City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, April 1, 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 The President of the Council Dave Beckering announced that the following Public Hearing would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Public Hearings Case No. CU-2014-8. (Big St. Charles Motorsports – Dennis Wappelhorst) An application for a Conditional Use Permit from §400.230(C)(1)(c) for a material storage yard in connection with a permitted use within the C-3 Highway Business District, specifically to provide an outdoor storage area for motorcycles and related items at 3830 West Clay Street. The subject property is 6.6 acres and is located in Ward 6 (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of Marla Larson-Williams of the United States Postal Service Mayor Faith introduced Marla Larson-Williams, Real Estate Specialist of the United States Postal Service (USPS). Ms. Larson-Williams provided a brief update relative to the U.S. Post Office/Fifth Street relocation project along with an update on the Exchange Agreement between the USPS and St. Joseph Hospital. Ms. Larson-Williams thanked the City of St. Charles, Missouri for their support on this project. Report to the Council on the Adoption of New Flood Maps for the City of St. Charles, Missouri Director of Community Development Bruce Evans provided an overview of the memorandum that was distributed to the full Council on this item. Discussion was held relative to holding public open houses for the residents prior to adoption of a new flood map, the areas which were excluded in the proposed new flood maps, what is permitted in the old flood maps vs. the proposed new flood maps, number of days residents will have to purchase flood insurance, option #1 being the preferred option based on FEMA’s letter to the City; having the new flood elevation requirements available at the public open houses, and the timeline for the public open houses.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Director Evans advised the Councilmembers if option #1 is selected, staff will provide the new flood maps to each Councilmember with respect to their individual wards. LAURIE FELDMAN made a motion to adopt option #1 as presented by staff in the memorandum and staff to bring back legislation to the City Councilmembers for consideration. RON STIVISON 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. Director Evans reported the public open houses should take place this fall. Written and/or Verbal Messages from the Mayor Mayor Faith thanked everyone who attended the Mayor’s Charity Ball this past Saturday. Mayor Faith further reported there were 525 attendees! Mayor Faith reported the following events will be taking place:  Missouri Tartan Days – Friday, April 4th – 6th in Frontier Park  Food Trucks in Frontier Park – Tuesday, April 15th, 5:30 p.m. – 8:00 p.m.  Foundry Art Centre – Spiro’s Lunch: Every Thursday  St. Charles Convention Center – St. Charles Home Show April 4th – 6th  The Family Arena – St. Louis Attack Indoor Football started on March 30th! Mayor Faith suggested visiting www.historicstcharles.com for more information on these and other upcoming events taking place in and around St. Charles. PUBLIC COMMENT Denise Menckowski, 1032 Country Club, St. Charles, Missouri, thanked the City Councilmembers for withdrawing Council Bill 11262 at the March 18, 2014 Regular Council Meeting. Ms. Menckowski voiced concerns relative to proposed Council Bill 11286. RESOLUTIONS A Resolution Declaring a 2004 Ford E-Series Fire Department Ambulance as Surplus Property; Authorizing Disposal by Trade-in; and Authorizing the Mayor to Execute the Appropriate Documents to Transfer Title (Sponsor: Ron Stivison) Passed “Aye”: Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: None Approved by the Honorable Mayor on April 2, 2014 and is known as Resolution 14-013 A Resolution Endorsing the Economic Development Department to Apply for Accredited Economic Development Organization (AEDO) Status and Supporting the Department’s Mission Statement, Marketing Plan and Strategic Plan  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Passed “Aye”: Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: None Approved by the Honorable Mayor on April 2, 2014 and is known as Resolution 14-014 A Resolution of Support for a Transportation Investments Generating Economic Recovery (TIGER) 2014 Grant Funding Application with the United States Department of Transportation for the Construction of the I-70 Bicycle Pedestrian Project (Sponsors: Laurie Feldman and Mary Ann Ohms) Councilmember West inquired if there was a selection date on this grant. City Engineer Kevin Corwin reported a selection date has not been announced at this time. Passed “Aye”: Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Resolution 14-015 A Resolution of the City of St. Charles, Missouri Selecting an Underwriter in Connection with the Proposed Delivery and Sale of Refunding Certificates of Participation (City of St. Charles, Missouri, Lessee), Series 2014 in Connection with the Refunding of all of the City’s Outstanding Refunding Certificates of Participation (City of St. Charles, Missouri, Lessee), Series 2009; and Acknowledging Certain Disclosures Pursuant to MSRB Rule G-17 (Sponsor: Dave Beckering) Passed “Aye”: Weller, West, Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: None Approved by the Honorable Mayor on April 1, 2014 and is known as Resolution 14-012 BILLS FOR FINAL PASSAGE Bill 11265 An Ordinance Authorizing Amendment Number 2 to the Lease Agreement with the Boy’s Club of St. Charles, Missouri d/b/a Boys & Girls Club of St. Charles County (Sponsor: Dave Beckering) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-065  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Bill 11266 An Ordinance Authorizing a Second Amendment to the Agreement for Collection of Taxes with Saint Charles County for the Collection of the City’s Annual Water Service Line Repair Fee (Sponsor: Dave Beckering) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-066 Bill 11267 An Ordinance Authorizing the City of St. Charles, Missouri to Issue its Taxable Industrial Revenue Bonds (Gateway RE I, Inc. Project), Series 2014, in a Principal Amount not to Exceed $6,500,000 and its Taxable Industrial Revenue Bonds (Pharma Medica Research Inc. Project), Series 2014, in a Principal Amount not to Exceed $2,500,000 for the Purpose of Providing Funds to Pay the Costs of Acquiring, Constructing, Equipping and Improving a Facility for an Industrial Development Project in the City; Approving a Plan for the Project; and Authorizing the City to Enter into Certain Agreements and Take Certain Other Actions in Connection with the Issuance of the Bonds (Sponsor: Rod Herrmann) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 1, 2014 and is known as Ordinance 14-064 Bill 11268 An Ordinance Amending Section 130.375 to Create a Voluntary Retirement Incentive Program with an Eligibility Requirement to Include Employees Whose Age Plus Years of Service Equal Seventy-Eight or Greater and Less than Eighty; and to Extend the Participation Date (Sponsors: Ron Stivison, Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, Michael Weller, Jerry Reese, Dave Beckering, Rod Herrmann and Bridget Ohmes) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-067 Bill 11269 An Ordinance Authorizing a Labor Agreement Between the City of St. Charles, Missouri and the Fraternal Order of Police of Eastern Missouri Lodge 15 for the Police Service  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Officers, Communications and Records Employee Bargaining Unit (Sponsor: Ron Stivison) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-068 Bill 11270 An Ordinance Repealing Administrative Regulation 2.2.3, Revision 1, and Approving Administrative Regulation 2.2.3, Revision 2, Relative to Reimbursement for Footwear – Safety Sensitive Positions (Sponsor: Dave Beckering) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-069 Bill 11271 An Ordinance Authorizing the Vacation of an Existing Utility Easement Along the Common Lot Line Between Lots 6 and 7 of the Hineman Woods Estates Subdivision (Sponsors: Rod Herrmann and Bridget Ohmes) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-070 Bill 11272 An Ordinance Authorizing an Engineering Services Contract with URS Corporation to Provide Professional Engineering Services Associated with the Design of the Truman Road Improvement Project in an Amount Not to Exceed $254,215.00 (Sponsor: Jerry Reese) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-071 Bill 11273 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 #3) (Sponsor: Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-072 Bill 11274 An Ordinance Authorizing the Issuance, Sale and Delivery of not to Exceed $3,150,000 City of Saint Charles, Missouri Neighborhood Improvement District Limited General Obligation Bonds (New Town Gateway Neighborhood Improvement District Infrastructure Project – Phase One Improvements) Series 2014; Prescribing the Form and Details of Said Bonds and the Covenants and Agreements Made by the City to Facilitate and Protect the Payment Thereof; and Authorizing Certain Other Documents and Actions and Prescribing Other Matters Relating Thereto (Sponsor: Rod Herrmann) Passed “Aye”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 1, 2014 and is known as Ordinance 14-063 Bill 11275 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”: Beckering, Besselman, Feldman, Herrmann, Ohmes, Ohms, Reese, Stivison, Weller and West “Nay”: None Absent: None Approved by the Honorable Mayor on April 7, 2014 and is known as Ordinance 14-073 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11276 An Ordinance Amending Ordinance No. 13-118 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Adding the Police Financial Analyst and Removing the Designated Public Works Director (Sponsor: Dave Beckering) Bill 11277 An Ordinance Authorizing Amendment No. 8 to the Contract with Cunningham, Vogel & Rost, P.C. to Provide Special Legal Services for the Streets of St. Charles at Noah’s Ark  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Project in an Amount of $15,000 for a Total Contract Amount Not to Exceed $172,000 (Sponsor: Laurie Feldman) Bill 11278 An Ordinance Amending Sections 250.070 and 250.080 of the Code of Ordinances of the City of Saint Charles, Missouri by Amending the Schedule of Prices and Fees of Grave Spaces in Oak Grove Cemetery (Sponsor: Tom Besselman) Bill 11279 An Ordinance Authorizing a Cooperative Agreement with The Lions Club of St. Charles, Missouri for the Operation of the Farmers Market During the Summer of 2014 (Sponsor: Mary Ann Ohms) Bill 11280 An Ordinance Authorizing a Seventh Addendum to Lease with Investments Unlimited Development Corporation for the Lease of Office Space for the Fire Department Located at 118 North Second Street for the Period of May 1, 2014 through June 30, 2014 in an Amount Not to Exceed $5,100.00 (Sponsor: Ron Stivison) Bill 11281 An Ordinance Approving the Delivery of Refunding Certificates of Participation (City Of St. Charles, Missouri, Lessee), Series 2014, the Proceeds of Which Will Be Used to Pay the Costs Of Refunding the Outstanding Refunding Certificates of Participation (City Of St. Charles, Missouri, Lessee), Series 2009; and Authorizing the Execution of Certain Documents and Actions in Connection Therewith (Sponsor: Dave Beckering) Bill 11282 An Ordinance Authorizing an Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program (STP) Federal Funds for the Zumbehl Road and Friedens Road Rehabilitation Project Between Veterans Memorial Parkway and Arena Parkway (Sponsors: Laurie Feldman and Mary West) Bill 11283 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Promote Missouri Fund Program, for the FY 2015 Marketing Matching Grant; and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsor: Ron Stivison) Bill 11284 An Ordinance Authorizing Amendment Number 1 to the Contract with CDW-G for the Purchase of Three (3) Additional Panasonic ToughPads and Docking Stations for Community Development in an Amount of $8,188.26, for a Total Contract Amount Not  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ to Exceed $108,187.78 (Sponsor: Ron Stivison) Bill 11285 An Ordinance Authorizing a Contract with Frazer, Ltd., for the Purchase of One 2015 Type I, Fourteen Foot, Generator Powered Module Ambulance in an Amount Not to Exceed $204,350.00 (Sponsor: Ron Stivison) Bill 11286 An Ordinance Amending Section 260.050 of the Code of Ordinances of the City of St. Charles Relative to Smoking and Non-smoking Establishment Sign Regulations by Permitting the Universal Smoking or No-Smoking Symbol to be Used in Place of Words Indicating Whether Smoking is Permitted or Prohibited (Sponsor: Dave Beckering) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request to Waive 2013 Real Estate Taxes for the St. Charles Housing Authority Mayor Faith presented a request of the St. Charles Housing Authority for waiver of the real estate taxes for 2013 totaling $7,780.00. A motion was made by LAURIE FELDMAN to approve the waiver of the 2013 real estate taxes for the St. Charles Housing Authority in the amount of $7,780.00. MARY WEST 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. File #48161 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”: West, Beckering, Besselman, Feldman, Hermann, Ohmes, Ohms, Reese, Stivison and Weller. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of March 4, 2014 2. Public Hearing of March 4, 2014 File #48162 3. Administrative Hearing of March 4, 2014 File #48163 4. Special City Council Meeting of March 11, 2014 B. Approval of Council Committee Reports (none) 1. Approval of Council Committee Minutes 2. Approval of Council Committee Motions/Actions/Recommendations C. Receipt of Reports from Boards, Commissions, or Committees (none) 1. Landmarks Board Meeting of February 10, 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ File #48129 2. Planning and Zoning Meeting of February 24, 2014 File #48155 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Second Renewal Contract with Broyles Lawn Service, LLC for City Wide Mowing Services in an Amount not to Exceed $66,500.00 C12-163 2. Contract with World Wide Technology, Inc. for the Purchase of a High Performance Battery Backup System in an Amount not to Exceed $63,038.91 C14-235 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administrator of Monies Collected and Deposited During the Month of February 2014 File #48137 2. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Police Department) File #48116 3. Approval of Renewal Valet Parking Zone Permit for Quintessential Dining and Nightlife at 149 North Main File #48164 4. Receipt of the Fiscal Year 2014 Special Business District Annual Statement and Budget File #48165 5. Approval of Findings of Fact, Conclusions of Law and Order in HLPARB Appeal Case # C/A 2014-02(EC) at 132 North Main Street pursuant to Code Section 400.13 File #48166 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Reese announced the German Delegation will be visiting the City of St. Charles April 13th – 16th. Mr. Reese further stated an email/invite will be forthcoming to the Councilmembers; and requested Councilmembers to please consider volunteering to assist with the event.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 1, 2014 ______________________________________________________________________________ Councilmember Reese announced the Prescription Drug Take Back Event is being held on Saturday, April 26th at the Criminal Justice Center. The Regular Council Meeting was adjourned at 7:44 p.m. _______________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer