City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, June 17, 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, John Hanneke, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Mary West. Absent: Laurie Feldman and Jerry Reese. 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 ROD HERRMANN to excuse the absences of Councilmember Laurie Feldman and Councilmember Jerry Reese. RON STIVISON seconded the motion. All voted in favor, motion passed. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation Relative to Audit Report and Comprehensive Annual Financial Report – Calendar Year Ended December 31, 2013 Jim Torti and Karen Lenk, representatives from Schowalter & Jabouri, P.C. provided an overview relative to the Audit Report and Comprehensive Annual Financial Report (CAFR) for calendar year ending December 31, 2013. A motion was made by JOHN HANNEKE to receive the Audit Report and Comprehensive Annual Financial Report (CAFR) for calendar year ending December 31, 2013. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Herrmann. “Nay”: None. Absent: Feldman and Reese. Motion passed. File #48216 Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: CITY-COUNTY LIBRARY BOARD Appointment of Gail Zumwalt to a three-year term ending in July, 2017 PLANNING AND ZONING COMMISSION Re-Appointment of Ray Morse to a four-year term ending in July, 2017 Re-Appointment of Mark Hopkins to a four-year term ending in July, 2017 Re-Appointment of Dan Nottmeyer to a four-year term ending in July, 2017 PLAZA AT NOAH’S ARK COMMUNITY IMPROVEMENT DISTRICT Appointment of Stephanie Webster to fill an unexpired three-year term ending in May, 2017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Hanneke, Herrmann, Ohmes, Ohms, Stivison, West and Beckering. “Nay”: None. Absent: Feldman and Reese. Motion passed. File #48106 Written and/or Verbal Messages from the Mayor Mayor Faith read a letter of appreciation received from St. Charles County Prosecuting Attorney Tim Lohmar for the assistance of Members of the City of St. Charles Police Department provided during a domestic violence case. Mayor Faith announced Altec East Missouri Service Center was awarded the Show-Me Heroes Flag of Freedom Award. The Show-Me Heroes program, established in 2010 by Missouri Governor Jay Nixon, is designed to help connect veterans returning home from service with job opportunities from local businesses. Mayor Faith read a letter of appreciation received from an employee of the St. Charles County Highway Department for the shuttle service the City is providing during the City Hall parking garage reconstruction project. Mayor Faith announced Joe Ward has been selected to serve the City of St. Charles as Director of Convention & Visitors Bureau. Mayor Faith announced upcoming events. For more information regarding the events, visit www.historicstcharles.com. Mayor Faith thanked the Police Department for their efforts to solve a recent bank robbery case during a time when the City was experiencing communication issues. PUBLIC COMMENT Brad Goss, 120 S. Central, St. Louis, Missouri, representing NT Home Builders, LLC. spoke on behalf of Council Bills 11321 and 11323. Mr. Goss inquired if the Council Members had questions. No questions were asked of Mr. Goss. RESOLUTIONS A Resolution Declaring Twelve (12) Cellular Phones Assigned to the Police Department to be Surplus Property and Authorizing the Disposal by Trade In (Sponsor: Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Reese Approved by the Honorable Mayor on June 18, 2014 and is known as Resolution 14-019  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 11321 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-129 Bill 11323 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 table Council Bill 11323 to the July 15, 2014, Regular Council Meeting. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman and Hanneke. “Nay”: Herrmann. Absent: Reese and Feldman. Motion passed. 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-130 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-131 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-132 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-133 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-134 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-135 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) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Reese and Feldman Approved by the Honorable Mayor on June 18, 2014 and is known as Ordinance 14-136 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11341 An Ordinance Amending Section 125.170 of the Code of Ordinances of the City of St. Charles Pertaining to the Audit Committee (Sponsors: Dave Beckering and John Hanneke) Bill 11342 An Ordinance Amending Section 645.080 of the Code of Ordinances to Increase the Number of Permitted Taxi Cabs From Thirty to Forty (Sponsor: Ron Stivison) Bill 11343 An Ordinance Approving the Record Plat for West Clay, a Subdivision of the City of Saint Charles, Missouri (Sponsors: Jerry Reese and Ron Stivison) Bill 11344 An Ordinance Approving the Record Plat for Resubdivision of Lot 8D of the Resubdivision of Lot 8 in Westbury Square, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Ron Stivison) Bill 11345 (Amended Prior to Introduction) An Ordinance Amending Section 505.440 of the Code of Ordinances of the City of Saint Charles, Missouri by Exempting Water Line Repair Program and Sewer Lateral Insurance Program Projects from the Permit Application Fee, Flowable Fill, Asphalt, Concrete and Sidewalk Fees; Providing for One Inspector for Sewer Lateral Repair Program Repairs; and Waiving Escrow Fees for Contractors Holding Restoration of Public Improvement Permit Bonds (Sponsor: Tom Besselman) Councilmember Rod Herrmann requested he be added as sponsor. Councilmember Tom Besselman reported Councilmember Reese also requested his name be added as sponsor.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ A motion was made by TOM BESSELMAN to amend Council Bill 11345 prior to introduction by omitting the language in Section A.12 A repair pursuant to the sewer lateral repair program shall be inspected by only one City inspector assigned by the Public Works Department found on page 4 of the proposed council bill. MARY WEST seconded the motion. All voted in favor, motion passed. Bill 11346 An Ordinance Authorizing a Student Clinical Site Affiliation Agreement Between St. Charles County Ambulance District and the City of St. Charles to Provide Practical Learning and/or Clinical Experiences for EMS Students of the St. Charles City Fire Department (Sponsor: Ron Stivison) Bill 11347 An Ordinance Amending Schedule III, Table III of Title III Traffic Code of the Code of Ordinances by Establishing a No Parking Loading Zone on the North Side of Perry Street from Fifth Street to Sixth Street (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms, Rod Herrmann and John Hanneke) Bill 11348 An Ordinance Authorizing Supplemental Agreement No. 2 to the Engineering Services Contract with Crawford, Murphy and Tilly, Inc. for Additional Services on the Fifth Street Reconstruction Project (Ameristar Boulevard – Bass Pro Drive to Boone’s Lick Road) in an Amount of $20,902.99, for a Total Amount Not to Exceed $436,859.45 (Sponsors: Dave Beckering, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Ron Stivison) Bill 11349 An Ordinance Authorizing Amendment Number 2 to the Engineering Services Contract with CDG Engineers Architects Planners, Inc. to Prepare Phase III Construction Documents and Provide Phase IV Bidding and Construction Observation Services for Improvements to the City Hall Parking Structure in an Amount of $19,471.70, for a Total Contract Not to Exceed $313,271.70 (Sponsors: Tom Besselman and Mary Ann Ohms) CONSENT AGENDA Councilmember Besselman inquired on item 10.E.2; more specifically if the purchase of the generator was necessary. Police Chief McKinley responded by stating the purchase of the generator is necessary. A motion was made by MARY ANN OHMS to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Stivison, West, Beckering, Besselman, Hanneke, Herrmann, and Ohmes. “Nay”: None. Absent: Reese and Feldman. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ A. Approval of Council Minutes 1. Regular Council Meeting of May 20, 2014 2. Regular Council Meeting of June 3, 2014 3. Public Hearing of June 3, 2014 File #48213 4. Administrative Hearing of June 3, 2014 File #48209 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Budget Committee Meeting of June 3, 2014 b. Council Work Session of June 3, 2014 2. Approval of Council Committee Motions/Actions/Recommendations a. Budget Committee Meeting of June 3, 2014 i. Motion to recess the meeting for ten minutes b. Council Work Session of June 3, 2014 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Convention Center Oversight Subcommittee Meeting of April 7, 2014 a. Motion to approve the 2014 Capital Expenditures as presented File 48147 2. Fourth of July Celebration Committee Meeting of April 14, 2014 File #48149 3. Special Business District Advisory Board Meeting of May 1, 2014 a. Motion to accept the budget as presented b. Motion to approve $1,600 to plant the colonnade c. Motion to approve $400 for replanting File #48127 4. Economic Development Commission Meeting of May 1, 2014 a. Motion that the July Economic Development Commission meeting be cancelled File #48148 5. Citizens with Disabilities Advisory Board Meeting of March 26, 2014 File #48214 6. Citizens with Disabilities Advisory Board Meeting of February 26, 2014 File #48214 7. Planning and Zoning Commission Meeting of April 28, 2014 File #48155 D. Receipt of Reports of the Director of Administration  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – May 2014 File #48136 2. Authorization to fill vacant positions in Police Department/Records Division (VRIP) File #48215 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Seals Enterprises, Inc. for the Shadow Wood Basement Rehabilitation Project in an amount not to exceed $69,974.90 C14-434 2. Contract with Streib Electric Company for the Purchase/Installation of (1) one 100KW Generator Set for Animal Control (Includes Freight and Performance/Payment Bonds) in the Amount of $44,531.00 C14-435 F. Preliminary Plats (none) G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited during the Month of May 2014 File #48137 2. May Investment Report File #48138 3. Approval of Home Improvement Loans File #48206 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Herrmann reported on June 2, 2014, the City of St. Charles and the City of St. Peters issued a joint notice asking residents to conserve water while the cities’ secondary water supply line from the City of St. Louis was scheduled to be shut off for a water main repair. Mr. Herrmann further reported the City of St. Charles’ Water Division was able to resolve this issue in a one and a half day time frame as opposed to 3-4 days which were scheduled; and the Water Division staff saved the cities many dollars as a result of their assistance. APPROVAL OF CLOSED MINUTES A motion was made by MARY ANN OHMS to approve the following closed session minutes: A. Work Session of the City Council on Tuesday, June 3, 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 consideration therefor (RSMo 610.021.2); hiring, firing, disciplining or  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 17, 2014 ______________________________________________________________________________ promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) at 5:45 p.m. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: Reese and Feldman. Motion passed. The Regular Council Meeting was adjourned at 7:26 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer