City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, February 18, 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. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Martin Luther King Dream Project Art Contest Awards Council Vice President Bridget Ohmes recognized the winners of the 2014 Martin Luther King Dream Project Art Contest and presented awards to the students. Vice President Ohmes thanked all the Members of the Human Relation Commission and Melissa Whitman, Exhibitions Manager with the Foundry Art Centre. Each Commission Member introduced themselves to the Mayor and City Council Members. Presentation of the Annual Human Relations Commission Award Council Vice President Bridget Ohmes announced Youth-In-Need as the recipient of the 2014 Annual Human Relations Commission Award. Rob Muschany accepted the Award on behalf of Youth-In-Need. Appointments to Boards and Commissions A motion was made by RON STIVISON to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: ARTS AND CULTURE COMMISSION: Appointment of Jodi Devonshire to a three year term ending in May, 2016 Appointment of Arthur Day to a three year term ending in May, 2016 FOURTH OF JULY CELEBRATION COMMITTEE: Appointment of Jerac Burks to a three year term ending in January, 2017 Appointment of Martin Wexler to a three year term ending in January, 2017 Appointment of Gene Wright to a three year term ending in January, 2017 Appointment of Tammy Wright to a three year term ending in January, 2017 LANDMARKS BOARD: Re-Appointment of Christine Berry to a three year term ending in February, 2017 MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ results: “Aye”: Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West and Beckering. “Nay”: None. Absent: None. Motion passed. File #48106 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith encouraged everyone to “get out and shop”! The Honorable Mayor Sally A. Faith announced the St. Charles City Economic Development Department and Convention and Visitors Bureau is collaborating with businesses to Discover ways to market the City of St. Charles as a wedding destination. Suggestions are welcomed by all and all are invited to attend their first Wedding Networking Meeting being held on Thursday, February 20, 2014 at City Hall at 5:30 p.m. PUBLIC COMMENT Bill T. Davis, 1946 Sibley, St. Charles, Missouri, voiced concerns relative to the recent code violation issued at 2209 Droste Road. RESOLUTIONS A Resolution Authorizing Submittal of an Applications with East West Gateway Council of Governments for Grants under the FY 2016-2018 STP (Surface Transportation Program) Funds and FY 2015-2016 CMAQ (Congestion Mitigation Air Quality) Funds (Sponsors: Ron Stivison, Mary Ann Ohms, Dave Beckering, Bridget Ohmes and Rod Herrmann) Councilmember Laurie Feldman requested her name be added as sponsor. Passed “Aye”: Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Resolution R14-05 A Resolution Declaring Twelve Motor Vehicles and Equipment Assigned to the Public Works Department as Surplus Property and Authorizing Disposal (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Resolution R14-06 A Resolution Establishing a Policy Regarding the Use of Gaming Funds for Recurring Operational Expenses (Sponsors: Dave Beckering, Mary Ann Ohms, Tom Besselman, Laurie Feldman and Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ Councilmembers Ron Stivison, Bridget Ohmes, Rod Herrmann, Mike Weller and Mary West requested their names be added as sponsors. City Attorney Michael Valenti announced Section one (1) of the Resolution should read “not more than $8,433,500” as opposed to $8,400,000. A motion was made by LAURIE FELDMAN to amend Section one (1) of the Resolution to reflect the dollar amount as $8,433,500.00. JERRY REESE seconded the motion. All voted in favor, motion passed. Passed “Aye”: Ohmes, Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Resolution R14-07 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-028 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-029 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-030 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-031 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-032 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-033 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ Period of July 1, 2013 Through June 30, 2014 (Sponsors: Ron Stivison and Laurie Feldman) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-034 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-035 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-036 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-037 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:  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ 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 February 24, 2014 and is known as Ordinance 14-038 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) Council President Dave Beckering announced a couple of Councilmembers have voiced concern relative to Council Bill 11238 and have requested additional information from Administration. Administration will be providing the requested information to the full Council for review; and therefore, President Beckering requested to hold Council Bill 11238 to the March 18, 2014 Regular Council Meeting. 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-039 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) Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-040 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ Passed “Aye”: Ohms, Reese, Stivison, Weller, West, Beckering, Besselman, Feldman, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 24, 2014 and is known as Ordinance 14-041 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11242 An Ordinance Approving the Record Plat for University Commons Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Tom Besselman) Bill 11243 An Ordinance Authorizing Supplemental Agreement Number 2 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 $2,000.00, for a Total Amount Not to Exceed $125,596.00 (Sponsor: Rod Herrmann) Bill 11244 An Ordinance Authorizing the City to Enter Into an Amended and Restated Medical Director Agreement with SSM Health Care St. Louis and St. Charles Emergency Group, LLC (Sponsor: Mary Ann Ohms) Bill 11245 An Ordinance Authorizing the Mayor and City Clerk to Execute a Funding Approval Agreement with the Missouri Commission on Human Rights for Receipt and Disbursement of Grant Funds to Support the City of St. Charles Human Relations Commission for Fair Housing Activities (Sponsor: Dave Beckering) Councilmember Bridget Ohmes requested her name be added as sponsor. Bill 11246 An Ordinance Authorizing a Right-of-Way Encroachment License with Lindenwood University to Construct and Maintain a Conduit and Fiber Optic Installation in the Alley Located on City Right of Way South of 110 S. Kingshighway (Sponsors: Mary West, Dave Beckering, Bridget Ohmes, Mary Ann Ohms, Rod Herrmann and Ron Stivison) Bill 11247 An ordinance Approving a First Amendment to the Development Finance Agreement for the New Town Gateway Neighborhood Improvement District; and Authorizing and Directing the Mayor of the City to Execute and Deliver the Same. (Sponsor: Rod Herrmann) Bill 11248 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ Ordinances by Establishing No Parking Restrictions Along One Side of All Streets Within the Westborough Subdivision (Sponsor: Bridget Ohmes) Bill 11249 An Ordinance Authorizing a Contract with C. Rallo Contracting Company, Inc. for the City Hall Parking Renovation Structure Project in an Amount Not to Exceed $3,291,902.10 (Sponsors: Mary Ann Ohms and Tom Besselman) Councilmember Bridget Ohmes requested her name be added as sponsor. Bill 11250 An Ordinance Authorizing a Contract with Pecoraro Limousines, LLC dba JED Transportation f or Temporary Shuttle Bus Transit Services During Closure of the Parking Garage for the City Hall Parking Structure Renovation Project in an Amount Not to Exceed $106,120.00 (Sponsors: Mary Ann Ohms and Tom Besselman) Council President Beckering inquired as to whom does and what services does this contract cover? Director of Administration reported information relative to the Parking Garage Reconstruction Project will be distributed to the full Council and there will also be an update relative to the Project at the March 11, 2014 Council Work Session. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to the 2014 Holiday Party and Employee Recognition Event City Clerk Laura Whitehead requested Council’s approval to fund $18,500.00 from the council directives account towards the 2014 Holiday Party and Employee Recognition Event as outlined in the RCA provided to the Councilmembers. MARY WEST made a motion to fund $18,500 from the council directives account towards the 2014 Holiday Party and Employee Recognition Event as outlined the RCA provided to the Councilmembers. BRIDGET OHMES seconded the motion. Councilmember Laurie Feldman voiced concern relative to holding the Event at the Convention Center again this year and recommended bidding Event in the future. 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 #48125 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”: 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 February 4, 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ 2. Public Hearing of February 4, 2014 File #48126 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Public Works Facility Design Task Force Meeting of February 4, 2014 File #48120 b. Council Work Session of February 4, 2014 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Public Works Facility Design Task Force Meeting of February 4, 2014 i. Motion to approve Public Works recommendations (with the exception that item #2 be modified) as follows: 1. Complete plans and specifications in accordance with the cost containment / reduction measured identified on pg. 1 and OPPC of $8,853730.00 as shown on Exhibit A and let the project for bid in a late February/ early March timeframe; 2. Bid the following standalone structures as separate project(s): I. Salt Storage Structure II. Water Distribution Shop / Phase 2 Site Improvements III. Truck Wash Structure IV. Access Roadway 3. Provide funding at a level sufficient to allow a construction contingency (5% minimum); 4. Evaluate Water and Sewer Fund accounts as potential alternate sources of project funding b. Council Work Session of February 4, 2014 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Special Business District Meeting of January 2, 2014 a. Motion to approve the 2014 Budget File #48127 2. Veterans Commission Meeting of October 14, 2013 File #47975 3. Convention & Visitors Commission Meeting of September 26, 2013 a. Motion to approve the Financial Report  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ b. Motion to approve all the CORE and Grant items as presented c. Motion to set up a retreat with a tentative date of December 12th File #48002 4. Board of Adjustment Meeting of February 3, 2014 File #48128 5. Landmarks Board Meeting of January 13, 2014 File #48129 6. Human Relations Commission Meeting of January 9, 2014 File #48130 D. Receipt of Reports of the Director of Administration 1. Notice of Emergency Purchase File #48131 2. Request to Fill Vacant Water Maintenance (Distribution) Supervisor Position in the Water Division of the Public Works Department File #48132 3. Request to Fill One (1) Vacant Full-Time Distribution Worker Position and One (1) Part-Time Distribution Position in the Water Division of the Public Works Department File #48133 4. Request to Fill Vacant Lead Equipment Operator Position with Internal Promotion; Fill Subsequent Vacant Equipment Operator Position within the Sewer Branch of the Street Division, and Subsequent Potential Vacant Position within the Public Works Department due to Internal Candidate Selections File #48134 5. Request to Fill Vacant Water Systems Manager Position in the Water Division of the Public Works Department File #48135 6. Monthly Report on Requests for Intra-Departmental Transfer Appropriations > $10,000 – January 2014 File #48136 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Don Brown Chevrolet, Inc. for the Purchase of Two (2) 2014 Chevrolet Tahoes in the Amount not to Exceed $60,402.00 C14-115 F. Preliminary Plats (none) G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited During the Month of January 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ File #48137 2. January Investment Report File #48138 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council President Dave Beckering announced the American Legion Hall located on Raymond Drive will be hosting the 31st Annual Amateur Sports Hall of Fame Banquet on March 22, 2014 at 7:00 p.m. For tickets, contact him at 636/949-2027. Councilmember Mary West announced the Economic Development Commission has a new website and welcomed everyone to visit their site at www.GrowStCharles.com. Councilmember West recommended if anyone has questions regarding the new website, to please call the Department of Economic Development at 949-3231. TABLED BILLS Bill 11215 (To Be Removed from the Table at the February 18, 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) A motion was made by BRIDGET OHMES to remove Council Bill 11215 from the Table. MARY ANN OHMS seconded the motion. A roll call vote was taken, motion passed. APPROVAL OF CLOSED SESSION MINUTES A motion was made by JERRY REESE to approve the following closed session minutes: A. Council Work Session of Tuesday, February 4, 2014, relative to legal actions, causes of action, or litigation (RSMo 610.021.1); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); 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); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) 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. CLOSED SESSION A roll call vote was taken to convene into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1), leasing, purchase or sale of real estate where public  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 18, 2014 ______________________________________________________________________________ knowledge of the transaction might adversely affect the consideration therefor (RSMo 610.021.2) and hiring, firing, disciplining or promotion of particular employees by a governmental body when information relating to the performance or merit of the individual employees is discussed or recorded (RSMo 610.021.3), with the following results: “Aye”: West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison and Weller. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting was adjourned at 7:45 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer