City Council

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, May 19, 2015 7:00 p.m. 1. ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PUBLIC HEARINGS A. Petition to Add Property to the Fountain Lakes Commerce Center North Community Improvement District (Council Bill 11618) B. Case No. PDA-2015-2 (Original Case No. Z-06-11) An application to amend the previously approved Preliminary Development Plan and Development Agreement for University Commons within the PD-MU Planned Development-Mixed Use District. The amendment consists of changes to the building, parking and access drive layouts, and land uses for “Lot A”, a 10.946 acre portion of the development. Specifically, restaurant, retail, bank, hotel and an assisted living facility uses are proposed. The overall University Commons development is 32.55 acres and is located south of First Capitol Drive, west of Boone Avenue, and north of the West Clay Street Extension, within Ward 2. (Council Bill 11617) 4. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS A. 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 Declaring Certain Parks and Recreation Department Equipment as Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals and by Trade-In (Sponsor: Laurie Feldman) B. A Resolution Declaring Parks and Recreation Department Equipment Surplus Property and Authorizing Disposal by Recycling (Sponsor: Laurie Feldman) C. A Resolution of the City of St. Charles, Missouri, Selecting an Underwriter in Connection with the Proposed Issuance and Sale of its Neighborhood Improvement District Limited General Obligation Bonds (New Town at St. Charles – Phase Four Improvements), Series 2015, and Acknowledging Certain Matters Pursuant to MSRB Rules (Sponsor: Mary Ann Ohms) D. A Resolution of Support for a Transportation Investments Generating Economic Recovery (TIGER) 2015 Grant Funding Application with the United States 1  Department of Transportation for the Walk-Bike-MO River Connections Project (Sponsors: Rod Herrmann, Ron Stivison, John Hanneke, Bridget Ohmes and Mary Ann Ohms) E. A Resolution Authorizing Submittal of Eleven (11) Applications to the St. Charles County Road Board for Transportation Project Funding for FY 2015 (Sponsors: Rod Herrmann, Ron Stivison, John Hanneke, Bridget Ohmes and Mary Ann Ohms) 7. BILLS FOR FINAL PASSAGE Bill 11513 An Ordinance Amending Section 500.040 and 500.050 to Adopt the 2015 Edition of the International Building Code; Amending Section 500.070 and 500.080 to Adopt the 2015 Edition of the International Residential Code for One- and Two-Family Dwellings; Amending Section 500.090 and 500.100 to Adopt the 2015 Edition of the International Energy Conservation Code; Amending Section 500.110 and 500.120 to Adopt the 2015 Edition of the International Property Maintenance Code; Amending Section 500.130 and 500.140 to Adopt the 2015 Edition of the International Existing Building Code; Amending Section 500.150 and 500.160 to Adopt the 2015 Edition of the International Mechanical Code; Amending Section 500.170 and 500.180 to Adopt the 2015 Edition of the International Fuel Gas Code; Amending Section 500.190 and 500.200 to Adopt the 2014 Edition of the National Electrical Code; Amending Section 500.240 and 500.250 to Adopt the 2015 Edition of the International Plumbing Code; and Enacting a New Article Containing Two New Sections, To Be Known As Sections 500.276 and 500.277, that Adopt the 2015 International Swimming Pool and Spa Code, to Make Local Amendments Thereto; and to Provide and Effective Date Thereof (Sponsor: Dave Beckering) Bill 11514 An Ordinance Amending Sections 205.060 and 205.070 of the Code of Ordinances of the City of Saint Charles Missouri, to Adopt the International Fire Code, 2015 Edition (Sponsor: Dave Beckering) Bill 11574 (Substitute Bill No. 1) 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 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 (Sponsors: Mary Ann Ohms and Laurie Feldman) Bill 11597 An Ordinance Authorizing the Sale of Real Property Consisting of Approximately 4,432 Square Feet Located Adjacent to and South of the Former United States Post Office in the 2 100 Block of South Main Street to OPO Plaza, LLC for the Sale Price of $10,550 and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Mary Ann Ohms) Bill 11598 An Ordinance Repealing Ordinance No. 2015-090 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Reclassifying the Building Commissioner Position; and Increasing Police Lieutenant Salary to Eliminate Wage Compression; and Providing for an Effective Date (Sponsor: Mary Ann Ohms) Bill 11599 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.330(B)(2) Amending the Times of Performance of Live Music in the “SMPD” South Main Preservation District (Sponsor: Laurie Feldman) Bill 11600 An Ordinance Rezoning to City Zoning District C-3 (Highway Business District) from City Zoning District I-1 (Light Industrial District) Approximately 3.14 Acres of Land Located Immediately South of 3140 Elm Point Industrial Drive, Known as the Proposed Lots 8 and 9 of Elm Point Commons Subdivision (Sponsor: Rod Herrmann) Bill 11601 An Ordinance Vacating the Right-of-Way of a Portion of Cunningham Avenue, Jackson Street and an Alley located in the Area Between the Former Alignment of First Capitol Drive to the Relocated First Capitol Drive (Sponsor: Ron Stivison) Bill 11602 An Ordinance Approving the Record Plat for Lindenwood University Addition, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Ron Stivison) Bill 11603 An Ordinance Authorizing the Purchase of Real Property Located at 2525 and 2575 North River Road for the Not To Exceed Amount of $128,000.00, Inclusive of Closing Costs, and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsors: Laurie Feldman, Rod Herrmann and Mary Ann Ohms) Bill 11604 An Ordinance Authorizing a Contract with Concrete Strategies, LLC, for the Annual Concrete Repair Project for 2015 in an Amount Not to Exceed $875,000 (Sponsors: Mary Ann Ohms, Rod Herrmann, Bridget Ohmes, John Hanneke and Ron Stivison) Bill 11605 An Ordinance Authorizing a Contract with NB West Contracting Company, for the Annual Asphalt Maintenance Project for 2015 in an Amount Not to Exceed $685,000 (Sponsors: Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, John Hanneke and Ron Stivison) 3  Bill 11606 An Ordinance Authorizing a Contract with Reinhold Electric, Inc., for the Flashing Yellow Arrow Project in an Amount Not to Exceed $147,017 (Sponsors: Mary West, John Hanneke, Jerry Reese, Dave Beckering, and Ron Stivison) Bill 11607 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 West Side of North Second Street (Sponsors: Ron Stivison, John Hanneke, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Bill 11608 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with the New Town Gateway Neighborhood Improvement District (Sponsor: Rod Herrmann) 8. BILLS FOR INTRODUCTION Bill 11609 An Ordinance Authorizing Amendment No. 15 to the Contract with Lewis Rice LLC to Provide Legal Services Related to Employment Law Matters in an Amount of $20,000.00, for a Total Contract Amount Not to Exceed $115,000.00 (Sponsor: Mary Ann Ohms) Bill 11610 An Ordinance Authorizing a Contract with ABD Companies, Inc. for the Installation of Fiber Optic Cable and Conduit from the Splice Hub at Kingshighway and Monroe to the Public Works Facility on Elm Point Industrial Road in an Amount Not to Exceed $188,832.00 (Sponsors: Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Tom Besselman) Bill 11611 An Ordinance Amending the Code of Ordinances of the City of St. Charles by Amending: Section 145.020 Bonds for Contractors Doing Public Work; Sections 215.960 and 215.1010 Firearms and Weapons; Sections 215.1620, 215.1630, 215.1640, 215.1650, 215.1660 and 215.1680 Offenses Concerning Tobacco; Section 340.040 Distance at which Vehicle Must Follow; and Section 600.010 Alcoholic Beverages all for the Purpose of Amending the Code of Ordinances to be Consistent with Missouri Law and Amending Section 245.060 Solid Waste Management to Remove Reference to the Position of “City Administrator” and to Insert in its Place the Position of “Director of Administration.” (Sponsor: Mary Ann Ohms) Bill 11612 An Ordinance Approving the Record Plat for The Reserve at Fountainview Condominiums Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) 4 Bill 11613 An Ordinance Authorizing a Contract with Bazan Painting Company for Interior Clean Out and Exterior Painting of Two Above Ground Water Storage Tanks in an Amount Not to Exceed $114,785.00 (Sponsor: Rod Herrmann) Bill 11614 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the St. Charles County Ambulance District and the City of St. Charles for a Patient Stretcher with the City’s Cost Share Not to Exceed $4,357.40 (Sponsor: Mary Ann Ohms) Bill 11615 An Ordinance Amending Chapter 510 of the Code of Ordinances By Amending Article V, Section 510.320 Pertaining to Storm Water Control Specifically With Regard To Inspection, Maintenance, Acceptance and Variance by City (Sponsor: Bridget Ohmes) Bill 11616 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 Fountain Lakes Boulevard and a Portion of Schattdecor Drive (Sponsors: Ron Stivison, John Hanneke, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Bill 11617 An Ordinance Approving an Amended Preliminary Development Plan for Lot A of University Commons Planned Development Mixed Use District; and Approving a Fourth Amendment to the Development Agreement for the West Clay Extension Redevelopment Project (Sponsor: Tom Besselman) Bill 11618 An Ordinance Approving a Petition to Add Real Property to The Fountain Lakes Commerce Center North Community Improvement District; and Directing the City Clerk to Notify the Missouri Department of Economic Development of the Addition of Real Property to the District (Sponsor: Rod Herrmann) Bill 11619 An Ordinance Amending Chapter 135 of the Code of Ordinances by Adding a New Section to be known as Section 135.085 to Establish the Compensation of the Special Municipal Judge (Sponsor: Mary Ann Ohms) Bill 11620 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of not to exceed $4,720,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Bonds (New Town At St. Charles – Phase Four Improvements), Series 2015; Prescribing the Form and Details of Said Bonds; Providing for the Levy and Collection of Annual Assessments for the Purpose of Paying the Principal of and Interest on Said Bonds as they Become Due; and Authorizing Certain Other Documents and Actions in Connection Therewith (Sponsor: Mary Ann Ohms) 5 9. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION A. Recommendation for Appointments to Council Committees and Assignment of Council Liaisons to Boards, Commissions and Committees (referred by Council President Mary Ann Ohms) 10. CONSENT AGENDA A. Approval of Council Minutes 1. Regular City Council Meeting of May 5, 2015 2. Public Hearing of May 5, 2015 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of May 5, 2015 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of May 5, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Fourth of July Celebration Committee Meeting of March 24, 2015 2. Board of Adjustment Meeting of April 13, 2015 3. Planning and Zoning Commission Meeting of March 23, 2015 D. Receipt of Reports of the Director of Administration 1. Request to fill Vacant Positions in Public Works/Water Division 2. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – April, 2015 3. Fats, Oil and Grease – Program Activities E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract Agreement with Gerstner Electric, Inc. for Bid Number 4170: Traffic Signal Controller Modifications Battery Backup Installations Project in an Amount not to exceed $35,150.00 2. Amendment Number 2 to the Contract with Lewis Rice LLC to Provide Legal Services related to Labor Agreement Negotiations with Local 148 of the International Union of Operating Engineers in an Amount of $5,000.00 for a total Contract Amount not to exceed $45,000.00 3. Contract with CDW Government for the Purchase of new Panasonic Toughbook Computers and Related Equipment for the Fire Department in an amount not to exceed $71,497.48 F. Preliminary Plats 1. Elm Point Commons Plat Three Subdivision G. Miscellaneous 1. Receipt of the West Clay Extension Community Improvement District Annual Report for 2014 Fiscal Year 6  2. Electronic Message Sign for 2601 Muegge Road 11. ITEMS REMOVED FROM CONSENT AGENDA 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 (none) 15. APPROVAL OF CLOSED MINUTES A. Council Work Session of the City Council on Tuesday, April 21, 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) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 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, May 15, 2015, at 5:00 p.m. 7