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City Council

Regular Meeting

St. Charles, MO · February 17, 2015

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Minutes

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, February 17, 2015 at 7:03 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, 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 # 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 The President of the Council Dave Beckering announced that the following Public Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Public Hearing to Consider Proposed Phase Four Improvement and Proposed Assessments in Conjunction with Phase Four-Charlestowne Crossing of the New Town at St. Charles Neighborhood Improvement District (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation by St. Charles School District Relative to the City of St. Charles and St. Charles School District Vocational Education Program Mayor Sally A. Faith introduced Peggy Shelton, Darcell Fleeman and Ruth Guthey from the St. Charles School District. Ms. Fleeman provided a PowerPoint presentation relative to the Program and invited each of the Councilmembers to stop by City Hall between 8:00 a.m. – 10:00 a.m., Monday thru Friday to visit the students. Councilmember Jerry Reese thanked the School District staff and City staff for their dedication and hard work with implementing this program. Councilmember Laurie Feldman suggested to Ms. Fleeman this Program be presented to the Special Education Board; as well as, City staff submitting this Program to the Missouri Municipal League (MML) for this year’s Innovation Award. Appointments to Boards/Commissions/Committees A motion was made by LAURIE FELDMAN to approve the following appointments: FAIR HOUSING Appointment of Jeanette Koechner to fill a three-year term ending in June, 2016 SENIOR CITIZEN ADVISORY COMMISSION Re-Appointment of Jim Rau to a three-year term ending in February, 2018 Re-Appointment of Harry LeBlanc to a three-year term ending in February, 2018 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Re-Appointment of Dr. J. Bruce Melton to a three-year term ending in February, 2018 Re-Appointment of Phyllis O’Laughlin to a three-year term ending in February, 2018 SPECIAL BUSINESS DISTRICT ADVISORY BOARD Re-Appointment of Randy Schilling to a three-year term ending in November, 2017 STRATEGIC PLAN COMMITTEE Appointment of Judy Peters to a two-year term ending in November, 2016 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. File #48304 Written and/or Verbal Messages from the Mayor Mayor Faith thanked Public Works for their efforts with the snow removal operations this past Monday. Mayor Faith announced upcoming events. For more information, visit www.historicstcharles.com. Councilmember West requested an update relative to the demolition of the old Boys and Girls Club building. Director of Park and Recreation Maralee Britton provided the City Council with the update. Council President Beckering recognized two Boys Scouts from Troop 351. PUBLIC COMMENT There were no public comments. RESOLUTIONS A. A Resolution Dedicating Real Property, Known as The Boys and Girls Club, Located at 1211 Lindenwood Avenue to the St. Charles Parks and Recreation Board for its Development, Care and Maintenance (Sponsors: Laurie Feldman and 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 February 18, 2015 and is known as Resolution R15-09 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 11518 An Ordinance Authorizing Amendments to the Contracts with St. Charles Senior Center, Inc., and Mid-East Area on Aging for the St. Charles Senior (O’Dell) Center to Adopt an Information Technology Policy (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-028 Bill 11519 An Ordinance Amending Ordinance Number 14-264 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2015 (Budget Amendment #1) (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 February 18, 2015 and is known as Ordinance 15-029 Bill 11520 An Ordinance Amending Ordinance Number 14-264 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2015 (Budget Amendment #2) (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-030 Bill 11521 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and REJIS Commission to Provide 2015 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $46,976.12 (Sponsors: Ron Stivison and Laurie Feldman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-031 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Bill 11522 An Ordinance Authorizing Contract Amendment Number 2 to the Three-Year Contract (Years 2013, 2014, 2015) with Melrose Pyrotechnics, Inc. for Providing One (1) Additional Fireworks Display on July 3, 2015 in an Amount of $34,500.00, for a Total Contract Amount Not to Exceed $206,850.00 (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-032 Bill 11523 An Ordinance Ordering that Certain Improvements Within and Benefitting the Phase Four Area of The New Town at St. Charles Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Dave Beckering) Councilmember Rod Herrmann requested a separate vote on Council Bill 11523. Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: Herrmann Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-033 Bill 11524 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Music on Main 2015 Event; Authorizing an Agreement with the Historic Downtown Business Association for the Purpose of Conducting the Music on Main Special Event from May Through September 2015, Which Shall Include the Placing of Booths on a Portion of the Main Street Sidewalk for the Dispensing of Alcoholic Beverages and Sale of Food to the Public, and the Providing of Live Entertainment (Sponsors: Mary Ann Ohms and Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-034 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Bill 11525 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2015 Events of Sunday Fundays and the Mosaics Festival (Sponsors: Mary Ann Ohms and Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-035 Bill 11526 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion of Madonna Drive at the Intersection of West Randolph Street (Sponsors: John Hanneke, Bridget Ohmes, Mary Ann Ohms, Rod Herrmann and Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-036 Bill 11527 An Ordinance Approving an Amendment to the Regulating Plan Transect Zone Map for a .36 Acre Portion of the New Town at St. Charles, Known As Lot 2401-M-1, by Amending from the T6 Urban Core Zone to the T5 Urban Center Transect Zone (Sponsor: Dave Beckering) Councilmember Rod Herrmann requested a separate vote on Council Bill 11527. Failed “Aye”: Beckering “Nay”: Ohms, Reese, Stivison, West, Besselman, Feldman, Hanneke, Herrmann and Ohmes Absent: None File #48325 Bill 11528 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-M-1- A, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Dave Beckering) Councilmember Rod Herrmann requested a separate vote on Council Bill 11528. Failed “Aye”: Reese, Stivison, West, Beckering and Feldman “Nay”: Besselman, Hanneke, Herrmann, Ohmes and Ohms Absent: None File #48326 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Bill 11529 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-G-1, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Councilmember Tom Besselman requested a separate vote on Council Bill 11529. Passed “Aye”: Stivison, West, Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: Besselman Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-037 Bill 11530 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.240(C) to Allow Fertilizer Storage as a Conditional Use in the “I-1” Light Industrial District (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-038 Bill 11531 An Ordinance Amending Section 400.050 of the Code of Ordinances by Adding a Definition for Temporary Enclosure and Amending Section 400.210 of the Code of Ordinances by Adding Temporary Enclosures as a Conditional Use in the C-1 Neighborhood Business District (Sponsors: Dave Beckering and Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-040 Bill 11532 An Ordinance Rezoning to Zoning District O-I (Office Institution District) from Zoning District I-1 (Light Industrial District) and R-1D (Single-Family Residential District) Approximately 10.25 Acres of Land Located West of Harry S Truman Boulevard, East of Foxborough Estates Subdivision and North of Ehlmann Road (Sponsor: Jerry Reese) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-039 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Bill 11533 An Ordinance Authorizing Amendment Number 2 to the Foundry Art Centre Parking Lot Lease (Sponsors: Jerry Reese, Mary Ann Ohms and Mary West) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2015 and is known as Ordinance 15-041 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11534 An Ordinance to “Opt-In” for the State Show Me Green Sales Tax Holiday from April 19 through April 25, 2015 (Sponsors: Laurie Feldman, Mary West and Jerry Reese) Bill 11535 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Honduran Street Party Run at the Streets of St. Charles on Saturday, March 28, 2015 (Sponsor: Laurie Feldman) Bill 11536 An Ordinance Authorizing a Contract with Eastern Missouri Concrete, LLC for Ready- Mix Concrete Supply Services for the Street Division for Fiscal Year 2015 in an Amount Not to Exceed $115,000.00 (Sponsor: Rod Herrmann) Bill 11537 An Ordinance Authorizing a Contract with E. Meier Contracting, Inc. for Concrete Pavement and Sidewalk Repairs in an Amount not to Exceed $120,000.00 (Sponsor: Rod Herrmann) Bill 11538 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion on the South Side of Perry Street (Sponsors: Ron Stivison, John Hanneke, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Bill 11539 An Ordinance Authorizing the Acceptance of Three (3) Gas Lights and Their Appurtenances Located in Front of the Townhouses at 1208, 1218 and 1226 South Main in Water Works Place (Sponsor: Tom Besselman) RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ Bill 11540 An Ordinance Authorizing the Sale of Real Property Located at 240 Diekamp Lane to Habitat for Humanity of St. Charles County and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Amendment to Council Rule 23 (referred by Councilmember Tom Besselman) Councilmember Feldman, Councilmember West and Councilmember Reese spoke in favor of the proposed amendment. Council President Beckering voiced concerns relative to the proposed amendment. Discussion ensued relative to amending the proposed amendment to allow Councilmembers the opportunity to speak once at the Street Committee meeting for 3 or 5 minutes. After further discussion, a motion was made by LAURIE FELDMAN to approve amending Council Rule 23 to read as follows: A Councilmember may speak at a Council Committee meeting regardless of whether the Councilmember is a member of the particular Council Committee. TOM BESSELMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Besselman, Feldman, Ohms and Reese. “Nay”: Beckering, Hanneke, Herrmann, Ohmes and Stivison. Absent: None. Motion failed. File #48327 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”: Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and West. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of February 3, 2015 2. Public Hearing of February 3, 2015 File #48328 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of February 3, 2015 File #48320 b. Technology Committee Meeting of February 3, 2015 File #48309 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of February 3, 2015 (none) b. Technology Committee Meeting of February 3, 2015 (none) RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Adjustment Meeting of January 5, 2015 File #48329 2. Senior Citizen Advisory Commission Meeting of November 18, 2014 File #48194 3. Fair Housing Commission Meeting of October 16, 2014 File #48195 4. Convention Center Oversight Subcommittee Meeting of December 8, 2014 File #48147 5. Citizens with Disabilities Advisory Board Meeting of January 28, 2015 File #48330 6. Veterans Commission Meeting of November 10, 2014 File #48193 7. Human Relations Commission Meeting of November 6, 2014 File #48150 8. Planning and Zoning Commission Meeting of December 22, 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 – January 2015 File #48331 2. Notification that Public Works and Finance Departments have selected Burns & McDonnell as the consulting firm most qualified to provide professional services for a Water and Wastewater Rate Study File #48332 3. Notification that staff has selected EFK Moen as the consulting firm most qualified to provide engineering services on the 94 Corridor Study Project Councilmember West inquired if Old Hwy 94 was included in this project. Director of Public Works Jerry Hurlbert reported parts of Old Hwy 94 are in the right-of-way. File #48333 Director of Administration Michael Spurgeon provided a brief overview on all of the reports presented to City Council for consideration. E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Asphaltic Maintenance and Construction, Inc. for Asphalt Pavement Repair Services in an amount not to exceed $75,000 C15-090 2. Contract with Schulte Supply, Inc. for the purchase of Neptune Water Meters in an amount not to exceed $83,800.00 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ C15-093 3. Right of Way and Easement Acquisition Agreement, General Warranty Deed, Permanent Sidewalk and Utility Easement and Temporary Construction Easement with Midwest Petroleum Company, a Missouri corporation, for the purchase of Right of Way and Easements needed for the West Clay Street Reconstruction Project in the amount of $34,162.00 C15-038 4. Contract with Experis US, Inc. for Temporary Employment Staffing Services for the IT Department in an amount not to exceed $94,000.02 Councilmember West inquired if positions are full-time; and if the vacant secretary’s position has been filled. Director of Administration Michael Spurgeon reported the positions are full- time; however, they will be contracted employees. Mr. Spurgeon also reported the vacant secretary’s position has been eliminated and therefore will not be filled. C15-091 Director of Administration provided a brief overview on all of the contracts presented for City Council’s consideration. 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 (Police Department) File #48302 2. January Investment Report File #48334 3. Letter agreement to extend the Agreement between Local #148, AFL- CIO, Operating Engineers and the City that expired on December 31, 2014 to April 30, 2015 C12-319 Ord. 12-104 Director of Administration Michael Spurgeon thanked the Public Works staff and Public Safety staff for all their efforts with the snow removal operations. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Mary West requested Director of Economic Development David Leezer to provide information relative to the Lindenwood University Ice House Entrepreneur Program. Mr. Leezer further reported the recipient of the St. Charles Employer of the Year Award will also receive a scholarship towards this Program. RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ TABLED BILLS No action was taken on tabled Council Bill 11513 and tabled Council Bill 11514. APPROVAL OF CLOSED MINUTES A motion was made by MARY ANN OHMS to approve the following closed session minutes: A. Regular City Council Meeting of the City Council on Tuesday, January 6, 2015, and following the required roll call vote in open session, the Council convened in 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) at 8:15 p.m. B. Joint meeting with the Board of the Saint Charles City R-VI School District on Tuesday, January 13, 2015, and following the required roll call vote in open session, the Council and the School Board convened in 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) at 8:00 p.m. C. Regular City Council Meeting of the City Council on Tuesday, January 20, 2015, and following the required roll call vote in open session, the Council convened in closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 8:10 p.m. D. Work Session of the City Council on Tuesday, February 3, 2015, and following the required roll call vote in open session, the Council convened in closed session 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); 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); and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9)at 6:30 p.m. E. Regular City Council Meeting of the City Council on Tuesday, February 3, 2015, and following the required roll call vote in open session, the Council convened in closed session 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); 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); and preparation, including any discussions or work product, on behalf of the Council RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 17, 2015 ______________________________________________________________________________ or its representatives for negotiations with employee groups (RSMo 610.021.9)at 8:00 p.m. RON STIVISON 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. 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”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman. “Nay”: None. Absent: None. Motion passed. The open portion of the Regular Council Meeting was adjourned at 8:16 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer

Agenda

AGENDA Regular Session of the City Council of the City of Saint Charles, Missouri Council Chambers – 4th Floor – City Hall – 200 North Second Street Tuesday, February 17, 2015 7:00 p.m. 1. ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PUBLIC HEARINGS A. Public Hearing to Consider Proposed Phase Four Improvement and Proposed Assessments in Conjunction with Phase Four-Charlestowne Crossing of the New Town at St. Charles Neighborhood Improvement District (RCA Attached) 4. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS A. Presentation by St. Charles School District Relative to the City of St. Charles and St. Charles School District Vocational Education Program (referred by Councilmember Jerry Reese) B. Appointments to Boards/Commissions/Committees C. Written and/or Verbal Messages from the Mayor 5. PUBLIC COMMENT A. Reading of Written Petitions, Memorials, and Remonstrances B. Public Comment Relative to Agenda Items C. Public Comment Relative to City Issues NOTE: To address the Council, please complete a speaker card and present to the City Clerk prior to the meeting. 6. RESOLUTIONS A. A Resolution Dedicating Real Property, Known as The Boys and Girls Club, Located at 1211 Lindenwood Avenue to the St. Charles Parks and Recreation Board for its Development, Care and Maintenance (Sponsors: Laurie Feldman and Rod Herrmann) 7. BILLS FOR FINAL PASSAGE Bill 11518 An Ordinance Authorizing Amendments to the Contracts with St. Charles Senior Center, Inc., and Mid-East Area on Aging for the St. Charles Senior (O’Dell) Center to Adopt an Information Technology Policy (Sponsor: Jerry Reese) Bill 11519 An Ordinance Amending Ordinance Number 14-264 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2015 (Budget Amendment #1) (Sponsor: Dave Beckering) 1 Bill 11520 An Ordinance Amending Ordinance Number 14-264 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2015 (Budget Amendment #2) (Sponsor: Rod Herrmann) Bill 11521 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and REJIS Commission to Provide 2015 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $46,976.12 (Sponsors: Ron Stivison and Laurie Feldman) Bill 11522 An Ordinance Authorizing Contract Amendment Number 2 to the Three-Year Contract (Years 2013, 2014, 2015) with Melrose Pyrotechnics, Inc. for Providing One (1) Additional Fireworks Display on July 3, 2015 in an Amount of $34,500.00, for a Total Contract Amount Not to Exceed $206,850.00 (Sponsor: Jerry Reese) Bill 11523 An Ordinance Ordering that Certain Improvements Within and Benefitting the Phase Four Area of The New Town at St. Charles Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Dave Beckering) Bill 11524 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Music on Main 2015 Event; Authorizing an Agreement with the Historic Downtown Business Association for the Purpose of Conducting the Music on Main Special Event from May Through September 2015, Which Shall Include the Placing of Booths on a Portion of the Main Street Sidewalk for the Dispensing of Alcoholic Beverages and Sale of Food to the Public, and the Providing of Live Entertainment (Sponsors: Mary Ann Ohms and Ron Stivison) Bill 11525 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2015 Events of Sunday Fundays and the Mosaics Festival (Sponsors: Mary Ann Ohms and Ron Stivison) Bill 11526 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion of Madonna Drive at the Intersection of West Randolph Street (Sponsors: John Hanneke, Bridget Ohmes, Mary Ann Ohms, Rod Herrmann and Ron Stivison) Bill 11527 An Ordinance Approving an Amendment to the Regulating Plan Transect Zone Map for a .36 Acre Portion of the New Town at St. Charles, Known As Lot 2401-M-1, by Amending 2 from the T6 Urban Core Zone to the T5 Urban Center Transect Zone (Sponsor: Dave Beckering) Bill 11528 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-M-1- A, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Dave Beckering) Bill 11529 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-G-1, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11530 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.240(C) to Allow Fertilizer Storage as a Conditional Use in the “I-1” Light Industrial District (Sponsor: Mary Ann Ohms) Bill 11531 An Ordinance Amending Section 400.050 of the Code of Ordinances by Adding a Definition for Temporary Enclosure and Amending Section 400.210 of the Code of Ordinances by Adding Temporary Enclosures as a Conditional Use in the C-1 Neighborhood Business District (Sponsors: Dave Beckering and Mary Ann Ohms) Bill 11532 An Ordinance Rezoning to Zoning District O-I (Office Institution District) from Zoning District I-1 (Light Industrial District) and R-1D (Single-Family Residential District) Approximately 10.25 Acres of Land Located West of Harry S Truman Boulevard, East of Foxborough Estates Subdivision and North of Ehlmann Road (Sponsor: Jerry Reese) Bill 11533 An Ordinance Authorizing Amendment Number 2 to the Foundry Art Centre Parking Lot Lease (Sponsors: Jerry Reese, Mary Ann Ohms and Mary West) 8. BILLS FOR INTRODUCTION Bill 11534 An Ordinance to “Opt-In” for the State Show Me Green Sales Tax Holiday from April 19 through April 25, 2015 (Sponsors: Laurie Feldman, Mary West and Jerry Reese) Bill 11535 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Honduran Street Party Run at the Streets of St. Charles on Saturday, March 28, 2015 (Sponsor: Laurie Feldman) 3 Bill 11536 An Ordinance Authorizing a Contract with Eastern Missouri Concrete, LLC for Ready- Mix Concrete Supply Services for the Street Division for Fiscal Year 2015 in an Amount Not to Exceed $115,000.00 (Sponsor: Rod Herrmann) Bill 11537 An Ordinance Authorizing a Contract with E. Meier Contracting, Inc. for Concrete Pavement and Sidewalk Repairs in an Amount not to Exceed $120,000.00 (Sponsor: Rod Herrmann) Bill 11538 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion on the South Side of Perry Street (Sponsors: Ron Stivison, John Hanneke, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Bill 11539 An Ordinance Authorizing the Acceptance of Three (3) Gas Lights and Their Appurtenances Located in Front of the Townhouses at 1208, 1218 and 1226 South Main in Water Works Place (Sponsor: Tom Besselman) Bill 11540 An Ordinance Authorizing the Sale of Real Property Located at 240 Diekamp Lane to Habitat for Humanity of St. Charles County and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) 9. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION A. Amendment to Council Rule 23 (referred by Councilmember Tom Besselman) 10. CONSENT AGENDA A. Approval of Council Minutes 1. Regular Council Meeting of February 3, 2015 2. Public Hearing of February 3, 2015 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of February 3, 2015 b. Technology Committee Meeting of February 3, 2015 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of February 3, 2015 (none) b. Technology Committee Meeting of February 3, 2015 (none) 4 C. Receipt of Reports from Boards, Commissions, or Committees 1. Board of Adjustment Meeting of January 5, 2015 2. Senior Citizen Advisory Commission Meeting of November 18, 2014 3. Fair Housing Commission Meeting of October 16, 2014 4. Convention Center Oversight Subcommittee Meeting of December 8, 2014 5. Citizens with Disabilities Advisory Board Meeting of January 28, 2015 6. Veterans Commission Meeting of November 10, 2014 7. Human Relations Commission Meeting of November 6, 2014 8. Planning and Zoning Commission Meeting of December 22, 2014 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – January 2015 2. Notification that Public Works and Finance Departments have selected Burns & McDonnell as the consulting firm most qualified to provide professional services for a Water and Wastewater Rate Study 3. Notification that staff has selected EFK Moen as the consulting firm most qualified to provide engineering services on the 94 Corridor Study Project E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Asphaltic Maintenance and Construction, Inc. for Asphalt Pavement Repair Services in an amount not to exceed $75,000 2. Contract with Schulte Supply, Inc. for the purchase of Neptune Water Meters in an amount not to exceed $83,800.00 3. Right of Way and Easement Acquisition Agreement, General Warranty Deed, Permanent Sidewalk and Utility Easement and Temporary Construction Easement with Midwest Petroleum Company, a Missouri corporation, for the purchase of Right of Way and Easements needed for the West Clay Street Reconstruction Project in the amount of $34,162.00 4. Contract with Experis US, Inc. for Temporary Employment Staffing Services for the IT Department in an amount not to exceed $94,000.02 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 (Police Department) 2. January Investment Report 3. Letter agreement to extend the Agreement between Local #148, AFL- CIO, Operating Engineers and the City that expired on December 31, 2014 to April 30, 2015 11. ITEMS REMOVED FROM CONSENT AGENDA 5 12. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS A. Update from Council Liaisons on Boards/Commissions/Committees B. Written and/or Verbal Messages from the Council Members 13. EMERGENCY ORDINANCES (none) 14. TABLED BILLS Bill 11513 (to be tabled until April 7, 2015, in accordance with 90 day requirement) 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) Bill 11514 (to be tabled until April 7, 2015, in accordance with 90 day requirement) 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) 15. APPROVAL OF CLOSED MINUTES A. Regular City Council Meeting of the City Council on Tuesday, January 6, 2015, and following the required roll call vote in open session, the Council convened in closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) and hiring, firing, disciplining or promotion of particual 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) at 8:15 p.m. B. Joint meeting with the Board of the Saint Charles City R-VI School District on Tuesday, January 13, 2015, and following the required roll call vote in open session, the Council and the School Board convened in 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) at 8:00 p.m. C. Regular City Council Meeting of the City Council on Tuesday, January 20, 2015, and following the required roll call vote in open session, the Council convened in closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 8:10 p.m. 6 D. Work Session of the City Council on Tuesday, February 3, 2015, and following the required roll call vote in open session, the Council convened in closed session 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); 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); and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9)at 6:30 p.m. E. Regular City Council Meeting of the City Council on Tuesday, February 3, 2015, and following the required roll call vote in open session, the Council convened in closed session 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); 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); and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9)at 8:00 p.m. 16. CLOSED SESSION, if requested, relative to: A. Legal actions, causes of action, or litigation (RSMo 610.021.1) B. Leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) C. 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) D. Preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) E. Sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) The City of St. Charles offers all interested citizens the opportunity to attend public meetings and comment on public matters. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of The City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949- 3282 or 636-949-3289 (TTY – for the hearing impaired). The City of St. Charles, Missouri, fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information, or to obtain a Title VI Complaint Form, please call the City Clerk’s Office at (636)949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. Posted: Friday, February 13, 2015, at 5:00 p.m. 7

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