive  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ (Sponsors: Mary Ann Ohms, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) Bill 11220 An Ordinance Authorizing a Congestion Mitigation and Air Quality Agreement with the Missouri Highways and Transportation Commission to Provide CMAQ Federal Funding for the Flashing Yellow Arrow Improvement Project (Sponsor: Jerry Reese) Bill 11221 An Ordinance Repealing Ordinance No. 2013-181 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; and to Establish a Director of Economic Development and a Director of Convention and Visitors Position (Sponsor: Dave Beckering) Bill 11222 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and REJIS Commission to Provide 2014 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $47,099.12 (Sponsor: Ron Stivison) Councilmember Mary West requested an explanation relative to this bill. Police Chief Randy McKinley explained the Agreement will allow the Police Department access to the REJIS database which provides criminal information. Chief McKinley also explained the Agreement includes license fees. 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”: Herrmann, Ohmes, Ohms, Reese, Weller, West, Beckering, Besselman and Feldman. “Nay”: None. Absent: Stivison. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of December 10, 2013 2. Regular Council Meeting of December 17, 2013 3. Public Hearing of December 17, 2013 File #48104 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of December 10, 2013 File #47950 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of December 10, 2013  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ i. Motion to elect Ron Stivison as Chairman of the Street Committee ii. Motion to elect Mary Ann Ohms as Vice Chairman of the Street Committee iii. Motion to grant a sidewalk variance at 3400 Harry S. Truman Blvd. (motion failed) iv. Motion to approve staff to bring forward legislation to establish a stop sign on the westbound Broad Street approach to Canal Street in the New Town Development v. Motion to approve a Right-of-Way Encroachment License for the Streets of St. Charles 4000 block along Lombard Street vi. Motion to install pavement markings to narrow driving lane on the southbound side of Second Street from First Capitol to Tomkins Street vii. Consensus of the Street Committee members to accept staff’s recommendation to utilize targeted enforcement as a speed reduction method along Summitview Drive viii. Motion to accept staff recommendation that the intersection remain a two way stop with plans for staff to study the intersection again in approximately one year ix. Motion to approve staff to bring forth legislation to establish a stop sign on the southbound Spring Avenue approach to Sunset Drive x. Consensus of the Street Committee to accept staff’s recommendation to collect traffic data and pedestrian counts at the intersection of Lindenwood Avenue and Bennet Avenue, obtain input from St. Charles High School Administration and make a determination relative to whether a four way stop is warranted at this location C. Receipt of Reports from Boards, Commissions, or Committees 1. Special Business District Advisory Board Meeting of November 7, 2013 a. Motion to accept the bid from TJ’s Lawn and Landscape for Snow Removal Services. b. Motion to approve $1,357.00 reimbursement to Convention and Visitors Bureau for winter plantings File #47962 2. Landmarks Board Meeting of November 18, 2013 File #47951 3. Board of Adjustment Meeting of December 2, 2013 File #47953 4. Planning and Zoning Commission Meeting of November 25, 2013  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ File #47976 5. Board of Public Works Meeting of November 18, 2013 a. Motion to recommend approval of the easement encroachment license at 1822 Basket Oak Drive b. Motion to recommend authorization to enter into an Engineering Services Contract with M3 Engineering Group for the Sandfort Creek Sewer Reconstruction Project not to exceed $49,734.00 c. Motion to recommend authorization to enter into an Engineering Services Contract with George Butler Associates for the Boschert Creek Sanitary Sewer Replacement project not to exceed $78,515.00 d. Motion to recommend authorization to enter into a Contract with Schaeffer Electric Company, Inc. for Standby Generator Replacement at Sandfort Creek Lift Station and Facility Building 010 Transformer and Panel Board Replacement at Mississippi Waste Water Treatment Facility not to exceed $106,905.00 e. Motion to recommend authorization to enter into a contract with MMI, LLC for Building 240 Ventilation Improvement Project at Mississippi Waste Water Treatment Facility not to exceed $145,995.00 f. Motion to recommend authorization to enter into a contract with Oros & Busch Application Technologies, Inc. for removal of lime residuals from Elm Point Water Treatment Facility lagoon not to exceed $340,000.00 Councilmember Mary West inquired if this contract is an annual cost. Director of Public Works Debra Aylsworth reported it’s an annual budgeted amount. g. Motion to recommend authorization to enter into Change Order No. 2 with Du-Con, Inc. for Tank Improvements for Elm Point Water Treatment Plant not to exceed $509,450.00, bringing total contract not to exceed $1,045,624.00 Director of Administration Michael Spurgeon explained the difference between a change order and a supplemental agreement per the request of Councilmember Mary West. File #47986 D. Receipt of Reports of the Director of Administration 1. Authorization to Negotiate an Engineering Services Contract with Crawford, Bunte, Brammeier (CBB) for the Flashing Yellow Arrow Signal Improvement Project File #48105 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Second Renewal Contract with Dawn Blackburn dba Fat Dog Creative to Provide Graphic Design Services in an amount not to exceed $45,600.00 C12-182  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ 2. Contract with St. Louis Post-Dispatch, LLC dba St. Louis Advertising Network for Publication and Advertisement Services in an Amount not to exceed $72,650.00 C14-010 3. Supplemental Agreement #1 with Crawford, Murphy, and Tilley, Inc. for Professional Services for the Belt Filter Hood Design at Building 240 Mississippi Wastewater Treatment Facility in the amount of $6,975.00 for a Total Contract Amount not to exceed $32,755.00 C13-419 4. Contract with Bax Engineering Company for Engineering Services on the Elm at Elm Point Traffic Flow Improvement Project CMAQ-7302(650) in an Amount not to exceed $73,503.93 C14-009 5. Second Renewal Contract with Starcrest, Inc. for Uniform Dry Cleaning Services for the St. Charles Police Department in an Amount not to exceed $40,300.00 C11-284 6. Second Renewal Contract with Leon Uniform Company, Inc. for Uniforms and Equipment for the St. Charles Police Department in an Amount not to exceed $39,000.00 C11-418 7. Contract with Cunningham, Vogel & Rost, P.C., for Bond Counsel Legal Services for the Issuance of Approximately $2,915,000.00 of Neighborhood Improvement District Bonds for the New Town Gateway Neighborhood Improvement District Infrastructure Project Phase One Improvements, Series 2014, in an Amount not to exceed $42,700.00 C14-008 8. Contract with Gilmore & Bell, P.C. for Special Legal Counsel Services for the Proposed Issuance of Approximately $30,000,000.00 City of St. Charles, Missouri Taxable Industrial Revenue Bonds pursuant to Chapter 100 RSMo for the Pharma Medica Research Inc. Project in an Amount not to exceed $65,000.00 C14-007 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Clerk’s Office) File #47936 2. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Police  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 7, 2014 ______________________________________________________________________________ Department) File #47936 3. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Finance Department) File #47936 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Tom Besselman announced the closing of The City Club and thanked them for their years of service to this community. Council President Dave Beckering, Councilmember Rod Herrmann and Councilmember Mike Weller thanked the Public Works Department/Street Division for a job well done with the snow removal on the streets under the difficult weather conditions. Councilmember Rod Herrmann thanked the Fire Department for their performance during a recent house fire located on Nancy Drive. Councilmember Herrmann announced four fire fighters were injured and his thoughts and prayers are with them and their families. Councilmember Michael Weller announced he witnessed a water main break during this recent snow event and thanked the personnel of the Public Works Department for a job well done! The Regular Council Meeting was adjourned at 7:41 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer