City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, October 21, 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, 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. PUBLIC HEARING The President of the Council Dave Beckering announced that the following Public Hearing would now be held. At the conclusion of the Public Hearing, the Regular Session continued with the order of business: A. 2015 Community Development Block Grant Program (CDBG) Annual Action Plan (This Public Hearing is to Remain Open until November 7, 2014) (Council Bill 11435) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation by Gamble & Schlemeier, Ltd. Mayor Faith introduced Jeff Brooks from Gamble & Schlemeier. Mr. Brooks provided updates relative to the recent legislative and veto session. Councilmember Reese voiced concerns with the Missouri Works Program and requested updates on this issue. Mayor Faith thanked Mr. Brooks for attending tonight’s meeting and providing the updates. Presentation of Proclamation to the City of St. Charles Parks and Recreation Department In Recognition of the 2014 Illumination Event Mayor Faith announced due to the Food Trucks in Frontier Park Event taking place this evening, the Proclamation will presented to the Parks and Recreation Department at the November 4, 2014, Regular City Council Meeting. Appointments to Boards/Commissions A motion was made by MARY ANN OHMS to approve the following appointments as presented by the Honorable Mayor Sally A. Faith: CONVENTION AND VISITORS COMMISSION: Appointment of April Feldewerth to fill a three-year term ending in May, 2015 HUMAN RELATIONS COMMISSION: Appointment of Carol Bannes to a three-year term ending in August, 2017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ PLANNING AND ZONING COMMISSION: Appointment of Steve Hollander to a four-year term ending in July, 2018 SPECIAL BUSINESS DISTRICT: Appointment of Carol Hurst to a three-year term ending in November, 2017 RON STIVISON 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. Written and/or Verbal Messages from the Mayor Mayor Faith announced upcoming events. For more information, visit www.historicstcharles.com. PUBLIC COMMENT David Monahan, 723 Woodlawn Avenue, O’Fallon, Mo., representing Red Nose Lighting, Spoke in favor of Consent Agenda Item 10.E.6. BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-218 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) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-219 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-220 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 (Sponsors: Mary Ann Ohms, Jerry Reese and Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-221 Bill 11426 (To be held by Sponsor) (Supplemental RCA Attached) 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) A motion was made by ROD HERRMANN to hold Council Bill 11426. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. 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) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-222 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) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on October 22, 2014 and is known as Ordinance 14-223 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11429 An Ordinance Approving an Administrative Regulation Relating to Towing Services (Sponsor: Dave Beckering) Councilmember Ron Stivison and Councilmember Jerry Reese requested that their names be added as sponsors. Bill 11430 An Ordinance Authorizing a Third Amendment to the Agreement for Collection of Taxes with Saint Charles County for the Collection of the Annual New Town Neighborhood Improvement District (NID) Assessment (Sponsor: Dave Beckering) Bill 11431 An Ordinance Authorizing the Sale of Real Property Located at 14 Quiet Brook Court to Gregory S. Sarich and Mary M. Sarich for the Sale Price of $205,000.00 and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: John Hanneke) Bill 11432 (Amended Prior to Introduction) An Ordinance Authorizing a Right-of-Way Encroachment License with St. Charles Noah Development, LLC to Construct and Maintain Light Pole Banners on the Right of Way Located Along South Main Street from South Fifth Street River Road to Northern Limits of the Cullinan Property (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke, Ron Stivison and Laurie Feldman) A motion was made by LAURIE FELDMAN to amend Council Bill 11432 prior to introduction, as follows: Delete Fifth Street and South River Road in the title of bill. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. Bill 11433 An Ordinance Authorizing Acceptance of Public Improvements at Charlestowne Plat 1, and Authorizing Release of Security related thereto (Sponsor: Rod Herrmann) Bill 11434 An Ordinance Authorizing a Contract with DBK Salt Supply, LLC for the Purchase of Approximately 2,500 Tons of Bulk Road Salt for the 2014/2015 Winter Season in an Amount Not to Exceed $302,500 (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ Bill 11435 An Ordinance Authorizing the Mayor and City Clerk to Execute and File the 2015 Consolidated Annual Action Plan with the U.S. Department of Housing and Urban Development for a Community Development Block Grant (Fiscal Year 2015) (Sponsor: Dave Beckering) Bill 11436 An Ordinance Approving the Record Plat for MB Corporate Park Resubdivision of Lot 1G, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11437 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) Bill 11438 An Ordinance Granting to Union Electric Company d/b/a Ameren Missouri, an Easement Located on City Property at 2871 Elm Point Industrial Drive for the Installation, Operation and Maintenance of Electric Services to the New Public Works Facility (Sponsors: Bridget Ohmes, Mary Ann Ohms, Tom Besselman and Ron Stivison) Bill 11439 An Ordinance Authorizing a Settlement Agreement and Release of All Claims Between the City of St. Charles and The PrivateBank and Trust Company for the Release of Escrow Funds to Complete the Punch List for Charlestowne Plat 1 (Formerly the Bowers and Bailey Section) (Sponsor: Rod Herrmann) Bill 11440 An Ordinance Authorizing an Agreement Between the City of St. Charles and St. Charles County Granting St. Charles County Permission to Utilize the City’s Historic Missouri Wine Logo on County Directional Signs (Sponsor: Ron Stivison) Bill 11441 An Ordinance Authorizing a Cost Sharing Cooperation Agreement Between the City of St. Charles and Fischer and Frichtel Custom Homes for Engineering Services by Burns and McDonnell related to Boschert Creek in an Amount Not to Exceed $6,500.00 (Sponsor: Rod Herrmann) A brief discussion was held relative to the study completed by Burns and McDonnell.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ 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”: Herrmann, Ohms, Ohmes, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of October 7, 2014 2. Public Hearing of October 7, 2014 File #48263 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Technology Committee Meeting of October 7, 2014 File #48264 2. Approval of Council Committee Motions/Actions/Recommendations a. Technology Committee Meeting of October 7, 2014 i. Consensus of the committee Information Technology and Administration to work on a Policy that will be presented to the Technology Committee relative to how long we must or should keep data C. Receipt of Reports from Boards, Commissions, or Committees 1. Special Convention Center Oversight Subcommittee Meeting of August 27, 2014 File #48147 2. Digital Media Commission Meeting of April 2, 2014 File #48265 3. Citizens with Disabilities Advisory Board Meeting of August 27, 2014 File #48214 4. Economic Development Commission Meeting of September 4, 2014 File #48148 5. Special Business District Advisory Board Meeting of August 7, 2014 File #48127 6. Senior Citizen Advisory Commission Meeting of August 19, 2014 File #48194 7. Greater St. Charles Convention & Visitors Commission Meeting of July 29, 2014 File #48154 8. Housing Authority Meeting of August 14, 2014 File #48129 9. Planning and Zoning Commission Meeting of August 25, 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ File #48155 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – September, 2014 File #48136 2. Authorization to fill Vacant Positions in Police Department (2 Police Officers) (VRIP) File #48266 3. Authorization to fill Vacant Position in Police Department (Communications Specialist-Dispatch) (non-VRIP) File #48267 4. Authorization to fill Vacant Position in Police Department (Community Information Project Specialist – Crime Analyst) (non-VRIP) File #48268 5. Authorization to fill Vacant Position in Information Technology Department (VRIP) File #48269 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Supplemental Agreement No. 4 with Intuition and Logic, Inc. for the Shadow Wood Restoration Project in the amount of $2,635.00, for a total amount not to exceed $68,479.00 C11-630 2. Contract Amendment No. 1 with Schulte Supply, Inc. for the Purchase of new Water Meters in the amount of $25,000.00, for a total not to exceed contract amount of $53,500.00 C14-516 3. Contract with R.V. Wagner Inc. for the Charlestowne Plat 1 Repair Project in an amount not to exceed $76,038.00 C14-628 4. Contract with George Butler Associates, Inc. for Updating City Street and Utility GIS Data in an amount not to exceed $50,000.00 C14-627 5. Second Renewal Contract with Shea, Kohl & Alessi, L.C., to provide Municipal Prosecution Services for 2015 in an amount not to exceed $54,000.00 C12-662 6. Contract with SealMaxx of Greater St. Louis, Inc. dba Red Nose Lighting for Holiday Lighting and Decoration Services at North and South Main Street, Berthold Park, Frontier Park and Frenchtown in an amount not to exceed $41,980.00 C14-364  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ F. Preliminary Plats (none) G. Miscellaneous 1. September Investment Report File #48138 2. Approval of Home Improvement Loans File #48206 3. Letter Agreement to extend Agreement between IAFF Local 757 and the City to November 30, 2014 C09-009/Ord. 09-012 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Feldman announced the Food Trucks in Frontier Park Event tonight was a success. There was a large crowd and the food was delicious. Update from Council Liaisons on Boards/Commissions/Committees Council President Beckering announced due to scheduling conflicts he is not able to serve as Council Liaison on the Fourth of July Celebration Committee and asked the Council for a volunteer. Councilmember Reese volunteered to serve and requested this appointment be placed on the next Regular City Council Meeting agenda for council approval. APPROVAL OF CLOSED MINUTES A motion was made by MARY ANN OHMS to approve the following closed session minutes: A. City Council Work Session of Tuesday, September 23, 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 legal consideration therefor (RSMo 610.021.2); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. BRIDGET OHMES 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. CLOSED SESSION A motion was made by BRIDGET OHMES to convene into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2). JERRY REESE seconded the motion. A roll call vote was taken,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 21, 2014 ______________________________________________________________________________ with the following results. “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: None. Motion passed. The open portion of the Regular Council Meeting was adjourned at 7:38 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer