City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, August 19, 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, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison and Mary West. Absent: Laurie Feldman and John Hanneke. 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 ROD HERRMANN to excuse the absence of Councilmember Laurie Feldman and Councilmember John Hanneke. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Checks to the following Grant Recipients: Connections to Success. Presentation of check was made by Councilmember Mary West in the amount of $2,960.00; and a brief description was given explaining the use of the grant funds. F.A.S.T. (Foster Adoption Support Team). Presentation of check was made by Council President Dave Beckering in the amount of $2,500.00; and a brief description was given explaining the use of the grant funds. Five Acres Animal Shelter. Presentation of check was made by Councilmember Ron Stivison in the amount of $1,600.00; and a brief description was given explaining the use of the grant funds. St. Charles Junior Service League. Presentation of check was made by Councilmember Mary West in the amount of $1,600.00; and a brief description was given explaining the use of the grant funds. Saints Joachim & Ann Care Service. Presentation of check was made by Councilmember Mary West in the amount of $6,000.00; and a brief description was given explaining the use of the grant funds. The Church of St. Charles. Presentation of check was made by Councilmember Tom Besselman in the amount of $1,320.00; and a brief description was given explaining the use of the grant funds. We Love Saint Charles. Presentation of check was made by Councilmember Tom Besselman in the amount of $800.00; and a brief description was given explaining the use of the grant funds.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: SENIOR CITIZEN ADVISORY COMMISSION: Appointment of Caroline Geisz to a three-year term ending in February, 2017 Re-Appointment of Eilene Lyons to a three-year term ending in September, 2017 ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering. “Nay”: None. Absent: Feldman and Hanneke. Motion passed. File #48106 Written and/or Verbal Messages from the Mayor Mayor Faith announced the International Economic Development Council (IEDC) has recognized the Economic Development Department for the City of St. Charles as one of the 42 economic development organizations accredited by IEDC as an Accredited Economic Development Organization (AEDO). Mayor Faith announced the Missouri Advisory Council on Historic Preservation voted unanimously at its quarterly conference in Kansas City August 14-15, 2014 to place the Midtown Historic District on the National Register of Historic Places. Mayor Faith acknowledged a letter she received from a Grandma’s Cookies customer relative to a positive and kind experience she had while visiting Main Street St. Charles. Mayor Faith acknowledged a letter of thanks and appreciation from a St. Charles City resident relative to a recent experience with our Public Works Engineering Department and Water Division. Mayor Faith announced upcoming events. For more information regarding the events, visit www.historicstcharles.com. PUBLIC COMMENT Bill T. Davis, 1946 Sibley, St. Charles, Missouri, voiced concern relative to recent code violation issued at 2209 Droste Road. BILLS FOR FINAL PASSAGE Bill 11363 (Amended) 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-168 Bill 11373 An Ordinance Repealing Ordinance No. 2014-104 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Deleting References to Dispatchers, Police Service Officers and Records Clerks that are Subject to a Labor Agreement ; to Revise a Position Title; and to Establish the Position Title of CDBG Code Enforcement Officer (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-169 Bill 11374 An Ordinance Amending the Planned Development Agreement for Springwell Village and Approving a First Amendment to the Amended and Restated Development Agreement for Springwell Village (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-170 Bill 11375 An Ordinance Approving the Record Plat for Resubdivision of Lot 8B of Resubdivision of Lot 8 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-171 Bill 11376 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-K, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-172 Bill 11377 An Ordinance Authorizing Amendment No. 1 to the Contract with Pecoraro Limousines, LLC dba JED Transportation for Temporary Shuttle Bus Transit Services During Closure of the Parking Garage for the City Hall Parking Structure Renovation Project in an Amount of $35,000.00 for a Total Amount Not to Exceed $141,120.00 (Sponsors: Mary Ann Ohms and Tom Besselman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-173 Bill 11378 An Ordinance Authorizing an Engineering Services Contract with Parsons Brinkerhoff, Inc. to provide Engineering Services for the Design of the Boschertown Road Phase II Improvement Project in an Amount Not to Exceed $321,854.00 (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-174 Bill 11379 An Ordinance Authorizing the Purchase of Real Property Located at 1805 South Old Highway 94 for the Not To Exceed Amount of $632,000.00, Inclusive of Closing Costs, and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-175 Bill 11380 An Ordinance Declaring Real Property Surplus and Authorizing a Contract with Active Dynamics, LLC in the Amount of $200,000 (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-176 Bill 11381 An Ordinance Authorizing a Utility Agreement by and between Union Electric Company d/b/a Ameren - Missouri and the City of St. Charles for the Undergrounding of the Overhead Utility Lines Owned by Ameren for the Fifth Street Gateway Improvement Project in an Amount Not to Exceed $683,962.13 (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Rod Herrmann) Councilmember Tom Besselman requested a separate vote on Council Bill 11381. Councilmember Tom Besselman voiced concern relative to Council Bill 11381. Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and “Nay”: Bessleman Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-177 Bill 11382 An Ordinance Authorizing a Utility Agreement by and between Union Electric Company d/b/a Ameren - Missouri and the City of St. Charles for the Undergrounding of the Overhead Utility Lines Owned by Ameren for the Fifth Street Gateway Improvement Project Alternate C in an Amount Not to Exceed $348,754.64 (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Rod Herrmann) Councilmember Tom Besselman requested a separate vote on Council Bill 11382. Councilmember Tom Besselman voiced concern relative to Council Bill 11382. Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: Besselman Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-178 Bill 11383 An Ordinance Authorizing a Utility Agreement by and between Southwestern Bell Telephone Company, d/b/a AT&T Missouri and the City of St. Charles for the Undergrounding of the Overhead Utility Lines Owned by AT&T for the Fifth Street Gateway Improvement Project in an Amount Not to Exceed $270,440.02 (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-179  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ Bill 11384 An Ordinance Authorizing a Utility Agreement by and between Charter Entertainment I, LLC and the City of St. Charles for the Undergrounding of the Overhead Utility Lines Owned by Charter for the Fifth Street Gateway Improvement Project in an Amount Not to Exceed $225,784.01 (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Hanneke Approved by the Honorable Mayor on August 20, 2014 and is known as Ordinance 14-180 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11385 An Ordinance Authorizing Agreements with Public Service Agencies for Administering Programs Benefiting St. Charles Citizens Utilizing Community Development Block Grant Funds for the Program Year January 1, 2014- December 31, 2014 and Re- Allocating 2013 CDBG Funds to a New Agency (Sponsor: Dave Beckering) Bill 11386 An Ordinance Authorizing a State and Local Task Force Agreement (St. Louis Task Force Group One) Between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri for Reimbursement of Overtime Expenses Related to a Joint Operation Conducted by DEA for the Period of September 30, 2014 to September 29, 2015 (Sponsor: Ron Stivison) Bill 11387 An Ordinance Approving the Record Plat for Resubdivision of Readjusted Lot 6B of Boundary Adjustment of Adjusted Lot 6B and Adjusted Lot 7 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11388 An Ordinance Authorizing Acceptance of Public Improvements at Brighton Park Phase III, Fountainview Drive, and Authorizing Release of Security related thereto (Sponsor: Jerry Reese) Bill 11389 An Ordinance Authorizing Acceptance of Public Improvements and Their Appurtenances on Blanche Drive (Mittler Acres) for Lance Portell and Authorizing Release of Security related thereto (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ Bill 11390 An Ordinance Authorizing a Right-of-Way Encroachment License Agreement with RTW1, Inc. to Construct and Maintain a Patio Fence on the Right of Way Located at or Near 201 North Main Street (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke, and Ron Stivison) Bill 11391 An Ordinance Authorizing and Engineering Services Contract with Woodard and Curran to Provide Engineering Services for the 94 Water Tower Project in an Amount Not to Exceed $319,589.00 (Sponsor: Rod Herrmann) Bill 11392 An Ordinance Authorizing a Contract with Pipe Works Utilities, LLC for the Lindenwood Pump Station Improvements Project in an Amount Not to Exceed $163,300.00 (Sponsors: Ron Stivison and Rod Herrmann) Bill 11393 An Ordinance Amending Ordinance No. 14-158 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Adding the Public Works Director (Sponsor: Dave Beckering) Bill 11394 An Ordinance Authorizing a Third Amendment to a Planned Development Mixed Use Development Agreement between the City of St. Charles, Missouri and The DESCO Group, Inc., for the West Clay Extension Redevelopment Project (Sponsors: Tom Besselman and Mary Ann Ohms) Bill 11395 An Ordinance Amending Chapter 340 of the Code of Ordinances of the City of St. Charles, Missouri, by Enacting Two New Sections to be Known as Sections 340.230 and 340.240 to Prohibit Texting While Driving for All Age Groups in the City of St. Charles, Missouri (Sponsor: Ron Stivison) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Herrmann, Ohms, Ohmes, Reese, Stivison, West, Beckering and Besselman. “Nay”: None. Absent: Feldman and Hanneke. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 5, 2014 2. Public Hearing of August 5, 2014 File #48241  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ 3. Special Council Meeting of August 12, 2014 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of August 5, 2014 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of August 5, 2014 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Convention Center Oversight Subcommittee Special Meeting of July 7, 2014 a. Motion to accept Bax Engineering Company’s engineering services contract for a total not to exceed $122,977.00 File #48147 2. Convention Center Oversight Subcommittee Meeting of June 2, 2014 a. Motion to approve moving forward with bidding and necessary sizing approvals for the marquee renovation for presentation at the next meeting b. Motion to approve the Capital Expenditure reimbursement totaling $131,456.24 as presented File #48147 3. Planning and Zoning Commission Meeting of June 23, 2014 File #48155 4. Fourth of July Celebration Committee Meeting of June 9, 2014 File #48149 5. Special Business District Advisory Board Meeting of July 10, 2014 a. Motion to accept the budget as presented File #48127 6. Economic Development Commission Meeting of June 5, 2014 File #48148 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Request for Intra-Departmental Transfer of Appropriations >$10,000 – July 2014 File #48136 2. Request Authorization to cancel Sandfort Creek Trunk Main Replacement Project (C13SANSEWER015) and Transfer Funds to Exposed Sanitary Sewers in Creek Bank Project (C13SANSEWER013) File #48242  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Sumner Group, Inc. dba Copying Concepts for the purchase of six (6) new Konica Minolta C454e color copiers in an amount of $34,854.00 C14-537 F. Preliminary Plats (none) G. Miscellaneous 1. Report of Court Administrator of Monies Collected and Deposited during the Month of July, 2014 File #48137 2. Liquor License Application for Kevin Connor, d/b/a: AMC Theatre Streets of St. Charles 8, located at 311 Lombard Street File #48115 3. Liquor License Application for Lorene Samson, d/b/a: Dewey’s Pizza, located at 1520 South Fifth Street, Ste. 102 File #48115 4. Receipt of July 2014 Investment Report File #48138 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Convention Center Oversight Subcommittee Special Meeting of July 7, 2014 Director Michael Spurgeon on behalf of the Convention Center Oversight Subcommittee members, Mayor Faith and Director of Public Works Jerry Hurlbert reported the Convention Center has recently entered into a contract with Bax Engineering for services related to the parking lot improvements at the Saint Charles Convention Center. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Work Session of the City Council on Tuesday, July 1, 2014, relative to legal actions, causes of action, or litigation (RSMo 610.021.3); 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 discussions or work product, on behalf of the Council or its representative for negotiations with employee groups (RSMo 610.021.9) at 6:30 p.m. B. Work Session of the City Council on Tuesday, July 8, 2014, relative to 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 7:25 p.m. C. Work Session of the City Council on Tuesday, July 15, 2014, relative to Legal actions, causes of action, or litigation (RSMo 610.021.1) and Leasing, purchase or  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 19, 2014 ______________________________________________________________________________ sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) at 6:30 p.m. ROD HERRMANN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Herrmann and Ohmes. “Nay”: None. Absent: Feldman and Hanneke. Motion passed. The Regular Council Meeting was adjourned at 7:46 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer