City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, October 7, 2014, at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with the 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, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Jerry Reese, Ron Stivison and Mary West. Absent: None. 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. Councilmember Laurie Feldman announced October is Breast Cancer Awareness month and that she’s a survivor. In recognition of this, Ms. Feldman shared cookies with all the attendees. 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. (RCA Attached) (Applicant has requested Case No. CU-2014-16 be withdrawn at the September 22, 2014, Planning & Zoning Commission Meeting; therefore, this item to be withdrawn by City Council) B. Case No. CU-2014-26. (PM Design Group, Inc. – Karen Wallace) An application for a Conditional Use Permit from §400.220(C)(1)(g) for Secondhand Sales within the C-2 General Business District, specifically to allow the sale of secondhand items (clothing, books, housewares, furniture and like items) for a new business (Savers) at 1920 Zumbehl Road. The subject property is 5.14 acres and is located in Ward 6. (RCA Attached) C. Case No. TA-2014-5. An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri by amending §400.1090 relative to the Board of Adjustment and the votes required to approve appeals and variances. (Council Bill 11424) D. Case No. TA-2014-6. An application to amend Chapter 400: Zoning Code of the Code of Ordinances of the City of St. Charles, Missouri by amending §400.1720 to increase the allowable square footage of signs in the C-3 Highway Business  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ District, I-1 Light Industrial District, and I-2 Heavy Industrial District adjacent to highways. (Council Bill 11425) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Proclamation Recognizing Masterclock, Inc. as recipient of the Governor’s Exporter of the Year Award Mayor Faith introduced Economic Development Director David Leezer and requested Mr. Leezer and the Members of the Economic Development Commission present the Proclamation to Masterclock, Inc. Mr. Leezer presented a Proclamation recognizing Masterclock, Inc. as recipient of the Governor’s Exporter of the Year Award. 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: FOURTH OF JULY CELEBRATION COMMITTEE Appointment of Ashley Boldt to fill a three year term ending in January, 2017 HUMAN RELATIONS COMMISSION Appointment of Kerrie Mondy to fill a three year term ending in August, 2017 RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: None. Motion passed. Council President Beckering announced the St. Louis Cardinals won the game tonight! Score was 3 to 2. Written and/or Verbal Messages from the Mayor Mayor Faith announced upcoming events. For more information regarding the events, visit www.historicstcharles.com. Mayor Faith reported Prasino’s received recognition in the top 10 most booked restaurants. They ranked #8! PUBLIC COMMENT Gene Tinsley, 1740 Waterfall Drive, spoke in opposition to Council Bill 11411. Timothy Wadman, 1558 Cattail, St. Charles, Mo., spoke in opposition to Council Bill 11411. Sara Schulz, 1149 Pike Street, voiced concerns relative to new Post Office location/traffic.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ Leann Starr, 1155 Jackson, voiced concerns relative to new Post Office. Judi Meredith, 1147 Pike Street, voiced concerns relative to new Post Office/traffic. RESOLUTIONS A Resolution to Re-Establish a Procedure to Disclose Potential Conflicts Of Interests for Certain Municipal Officials (Sponsor: Dave Beckering) Passed “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 7, 2014 and is known as Resolution 14-32 BILLS FOR FINAL PASSAGE Bill 11396 An Ordinance Authorizing a Fourth Agreement to Amend the Contract between the County of St. Charles and the City of St. Charles for use of St. Charles County Transportation Sales Tax Funds to Extend West Clay Street from First Capitol Drive to Boone Avenue (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 9, 2014 and is known as Ordinance 14-206 Bill 11411 An Ordinance Approving the Record Plat for Hwy 94 Water Tower, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Dave Beckering) Councilmember Mary West thanked Mr. Tinsley and Mr. Wadman for their comments. Ms. West announced City Engineer Kevin Corwin and Project Manager Brad Temme would be presenting a brief PowerPoint presentation relative to the water tower project. Following the presentation, Ms. West requested Director of Administration Michael Spurgeon to contact Mr. Tinsley and address the insurance questions Mr. Tinsley presented. It was announced the City Council held Public Hearings and Council Work Sessions on this project in which all were open to the public. It was also mentioned there were several one-on- one meetings with residents, resident emails addressed by city staff and there was an open house with residents on September 24th. Councilmember West reported the public hearing notices were mailed to everyone located within a 300’ radius of the proposed project; however the notices were mailed to the property owners of the businesses – not the tenants.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ It was further reported a public meeting will be held the first week of December to receive input on planting and green space; along with discussion of a berm – which is being considered for a containment basin. Councilmember Rod Herrmann reported new water tower being proposed due to safety concerns. The south of I-70 has been experiencing water pressure problems for residents – and this is a safety issue for the fire department as well as for the residents and businesses. Mr. Herrmann explained there was a breach in the water line this past summer and with the combined efforts of St. Peters and St. Charles the line was repaired. These issues have also been reviewed extensively by the Board of Public Works. Councilmember Mary West requested a separate vote on Council Bill 11411. Passed “Aye”: Stivison, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, and Reese “Nay”: West Absent: None Approved by the Honorable Mayor on October 8, 2014 and is known as Ordinance 14-207 Bill 11412 An Ordinance Repealing Ordinance 14-014 and Enacting a New Ordinance Annexing Certain Adjacent Contiguous Territories into the City of Saint Charles, Missouri, and Assigning the Properties to a Designated Ward of the City Being Lands Petitioned for Annexation by Dennis R. Otto, Sr. (0.23 Acres of Land Being Lot 4 of the Lakeview Subdivision) (Sponsor: Mary West) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-208 Bill 11413 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the StreetsFest Art Fair at the Streets of St. Charles on October 18, 2014 (Sponsor: Laurie Feldman) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-209 Bill 11414 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the 30 – 35 Terrie Lane Storm Sewer Improvement Project are Declared  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Rod Herrmann and Ron Stivison) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-210 Bill 11415 An Ordinance Approving a Settlement Agreement with CenturyTel of Missouri, LLC d/b/a CenturyLink and Authorizing the Mayor and City Clerk to Execute Documents Necessary to Facilitate Receipt of Settlement Funds (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-211 Bill 11416 An Ordinance Authorizing Supplemental Agreement No. 3 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 $40,713.87, for a Total Amount Not to Exceed $477,573.32 (Sponsors: John Hanneke, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes and Ron Stivison) Councilmember Tom Besselman requested a separate vote on Council Bill 11416 Passed “Aye”: Stivison, West, Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: Besselman Absent: None Approved by the Honorable Mayor on October 16, 2014 and is known as Ordinance 14-212 Bill 11417 An Ordinance Authorizing a Site Access License Agreement with LMI Aerospace, Inc., for the Purpose of Allowing the Installation of Four New Monitoring Wells and the Sampling of Groundwater from the Four New Monitoring Wells and the Eleven Existing Monitoring Wells on City Property (Sponsor: Rod Herrmann) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-213  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ Bill 11418 An Ordinance Authorizing Amendment Number 3 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 $14,000.00, for a Total Amount Not to Exceed $327,271.70 (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-214 Bill 11419 An Ordinance Authorizing Change Order Number 3 to the Contract with C. Rallo Contracting Company, Inc. for the City Hall Parking Renovation Structure Project by Revising the Substantial Completion Date, Adding New Bid Items to the Contract and Modifying Contract Quantities for Existing Bid Items at No Cost Increase to the City (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-215 Bill 11420 An Ordinance Authorizing Contract Amendment Number 2 with E. Meier Contracting, Inc., for Concrete Pavement and Sidewalk Repairs in an Amount of $20,000.00, for a Total Amount Not to Exceed $155,000.00 (Sponsor: Rod Herrmann) Councilmember Tom Besselman requested a separate vote on Council Bill 11420 Passed “Aye”: Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and West “Nay”: None “Abstain”: Besselman (due to conflict of interest) Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-216 Bill 11421 An Ordinance Authorizing the Purchase of Bangert Island in the Amount Not to Exceed $350,000 and Authorizing the Payment of Closing Costs in the Amount Not to Exceed $2,000 (Sponsor: Laurie Feldman) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on October 13, 2014 and is known as Ordinance 14-217 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11422 An Ordinance Approving the Record Plat for Resubdivision of Lot 1A of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11423 An Ordinance Approving the Record Plat for Resubdivision of Lot 5B of Resubdivision of Lot 5 of The Hamptons PD-R, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Bill 11424 An Ordinance Amending Section 400.1090 of the Code of Ordinances of the City of St. Charles Relative to the Board of Adjustment and the Votes Required to Approve Appeals and Variances (Sponsor: Mary Ann Ohms) Bill 11425 An Ordinance Amending Section 400.1720 of the Code of Ordinances of the City of Saint Charles, Missouri by Adding a Paragraph Increasing the Allowable Square Footage of Signs in the C-3, I-1 and I-2 Zoning Districts Adjacent to Highways (Sponsor: Mary Ann Ohms) Councilmember Jerry Reese and Councilmember Ron Stivison requested that their names be added as sponsors. Bill 11426 An Ordinance Authorizing a Site Access License Agreement with AmerenUE for the Purpose of Allowing the Installation of ISCO and ISCR Injection Wells and Piezometers on City Property (Sponsor: Rod Herrmann) Bill 11427 An Ordinance Authorizing Amendment No. 5 to the Contract with Lewis Rice Fingersh, L.C. to Provide Legal Services Related to the Creek Bank Stabilization Project Involving Terra Technologies, Inc. in an Amount of $20,000.00, for a Total Contract Amount Not to Exceed $105,000.00 (Sponsor: Rod Herrmann) Bill 11428 An Ordinance Authorizing the Sale of Real Property Located at 1517 Shadow Wood Drive to Kara L. Anderson for the Sale Price of $120,000.00 and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Appointment to Board of Adjustment A motion was made by RON STIVISON to approve the appointment of Richard Alferman to fill the Alternate Member vacancy. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering. “Nay”: None. Absent: None. Motion passed. File # 48260 CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of September 23, 2014 2. Public Hearing of September 23, 2014 File #48261 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of September 9, 2014 File #48119 b. Council Work Session of September 23, 2014 File #48117 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of September 9, 2014 i. Motion to conduct a multi-way stop warrant study at the intersection of Boschertown Road and Fox Hill Road ii. Motion to create a No Parking Zone along both sides of Elm Street from Briarcliff Drive to Old Elm Street iii. Motion to accept proposed changes by the County Road Board on the proposed project application for the Droste Road Reconstruction Project as presented to the Street Committee and to provide written confirmation that Council supports undergrounding the overhead utility lines along this corridor as part of the project iv. Motion to approve staff work with the City Attorney to amend Code Section 505.60 and/or other necessary Code Sections in order to allow Right-of-Way Encroachment Licenses to be approved by City Staff and signed by the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ Mayor, and to allow an appeal process to the Street Committee/City Council if the application is denied v. Consensus of the Street Committee members to reject the request from the County Transportation Director that the City consider changing the plans for the Kingshighway Signalization project to reflect an unbalanced four lane section instead of the currently designed three lane section vi. Motion to repeal the shuttle bus shelter located at City Hall remain and the shuttle bus shelter located at Lewis and Clark Boathouse parking lot be relocated to Jaycee Village after the City Hall Parking Garage Renovation Project is complete vii. Motion staff to purchase the two shuttle bus shelters currently being leased for the City Hall Parking Garage Renovation Project and benches and relocate them to the O’Dell Senior Center and the Foundry Arts Centre with final siting approval from the O’Dell Senior Center personnel and Foundry Art Centre management which includes Jim Unger viii. Consensus of the Street Committee Members staff to conduct a survey of existing ridership and public notice relative to the possible expansion of the SCAT Bus System to New Town. Staff to coordinate with the Senior Citizens Advisory Committee regarding various other locations (subdivisions) in the City for expanded SCAT service. Staff to bring a progress update to the December 2014 Street Committee meeting and a final recommendation on the New Town service to the January 2015 Street Committee meeting. The final recommendation of other expansion areas will be determined after consultation with Senior Citizens Committee and reported at the December Street Committee meeting ix. Motion to install a bench at the SCAT bus stop located at the Kathryn Linnemann Library b. Council Work Session of September 23, 2014 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Veterans Commission Meeting of August 11, 2014 File #48193 2. Veterans Commission Meeting of July 14, 2014 File #48193 3. Landmarks Board Meeting of August 18, 2014 File #48129  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ 4. Board of Public Works Meeting of August 4, 2014 a. Motion to recommend cancelling the project and re-evaluating the trunk main with a camera inspection every 3 years, adding a project to replace the sanitary sewer trunk main within the Long Range Sanitary Plan and moving approximately $600K, which includes the remainder of the contract with M3 which would be cancelled, to the Exposed Sanitary Sewer Pipes in Creek Bank Project b. Motion to recommend approval of the contract with Pipe Works Utilities, LLC for the Lindenwood Pump Station Improvements project in an amount not to exceed $161,400.00 c. Motion to recommend acceptance of utilities and appurtenances at Brighton Park Phase III by Pulte Group and authorize full release of escrows d. Motion to recommend authorization to enter into an Engineering Services Contract with Woodard and Curran for the 94 Water Tower Project in an amount not to exceed $319,589.00 e. Motion to recommend authorization to enter into a Real Estate Sale Agreement with Star Concrete Co., Inc. for property purchase at 1805 S. Old Highway 94 for the 94 Water Tower Project in an amount not to exceed $632,000.00 File #48157 5. Convention Center Oversight Subcommittee Meeting of August 4, 2014 a. Motion to move forward with the marquee project with Piros Signs being the preferred vendor b. Motion to approve the Capital Expenditure reimbursement request totaling $189,717.55 as presented c. Motion to approve the Cold Weather, Water Damage insurance deductible reimbursement request totaling $25,000.00 as presented File #48147 6. Park & Recreation Work Session of September 3, 2014 File #48156 7. Park & Recreation Board Meeting of August 20, 2014 File #48156 D. Receipt of Reports of the Director of Administration 1. Request to allow Ameren UE to Proceed with Remedial Action on Huster Road, South of Highway 370, after receiving the signed License Agreement and before all final steps are completed File #48162  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 7, 2014 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Change Order No. 1 to the Contract with Gamma Tree Service, LLC for the Removal and Trimming of Trees located at City Hall and Miscellaneous Creek Tree Removals in an amount of $5,000.00 for a Total Contract Amount of $32,000.00 C14-169 2. Amendment No. 12 to the Contract with Lewis Rice & Fingersh, L.C. to Provide Legal Services related to Employment Law Matters in an amount of $10,000.00 for a Total Contract Amount of $79,000.00 C08-508 F. Preliminary Plats (none) G. Miscellaneous (none) ITEMS REMOVED FROM CONSENT AGENDA There were not items removed from the consent agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Jerry Reese announced the DEA has decided to cancel the Prescription Drug Take Back Event at local police stations. Mr. Reese further reported there was a low turn-out last week and 95 lbs. of prescription drugs received vs. 2,000 lbs. in past events. SSM may hold the event in the future – will keep everyone posted. Councilmember Mary West reported she received a letter from resident Lou Morman regarding resolution he received from Public Works employees Mario Bermudez and Steve Noonan on a street issue. Ms. West asked Public Works Director Jerry Hurlbert to thank the two gentlemen for a job well done. Councilmember Ron Stivison reported the VFW Post 2866 will be holding a Veterans Health and Benefit Fair on November 8th from 10:00am – 3:00pm. The fair will assist Veterans and their families with filing VA claims, determining health care eligibility, assistance in finding a job, and flu shots. You must bring a copy of your DD-214 separation papers to see if you qualify for VA benefits. The Regular Council Meeting was adjourned at 8:10 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer