City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, June 3, 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, and the Members of the Council present as follows: Tom Besselman, Laurie Feldman, John Hanneke, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison and Mary West. Absent: Rod Herrmann. The Honorable Mayor Sally A. Faith arrived to the meeting as reported in this record. 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. A motion was made by LAURIE FELDMAN to excuse the absence of Councilmember Rod Herrmann. RON STIVISON seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS The President of the Council Dave Beckering announced that the following Public Hearings would now be held. At the conclusion of the Public Hearings, the Regular Session continued with the order of business: A. Public Hearings 1. Case No. CU-2014-12. (Chris Berry) An application to renew a Conditional Use Permit (CU-30-12) from §400.290(C)(4) for an existing Guest House located at 1411 North Second Street, specifically to approve the use on a permanent basis subject to conditions of approval. The subject property is 0.21 acres and is located in Ward 1 (RCA Attached) 2. Case No. CU-2014-13. (Matt Gorski) An application to renew a Conditional Use Permit (CU-03-13) from §400.200(C)(h) for two (2) existing Guest Houses located at 422 South Main Street and 422 South Main Street (Rear), specifically to approve two (2) individual rental units on a permanent basis subject to conditions of approval. The subject property is 0.07 acres and is located in Ward 2 (RCA Attached) 3. Case No. CU-2014-14. (White Pinnacle Investments dba Jimmy Johns) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an In-vehicle Sales Use within the C-2 General Business District, specifically to operate a drive-thru restaurant at 1698 Country Club Plaza Drive. The subject property is 13.56 acres and is located in Ward 4 (RCA Attached. NOTE: Approval of Case No. CU-2014-14 will require a vote of not less than two-thirds (2/3) of its entire membership) 4. Case No. CU-2014-15. (Brock Shaw - First to the Finish) An application for a Conditional Use Permit from §400.480(C) for Temporary Retail Sales within the C-3 Highway Business District, specifically to hold an outdoor sales event from July 3 to July 7, 2014 at 1457 Bass Pro Drive  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ (First to the Finish). The subject property is 2.48 acres and is located in Ward 2 (RCA Attached) 5. Case No. TA-2014-4. (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 §400.1190 and §400.1310 Relative to Vacancies on the Historic Landmarks Preservation and Architectural Review Board (Landmarks Board) and Revising the Appeal Process from Decisions Made by the Landmarks Board (Council Bill 11335) ADMINISTRATIVE HEARING The President of the Council Dave Beckering announced that the following Administrative Hearing would now be held. At the conclusion of the Administrative Hearing, the Regular Session continued with the order of business: B. Administrative Hearing 1. Appeal of a Decision of the Historic Landmarks Preservation and Architectural Review Board to Deny the Application for the Issuance of a Certificate of Demolition for an Existing Building located at 323 First Capitol Drive. Case No. C/A 2014-01(D) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation from Members of the Fire Department and Burns Recovered Support Group President of IAFF Local 757, Mark Jones reported the Fire Department took to the streets to collect for Burns Recovered Support Group (Children’s Burn Camp); and raised $7,375.31. Mr. Jones along with other Members of IAFF Local 757 presented a check in the amount of $7,375.31 to Linda & Gary Hansen of Burns Recovered Support Group. Ms. Hansen thanked the City of St. Charles for allowing the Fire Department to collect and gave a brief bio of their organization. Presentation of the 2014 Jack Heck Award to Molly Schad of Molly O’s Director of Economic Development David Leezer along with Members of the Economic Development Commission and Council Liaison of the Economic Development Commission Mary West presented the 2014 Jack Heck Award to Molly Schad of Molly O’s. Ms. Schad thanked the City of St. Charles and provided a brief bio of her business. Director Leezer introduced Scott Tate, President and CEO of the Greater St. Charles County Chamber of Commerce. Mr. Tate announced Cliff Heitmann, Bax Engineering Company, Inc. was named 2014 Small Business Person of the Year. Appointments to Board/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments as presented by City Clerk Laura Whitehead on behalf of the Honorable Mayor Sally A. Faith:  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ BOARD OF PUBLIC WORKS Re-appointment of Kevin Toebben to a three-year term ending in June, 2017 CONVENTION CENTER OVERSIGHT COMMITTEE Appointment of Laurie Feldman to a one-year term ending in April, 2015 Appointment of John Hanneke to a one-year term ending in April, 2015 Re-Appointment of Jerry Reese to a one-year term ending in April, 2015 Re-Appointment of Ron Stivison to a one-year term ending in April, 2015 PARKS AND RECREATION BOARD Appointment of Mike Ryan to fill a three-year term ending in May, 2016 LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison. “Nay”: None. Absent: Herrmann. Motion passed. File #48106 Mayor Sally A. Faith arrived to the meeting. Written and/or Verbal Messages from the Mayor Mayor Sally A. Faith announced several events will be taking place this month in the City of St. Charles. For more information on events, visit www.historicstcharles.com. Mayor Faith reported a new business has opened on North Main Street. The name of the business is April’s on Main. It is owned and operated by April Feldwerth. Mayor Faith welcomed April! PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution of the City Council of the City of St. Charles, Missouri to Establish a Policy Regarding Printed Material Approved for Utility Bill Inserts (Sponsors: Jerry Reese and Mary Ann Ohms) Passed “Aye”: Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison and West “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Resolution 14-18  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE 11326 An Ordinance Repealing Ordinance No.13-136 and Enacting a New Ordinance: (1) Authorizing the Establishment of Checking Accounts with Commerce Bank, N.A., and Designating Persons Authorized to Sign Checks; (2) Designating Enterprise Bank & Trust a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “The City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority” at Enterprise Bank & Trust, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City; and (3) Designating New Frontier Bank a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Convention Center Operations” and “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Event Escrow Convention Center” at New Frontier Bank, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City and Authority (Sponsor: Dave Beckering) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-122 11327 An Ordinance Approving the Record Plat for Green Valley, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-123 11328 An Ordinance Authorizing Acceptance of Existing Water Mains and Their Appurtenances at Lake Forest Subdivision, and Authorizing Release of Security related thereto (Sponsors: Rod Herrmann and Bridget Ohmes) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-124  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ 11329 An Ordinance Authorizing a Right-of-Way Encroachment License with Millstone Bangert, Inc. to Construct and Maintain a Conduit Fiber Optic Installation Under the Roadway Located on City Right of Way Adjacent to 601 Fountain Lakes Boulevard (Sponsors: Mary West, Dave Beckering, Bridget Ohmes, Mary Ann Ohms, Rod Herrmann and Ron Stivison) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-125 11330 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Sandfort Creek Sanitary Sewer Replacement Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-126 11331 An Ordinance Authorizing Acceptance of Public Water Main and its Appurtenances at University Commons Development Completed by DESCO Group (S M Properties, LLC) and Authorizing Release of Security Related Thereto (Sponsors: Tom Besselman and Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-127 11332 An Ordinance Authorizing a 36-Month Agreement with AT&T Missouri for Providing the City’s Local, Long Distance and Toll-Free Telephone Services in an Amount Not to Exceed $455,311.58 (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on June 4, 2014 and is known as Ordinance 14-128  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ BILLS FOR INTRODUCTION All following council bills were introduced: Bill 11334 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat One-A- 1-A, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11335 An Ordinance Amending Sections 400.1190 and 400.1310 of the Code of Ordinances of the City of Saint Charles, Missouri by Inserting a Provision that the Filling of Vacancies on the Historic Landmarks Preservation and Architectural Review Board Will Be Initiated Within Sixty (60) Days of the Vacancy Occurring; and Revising the Appeal Process (Sponsors: Mary Ann Ohms and Tom Besselman) Bill 11336 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-L, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11337 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Elm Point Industrial Drive at Elm Street Traffic Flow Improvements Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Rod Herrmann) Bill 11338 An Ordinance Approving the Record Plat for Resubdivision of Lot 3 of Sandfort Creek Crossing Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Bill 11339 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with Phase One Improvements of the New Town Gateway Neighborhood Improvement District (Sponsor: Rod Herrmann) Bill 11340 An Ordinance Authorizing Contract Amendment Number 3 with Dynamic Controls, Inc. for the Installation of Door Access Controls at the Police Department Interview Rooms in an Amount of $12,978.00, for a Total Amount Not to Exceed $140,165.41 (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ CONSENT AGENDA Councilmember Jerry Reese made a motion to remove consent agenda item 10.A.2 Regular Council Meeting of May 20, 2014 from the consent agenda and refer this item to the June 17, 2014, Regular Council Meeting agenda for approval. Councilmember Reese reported the appointments to the council committees listed in this set of minutes did not report the entire list of council committees. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. A motion was made by JERRY REESE to approve the balance of the Consent Agenda. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman. “Nay”: None. Absent: Herrmann. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of May 13, 2014 2. Regular Council Meeting of May 20, 2014 Removed from the Consent Agenda and referred to the June 17, 2014, Regular Council Meeting agenda for approval. B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Budget Committee Meeting of May 13, 2014 File #48210 b. Street Committee Meeting of May 13, 2014 File #48119 c. Council Work Session of May 13, 2014 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Budget Committee Meeting of May 13, 2014 (none) b. Street Committee Meeting of May 13, 2014 i. Motion to support a Resolution for 2014 project applications for County Road Board funding currently available as presented to the Street Committee ii. Motion to approve revision of Code Section 505.440 as presented to the Street Committee iii. Motion to install three (3) new streetlights along Bennett Avenue, Ferguson Street and Lindenwood Avenue iv. Motion to approve a request of a Right-of-Way Encroachment License crossing Fountain Lakes Blvd. on City Right-of-Way at 601 Fountain Lakes Blvd c. Council Work Session of May 13, 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ i. Motion to allow public comment during tonight’s Council Work Session ii. Consensus Director Evans is given three months to review and revise the proposed ordinance submitted by the Merchants for a Prosperous Main Street and bring back to the full Council for consideration. It was also determined this would be a great time for the businesses on Main Street to self police themselves during this three month time period. This would provide insight as to how self policing works iii. Consensus of the full Council a policy is presented at a future Council Meeting for Council consideration iv. Motion to utilize the funds in the 2014 CIP (MT-4) towards the total window replacement project; along with utilizing funds from the Tourism Reserve account for the balance of the project in order to complete this project in 2014 v. Motion to move forward with Public Work’s recommendation as presented to the full Council C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Adjustment Meeting of May 5, 2014 File #48128 2. Board of Public Works Meeting of April 7, 2014 i. Motion to recommend moving forward with the final design, property acquisition, public engagement, and construction of the new elevated water tank at Site #4 (1805 S. Old Highway 94) ii. Motion to recommend approval of the Easement Encroachment License at 1671 Chapman Court iii. Motion to recommend approval of the Easement Encroachment License at 2833 Diekamp Farm Trail iv. Motion to recommend approval to acquire the easements required for the Boschert Creek Sanitary Sewer Replacement Project v. Motion to recommend approval to acquire certain easements required for the Exposed Sewers in Creekbanks Sanitary Sewer Replacement Project vi. Motion to recommend acceptance of utilities, streets and appurtenances at Tuscany, completed by Payne Family Homes an authorized full release of escrow funds for said improvements vii. Motion to recommend authorization to enter into a contract with Concrete Strategies LLC for the Riverview Lift Station Replacement Project in an amount not to exceed $681,072.25 File #48157 3. Landmarks Board Meeting of April 21, 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ File #48129 4. Human Relations Commission Meeting of March 6, 2014 File #48150 5. Human Relations Commission Meeting of April 3, 2014 File #48150 6. Park and Recreation Board Meeting of April 7, 2014 File #48156 7. Park and Recreation Board Meeting of April 16, 2014 File #48156 D. Receipt of Reports of the Director of Administration 1. Authorization to fill vacant position in Public Works Department/Water Division (non-VRIP) File #48211 2. Authorization to fill vacant position in Public Works/Engineering Division (non-VRIP) File #48212 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Jay Henges Enterprises, Inc. for the labor, materials, machinery, equipment and perform all of the work for carpet replacement 4th floor City Hall in an amount not to exceed $49,968.00 C14-399 2. Three (3) year contract with WEST, a Thomson Reuters Business to provide electronic legal research and data base access subscription service in an amount not to exceed $48,552.16 C14-400 3. Contract with ErgonomicHome.com, Inc. to provide, deliver and install new dispatch consoles at the Police Department in an amount not to exceed $48,657.30 C14-401 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Edward Chung, d/b/a: Shogun Japanese Restaurant, located at 2057 Zumbehl Road File #48115 2. Approval of Liquor License Application for James Kim, d/b/a: Sushi Little Tokyo, located at 1456 Bass Pro Drive File #48115  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ ITEMS REMOVED FROM CONSENT AGENDA Consent agenda item 10.A.2. Regular Council Meeting of May 20, 2014 was removed from the consent agenda and referred to the June 17, 2014, Regular Council Meeting agenda for approval. TABLED BILLS Bill 11321 (To Remain on the Table until the June 17, 2014, Regular Council Meeting) An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-M, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11323 (To Remain on the Table until the June 17, 2014, Regular Council Meeting) An Ordinance Approving a Termination Agreement to the Development Agreement and Five Amendments thereto for the New Town at St. Charles as to Phase 10B; Approving a New Town at St. Charles Phase 10B Development Agreement; Approving an Amendment to the Preliminary Development Plan for the New Town at St. Charles as it relates to Phase 10B; Approving an Amendment to the Regulating Plan Transect Zone Map for the New Town at St. Charles Phase 10B by Amending the T5 Urban Center Transect Zone to T4 General Urban Transect Zone and from T4 General Urban Transect Zone to T5 Urban Center Transect Zone; and Approving an Amendment to the Alley and Lane Designations of the New Town Code (Sponsor: Rod Herrmann) A motion was made by DAVE BECKERING to remove Council Bills 11321 and 11323 from the Table. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman. “Nay”: None. Absent: Herrmann. Motion passed. APPROVAL OF CLOSED MINUTES A motion was made by JERRY REESE to approve the following closed session minutes: A. Work Session of the City Council on Tuesday, May 6, 2014, and following the required roll call vote in open session, the Council convened in closed session 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 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 preparation, including any discussion or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) at 6:00 p.m. LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: Herrmann. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 3, 2014 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 7:43 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer