City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 1, 2014, at 7:15 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 Honorable Mayor Sally A. Faith and 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. 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. BRIDGET OHMES 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. Case No. CU-2014-16. (Linda Merkel – Black & Veatch) An application for a Conditional Use Permit from §400.150(D)(1)(n) to build a cellular tower within the R-1E Single-Family Residential District, specifically to construct a new 75 foot tall telecommunication tower with a 4 foot tall lightning rod (for a total of 79 feet) on the Faith Methodist Church property at 2950 Droste Road. The subject property is 3.76 acres and is located in Ward 10. (Tabled at P&Z; therefore, the Public Hearing will be tabled until August 5, 2014) (RCA Attached) B. Case No. CU-2014-17. (Donald & Robert Meyer Trusts) An application for a Conditional Use Permit from §400.220(C)(1)(a) for the cultivation of field crops (winter wheat) located on vacant land on the north and south sides of Hawks Nest Drive near the intersection at Hawks Nest Drive and Lynnbrook Drive within the C-2 General Business District. The subject properties are 2.21 acres and are located in Ward 4. (RCA Attached) C. Case No. CU-2014-18. (St. Charles Engineering & Surveying – Jim Piper) An application for a Conditional Use Permit from §400.210(C)(1)(i) for Pet Adoption Centers within the C-1 Neighborhood Business District, specifically to demolish the existing feline building and construct a new 3,457 sq. ft. structure to be used for feline housing and storage at 1099 Pralle Lane. The subject property is 4.52 acres and is located in Ward 3. (RCA Attached) D. Case No. CU-2014-19. (Big Daddy’s Taxidermy Studio & Trading Co. – Jerry Nicholson) An application for a Conditional Use Permit from §400.220(C)(1)(m) for a Taxidermy business within the C-2 General Business District, specifically to open a taxidermy studio and retail sales business at 119 North Kingshighway  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ Street. The subject property is 0.17 acres and is located in Ward 9. (RCA Attached) E. Case No. Z-2014-5. (David A. Orf). An application to rezone a parcel of land at the northwest corner of South Old Highway 94 and Ranchero Drive at 1615 South Old Highway 94 from R-1E Single-Family Residential District to C-2 General Business District. The subject property is currently a part of the Edgewood Acres Subdivision. The parcel contains approximately 0.65 acres and is located in Ward 4. (Council Bill 11351) F. Case No. Z-2014-6. (Dealpoint Merrill, LLC). An application to rezone a parcel of land along the south side of Veterans Memorial Parkway at 2669 Veterans Memorial Parkway from C-2 General Business District to C-3 Highway Business District. The parcel contains approximately 15.19 acres and is located in Ward 4. (Council Bill 11352) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Report on Budget Amendment #5 (Council Bill 11350) Mayor Faith announced Budget Amendment #5, Council Bill 11350, is being introduced at tonight’s meeting and if anyone has questions relative to this council bill, to please contact Finance Director Kelly Vaughn. Appointments to Board/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: Citizens with Disabilities Advisory Board Appointment of Mary Stodden to fill a three year term ending in November, 2016 JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Ohmes and Ohms. “Nay”: None. Absent: Herrmann. Motion passed. File #48106 Written and/or Verbal Messages from the Mayor Mayor Faith read an email received by an employee from the Department of Community Development. The message acknowledged Director of Community Development Bruce Evans’ outstanding leadership and representation of the City of St. Charles, Missouri. PUBLIC COMMENT There were no public comments.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ RESOLUTIONS A Resolution Declaring Two (2) Panasonic Mobile Computers Assigned to the Police Department to be Surplus Property and Authorizing Donation of Same to the New Florence, Missouri Police Department Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms and Reese “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Resolution 14-20 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-137 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-138 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) Councilmember Tom Besselman requested a separate vote on Council Bill 11343 Passed “Aye”: Beckering, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison and West “Nay”: Besselman Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-139 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-140 Bill 11345 (Amended) 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 (Sponsors: Tom Besselman, Rod Herrmann and Jerry Reese) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-141 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-142 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-143  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-144 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) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: Herrmann Approved by the Honorable Mayor on July 2, 2014 and is known as Ordinance 14-145 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11350 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 #5) (Sponsor: Dave Beckering) Bill 11351 An Ordinance Rezoning to City Zoning District C-2 (General Business District) from St. Charles City Zoning District R-1E (Single Family Residential District) Approximately 0.65 Acres of Land Known as 1615 South Old Highway 94 (Sponsor: Mary West) Councilmember Mary West thanked resident Dale Westby and the other residents for voicing their concerns relative to this bill. Councilmember West further reported this bill will have its final reading and be voted upon at the July 15, 2014, Regular Council Meeting. Bill 11352 An Ordinance Rezoning to City Zoning District C-3 (Highway Business District) from City Zoning District C-2 (General Business District) Approximately 15.19 Acres of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ Land Located Along the South Side of Veterans Memorial Parkway Known as 2669 Veterans Memorial Parkway (Sponsor: Mary West) Bill 11353 An Ordinance Authorizing Change Order Number 2 to the Contract with C. Rallo Contracting Company, Inc. for the City Hall Parking Renovation Structure Project in an Amount of $315,856.00, for a Total Contract Not to Exceed $3,769,102.64 (Sponsors: Tom Besselman and Mary Ann Ohms) Bill 11354 An Ordinance Authorizing a Contract with Seals Enterprises, Inc., for Window Replacement at the St. Charles County Historical Society Building in an Amount Not to Exceed $181,273.05 (Sponsors: Mary Ann Ohms and Tom Besselman) Bill 11355 An Ordinance Authorizing a Contract with Aerotek, Inc. to Provide Two Temporary Construction Inspectors and One Temporary Project Manager for the Public Works Department in an Amount Not to Exceed $162,880.00 (Sponsor: Dave Beckering) Bill 11356 An Ordinance Granting to Union Electric Company d/b/a Ameren Missouri, Two Easements Located on the Properties at 453 and 423 Boone’s Lick Road for the Installation, Operation and Maintenance of Underground Utilities for the Fifth Street Gateway Project (Sponsors: Tom Besselman and Mary Ann Ohms) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request for Funds to be paid out of Council Directives Councilmember Jerry Reese reported the 10th Annual Healthy Living Senior Fair hosted by Baue Funeral Homes is being held on August 12, 2014 at the St. Charles Convention Center. The Senior Citizen Advisory Commission is a sponsor of this event. Councilmember Reese further reported he and Councilmember Tom Besselman are requesting Council’s authorization to sponsor/fund two booths on behalf of the St. Charles Senior Center in an amount of $150.00. A motion was made by JERRY REESE to fund $150 from council directives account to sponsor two booths at the 10th Annual Healthy Living Senior Fair on behalf of the St. Charles Senior Center. LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering. “Nay”: None. Absent: Herrmann. Motion passed. File # 48218 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”: Feldman,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman. “Nay”: None. Absent: Herrmann. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of June 17, 2014 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Public Works Facility Design Task Force Meeting of June 10, 2014 File #48120 b. Street Committee Meeting of June 10, 2014 File #48119 c. Council Work Session of June 10, 2014 File #48117 d. Council Work Session of June 10, 2014 File #48117 e. Budget Committee Meeting of June 16, 2014 File #48210 f. Council Work Session of June 17, 2014 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Public Works Facility Design Task Force Meeting of June 10, 2014 i. Motion to elect Bridget Ohmes as Chairperson ii. Motion to elect Mary Ann Ohms as Vice Chairperson b. Street Committee Meeting of June 10, 2014 i. Motion to elect Ron Stivison as Chairman ii. Motion to elect Mary Ann Ohms as Vice Chairman iii. Motion to add a No Parking Loading Zone restriction on the north side of Perry Street from Sixth Street to Fifth Street iv. Motion to complete a multi-way stop warrant study at the intersection of Oak Avenue and Tompkins Street (failed) v. Motion to install traffic calming measure on Bentwater Place (failed) c. Council Work Session of June 10, 2014 (none) d. Council Work Session of June 10, 2014 i. Motion to authorize Public Works to move forward with Option #8: Sell the shear barge, sell the dock barge and ramps; along with eliminating the dock facility from the City of St. Charles annual budget  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ ii. Motion to research the strategic plan and include community involvement in order to enhance/develop this area iii. Motion to only relocate the August 12th Street Committee Meeting and the August 12th Council Work Session to Fire Station #4, community room iv. Motion to schedule the St. Charles Night Out events on the 2nd Monday of every September going forward and to allocate up to $5000.00 to the Police Department from the council directives account in order for the Police Department to purchase quality items for this year’s event e. Budget Committee Meeting of June 16, 2014 (none) f. Council Work Session of June 17, 2014 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Housing Authority Meeting of April 8, 2014 a. Motion to approve the list of bills as presented File #48219 2. Housing Authority Meeting of May 13, 2014 File #48219 3. Senior Citizen Advisory Commission Meeting of May 20, 2014 File #48194 4. Senior Citizen Advisory Commission Meeting of April 15, 2014 a. Motion to participate in the Senior Fair this year File #48194 5. Convention & Visitors Commission Meeting of April 24, 2014 a. Motion to approve the Financial Report b. Motion to approve the items listed from the Core and Grant budgets File #48154 6. Fourth of July Celebration Committee Meeting of May 12, 2014 File #48149 7. Veterans Commission Meeting of April 14, 2014 File #48193 D. Receipt of Reports of the Director of Administration 1. Request to fill a vacant Engineer II position in the Engineering Division within the Department of Public Works (non-VRIP) File #48220 2. Authorization to negotiate an engineering services contract with Parsons Brinkerhoff, Inc. (PB) for the design of Boschertown Road Phase 2 Roadway Improvement Project File #48221  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract Amendment No. 1 for delivery and installation of additional furnishings for Fire Station No. 4 in an amount not to exceed $14,813.43 for a total contract amount of $63,180.34 C14-358 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Lorene Samson, d/b/a: CVS Pharmacy, located at 2100 First Capitol Drive File #48115 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Mayor Faith introduced newly hired Joe Ward, Director of Convention and Visitors Bureau. Mayor Faith and Members of the City Council welcomed Joe to the City! TABLED BILLS Bill 11323 (To Remain on the Table until the July 15, 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 Bill 11323 from the Table. MARY ANN OHMS 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. Council Bill 11323 will be listed under Bills for Final Passage on the July 15, 2014, Regular Council Meeting agenda.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 1, 2014 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 7:43 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer