City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, January 20, 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, John Hanneke, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Jerry Reese, Ron Stivison and Mary West. Absent: Laurie Feldman. 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. A motion was made by ROD HERRMANN to excuse the absence of Councilmember Laurie Feldman. BRIDGET OHMES seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS There were no public hearings. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Martin Luther King, Jr. Dream Project Art Contest Awards Councilmember Bridget Ohmes recognized the recipients of the 3rd Annual Martin Luther King, Jr. “I have a Dream” Art Contest and presented award to the students. Councilmember Ohmes thanked all Members of the Human Relations Commission and Melissa Whitman, Exhibitions Manger with the Foundry Art Centre for their time and efforts with the contest. Councilmember Ohmes announced the Human Relations Commission in the City of St. Charles was recently selected as the Local Human Rights Commission of the Year for 2014, in the State of Missouri. The awarding of this honor took place during the Third Annual Human Rights Conference, hosted by the Missouri Department of Labor and Industrial Relations through the Department’s Commission on Human Rights, held on December 5, 2014, in Jefferson City. Councilmember Ohmes presented the City of St. Charles Human Relations Commission’s Person of the Year Award to the Honorable Judge Dan Pelikan. Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments: BOARD OF PUBLIC WORKS Appointment of Hyatt Bangert to fill a three-year term ending in June, 2016 STRATEGIC PLAN COMMITTEE Appointment of Harold Burkemper to a two-year term ending in November, 2016 Appointment of Kris Weidenbenner to a two-year term ending in November, 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering. “Nay”: None. Absent: Feldman. Motion passed. File #48304 Written and/or Verbal Messages from the Mayor Mayor Faith introduced Pat Holt of the Pat Holt Singers. Ms. Holt thanked the City of St. Charles for a recent grant the Pat Holt Singers were given by the Arts & Culture Commission. The grant funds were utilized by the Singers for a trip to Washington D.C. to perform. Ms. Holt further reported the Singers were invited to perform a private concert for President Obama and the First Lady. Mayor Faith announced future events taking place in St. Charles. For more information on any events or other happenings, visit www.historicstcharles.com. Mayor Faith announced she was the recipient of the “Beloved Community Builder” award during the Martin Luther King, Jr. event at the Church of Latter Day Saints last evening. The award was presented by the Ministers Alliance. PUBLIC COMMENT There were no public comments. RESOLUTIONS A. A Resolution Declaring One (1) 2004 CASE 624 DXR Wheel Loader Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trade-In (Sponsor: Rod Herrmann) Director of Administration Michael Spurgeon reported Councilmember Besselman has made inquiries regarding agenda item 6.A. A Resolution declaring one (1) 2004 CASE 624 DXR Wheel Loader assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trade-In and consent agenda item 10.E.2. Contract with Erb Equipment Company, Inc. for the purchase of one (1) 2015 John Deere 524K wheel loader in an amount not to exceed $81,968.00. Director Spurgeon recommended both agenda items be withdrawn from Council consideration. A motion was made by Sponsor ROD HERRMANN to withdraw agenda item 6.A. A Resolution Declaring One (1) 2004 CASE 624 DXR Wheel Loader Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trade-In. RON STIVISON seconded the motion. All voted in favor, motion passed. B. A Resolution Authorizing Submittal of Applications with East West Gateway Council of Governments for Grants under the FY 2016-2019 STP (Surface Transportation Program) and FY 2016-2017 CMAQ (Congestion Mitigation Air Quality) Program (Sponsors: Ron Stivison, Bridget Ohmes, Mary Ann Ohms,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ John Hanneke and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 23, 2015 and is known as Resolution R15-003 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 23, 2015 and is known as Ordinance 15-016 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 23, 2015 and is known as Ordinance 15-017 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 23, 2015 and is known as Ordinance 15-018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ 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; 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 20, 2015 and is known as Ordinance 15-019 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) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on January 23, 2015 and is known as Ordinance 15-020 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11509 An Ordinance Authorizing a Contract with Don Brown Chevrolet, Inc. for the Purchase of Seven (7) 2015 Chevrolet Tahoe Police Pursuit Vehicles in an Amount Not to Exceed $212,142.00 (Sponsors: Jerry Reese, Ron Stivison and Laurie Feldman) Bill 11510 An Ordinance Authorizing a Contract with HD Supply Waterworks, LTD for the Purchase of Miscellaneous Water Supplies Used by the Water Division in an Amount Not to Exceed $122,040.00 (Sponsor: Rod Herrmann) Bill 11511 An Ordinance Authorizing an Interlocal Agreement with Region VIII Education Service Center to Provide Competitively Bid Cooperative Purchasing Services to the City of St. Charles Through a Program Known as The Interlocal Purchasing System (TIPS) Program (Sponsors: Laurie Feldman and Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ Bill 11512 An Ordinance Amending Code of Ordinances Section 145.240 Regarding Procurement of Professional Architectural, Engineering and Land Surveying Services (Sponsor: Ron Stivison) Director of Public Works Jerry Hurlbert provided an overview of the proposed amending legislation. Director of Administration Michael Spurgeon requested the City Council to contact his office with any questions prior to second reading of Council Bill 11512 on February 3, 2015. Bill 11513 An Ordinance Amending Section 500.040 and 500.050 to Adopt the 2015 Edition of the International Building Code; Amending Section 500.070 and 500.080 to Adopt the 2015 Edition of the International Residential Code for One- and Two-Family Dwellings; Amending Section 500.090 and 500.100 to Adopt the 2015 Edition of the International Energy Conservation Code; Amending Section 500.110 and 500.120 to Adopt the 2015 Edition of the International Property Maintenance Code; Amending Section 500.130 and 500.140 to Adopt the 2015 Edition of the International Existing Building Code; Amending Section 500.150 and 500.160 to Adopt the 2015 Edition of the International Mechanical Code; Amending Section 500.170 and 500.180 to Adopt the 2015 Edition of the International Fuel Gas Code; Amending Section 500.190 and 500.200 to Adopt the 2014 Edition of the National Electrical Code; Amending Section 500.240 and 500.250 to Adopt the 2015 Edition of the International Plumbing Code; and Enacting a New Article Containing Two New Sections, To Be Known As Sections 500.276 and 500.277, that Adopt the 2015 International Swimming Pool and Spa Code, to Make Local Amendments Thereto; and to Provide and Effective Date Thereof (Sponsor: Dave Beckering) Council President Beckering announced the past concerns regarding sprinkler systems in residential buildings have been rectified. Bill 11514 An Ordinance Amending Sections 205.060 and 205.070 of the Code of Ordinances of the City of Saint Charles Missouri, to Adopt the International Fire Code, 2015 Edition (Sponsor: Dave Beckering) Bill 11515 An Ordinance Authorizing a Contract with St. Charles County to Receive Funding from the St. Charles County Transportation Sales Tax Funds for Traffic Flow Improvements on Droste Road (Sponsors: Ron Stivison, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms and John Hanneke) Bill 11516 An Ordinance Approving a First Amendment to the Development Agreement for Charlestowne Crossing; Authorizing and Approving a Development Finance Agreement for Phase IV of The New Town at St. Charles Neighborhood Improvement District; and,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ in Connection Therewith, Authorizing and Directing the Recording of Notice of Establishment of a Neighborhood Improvement District, Pursuant to Section 67.457.7 the Neighborhood Improvement District Act (Sponsor: Dave Beckering) Bill 11517 An Ordinance Ordering That Assessments Be Made Against Benefited Properties Situated Within a Portion of The New Town at St. Charles Neighborhood Improvement District Based Upon Estimated Costs of Certain Improvements; Ordering Preparation of an Assessment Roll; and Calling for a Public Hearing and Providing Direction for the Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act (Sponsor: Dave Beckering) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Carry Over of the Council Directives Account and Council Expense Accounts City Clerk Laura Whitehead informed the Council the recommendation presented by Council President Beckering includes transferring up to $2,500 out of the 2014 Councilmember’s Expense Accounts into the 2015 Budget; amounts in excess of $2,500 in any 2014 Council Expense Account be transferred into the Council Directives Account in the 2015 Budget; and that all funds in the 2014 Council Directives Account be transferred into the Council Directives Account in the 2015 Budget. A motion was made by JERRY REESE to approve Council President’s recommendations as presented to the full Council. MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke, and Herrmann. “Nay”: None. Absent: Feldman. Motion passed. File #48305 Appointment to Board of Adjustment A motion was made by RON STIVISON to approve the re-appointment of Nancy Corbin to a five-year term ending December, 2020. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: Feldman. Motion passed. File #48306 Discussion Relative to the vacated Boys and Girls Club located at 1400 Olive Street Councilmember Reese reported he visited the vacated building and believes there are safety issues and code violations with the building. Discussion was held relative to demolishing the vacated building. After further discussion it was the consensus of the Council that Administration work in collaboration with the Parks Department to outline the specs needed to demolish the building and in preparing an RFP. It was also the consensus once the building has been demolished, the land be used for parking. File #48307  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ CONSENT AGENDA A motion was made by JERRY REESE to withdraw agenda item 10.E.2. Contract with Erb Equipment Company, Inc., for the purchase of one (1) 2015 John Deere 524K wheel loader in an amount not to exceed $81,968.00. ROD HERRMANN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman. “Nay”: None. Absent: Feldman. Motion passed. A motion was made by MARY ANN OHMS to approve the balance of the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: Feldman. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of December 16, 2014 2. Regular Council Meeting of January 6, 2015 3. Public Hearing of January 6, 2015 File #48308 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of December 9, 2014 b. Technology Committee Meeting of January 6, 2015 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of December 9, 2014 b. Technology Committee Meeting of January 6, 2015 C. Receipt of Reports from Boards, Commissions, or Committees 1. Senior Citizen Advisory Commission Meeting of October 14, 2014 File #48194 2. Special Business District Advisory Board Meeting of November 6, 2014 File #48127 3. Convention Center Oversight Subcommittee Meeting of October 6, 2014 File #48147 4. Board of Adjustment Meeting of December 1, 2014 File #48218 5. Park & Recreation Board Meeting of November 19, 2014 File #48156 6. Board of Public Works Meeting of November 3, 2014 File #48157 7. Planning and Zoning Commission Meeting of November 24, 2014 File #48155  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration 1. Notification of Towing Service Providers for 2015 File #48310 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with World Wide Technology, Inc. for the scheduled replacement of seventy (70) Dell OptiPlex 7020 desktop computers, twenty (20) Latitude 5000 laptop computers and three (3) CF-31 Panasonic toughbooks and hard drives in an amount not to exceed $89,094.23 C15-044 2. Contract with Erb Equipment Company, Inc., for the purchase of one (1) 2015 John Deere 524K wheel loader in an amount not to exceed $81,968.00 ITEM WITHDRAWN FROM COUNCIL CONSIDERATION File #48314 F. Preliminary Plats 1. Lindenwood University Addition Subdivision File #48311 G. Miscellaneous 1. Municipal Court Report, November 2014 File #48137 Director of Administration Michael Spurgeon provided an update on the following items: water main breaks, new public works facility construction project, and the Citizens Police Academy class. Director Spurgeon thanked everyone involved with these items for their efforts. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Bridget Ohmes announced the St. Charles County Municipal League meeting will be held on Thursday, January 29th at 6:30 p.m. Councilmember Jerry Reese announced the City of St. Charles in collaboration with the City of St. Charles School District has started a new vocational education program. Students from St. Charles High and St. Charles West High will be assigned to Community Development, Public Works and the City Clerk’s Office to provide administrative services. Councilmember Reese thanked everyone involved with implementing this program for their efforts. 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); with the following results: “Aye”: Stivison, West,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 20, 2015 ______________________________________________________________________________ Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms, and Reese. “Nay”: None. Absent: Feldman. Motion passed. The open portion of the Regular Council Meeting was adjourned at 8:07 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer