City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, February 4, 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 Hearings would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Case No. CU-2014-1. (St. Charles Tower). An application for a Conditional Use Permit from §400.150(D)(1)(n) to build a cellular tower within the R-1C Single- Family Residential District, specifically to construct a new 100 foot tall telecommunication tower on the campus of St. Elizabeth Ann Seton at 2 Seton Court. The subject property is 11.02 acres and is located in Ward 6 (Item tabled at the January 27, 2014 Planning & Zoning Commission Meeting; therefore, this item to be held tabled to the March 4, 2014 Regular City Council Meeting) (RCA Attached) B. Case No. CU-2014-2. (Christopher Thomas). 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 food from a food truck and trailer on a seasonal basis at 2139 First Capitol Drive (El Mel). The subject property is 2.48 acres and is located in Ward 2 (RCA Attached) C. Case No. CU-2014-3. (Greystone Holdings LLC). An application for a Conditional Use Permit from §400.220(C)(1)(l) for Taxicab Stations and Stands within the C-2 General Business District, specifically to relocate a taxi service to an existing office building and storage lot at 1708 South Fifth Street. The subject property is 0.31 acres and is located in Ward 3 (RCA Attached) D. Case No. TA-2014-1. (City of St. Charles). An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri by amending Article VII. “PD” Planned Development Districts, §400.850 Density and Dimensional Regulations and Performance Standards, and §400.860 Other Development Regulations for “PD” Districts to allow certain modifications to standard zoning ordinance requirements for Planned Developments as approved through the Planned Development review process (Council Bill 11235)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment #8 (FY 2013) (Council Bill 11229) The Honorable Mayor Sally A. Faith announced Budget Amendment #8 for fiscal year 2013 is being introduced at tonight’s meeting as Council Bill 11129. Mayor Faith requested the Councilmembers to contact her office should there be any questions relative to this item prior to final passage. File # 48122 Budget Amendment #1 (FY 2014) (Council Bill 11230) The Honorable Mayor Sally A. Faith announced Budget Amendment #1 for fiscal year 2014 is being introduced at tonight’s meeting as Council Bill 11130. Mayor Faith requested the Councilmembers to contact her office should there be any questions relative to this item prior to final passage. File #48123 Budget Amendment #2 (FY 2014) (Council Bill 11231) The Honorable Mayor Sally A. Faith announced Budget Amendment #2 for fiscal year 2014 is being introduced at tonight’s meeting as Council Bill 11131. Mayor Faith requested the Councilmembers to contact her office should there be any questions relative to this item prior to final passage. File #48124 Mayor Faith also announced going forward the Finance Department will prepare and distribute to the Councilmembers a synopsis of future budget amendments. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced the following events:  Open House regarding the Fifth Street Gateway Project on Thursday, February 6th from 5:00 – 7:00 p.m. at St. John United Church of Christ, 405 South Fifth Street  St. Charles County will be hosting an Open House regarding the I-70 Street Interchange Improvements Project on Thursday, February 13th from 2:00 – 3:00 p.m. at the St. Charles County Administration Building, 201 N. Second Street  Siostra Polish Pottery & Gifts located at 330 South Main Street will be holding cooking classes Friday, February 7th at 6:00 p.m. and Saturday, February 8th at 10:00 a.m. For more information or to make reservations, call 636/925-1480  Tea with Jane on February 16th from 2:00 – 4:00 p.m. at the Mother-in-Law House Restaurant located on South Main Street. For more information or to make reservations, call 636/949-9444  For information regarding the St. Charles Chill’s home games at the Family Arena, visit their website at www.stcharleschill.com  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________  StreetScape Magazine will host Happily Ever After: A Bridal Event on Sunday, February 16th from 12:00 – 4:00 p.m. at the Foundry Art Centre. For more information on this event, visit www.streetscapemag.com  Responder Rescue Fundraiser Kings Ball will be held on Saturday, February 22nd at the Nightclub at Ameristar Casino. For more information on this event, visit www.kingsball.org Mayor Faith also announced the City’s Fourth of July Committee has vacancies and anyone wishing to serve on this committee can contact the Mayor’s Office at 636/949-3269 for more information. The Department of Economic Development is accepting applications/nominations for the 2014 Jack Heck Employer of the Year Award. For more information, contact the Department of Economic Development at 636/949-3231. Main Street Books has been sold by the Erwin family to the Hall family! Mayor Faith welcomed the Hall family to the City and thanked the Erwin’s for their years of service to the community. Lastly, don’t forget about Friday, February 14th! Happy Valentine Day! PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Declaring Outdated Technology Equipment as Surplus Property; Authorizing the Disposal of the Equipment with Resale Value Via Internet Auction; and Authorizing Electronic Recycling of the Equipment without Resale Value (Sponsor: Michael Weller) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on February 6, 2014 and is known as Resolution 14-03 A Resolution Authorizing and Directing City Staff and Consultants to take Certain Actions with Respect to a Proposed Project for Pharma Medica Research Inc. (Sponsors: Dave Beckering, Rod Herrmann and 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 February 6, 2014 and is known as Resolution 14-04  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on February 6, 2014 and is known as Ordinance 14-024 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) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on February 6, 2014 and is known as Ordinance 14-025 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) Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on February 6, 2014 and is known as Ordinance 14-026 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 (Sponsors: Rod Herrmann and Bridget Ohmes)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ Passed “Aye”: Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on February 6, 2014 and is known as Ordinance 14-027 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11227 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing Parking Restrictions Along a Portion of Cedarbrook Drive (Sponsors: Jerry Reese, Bridget Ohmes, Mary Ann Ohms, Ron Stivison, Rod Herrmann and Dave Beckering) Bill 11228 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) Bill 11229 An Ordinance Amending Ordinance Number 12-239 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2013 (Budget Amendment #8) (Sponsor: Dave Beckering) Bill 11230 An Ordinance Amending Ordinance Number 13-245 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2014 (Budget Amendment #1) (Sponsor: Dave Beckering) Bill 11231 An Ordinance Amending Ordinance Number 13-245 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2014 (Budget Amendment #2) (Sponsor: Dave Beckering) Bill 11232 An Ordinance Amending Chapter 350, Schedule III, Table III-A and Chapter 375, Schedule I, Table I-A of the Code of Ordinances by Establishing Parking Restrictions and Speed Limits and Authorizing Stop Signs Within the West Clay Extension Project (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Dave Beckering and Ron Stivison)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ Bill 11233 An Ordinance Authorizing a Public Transit Operating Assistance Grant Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles for Receipt of State Transportation Funds in the Amount of $6,950.00 During the Period of July 1, 2013 Through June 30, 2014 (Sponsor: Ron Stivison) Councilmember Laurie Feldman requested her name be added as sponsor to Council Bill 11233. Bill 11234 An Ordinance Authorizing the Purchase of Real Property Commonly Referred To As Lot C of University Commons from Lindenwood Female College dba Lindenwood University for the Not To Exceed Amount of $1,391,732.24, 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: Dave Beckering) Bill 11235 An Ordinance Amending Sections 400.850 and 400.860 of the Code of Ordinances of the City of St. Charles, Missouri Pertaining To Density and Dimensional Regulations and Performance Standards and Other Development Regulations for Planned Development Districts (Sponsor: Mary Ann Ohms) Bill 11236 An Ordinance Approving the Record Plat for Resubdivision of Lot 1 of Liberty Plaza Center, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Bill 11237 An Ordinance Approving the Record Plat for Lot Consolidation of Lots 6 and 7 of Hineman Woods Estates, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Bridget Ohmes) Bill 11238 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Three (3) 2014 International 7400 SFA 4x2, 34,200 lb. G.V.W.R. Single-Axle Dump Trucks with Dump Bodies, Salt Spreaders and Snow Plows in an Amount Not to Exceed $396,750.00 (Sponsor: Dave Beckering) Bill 11239 An Ordinance Authorizing a Contract with America's Parking Remarking, Inc. for the City Wide Street Striping Project for 2014 in an Amount Not to Exceed $135,000.00 (Sponsor: Dave Beckering) Bill 11240 An Ordinance Authorizing a Contract with Eastern Missouri Concrete, LLC for Ready- Mix Concrete Supply Services for the Street Division in an Amount Not to Exceed $140,000.00 (Sponsor: Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ Bill 11241 An Ordinance Authorizing a STP-Urban Program Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program (STP) Funds for the Fifth Street Reconstruction Project (Sponsor: Dave Beckering) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the September 16, 2014, Regular Council Meeting due to the 2014 Missouri Municipal League Annual Conference being held on September 14-17, 2014 (referred by City Clerk Laura Whitehead) City Clerk Laura Whitehead reported the 2014 MML Conference is being held on September 14- 17, 2014 and requested the Council to consider rescheduling the September 16, 2014 Regular Council Meeting to September 23, 2014. A motion was made by LAURIE FELDMAN to reschedule the September 16, 2014 Regular Council Meeting to September 23, 2014 due to the 2014 MML Conference being held on September 14-17, 2014. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. File #48113 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”: Stivison, Weller, West, Beckering, Besselman, Feldman, Hermann, Ohmes, Ohms and Reese. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of January 21, 2014 2. Public Hearing of January 21, 2014 File #48818 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of January 7, 2014 File #48117 b. Council Work Session of January 14, 2014 File #48117 c. Street Committee Meeting of January 14, 2014 File #48119 d. Public Works Facility Design Task Force Meeting of January 21, 2014 File #48120  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of January 7, 2014 (none) b. Council Work Session of January 14, 2014 i. Motion to remove the median located in front of St. Johns Church, remove the median located in front of McDonald’s Restaurant and Sandra Avenue, and to proceed with the balance of the Project ii. Motion to grant authority to Administration and Public Works to prioritize the options c. Street Committee Meeting of January 14, 2014 i. Motion to direct staff to evaluate the curbing at St. Charles Avenue, mark proposed changes on construction drawings and email to Committee Members for review, and provide a proposal for change in the curbing to include estimated cost and time for completion ii. Motion to approve staff to introduce legislation establishing the stop signs, speed limit and no parking zones designated in the West Clay Extension Project plans subject to reduction of the no parking zone on St. Charles Avenue to the minimum necessary from the West Clay intersection iii. Motion to approve the 2014 updated Long Range Transportation Plan as presented by staff iv. Motion to approve staff to introduce legislation to establish a no parking zone along the south and west side of Cedarbrook Drive v. Consensus of the committee members to remove a streetlight at 1107 North Second Street and to not relocate the streetlight d. Public Works Facility Design Task Force Meeting of January 21, 2014 i. Consensus of the committee members that staff prioritize their needs for this facility, explore more affordable alternative options for the separate standalone structures and bring forward their recommendations for consideration and approval at the next Public Works Facility Design Task Force meeting on February 4, 2014 C. Receipt of Reports from Boards, Commissions, or Committees 1. St. Charles Park & Recreation Board Meeting of December 4, 2013 File #47952 2. Landmarks Board Meeting of December 9, 2013 File #47951 3. Planning & Zoning Commission Meeting of December 16, 2013  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ File #47976 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Amendment No. One to the Agreement with Telogis for AVL Tracking Hardware and Software in an Amount not to Exceed $7,500.00, for a Total Contract Amount not to Exceed $35,000.00 C13-012 2. Contract with Dave Sinclair Ford, Inc. for the Purchase of one (1) 2015 Ford F-550XL with Knapheide PVMX-113C Platform Body in an Amount not to Exceed $44,666.00 C14-067 3. Contract with CDW Government, LLC dba CDW-G for thirty-six (36) Panasonic Toughpads and Docking Stations in the Amount not to Exceed $99,999.52 C14-068 4. Amendment No. One to the Contract with Kforce, Inc. to allow for Additional Temporary IT Staffing Services in an Amount not to Exceed $21,000.00, for a Total Contract Amount not to Exceed $99,000.00 C13-332 5. Contract with Don Brown Chevrolet, Inc. for the Purchase three (3) 2014 Chevy Tahoe Police Pursuit Vehicles in an Amount not to Exceed $78,900.00 C14-069 6. Contract with Gulf States Distributors, Inc. for the Purchase and Delivery of Ammunition for the St. Charles Police Department in an Amount not to Exceed $73,302.00 C14-070 7. Amendment No. Two to the Contract with Lewis Rice & Fingersh, L.C. to Provide Legal Services Related to Labor Agreement Negotiations in the Amount of $20,000.00, for a Total Contract Amount not to Exceed $80,000.00 C13-119 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Revision to Council Rule 14(A) and 14(D) File #48121 2. Approval of Liquor License Application for Zackery Smithey & Gabrielle Smithey, d/b/a: Miss Aimee B’s, Inc., located at 837 First Capitol Drive File #48115  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ 3. Approval of Liquor License Application for Saiqing Ye, d/b/a: China House Buffet, located at 1325 Bass Pro Drive File #48115 4. Seek the Mayor’s Endorsement for the Fire Chief and his/her Successors to be Appointed to the Board of Users as is set forth in Article III, Section 1 of the Agreement Between St. Charles County and the City of St. Charles C13-665/ Ord. 13-238 5. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Finance) File #48116 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Ron Stivison announced Sharing Our Message with Elected Officials Open House at the National Share Office will be held on March 14, 2014 from 8:30 a.m. – 10:30 a.m. at 402 Jackson Street, St. Charles, Missouri. For more information on this event, call 636/947- 6164. Councilmember Jerry Reese announced the First Annual St. Charles Sister Cities German and Irish Dinner Dance will be held on Saturday, February 15th at 6:00 p.m. at the Stegton Banquet Center, 1450 Wall Street, St. Charles, Missouri. For ticket information, contact Mr. Reese at 636/949-0100 or Jerry.Reese@stcharlescitymo.gov. Councilmember Jerry Reese announced per Council Rule 46 he will be attending the 2014 MML Legislative Conference on February 11-12, 2014. TABLED BILLS Bill 11215 (To Remain on the Table until the March, 4, 2014, Regular Council Meeting) 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) No action taken on Council Bill 11215. The Regular Council Meeting was adjourned at 7:36 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 4, 2014 ______________________________________________________________________________ ________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer