City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, April 7, 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 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: Mayor Sally A. Faith. 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 Hearings would now be held. At the conclusion of the hearings, the Regular Session continued with the order of business: A. Case No. CU-2015-5. (E.G. Systems, Inc. – Melanie Vodnick) An application for a Conditional Use Permit from §400.240(C)(1)(g) for Fertilizer Storage within the I-1 Light Industrial District, specifically to occupy an existing structure for a fertilizer and lawn care business (Scotts Miracle-Gro Company) at 80 Walsh Court. The subject property is 2.25 acres and is located in Ward 8. (RCA Attached) B. Case No. CU-2015-6. (Cullinan Properties LLC). An application for a Conditional Use Permit from Section 2.3 of the Streets of St. Charles Regulating Plan for a Drive-Thru facility within the T5 Transect Zone and PD-MU Planned Development-Mixed Use District, specifically to construct a new retail/restaurant building with associated drive-thru on Block 2000 of the development. The subject area is approximately 1.52 acres and is located in Ward 3. (RCA Attached) C. Case No. CU-2015-7. (Brandon McNamee). An application for a Conditional Use Permit from §400.220(C)(1)(i) for a Bar/Lounge Area within the C-2 General Business District, specifically to have a small lounge area in the rear of an existing Vapor Lounge at 1807 Zumbehl Road. The subject property is 1.45 acres and is located in Ward 6. (RCA Attached) D. Case No. Z-2015-3. (City of St. Charles) An application to rezone land located west of Diekamp Lane known as 240 Diekamp Lane from the R-1C Single- Family Residential District to the R-1D Single-Family Residential District. The subject property is 1.72 acres prior to the proposed Right-of-Way dedication (1.44 acres post-dedication) and is located in Ward 4. (To be Withdrawn – RCA Attached) E. Case No. TA-2015-3. (City of St. Charles). Text Amendment to Zoning Ordinance Sections §400.050 Definitions, §400.170 R-3A Multiple-Family Residential District, §400.190 O-I Office Institution District and §400.670 Off-  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Street Parking Schedule relative to the definitions, permitted and conditional uses and parking standards for Congregate Care and Senior Housing Facilities in Chapter 400 (the Zoning Code). (Council Bill 11565) F. Case No. TA-2015-4. (City of St. Charles). Text Amendment to Zoning Ordinance Section §400.480 Temporary Retail Sales and Outdoor Display of Merchandise, to add regulations for the outdoor display of merchandise in the SMPD South Main Preservation District of Chapter 400 (the Zoning Code). (Council Bill 11569) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards/Commissions/Committees A motion was made by Laurie Feldman to approve the following appointments: FAIR HOUSING COMMISSION Re-Appointment of Dilla Godert to a three-year term ending in April, 2018 Re-Appointment of Melanie McIlroy to a three-year term ending in April, 2018 SENIOR CITIZEN ADVISORY COMMISSION Appointment of Barbara Slattery to a three-year term ending in February, 2018 MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: None. Motion passed. Budget Amendment #3 (Council Bill 11557) Director of Administration Michael Spurgeon provided a brief overview of Budget Amendment #3. PUBLIC COMMENT Patrick Lynch, 1436 Navaho Trail, representing IUOE Local 148, spoke in favor of Council Bill 11584. Lisa Galati, 3312 Rue Royale, representing New Town General Assembly, spoke in favor of Council Bill 11561 and requested the RibFest event only encompass the festival footprint within New Town. RESOLUTIONS A Resolution Declaring a Fire Department Pick-up Truck Surplus Property; Authorizing Donation to the Cottleville Fire Protection District; and Authorizing the Mayor to Execute Documents to Transfer Title (Sponsor: Dave Beckering) Passed “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on April 9, 2015 and is known as Resolution R15-13 A Resolution Dedicating Former Fire Station Number 2 Located at 1000 Boone’s Lick Road for Parks and Recreation Purposes and Placing the Property Under the Control of the Parks and Recreation Board (Sponsor: Dave Beckering) Passed “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: None Approved by the Honorable Mayor on April 9, 2015 and is known as Resolution R15-14 BILLS FOR FINAL PASSAGE Bill 11548 An Ordinance Authorizing a Contract with Sentinel Emergency Solutions, LLC for the Purchase of Structural Fire Fighting Protective Ensembles for the Fire Department in an Amount Not to Exceed $238,842.00 (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 April 9, 2015 and is known as Ordinance 15-056 Bill 11549 An Ordinance to Authorize Application with the Missouri Department of Transportation, Highway Safety Division, for the Law Enforcement Grant Program for the Period October 1, 2015 through September 30, 2016 for Five Grants; Authorize Acceptance of Grant Funds; and Authorize Execution of All Necessary Documents and Performance of all Acts to Accept and Receive the Grants (Sponsor: 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 April 9, 2015 and is known as Ordinance 15-057 Bill 11550 An Ordinance Authorizing Acceptance of Two (2) Sanitary Sewer Canisters in New Town Plat 3D (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 April 9, 2015 and is known as Ordinance 15-058  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Bill 11551 An Ordinance Amending the Development Plan and Regulating Plan for the Plaza at Noah’s Ark Project (now known as the Streets of St. Charles) at 1500 South Fifth Street Within the PD-MU Planned Development-Mixed Use District (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 April 9, 2015 and is known as Ordinance 15-059 Bill 11552 An Ordinance to Establish Employee Eligibility to Purchase Surplus Property and a Procedure for the Disposition of Surplus Furniture, Equipment, Motor Vehicles and Other Personal Property and Renumbering Code Sections (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 April 9, 2015 and is known as Ordinance 15-060 Bill 11553 An Ordinance Authorizing Supplemental Agreement Number 4 in the Amount of $12,373.09 and Supplemental Agreement Number 5 in the Amount of $37,509.09 to the Engineering Services Contract with Crawford, Murphy and Tilly, Inc. for Additional Services on the Fifth Street Reconstruction Project (Ameristar Boulevard, Bass Pro Drive to Boone’s Lick Road), for a Total Amount Not to Exceed $527,455.50 (Sponsors: Tom Besselman, Ron Stivison, Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, John Hanneke) Councilmember Tom Besselman requested a separate vote on Council Bill 11553. Passed “Aye”: Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and West “Nay”: Besselman Absent: None Approved by the Honorable Mayor on April 9, 2015 and is known as Ordinance 15-061 Bill 11554 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Boschertown Road Phase II Improvement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: None Approved by the Honorable Mayor on April 9, 2015 and is known as Ordinance 15-062 Bill 11555 An Ordinance Authorizing a Cooperative State and Local Task Force Agreement Between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri to Participate in Task Force Group 2 (32) Concerning the Use and Abuse of Controlled Substances for the Period of January 1, 2015 Through September 30, 2015 (Sponsor: 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 April 9, 2015 and is known as Ordinance 15-063 Bill 11556 An Ordinance Authorizing a Memorandum of Understanding between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri for Participation in the St. Louis Field Division Task Force 2 / Group 32 Governing the Equitable Sharing Requests and Participation in the United States Department of Justice Equitable Sharing Program (Sponsor: 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 April 9, 2015 and is known as Ordinance 15-064 BILLS FOR INTRODUCTION All Council Bills were introduced with the exception of Council Bill 11571. Council Bill 11571 was withdrawn from consideration as noted below. Bill 11557 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 #3) (Sponsor: Dave Beckering) Bill 11558 An Ordinance Authorizing a Contract with World Wide Technology, Inc. for the Purchase of a City-Wide Cisco VoIP Phone System in an Amount Not to Exceed  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ $181,323.75 (Sponsors: Dave Beckering, Laurie Feldman, John Hanneke, and Rod Herrmann) Bill 11559 An Ordinance Authorizing a Contract with World Wide Technology, Inc. for the Purchase of Network Switches and Related Supplies for the City-Wide Cisco VoIP Phone System in an Amount Not to Exceed $129,818.94 (Sponsors: Dave Beckering, Laurie Feldman, John Hanneke, and Rod Herrmann) Bill 11560 An Ordinance Authorizing a Contract with World Wide Technology, Inc. for the Purchase of a New 3Par Storage System for Additional Network Storage for the City in an Amount Not to Exceed $150,105.57 (Sponsors: Dave Beckering, Laurie Feldman, John Hanneke and Rod Herrmann) Bill 11561 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of the RibFest Event to be Held in New Town from Friday, May 22 to Monday, May 25, 2015 (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 11562 An Ordinance Amending Section 205.020 of the Code of Ordinances Regarding Inspection of Fire Hydrants (Sponsor: Dave Beckering) Bill 11563 An Ordinance Authorizing an Agreement Between the City of St. Charles and Historic Missouri Wine Country LLC to Grant Historic Missouri Wine Country LLC Permission to Utilize the City’s Historic Missouri Wine Logo (Sponsor: Ron Stivison) Bill 11564 An Ordinance Amending Section 635.030 of the Code of Ordinances Regarding False Alarms to Exempt Schools Offering Basic Education Grades K-12 (Sponsor: Jerry Reese) Bill 11565 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending: Section 400.050 Definitions; Sections 400.170 and 400.190 Pertaining to Senior Living Facilities as Permitted Uses in the R3-A, Multiple Family Residential, and the O-I, Office Institutional Districts; and Section 400.670 Pertaining to Parking Spaces Required for Congregate Care and Senior Parking Facilities (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Bill 11566 An Ordinance Authorizing a State Plan of Operation Between the State of Missouri and City of St. Charles to Allow the Police Department to Participate in the Department of Defense 1033 Excess Property Program (Sponsor: Ron Stivison) Bill 11567 An Ordinance Repealing Section 1 of Ordinance 15-035 and Enacting a New Section 1 Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2015 Event of Sunday Fundays (Sponsors: Mary Ann Ohms and Ron Stivison) Bill 11568 An Ordinance Authorizing a Contract with nCourt LLC to Provide Software to Permit an Online Payment Program for Municipal Court and Police Department (Sponsor: Ron Stivison) Bill 11569 An Ordinance Amending Section 400.480 of the Code of Ordinances of the City of St. Charles, Missouri by Adding a New Subsection Pertaining To Outdoor Display of Merchandise in the South Main Preservation District (Sponsors: Mary Ann Ohms and Tom Besselman) Bill 11570 An Ordinance Approving the Record Plat for Lot 32 of Elm Point Industrial Park Plat Three, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11571 An Ordinance Approving the Record Plat for Hidden Oaks, Resubdivision, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Council Bill 11571 was withdrawn by Councilmember Laurie Feldman. File #48351 Bill 11572 An Ordinance Authorizing the Sale of Real Property Located Immediately Adjacent to the Property Commonly Described as 240 Diekamp Lane to Alfred M. and Mary K. Brooks and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Laurie Feldman) Bill 11573 An Ordinance Authorizing the Amended Budget for the 2015 Annual Action Plan for Year Four of the Five Year Consolidated Plan for 2012-2016 for Use of Community  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ Development Block Grant Funds Through the U.S. Department of Housing & Urban Development (Sponsor: Dave Beckering) Bill 11574 An Ordinance Authorizing an Intergovernmental Agreement By and Among St. Charles County, Missouri and the Cities of St. Charles, Lake St. Louis, O’Fallon, St. Peters and Wentzville for the Implementation, Operation, Ownership and Maintenance of the St. Charles County Next Generation 911 System with the City’s Cost Share Not to Exceed $547,095.09 (Sponsor: Bridget Ohmes) Bill 11575 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Promote Missouri Fund Program, for the FY 2016 Marketing Matching Grant; and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsors: Ron Stivison and John Hanneke) Bill 11576 An Ordinance Authorizing a Letter of Agreement Among the City of St. Charles, St. Charles County Police Department and the Missouri Internet Crimes Against Children (ICAC) Task Force to Apprehend and Prosecute Internet Sexual Predators Who Exploit Children Through the Use of Computer Technology (Sponsor: Ron Stivison) Bill 11577 An Ordinance Authorizing a Memorandum of Understanding Between the Saint Charles County Police Department Cyber Crime Unit (“SCCPDCCU”) and the City of Saint Charles to Provide Investigative and Forensic Assistance to the City in the Field of Computer and Internet Investigations (Sponsor: Ron Stivison) Bill 11578 An Ordinance Authorizing an Engineering Services Contract with EFK Moen, LLC to Provide Engineering Services for the 94 Corridor Study Project in an Amount Not to Exceed $299,907.68 (Sponsor: Mary West) Bill 11579 An Ordinance Authorizing Amendment Number 4 to the Engineering Services Contract with CDG Engineers Architects Planners, Inc. for Phase III Construction Documents and Phase IV Bidding and Construction Observation Services for Improvements to the City Hall Parking Structure in an Amount of $15,000.00, for a Total Amount Not to Exceed $342,271.70 (Sponsors: Tom Besselman and Mary Ann Ohms) Bill 11580 An Ordinance Authorizing Amendment Number 1 to the Architectural Services Contract with H Design Group, LLC, for the Public Works Facility Project in the Amount of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ $99,814.00 for a Total Amount Not to Exceed $643,520.00 (Sponsors: Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Bill 11581 An Ordinance Authorizing Change Order Number 5 with C. Rallo Contracting Company, Inc., for the City Hall Parking Structure Renovation Project in the Amount of $154,357.37 for a Total Contract Amount Not to Exceed $3,923,460.01 (Sponsors: Mary Ann Ohms and Tom Besselman) Bill 11582 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Four (4) 2016 International 7400 SFA 4x2, 34,200 lb. G.V.W.R. Single-Axle Dump Trucks with Dump Bodies, Salt Spreaders and Snow Plows in an Amount Not to Exceed $529,175.60 (Sponsors: Rod Herrmann and Tom Besselman) Bill 11583 An Ordinance Amending Sections 260.030, 260.040 and 260.050 of the Code of Ordinances Regarding the Posting of Signs Related to Smoking and the Use of Vapor Products (Sponsor: Mary Ann Ohms) Bill 11584 An Ordinance Authorizing an Agreement with the City of St. Charles, Missouri and Local Number 148, AFL-CIO Operating Engineers for the period from January 1, 2015 through December 31, 2017 (Sponsor: Dave Beckering) Bill 11585 An Ordinance Repealing Ordinance No. 2014-169 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Authorizing and Ratifying the 2015 Department Director Performance Based Compensation Pool, Salary Percentage Increase Limitation and Salary; Establishing a 1.5% Non-Represented Employee Longevity Stipend Salary Increase; Establishing a 2.5% Salary Increase for Employees Compensated Without Steps After January 1, 2014; Adding Three Public Works Department Positions; and Providing for an Effective Date (Sponsor: Dave Beckering) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Authorization to initiate a text amendment to Chapter 400 of the Code of Ordinances by amending Section 400.330(B)(2) amending the times for performance of live music in the “SMPD” South Main Preservation District (referred by Councilmember Laurie Feldman) Councilmember Feldman reported she is proposing to amend the hours for live music from 8:00 p.m. outdoors and 9:00 p.m. indoors to no later than 10:00 p.m. for live music indoors and outdoors on Friday and Saturday nights.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ A motion was made by LAURIE FELDMAN authorizing the City Council to initiate a text amendment to Chapter 400 of the Code of Ordinances by amending Section 400.330(B)(2) amending the times for performance of live music in the “SMPD” South Main Preservation District. MARY WEST 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. File #48352 CONSENT AGENDA Councilmember Tom Besselman requested a separate vote on Consent Agenda Item 10.D.5. A motion was made by LAURIE FELDMAN to approve the balance of the Consent Agenda. MARY ANN OHMS 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. A. Approval of Council Minutes 1. Regular City Council Meeting of March 17, 2015 2. Public Hearing of March 17, 2015 File #48353 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of March 10, 2015 File #48318 b. Joint City Council and Parks & Recreation Board Meeting of March 10, 2015 File #48320 c. Council Work Session of March 10, 2015 File #48320 d. Charter Review Committee Meeting of March 17, 2015 File #48338 e. Council Work Session of March 17, 2015 File #48320 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of March 10, 2015 i. Motion to bring forward a Resolution to the next City Council Meeting authorizing the two additional County Road Board Project Applications b. Joint City Council and Parks & Recreation Board Meeting of March 10, 2015  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ i. Council President Dave Beckering requested that the Parks and Recreation Board conduct a multi-platform survey of residents to see which facility they would like. The Parks Board will then make a recommendation to Council of an Aquatic plan at the July 14th Work Session c. Council Work Session of March 10, 2015 i. Motion authorizing Public Works to proceed with construction of the Waters Distribution Shop and adjacent Parking Area (as described on Exhibit III) along with consideration of permeable pavers utilizing Sanitary Sewer and Water Works Reserves as a funding source d. Charter Review Committee Meeting of March 17, 2015 (none) e. Council Work Session of March 17, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Fourth of July Celebration Committee Meeting of October 14, 2014 File #48149 2. Greater Saint Charles Convention & Visitors Commission Meeting of December 11, 2014 File #48154 3. Human Relations Commission Meeting of January 8, 2015 File #48354 4. Greater Saint Charles Convention & Visitors Commission Meeting of January 22, 2015 File #48355 5. Citizens with Disabilities Advisory Board Meeting of October 22, 2014 File #48214 6. Arts and Culture Commission Meeting of February 18, 2015 File #48356 7. Fourth of July Celebration Committee Meeting of January 13, 2015 File #48357 8. Landmarks Board Meeting of February 9, 2015 File #48343 9. Park and Recreation Board Meeting of February 18, 2015 File #48321 10. Park and Recreation Work Session of March 4, 2015 File #48321 11. Economic Development Commission Meeting of February 12, 2015 File #48341 12. Board of Public Works Meeting of January 12, 2015 File #48358 13. Planning and Zoning Commission Meeting of February 23, 2015 File #48359  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ 14. Fourth of July Celebration Committee Meeting of February 24, 2015 File #48357 15. Special Business District Advisory Board Meeting of February 5, 2015 File #48340 16. Board of Adjustment Meeting of March 9, 2015 File #48329 D. Receipt of Reports of the Director of Administration 1. Notice of Emergency Purchase File #48360 2. Request to fill Vacant Position(s) in Fire Department File #48361 3. Request to fill Vacant Position in Administration Department File #48362 4. Notification of negotiations for an engineering services contract with CDG Engineers for the design of the Lindenwood Ave. Culvert Project File #48363 5. Notification of negotiations for an engineering services contract with Lochmueller Group for the design of the Downtown Area Water Study Councilmember Besselman inquired if the City could perform the study in-house? City Engineer Kevin Corwin responded by stating the study would require specialized equipment and if said equipment were being utilized for the study, the City would not have this essential piece of equipment for water main breaks, etc. Mr. Corwin further reported staff members performing the study would be removed from their essential duties in order to complete the study. A motion was made by MARY ANN OHMS to approve Consent Agenda Item 10.D.5. TOM BESSELMAN 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. File #48364 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Amendment No. 3 to the Agreement with Beacon Hill Staffing Group LLC for additional temporary employment staffing services in an amount not to exceed $4,160.00, which amends the contract to $48,912.50 C14-317 2. Amendment No. 3 to the Contract with Lewis Rice & Fingersh, L.C. to provide legal services in the Bethmann, et at. V. City of St. Charles, et al. lawsuits in an amount of $5,000, for a total contract amount not to exceed $95,000  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ C14-031 3. Contract Amendment and Change Order No. 1 with Seals Enterprises, Inc. for Additional Renovation to a home located at 919 N. Fifth Street as part of the U.S. Department of Housing and Urban Development (HUD) Neighborhood Stabilization Program (NSP) in an amount not to exceed $25,193.70, for a total contract amount of $81,723.57 C15-013 4. Authorization to execute a Right of Way and Easement Acquisition Agreement, General Warranty Deed, Permanent Sidewalk and Utility Easement and Temporary Construction Easement with Construction and Pundmann Motor Company for the purchase of Right of Way and Easements needed for the West Clay Street Reconstruction Project in the amount of $34,949.00 C15-038 5. Amendment No. 14 to the Contract with Lewis Rice & Fingersh, L.C. to Provide Legal Services related to Employment Law Matters in an amount of $6,000 for a total Contract amount of $95,000 C08-508 F. Preliminary Plats 1. Bellevaux Subdivision File #48365 G. Miscellaneous 1. Receipt of the Veteran’s Memorial Parkway Community Improvement District Annual Report for 2014 File #48366 2. Receipt of the Plaza at Noah’s Ark Community Improvement District Annual Report for 2014 File #48367 3. Receipt of the Elm & 370 Community Improvement District Annual Report for 2014 File #48368 4. Receipt of the Elm Point Commons Community Improvement District Annual Report for 2014 File #48369 5. Receipt of the Fairgrounds Road Community Improvement District Annual Report for 2014 File #48370 6. Receipt of the Fountain Lakes Commerce Center North Community Improvement District Annual Report for 2014 File #48371 7. Receipt of the Fountain Lakes Commerce Center South Community Improvement District Annual Report for 2014  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ File #48372 8. 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 9. Fiscal Year 2015 Special Business District Annual Statement and Budget File #48373 10. Approval of Liquor License Application for Brandon McNamee, d/b/a: Midwest Vapor Company, located at 1807 Zumbehl Road File #48335 TABLED BILLS Bill 11513 (to be removed from the table 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) A motion was made by DAVE BECKERING to remove Council Bill 11513 from the table. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed. Bill 11514 (to be removed from the table 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) A motion was made by DAVE BECKERING to remove Council Bill 11514 from the table. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 7, 2015 ______________________________________________________________________________ results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed. APPROVAL OF CLOSED MINUTES A motion was made by LAURIE FELDMAN to approve the following closed session minutes: Council Work Session of the City Council on Tuesday, March 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) at 6:30 p.m. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: None. Motion passed. The open portion of the Regular Council Meeting was adjourned at 7:57 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Dave Beckering, Presiding Officer