City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, March 3, 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, Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Mary West. Absent: Jerry Reese. 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 LAURIE FELDMAN to excuse the absence of Councilmember Jerry Reese. RON STIVISON seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS The President of the Council Dave Beckering announced that the following Public Hearings would now be held. At the conclusion of the Public Hearings, the Regular Session continued with the order of business: A. Case No. CU-2015-1. (Farnsworth Group – Jeff Brocco) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an In-Vehicle Sales or Service use within the C-2 General Business District, specifically to install a new drive-thru ATM adjacent to the existing gas station at 3750 New Town Boulevard. The subject property is 1.5 acres and is located in Ward 8 (RCA Attached) B. Case No. CU-2015-2. (Susan Schreckengost) An application for a Conditional Use Permit from §400.230(C)(1)(a) for a pet grooming business within the C-3 Highway Business District, specifically to occupy an 800 sq. ft. tenant space in the existing First Capitol Business Center at 2269 First Capitol Drive. The subject property is 0.58 acres and is located in Ward 2 (RCA Attached) C. Case No. CU-2015-3. (Steve Keitel). An application for a Conditional Use Permit from §400.480(C) for Temporary Retail Sales within the I-2 Heavy Industrial District, specifically to sell produce, Christmas trees and flowers on a seasonal basis at 3156 Elm Point Industrial Drive (Doozle’s Custard). This is a renewal request. The subject property is 1.00 acre and is located in Ward 8 (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments: CEMETERY ADVISORY COMMITTEE: Re-Appointment of Jeaneanne Niggermeier to a three-year term ending in March, 2018 Re-Appointment of Nancy Paul to a three-year term ending in March, 2018.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ SENIOR CITIZEN ADVISORY COMMISSION: Appointment of Sandy Bohler to fill a three-year term ending in February, 2017. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: Reese. Motion passed. File #48304 Written and/or Verbal Messages from the Mayor Mayor Faith announced the Discovery Expedition of St. Charles (DESC) will have the honor of showcasing their fleet of replica boats an upcoming HBO miniseries Lewis & Clark. Mayor Faith announced upcoming events taking place in St. Charles. For more information on the upcoming events, visit www.historicstcharles.com. PUBLIC COMMENT A.J. Moll, 1531 Wood Royal West, Chesterfield, Missouri, voiced concerns relative to Council Bill 11543 being introduced at tonight’s meeting. Denise Menckowski, 1032 Country Club, St. Charles, Missouri, voiced concerns relative to Council Bill 11543 being introduced at tonight’s meeting. Jim Buchanan, 4875 Mexico Road, St. Peters, Missouri, voiced concerns relative to Council Bill 11543 being introduced at tonight’s meeting. Brian Matthews, 42 Plum Tree Drive, St. Peters, Missouri, voiced concerns relative to Council Bill 11543 being introduced at tonight’s meeting. RESOLUTIONS A Resolution Declaring Certain Fire Department Equipment Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsor: Dave Beckering) Passed “Aye”: Ohmes, Ohms, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Herrmann “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Resolution R15-010 A Resolution Declaring One (1) RD4000 TX Utility Locating Equipment Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trade-In (Sponsor: Dave Beckering) Passed “Aye”: Ohms, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Resolution R15-011 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 3, 2015 and is known as Ordinance 15-042 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-043 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-044 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) Councilmember Tom Besselman requested a separate vote on Council Bill 11537. Passed “Aye”: Stivison, West, Beckering, Feldman, Hanneke, Herrmann, Ohmes and Ohms  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ “Nay”: None Abstain: Besselman File #48324 Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-045 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-046 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-047 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) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on March 5, 2015 and is known as Ordinance 15-048  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11541 An Ordinance Vacating a 0.5 Foot Wide Portion of an Existing 3-Foot Wide Rear Yard Utility Easement Located on Lot 1804 of the New Town at St. Charles Plat One-A-3, Addressed as 3228 Reed Crossing (Sponsor: Rod Herrmann) Bill 11542 An Ordinance Authorizing Change Order Number 3 to the Contract with Wright Construction Services, Inc. for Construction of the Salt Storage Structure for the Public Works Facility Structure Project in an Amount of $480,244.00, for a Total Amount Not to Exceed $7,715,165.88 (Sponsors: Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Tom Besselman) Bill 11543 An Ordinance Amending Section 260.030 of the Code of Ordinances of the City of St. Charles Relative to Smoking by Expanding the Definition of Smoking to Include Smoking Products, Equipment or Apparatus Involving Tobacco, Other Plant Material or Nicotine (Sponsors: Dave Beckering and Mary West) Council President Beckering requested Director Evans provide an overview of Council Bill 11543. Director Evans reported this bill will amend the definition of smoking in the city’s smoking sign ordinance to included e-cigarettes. The definition currently does not include e- cigarette and the ordinance does not now apply to that type of smoking device. If this bill is approved, public places that post a smoking prohibited sign cannot allow the use of e-cigarettes. Conversely, public places that post a smoking permitted sign must allow e-cigarettes. Bill 11544 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Nine, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11545 An Ordinance Authorizing a Cooperative Agreement with The Lions Club of St. Charles, Missouri for the Operation of the Farmers Market During the Summer of 2015 (Sponsor: Mary Ann Ohms) Bill 11546 An Ordinance Authorizing a Cost Sharing Cooperation Agreement between the City of St. Charles and Warwick Downs Home Owners Association for Construction Services in an Amount Not to Exceed $13,000 (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ Bill 11547 An Ordinance Authorizing a Transportation Alternatives Funds Program Agreement with the Missouri Highways and Transportation Commission to Provide Federal Funding for the First Capitol Enhancement Project (Sponsors: Ron Stivison, Rod Herrmann, John Hanneke, Bridget Ohmes and Mary Ann Ohms) CONSENT AGENDA A motion was made by LAURIE FELDMAN to approve the consent agenda. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, and Stivison. “Nay”: None. Absent: Reese. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of February 17, 2015 2. Public Hearing of February 17, 2015 File #48336 3. Special City Council Meeting of February 23, 2015 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed Session) of February 10, 2015 File #48320 b. Council Work Session of February 10, 2015 File #48320 c. Street Committee Meeting of February 10, 2015 File #48337 d. Charter Review Committee Meeting of February 17, 2015 File #48338 e. Technology Committee Meeting of February 17, 2015 File #48309 f. Public Works Facility Task Force Meeting of February 17, 2015 File #48339 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of February 10, 2015 (none) b. Council Work Session of February 10, 2015 i. Motion the City of Saint Charles will initiate a text amendment to the zoning ordinance ii. Consensus of the City Council staff move forward with Option A as presented c. Street Committee Meeting of February 10, 2015 i. Motion to move forward with legislation establishing a  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ seasonal (while school is in session) no parking zone on the south side of Perry Street from the western curb line of 6th Street west 200 feet d. Charter Review Committee Meeting of February 17, 2015 i. Consensus the following technical amendments be made to comply with Missouri Law: A. Sec. 9.1(a): Municipal Election Day; change from first Tuesday in April to the first Tuesday after the first Monday in April – City Attorney, Mike Valenti provided an explanation, stating that this change is being proposed to achieve consistency with Missouri State Law B. Sec. 9.4(b): Amendments due to timing of election result certification – City Attorney, Mike Valenti provided an explanation, stating that the Charter’s current requirement, asking the City to certify election results during the first Council Meeting following the election, is not always possible. This proposed amendment will require the City to certify election results during the first Council Meeting following the Election Authority’s official certification of results C. Municipal Court, Sec. 6.2: Conformity with state law when judge is absent, unable to act or vacant. See Section 479.230 RSMo. – City Attorney, Mike Valenti provided an explanation, stating that a procedural change, shifting responsibility from the Mayor to the Circuit Court, is being proposed in an effort to resolve an inconsistency with Missouri State Law e. Technology Committee Meeting of February 17, 2015 (none) f. Public Works Facility Task Force Meeting of February 17, 2015 i. Consensus that discussion relative to the Public Works Facility build-out, off site city fiber network extension options, utilization of Sanitary Sewer and Waterworks Enterprise Funds, potential impacts of utilization of Sanitary Sewer and Waterworks Enterprise Funds and authorizing Public Works to negotiate contract change orders with Wright Construction Services and H Design Group be held at the March 10, 2015 Council Work Session ii. Consensus to authorize Public Works to bring forward the change order documentation to the full City Council  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ at the next regular City Council meeting on March 3, 2015 C. Receipt of Reports from Boards, Commissions, or Committees 1. Park and Recreation Board Work Session of February 4, 2015 File #48321 2. Park and Recreation Board Meeting of January 21, 2015 File #48321 3. Special Business District Advisory Board Meeting of January 8, 2015 File #48340 4. Economic Development Commission Meeting of January 8, 2015 File #48341 5. Arts and Culture Commission Meeting of December 2, 2014 File #48174 6. Arts and Culture Commission Meeting of March 31, 2014 File #48174 7. Housing Authority Meeting of January 13, 2015 File #48342 8. Landmarks Board Meeting of January 12, 2015 File #48343 9. Digital Media Commission Meeting of October 1, 2014 File #48265 D. Receipt of Reports of the Director of Administration 1. Request to Fill Vacant Position in Public Works Department File #48344 2. Notification that staff has selected Cole and Associates as the consulting firm most qualified to provide engineering services on the Droste Road Reconstruction Project File #48345 3. Request to Fill Vacant Position in Police Department File #48346 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Addendum to Contract C09-698 with New World Systems Corporation for Annual Software Maintenance for the Software Modules in an amount not to exceed $99,542.00 C09-698 2. Right of Way and Easement Acquisition Agreement, General Warranty Deed, Permanent Sidewalk and Utility Easement and Temporary Construction Easement with Construction and General Laborers' Local 660 for the purchase of Right of Way and Easements  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ needed for the West Clay Street Reconstruction Project in the amount of $30,515.00 C15-038 F. Preliminary Plats 1. VMP Subdivision File #48347 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 (Finance Department) File #48302 2. 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 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Laurie Feldman announced WITS will continue its recycling program starting in April. TABLED BILLS No action was taken on the following 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 3, 2015 ______________________________________________________________________________ City of Saint Charles Missouri, to Adopt the International Fire Code, 2015 Edition (Sponsor: Dave Beckering) APPROVAL OF CLOSED MINUTES A motion was made by BRIDGET OHMES to approve the following closed session minutes: A. Work Session of the City Council on Tuesday, February 10, 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 sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:30 p.m. RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Stivison and West. “Nay”: None. Absent: Reese. Motion passed. The Regular Council Meeting was adjourned at 7:34 p.m. ________________________________ Date Approve ________________________________ _______________________________ City Clerk Dave Beckering, Presiding Officer