City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 21, 2014, 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, Michael Weller and Mary West. Absent: None. City Clerk Laura L. Whitehead was present and performed the duties of that office. File # 48108 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 Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. To consider the approval by the City Council of a Petition to add certain real property to the West Clay Extension Community Improvement District (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards and Commissions A motion was made by JERRY REESE to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: FOURTH OF JULY CELEBRATION COMMITTEE: Appointment of Randy Beilsmith to a three year term ending in January, 2017 Appointment of Vickie Borgmeyer to a three year term ending in January, 2017 Appointment of Jonny Collier to a three year term ending in January, 2017 Appointment of Erv Ermeling to a three year term ending in January, 2017 Appointment of Val Lanning to a three year term ending in January, 2017 Appointment of Andy Rowe to a three year term ending in January, 2017 Appointment of Matt Smith to a three year term ending in January, 2017 Appointment of Scott Tate to a three year term ending in January, 2017 BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering and Besselman. “Nay”: None. Absent: None. Motion passed. File #48106 Mayor Faith announced anyone interested in serving on the Fourth of July Celebration Committee is encouraged to contact the Mayor’s Office at 636/949-3269.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced the following events:  Fete De Glace…Festival of Ice, Saturday, January 25th from 9:30 a.m.-3:30 p.m. on North Main Street from 5:00 a.m. until 6:00 p.m.  Figurative Works opening January 24-March 7 at the Foundry Art Centre  The Moscow Festival Ballet presents Giselle January 25th at 8:00 p.m. at Lindenwood J. Scheidegger Center for the Arts  Motorcycles on Ice, January 25th at the Family Arena  St. Charles Chill home games will be held at the Family Arena on January 29th & 31st  The Great Train Expo, February 1st & 2nd at the St. Charles Convention Center For more information on upcoming events, visit www.historicstcharles.com. PUBLIC COMMENT Bill T. Davis, 1946 Sibley, St. Charles, Missouri, voiced concern relative to the recent code violation issued at 612 Droste Road. Larry Muench, 700 S. Main Street, St. Charles, Missouri, spoke in favor of failed Council Bill 11195 An Ordinance Amending Section 400.480 of the Code of Ordinances Regarding Temporary Retail Sales and Outdoor Display of Merchandise. Mr. Muench thanked Mayor Faith for all the meetings which were held relative to her support in adopting Council Bill 11195. Jodi Devonshire, 701 S. Riverside, St. Charles, Missouri, representing Bike Stop Café, spoke in favor of failed Council Bill 11195 An Ordinance Amending Section 400.480 of the Code of Ordinances Regarding Temporary Retail Sales and Outdoor Display of Merchandise. Ms. Devonshire announced she currently has a petition containing 45 merchant signatures and 300 patron signatures supporting a new ordinance regarding temporary retail sales and outdoor display of merchandise. RESOLUTIONS A Resolution Declaring Certain Parks and Recreation Department Equipment to be Surplus Property and Authorizing the Disposal by Trade-In (Sponsor: Bridget Ohmes) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Resolution R14-01 A Resolution Declaring Certain Parks and Recreation Department Equipment to be Surplus Property and Authorizing the Disposal by Internet On-Line Auction  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Resolution R14-02 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-012 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-013 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-014 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-015 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-016 Bill 11215 (Tabled) 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 announced the Westborough Estates Homeowners Association requested that Council Bill 11215 be tabled. The HOA has indicated they are calling a Special HOA Meeting in February, 2014 to ensure the entirety of this subject is full considered and that a clearly understood motion and vote is performed. A motion was made by BRIDGET OHMES to table Council Bill 11215 until the first Regular Council Meeting in March, 2014. JERRY REESE seconded the motion. All voted in favor. Motion passed. 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Bill 11217(Supplemental RCA Attached) 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-018 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-019 Bill 11219 An Ordinance Authorizing a Stop Sign on Southbound Spring Avenue at Sunset Drive (Sponsors: Mary Ann Ohms, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-020 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) Councilmember Laurie Feldman requested that her name be added as sponsor. Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 24, 2014 and is known as Ordinance 14-021  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ 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) Councilmember Laurie Feldman requested that her name be added as sponsor. Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 27, 2014 and is known as Ordinance 14-022 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on January 27, 2014 and is known as Ordinance 14-023 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11223 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and St. Charles County to Furnish, Deliver and Provide Housing for Prisoners of the St. Charles Municipal Court in an Amount not to Exceed $10,000.00 (Sponsor: Dave Beckering) Bill 11224 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and Lincoln County through its Sheriff’s Department to Furnish, Deliver and Provide Housing for Prisoners of the St. Charles Municipal Court in an Amount Not to Exceed $10,000.00 (Sponsor: Dave Beckering) Bill 11225 An Ordinance Approving a Petition to the City of St. Charles, Missouri to Add Real Property to the West Clay Extension Community Improvement District and to Extend Sales Tax to Added Property; Providing for other Related Matters; and Containing a Severability Clause (Sponsors: Mary Ann Ohms and Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Bill 11226 An Ordinance Authorizing Engineering Services Contract with M3 Engineering Group, P.C. to Provide Engineering Services on the Cole, Boschert, Crystal Springs Watershed Study Project in an Amount Not to Exceed $499,973.00 (Sponsor: Rod Herrmann) Councilmember Bridget Ohmes requested that her name be added as sponsor. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Carry Over of the Council Directives Account and Council Expense Accounts (referred by Council President Dave Beckering) City Clerk Laura Whitehead informed the Council the recommendation presented by Council President Beckering includes transferring up to $2,500 out of the 2013 Councilmember’s Expense Accounts into the 2014 Budget; amounts in excess of $2,500 in any 2013 Council Expense Account be transferred into the Council Directives Account in the 2014 Budget; and that all funds in the 2013 Council Directives Account be transferred into the Council Directives Account in the 2014 Budget. A motion was made by MARY WEST to approve Council President’s recommendations as presented to the full Council. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. File #48107 CONSENT AGENDA A motion was made by RON STIVISON to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms and Reese. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of January 7, 2014 2. Public Hearing of January 7, 2014 File #48109 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of December 10, 2013 File #48117 b. Council Work Session of December 10, 2013 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of December 10, 2013 (none) b. Council Work Session of December 10, 2013 (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Public Works Special Meeting of November 4, 2013 File #47986 2. Human Relations Commission Meeting of October 3, 2013 File #47974 3. Special Business District Advisory Board Meeting of December 5, 2013 File #47962 4. Board of Public Works Meeting of December 9, 2013 a. Motion to recommend approval to accept the sanitary sewer utilities at GT Gymnastics and release of full escrow b. Motion to recommend authority to negotiate a Contract with M3 Engineering for the Cole, Boschert & Crystal Spring Watershed Study c. Motion to recommend authorization to enter into a Supplemental Agreement with Crawford, Murphy and Tilley, Inc. for additional Engineering Services for the Elevated Water Storage Tank Siting Project in an amount not to exceed $58,696.00 d. Motion to enter into Supplemental Agreement #2 with Jacobs Engineering for additional Construction Related Services for the Elm Point Water Treatment Tank Improvements in an amount not to exceed $47,600.00 e. Motion to recommend authorization to enter into Supplemental Agreement #1 with Crawford, Murphy & Tilly, Inc. for additional Engineering and Construction Related Services for the Belt Filter Hood Design at Building 240 at the Mississippi WWTF in an amount not to exceed $6,975.00 f. Motion to recommend authorization to enter into a Contract Renewal with Mississippi Lime Company for the purchase of Standard Hydrated Lime for the Water Plant in an amount not to exceed $420,000.00 g. Motion to recommend authorization to enter into a contract with HD Supply Waterworks for the purchase of Water Supplies in an amount not to exceed $113,000.00 h. Motion to recommend authorization to enter into a Renewal Contract with Asphaltic Maintenance and Construction, Inc. for asphalt pavement repairs for the Water Division in an amount not to exceed $75,000.00 File #47986 5. Convention Center Oversight Subcommittee Meeting of October 7, 2013 a. Motion to table approval of the 2014 Operating and Capital Budgets for further review before final approval  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ b. Motion to approve the 2013 Capital Budget Reimbursement Request for cash paid on approved remaining 2012 capital projects c. Motion to approve payment of the Pipe Works invoice as presented File #48000 6. Convention Center Oversight Subcommittee Meeting of October 30, 2013 a. Motion to approve the 2014 Operating and Capital Budgets as presented b. Motion to adjourn to closed session c. Motion to contact the Embassy Suites and ask that the fee be discontinued pending resolution File #48000 D. Receipt of Reports of the Director of Administration 1. Request to Fill Vacant Position in Police Department File #48110 2. Request to Fill Vacant Position in Police Department File #48111 3. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – December 2013 File #47977 4. Authorization of Interim Pay for Martha Little while Performing the Duties of Interim Director of Convention and Visitors Bureau Position and Authorization to Recruit and Fill the Convention and Visitors Bureau Director Position File #48112 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Cassidian Communications, Inc. for a 36-Month License Agreement of The Communictor!® NXT™ and GeoCast® Web™ in an Amount not to Exceed $39,500.00 C14-032 F. Preliminary Plats (none) G. Miscellaneous 1. Announcement of Change to Council Rule 14(A) and (D) File #48114 2. Receipt of December Investment Report File #47982 3. Approval of Liquor License Application for Jerome Berhorst, dba: The Tapp, LLC located at 3803 Elm Street File #48115 4. Report of the City Clerk relative to Disposal of Various Records  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 21, 2014 ______________________________________________________________________________ Pursuant to the Missouri Records Manual and State Records Retention Law (Parks & Recreation Department) File #48116 5. Report of Court Administration of Monies Collected and Deposited During the Month of December 2013 File #47968 APPROVAL OF CLOSED SESSION MINUTES A motion was made by LAURIE FELDMAN to approve the following closed session minutes: A. Council Work Session of the City Council of the City of Saint Charles, Missouri, December 10, 2013, relative to legal actions, causes of action, or litigation (RSMo 610.021.1), preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) B. Council Work Session of the City Council of the City of Saint Charles, Missouri, January 7, 2014, relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting was adjourned at 7:30 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer