City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 6, 2015 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, 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 # 48303 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 HEARINGS A. Case No. Z-2014-11. (Musler Engineering Company) An application to rezone land and vacated right-of-way located north of First Capitol Drive (just west of the Kingshighway Street and First Capitol Drive intersection) from the C-2 General Business District and the R-1E Single-Family Residential District to the O-I Office Institution District. This property is currently a part of the Lindenwood University campus. The subject area for rezoning is approximately 5.21 acres and is located in Ward 9 (Council Bill 11506) B. Case No. CU-2014-32. (Tesla Motors, Inc. c/o Black & Veatch) An application for a Conditional Use Permit from §400.220(C)(1)(a) for a charging station for electric vehicles within the C-2 General Business District, specifically to install parking and 5 charging posts with associated equipment adjacent to 1981 Zumbehl Road within the Bogey Hills Shopping Plaza. The subject area for development is approximately 0.12 acres and is located in Ward 6 (RCA Attached) C. Case No. CU-2014-33. (Carl J. Maus) An application for a Conditional Use Permit from §400.480(C) for a Temporary Retail Sales Use within the C-3 Highway Business District, specifically to operate an outdoor retail plant and landscaping sales stand at 2665 South Old Highway 94. The subject property is 1.37 acres and is located in Ward 5 (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Update from the Oktoberfest Committee Relative to 2014 Oktoberfest Event Chairman of the Oktoberfest Committee Dan Foust provided an update relative to the 2014 Oktoberfest event. Mr. Foust thanked the City of St. Charles for their continued support. Written and/or Verbal Messages from the Mayor Mayor Faith announced several upcoming events. For information regarding events taking place in the City of St. Charles, visit www.historicstcharles.com.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution of the City of St. Charles, Missouri Selecting an Underwriter in Connection with the Proposed Issuance and Sale of General Obligation Refunding Bonds, Series 2015 in Connection with the Refunding of all of the City’s Outstanding General Obligation Refunding Bonds, Series 2006; and Acknowledging Certain Disclosures Pursuant to MSRB Rule G-17 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on January 6, 2015, and is known as Resolution R15-001 A Resolution Supporting the 2015 Project Application for the Recreational Trails Program Boeing Trail Project (Sponsor: Mary Ann Ohms) Councilmember Laurie Feldman requested her name be added as sponsor. Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Herrmann and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015 and is known as Resolution R15-002 *ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion and Consideration of Ameristar Tax Funds Council President Beckering requested agenda item 9. B. is addressed at this time. A motion was made by JERRY REESE to approve the use of Ameristar property tax settlement funds in the amount of $146,490.00 to pay for the items noted in the RCA. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Beckering, Besselman, Feldman, Hanneke and Ohmes. “Nay”: Stivison, West and Herrmann. Absent: None. Motion passed. File # 48300 Discussion ensued relative to the balance of the Ameristar property tax settlement funds. A motion was made by DAVE BECKERING to move the balance of the Ameristar property tax settlement funds ($550,000) into the fund reserves. LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese. “Nay”: None. Absent: None. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 11481 An Ordinance Authorizing a Contract with TASER International for Police Department Body Cameras Associated Accessory Equipment and Data Storage in an Amount Not to Exceed $424,437.18 (Sponsors: Laurie Feldman, Jerry Reese and Dave Beckering) Councilmember Herrmann and Councilmember West spoke in opposition to Council Bill 11481. Councilmember Feldman, Councilmember Ohms and Council President Beckering spoke in favor of Council Bill 11481. A brief discussion was held regarding federal grants to fund the purchase of the cameras. Director Spurgeon reported once information becomes available regarding federal funding, the information will be forwarded to the City Council. Mr. Spurgeon further reported Administration is continuously monitoring this issue. A brief discussion was held relative to data storage and retention of the data. A separate vote was taken on Council Bill 11481, with the following results: Passed “Aye”: Beckering, Besselman, Feldman, Hanneke, Ohmes, Ohms and Reese. “Nay”: Herrmann, Stivison and West. Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-001 Bill 11490 An Ordinance Authorizing Amendment No. 5 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 $10,000.00, for a Total Contract Amount Not to Exceed $140,000.00 (Sponsor: Dave Beckering) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-002 Bill 11491 An Ordinance Authorizing a Student Clinical Site Affiliation Agreement Between Pike- Lincoln Technical Center and the City of St. Charles to Provide Properly Enrolled Students an Opportunity to Observe and Participate in the Care of Patients for Emergency Medical Services (EMS) (Sponsors: John Hanneke and Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-003  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ Bill 11492 An Ordinance Authorizing a Memorandum of Understanding Between the City of Saint Charles, Missouri and Accu-Care Medical, Inc., an Emergency Medical Response Agency Providing Basic and Advanced Life Saving and Emergency Medical Care at the St. Charles Family Arena (Sponsors: John Hanneke and Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-004 Bill 11493 An Ordinance Authorizing a Contract with Don Brown Chevrolet, Inc. for the Purchase of Four (4) 2015 Chevrolet Tahoe Police Pursuit Vehicles in an Amount Not to Exceed $133,100.00 (Sponsors: Jerry Reese and Ron Stivison) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-005 Bill 11494 An Ordinance Approving the Record Plat for Estates at Talbridge Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-006 Bill 11495 An Ordinance Authorizing a Three Year Contract with Occupational Health Centers of Southwest PC dba Concentra Medical Centers to Provide Work Related Medical Services in an Amount Not to Exceed $183,849.00 (Sponsor: Dave Beckering) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-007  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ Bill 11496 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 #8) (Sponsor: Dave Beckering) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-008 Bill 11497 An Ordinance Authorizing a Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime for the Water Division in an Amount Not to Exceed $350,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-009 Bill 11498 An Ordinance Authorizing a Contract Amendment with Aerotek, Inc. to Provide One Temporary Construction Inspector and One Temporary Project Manager for the Public Works Department in an Amount Not to Exceed $70,000 for a Total Amount Not to Exceed $232,880 (Sponsor: Dave Beckering) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-010 Bill 11499 An Ordinance Authorizing Acceptance of Public Improvements and Their Appurtenances at Talbridge Villages A and E (Sponsors: Laurie Feldman and Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-011  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ Bill 11500 An Ordinance Authorizing Contract Renewal Number 2 with IESI MO Champ Landfill, LLC, for Landfill Services for the City Sanitary Sewer Operation in an Amount Not to Exceed $275,000 (Sponsor: Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-012 Bill 11501 An Ordinance Authorizing Change Order Number 4 with C. Rallo Contracting Company, Inc. for the City Hall Parking Structure Renovation Project at No Cost Increase, for a Total Contract Not to Exceed $3,769,102.64 (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison. “Nay”: None Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-13 Bill 11502 An Ordinance Authorizing a Contract with Raineri Construction, LLC for Renovations and Addition to the St. Charles Convention & Visitors Bureau Building Located at 230 South Main Street in an Amount Not to Exceed $332,924.00 (Sponsor: Ron Stivison) A separate vote was taken on Council Bill 11502, with the following results: Passed “Aye”: Besselman, Feldman, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: Hanneke and Herrmann Absent: None Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-14 Bill 11503 An Ordinance Authorizing a Contract with R.V. Wagner, Inc., for Construction Services for the Fifth Street Gateway Project in an Amount Not to Exceed $7,716,419.01 (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Ron Stivison) Director Spurgeon provided an update regarding Mr. Dodd’s concerns regarding the removal of one of the two accesses into his business located on Fifth Street. It was reported a meeting was held with Mr. Dodd regarding acquisition of right-of-way and the access. It was agreed upon the two accesses will remain in the project with the granting of right-of-way to the City from Mr. Dodd.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ Councilmember Besselman voiced concerns regarding the timing for the lights on the traffic signal located at McDonough. Director Spurgeon reported Public Works will research this information and forward to City Council. A motion was made by TOM BESSELMAN to remove the traffic signal located at McDonough from the Fifth Street Gateway Project. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese and Besselman. “Nay”: Stivison, West, Beckering, Feldman, Hanneke, Herrmann, Ohmes and Ohms. “Absent”: None. Motion failed. Councilmember Besselman spoke in opposition to Council Bill 11503. A separate vote was taken on Council Bill 11503, with the following results: Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None Abstain: Besselman Approved by the Honorable Mayor on January 9, 2015, and is known as Ordinance 15-015 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11504 An Ordinance Authorizing an Intergovernmental Agreement Between St. Charles County and the City of St. Charles for Transmission to City of Copies of Recordings on County’s System-Wide Recorder of Recordings of City’s Radio Communications (Sponsor: Ron Stivison) Bill 11505 An Ordinance Amending Section 140.055 of the Code of Ordinances to Accept Credit and Debit Card Payment for Bills, Fees, Permits and Licenses and Other City Service Payments (Sponsor: Bridget Ohmes) Bill 11506 An Ordinance Rezoning to City Zoning District O-I (Office Institution District) from City Zoning District C-2 (General Business District) and R-1E (Single-Family Residential District) Approximately 5.21 Acres of Land Located North of First Capitol Drive, just west of the Kingshighway Street and First Capitol Drive Intersection (Sponsor: Ron Stivison) Bill 11507 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of General Obligation Refunding Bonds, Series 2015, of the City of St. Charles, Missouri;  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ Prescribing the Form and Details of the Bonds; Providing for the Levy and Collection of an Annual Tax for the Purpose of Paying the Principal of and Interest on the Bonds as they Become Due; and Authorizing Certain other Documents and Actions in Connection Therewith (Sponsor: Dave Beckering) Bill 11508 An Ordinance Authorizing a Contract with Krupp Construction for Construction Services for the Boschertown Road Median Narrowing Project in an Amount Not to Exceed $117,771.55 (Sponsors: Rod Herrmann and Mary Ann Ohms) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Distribution of the Department of Public Works 2014-2015 Snow & Ice Control Policy Assistant Director of Public Work John Zimmerman and Street Division Superintendent Daryl Hampel provided a PowerPoint presentation on the 2014-2015 Snow & Ice Control Policy. Councilmember Ohmes requested Public Works consider making two passes around the smaller cul-de-sacs. Councilmember Feldman reported the same four snow removal issues and concerns are presented to her every year. The four items are: 1) why haven’t the plows arrived on our streets yet 2) why aren’t the streets cleared curb to curb 3) do the snow removal contractors know how to remove snow in the cul-de-sacs and 4) what is the snow removal rotation schedule. Councilmember Feldman requested the rotation schedule be sent to her and she’ll insert this information on her city councilmember webpage. Council President Beckering thanked Mr. Zimmerman and Mr. Hampel for the information and their presentation. Mr. Beckering encouraged residents with driveways to park in their driveways during a snow and/or ice event. This will make the removal of snow and/or ice easier and safer for everyone. File #48299 Discussion and Consideration of Ameristar Tax Funds *This item addressed earlier in the meeting. CONSENT AGENDA A motion was made by LAURIE FELDMAN to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, and Feldman. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of December 9, 2014 File #48119 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of December 9, 2014 i. Consensus of the Street Committee Members staff to organize pre-construction meetings with the Police and Fire Departments ii. Motion to conduct a multi-way stop and/or a traffic calming study at the intersection of Hill Ridge Court and Summitview Drive (motion failed) iii. Motion to study the installation of all-way stop control at the intersection of Hemsath Road and Tuscany Trace Drive in addition immediate installation of a solar powered border lit, LED blinker “Intersection Ahead” sign iv. Motion to expand the SCAT bus system and add New Town to the Orange Route (motion failed) C. Receipt of Reports from Boards, Commissions, or Committees 1. Park & Recreation Board Meeting of September 17, 2014 File #48156 2. Board of Public Works Meeting of October 13, 2014 File #48157 3. Human Relations Commission Meeting of October 2, 2014 File #48150 4. Special Business District Advisory Board Meeting of October 2, 2014 File #48127 5. Landmarks Board Meeting of November 17, 2014 File #48129 6. Planning and Zoning Commission Meeting of October 27, 2014 File #48155 D. Receipt of Reports of the Director of Administration 1. Authorization to fill Vacant Position in Fire Department (non- VRIP) File #48301 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Seals Enterprises, Inc. for substantial renovation costs to a residential property located at 919 North Fifth Street in an amount not to exceed $56,529.87. Project funded through a  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ grant from the U.S. Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program C15-013 2. Contract with Gerstner Electric Inc. for Annual Street Light Maintenance and Repair in an amount not to exceed $80,000.00 C15-014 3. Contract Amendment No. 1 with CDG Engineers Inc. for Additional Funding for Revision, Bid Assistance and Construction Phase Services in an amount not to exceed $20,846.54, which amends the contract to $50,346.54 C14-526 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 (City Clerk) File #48302 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 Senior Citizen Advisory Commission will be meeting on the 2nd Tuesday of each month as opposed to the 3rd Tuesday of each month. Councilmember Jerry Reese announced a meeting will be held on Friday, January 9th at 1:30 p.m. at City Hall in conference room A to review and discuss the 2014 expenditures for the Foundry Art Center. CLOSED SESSION A roll call vote was taken to convene into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and hiring, firing, disciplining or promotion of particular employees by a public governmental body when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3); with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 6, 2015 ______________________________________________________________________________ The open portion of the Regular Council Meeting was adjourned at 8:11 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer