City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 15, 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, John Hanneke, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Mary West. Absent: Jerry Reese. Assistant City Clerk Kimberly S. Hudson 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 JOHN HANNEKE to excuse the absence of Councilmember Jerry Reese. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards/Commissions/Committees A motion was made by LAURIE FELDMAN to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: HUMAN RELATIONS COMMISSION: Re-Appointment of Pamela Coaxum to a three-year term ending in August, 2017 Re-Appointment of Humera Qualbani to a three-year term ending in August, 2017 Re-Appointment of Joe Briscoe to a three-year term ending in August, 2017 PLANNING AND ZONING COMMISSION Re-Appointment of Lindsey Devereux to a four-year term ending in July, 2018 Re-Appointment of Michael Pratt to a four-year term ending in July, 2018 PUBLIC FACILITIES AUTHORITY BOARD Re-Appointment of Harlan Pals to a three-year term ending in August, 2017 SENIOR CITIZEN ADVISORY COMMISSION Appointment of Eilene Lyons to fill a three-year term ending in September, 2014 ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Stivison, and West. “Nay”: None. Absent: Reese. Motion passed. File #48106 Written and/or Verbal Messages from the Mayor Mayor Faith announced upcoming events. For more information regarding the events, visit www.historicstcharles.com.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ Mayor Faith read a letter of appreciation received from a citizen thanking the Police Department for their assistance in locating an elderly relative who had become lost. PUBLIC COMMENT Dale Westby, 3 Ranchero Drive, St. Charles, Missouri, spoke against agenda item Council 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. David Trikenskas, 3101 Bowman Ridge, St. Charles, Missouri, voiced concern relative to the Kingshighway Signalization Project and inquired relative to the status of bringing a community center to St. Charles. RESOLUTIONS A Resolution Authorizing Submittal of Applications with East West Gateway Council of Governments for Grants under the FY 2015-2016 Transportation Alternatives Program (Sponsors: Ron Stivison, Mary Ann Ohms, John Hanneke, Bridget Ohmes and Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Stivison, West and Beckering “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Resolution 14-021 A Resolution in Support of Sponsoring an Application to the Transportation Alternatives Program by Great Rivers Greenway for the Centennial Greenway: Heritage Museum Park to Schaefer and Wapelhorst Parks (Sponsors: Rod Herrmann and Laurie Feldman) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering and Besselman “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Resolution 14-022 BILLS FOR FINAL PASSAGE 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-150 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 requested a separate vote on Council Bill 11351 Failed “Aye”: None “Nay”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Herrmann Absent: Reese Bill Failed Passage File #48222 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 Land Located Along the South Side of Veterans Memorial Parkway Known as 2669 Veterans Memorial Parkway (Sponsor: Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-151 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-152  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ Bill 11357 An Ordinance Authorizing a Contract with Cannon General Contractors for the Construction of the Public Works Facility Access Road in an Amount Not to Exceed $173,512.00 (Sponsors: Bridget Ohmes, Mary Ann Ohms, Tom Besselman and Ron Stivison) Councilmember Rod Herrmann requested a separate vote on Council Bill 11357 Passed “Aye”: Ohms, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Ohmes “Nay”: Herrmann Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-152 Bill 11358 (To be Amended – Supplemental RCA Attached) An Ordinance Authorizing Change Order Number 2 to the Contract with Kuesel Excavating Company, Inc. for the West Clay Extension Project in an Amount of $562,194.84, for a Total Contract Amount Not to Exceed $2,618,362.22 (Sponsor: Tom Besselman) Councilmember Tom Besselman made a motion to amend Council Bill 11358 and hold Council Bill 11358 until the August 5, 2014 regular City Council Meeting. Council Bill 11358 will be amended as reflected in the Supplemental RCA correcting the total contract amount to $2,683,770.79. Councilmember Mary Ann Ohms seconded the motion. A roll call vote was taken with the following results: “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, and Feldman. “Nay”: None. Absent: Reese. Motion passed. Bill 11359 An Ordinance Amending Section 200.050 of the Code of Ordinances of the City of St. Charles Relative to Restrictions on Use of Police Department Dedicated Vehicles (Sponsors: Ron Stivison and Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-154 Bill 11360 An Ordinance Authorizing a Contract with Wright Construction Services, Inc., for the Construction of the Public Works Facility in an Amount Not to Exceed $7,045,000.00 (Sponsors: Bridget Ohmes, Mary Ann Ohms, Tom Besselman and Ron Stivison) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Ohmes and Ohms “Nay”: Hanneke and Herrmann Absent: Reese Approved by the Honorable Mayor on July 18, 2014 and is known as Ordinance 14-155  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11361 An Ordinance Authorizing Amendment No. 4 to the Contract with Lewis Rice Fingersh, L.C. to Provide Legal Services Related to Labor Agreement Negotiations with the International Firefighters Local 757 in an Amount of $20,000.00, for a Total Contract Amount Not to Exceed $130,000.00 (Sponsor: Dave Beckering) Bill 11362 An Ordinance Amending Ordinance No. 14-74 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Adding the Director of Tourism (Sponsor: Dave Beckering) Bill 11363 An Ordinance Amending Schedule IV, Table IV-A of Title III Traffic Code of the Code of Ordinances by Establishing a No Parking Restriction on the Foundry Art Centre Parking Lot (Sponsors: Jerry Reese and Mary Ann Ohms) Bill 11364 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the 100 Block of Howard Storm Sewer Improvement Project is Declared Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Rod Herrmann and Mary Ann Ohms) Bill 11365 An Ordinance Approving the Record Plat for Resubdivision of Readjusted Lot 7 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11366 An Ordinance Approving the Record Plat for Resubdivision of Lot 13A of Resubdivision of Lot 13 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11367 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 $3,384.00 During the Period of July 1, 2014 Through June 30, 2015 (Sponsor: Laurie Feldman) Bill 11368 An Ordinance Authorizing Contract Amendment Number 1 with E. Meier Contracting, Inc., for Concrete Pavement and Sidewalk Repairs in an Amount of $33,995.00, for a  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ Total Amount Not to Exceed $135,000.00 (Sponsor: Rod Herrmann) Bill 11369 An Ordinance Authorizing a Right-of-Way Encroachment License with America Multi- Cinema, Inc. to Construct and Maintain a Blade Sign on the Right of Way Located at or Near 311 Lombard Street (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke, Ron Stivison and Laurie Feldman) Bill 11370 An Ordinance Authorizing a Right-of-Way Encroachment License with SCND Theatre Parcel, LLC to Construct and Maintain a Retaining Wall on the Right of Way Located at or Near 311 Lombard Street in Front of AMC Theatre (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke, Ron Stivison and Laurie Feldman) Bill 11371 An Ordinance Authorizing Amendment Number 3 to the Contract with Coca-Cola Refreshments USA, Inc., in the Amount of $10,000 (Sponsors: Mary Ann Ohms, Tom Besselman and Ron Stivison) Bill 11372 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with Phase Three Improvements of the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District (Sponsor: Laurie Feldman) CONSENT AGENDA A motion was made by MARY ANN OHMS to approve the Consent Agenda. LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohms and Ohmes. “Nay”: None. Absent: Reese. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of July 1, 2014 2. Public Hearing of July 1, 2014 File #48223 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of July 1, 2014 b. Public Works Facility Design Task Force Meeting of July 1, 2014 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of July 1, 2014 (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ b. Public Works Facility Design Task Force Meeting of July 1, 2014 i. Motion to recommend that the City Council authorize entering into a contract with the lowest responsive bidder, Wright Construction Services, Inc. for the construction of the Public Works Facility in an amount not to exceed $7,096,000.00 ii. Motion to recommend that the City Council authorize entering into a contract with the lowest responsive bidder, Cannon General Construction for the construction the Public Works Facility Access Road in an amount not to exceed $173,512.00 C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Adjustment Meeting of June 9, 2014 File #48128 2. Planning and Zoning Commission Meeting of May 19, 2014 File #48155 3. Parks and Recreation Board Meeting of May 21, 2014 File #48156 4. Parks and Recreation Executive Committee Meeting of May 30, 2014 File #48157 D. Receipt of Reports of the Director of Administration 1. Approval of Emergency Purchase File #48177 2. Authorization to negotiate an engineering services contract with Woodard and Curran, Inc. for the design of the 94 Water Tower Project File #48224 3. Monthly Report on Request for Intra-Departmental Transfer of Appropriations >$10,000 – June 2014 File #48136 4. Authorization to Fill Vacant Position in Department of Community Development (non-VRIP) File #48225 5. Authorization to Fill Vacant Positions in Fire Department (VRIP) File #48232 6. Authorization to Fill Vacant Position in Public Works Department/Street Division (VRIP) File #48226 7. Authorization to Fill Vacant Position in Public Works Department/Facilities Maintenance Division (VRIP)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ File #48227 8. Authorization to Fill Vacant Position in Public Works Department/Facilities Maintenance Division (VRIP) File #48228 9. Authorization to Fill Vacant Position in Municipal Court (non-VRIP) File #48229 10. Authorization to Fill Vacant Positions in Police Department (VRIP) File #48230 11. Authorization to Fill Vacant Positions in Public Works Department/Water Division (VRIP) File #48231 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Authorization to enter into a contract with Kforce, Inc. for temporary Administrative Assistant staffing in Public Works in an amount not to exceed $70,932.80 C14-474 2. Authorization to enter into a Contract with Electric Controls Company for two (2) Danfoss FC202-P134 Variable Frequency Drive for the Water Division in an amount not to exceed $35,600.00 C14-474 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law – Finance File #48116 2. Letter Agreement to extend Agreement between IAFF Local 757 and the City to October 31, 2014 C09-09/Ord. 2009-012 3. Approval of Liquor License Application for Brian Cain, 77 Bistro, LLC, d/b/a: Carrington Place of St. Charles, located at 2150 W. Randolph 4. June Investment Report File #48138 5. Approval of Liquor License Application for Robert F. Wiegert, Schnuck Markets, Inc., d/b/a: Schnucks, located at 1900 First Capitol Drive (Retail – Full & Sunday & Wine Tasting) File #48115 6. Approval of Liquor License Application for Robert F. Wiegert, Schnuck Markets, Inc., d/b/a: Schnucks, located at 1900 First Capitol Drive (Full & Sunday by the Drink License)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ File #48115 7. Report of Court Administrator of Monies Collected and Deposited During the Month of June 2014 File #48137 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Laurie Feldman commented that there will be quality items such as flashlights, to hand out at the St. Charles Night Out events and wanted to insure those items were being ordered in a fair amount of time to be prepared for the event. Councilmember Bridget Ohmes announced the City of St. Charles Human Relations Commission along with the Fair Housing Commission will be hosting a program “Fair Housing 101 for Public Officials and Municipalites” at the St. Charles Police Department on Thursday, July 17, 2014 at 4:30 p.m. and invited everyone to attend. APPROVAL OF CLOSED MINUTES A motion was made by LAURIE FELDMAN to approve the following closed session minutes: A. Work Session of the City Council on Tuesday, June 10, 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) and 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) at 6:45 p.m. B. Work Session of the City Council on Tuesday, June 17, 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 610.021.3); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12); and confidential or privileged communications between a public governmental body and its auditors (RSMo 610.021.17) at 6:00 p.m. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Stivison. “Nay”: None. Absent: Reese. Motion passed. The Regular Council Meeting was adjourned at 7:24 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 15, 2014 ______________________________________________________________________________ _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer