City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 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 Mary Ann Ohms, presiding, and the Honorable Mayor Sally A. Faith and Members of the Council present as follows: Dave Beckering, Tom Besselman, Laurie Feldman, John Hanneke, Rod Herrmann, Bridget Ohmes, 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 Council President Mary Ann Ohms announced former Councilmember Herman Elmore passed away on Friday, June 26th. President Ohms reported Councilmember Elmore was appointed to the City Council by the Mayor effective May 1, 1997 and elected as Councilmember at a Special Election in August 1997. Mr. Elmore was then re-elected as Councilmember on April 7, 1998 for a three year term. President Ohms requested everyone to keep Herman’s family and friends in their prayers. 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 Mary Ann Ohms 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. Case No. CU-2015-16. (Sheri Steffens) An application for a Conditional Use Permit from §400.200(C)(1)(g) for a Banquet Center within the HCD Historic Commercial District, specifically to permit the construction of a new banquet center and parking lot on parcels currently identified as 1115 and 1117 South Main Street. The subject properties together total 0.42 acres and are located in Ward 2 (Item was tabled at the June 22, 2015, Planning & Zoning Meeting; therefore, this application and public hearing to be tabled to the August 4, 2015, Regular City Council Meeting) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation Relative to Audit Report and Comprehensive Annual Financial Report – Calendar Year Ended December 31, 2014 Rick Gratza, Engagement Partner with Kerber, Eck & Braeckel, LLP provided a presentation regarding the City of Saint Charles’ Audit Report and CAFR for the year ended December 31, 2014. Mayor Faith thanked Mr. Gratza for the presentation. File # 48424 Presentation of Checks to the Following Recipients by the City Council: i. Boone Center (Councilmember Tom Besselman presenting) ii. The Church of St. Charles (Councilmember Tom Besselman presenting)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ iii. Community Living (Councilmember Laurie Feldman presenting) iv. Connections to Success (Councilmember Mary West presenting) v. Crisis Nursery (Councilmember Laurie Feldman presenting) vi. Emmaus Homes, Inc. (Councilmember Dave Beckering presenting) viii. Foster Adoption Support Team (FAST) (Councilmember Laurie Feldman presenting) Each recipient provided a brief description on the use of the grant funds. The full City Council thanked each of the organizations for the commitment and dedicated service to the citizens of the City of Saint Charles. Recognition of Doug Wood, Facilities Maintenance Supervisor, as Recipient of the Illuminating Engineering Society of North America Section Award for the Foundry Art Centre Gallery Lighting Project Council President Mary Ann Ohms recognized Facilities Maintenance Supervisor Doug Wood as the recipient of the Illuminated Engineering Society of North America Section Award for the Foundry Centre Gallery Lighting Project. Mr. Wood provided a brief description of the project and thanked the Mayor and City Council for their support. Appointments to Boards/Commissions/Committees A motion was made by RON STIVISON to approve the following appointments: PARKS AND RECREATION BOARD Re-appointment of Valerie Lanning to a three-year term ending in May, 2018 Re-appointment of Katherine Mudrovic to a three-year term ending in May, 2018 Re-appointment of Thomas Smith, Jr. to a three-year term ending in May, 2018 JOHN HANNEKE 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 Budget Amendment No. 5 (Council Bill 11650) Mayor Faith reported Budget Amendment No. 5 (Council Bill 11650) is being introduced tonight and should any Councilmember’s have questions regarding the proposed budget amendment, to please contact either her office or the Finance Department. File #48413 Written and/or Verbal Messages from the Mayor Mayor Faith reported the Riverfest was great! Mayor Faith thanked the Convention & Visitors Bureau staff, the Police Department staff, the Fire Department staff and everyone involved with making this event a success.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Mayor Faith reported the St. Charles Convention Center was named one of the St. Louis Post- Dispatch’s Top Workplaces. Mayor Faith provided a brief update on the Fifth Street Road Project. For more information relating to the project, visit www.stcharlescitymo.gov/219/Fifth-Street-Gateway-Project. Mayor Faith announced Music on Main event will be held next Wednesday, July 15th. And the Streets of St. Charles will hold their Concert on Beale Street event tomorrow night from 6-8:00 p.m. Mayor Faith announced the Lions Club will be holding the Car/Truck Show at McNair Park on July 11th. Mayor Faith announced there are many other events taking place and for more information, visit www.historicstcharles.com. PUBLIC COMMENT Joe Kloeppel, 2905 Concordia, St. Charles, Missouri, spoke in favor of a warm water pool for the residents of Saint Charles. Donna Carlson, 1330 S. Wheaton Drive, St. Charles, Missouri, spoke in favor of a warm water pool for the residents of Saint Charles. Miles Leisman, 229 Babbling Brook Lane, St. Charles, Missouri, voiced concerns regarding the homeowner’s balcony collapse and operating with a proper license. Mr. Leisman distributed photos of desks poorly constructed. RESOLUTIONS A Resolution Declaring Certain Fire Department Equipment Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2015 and is known as Resolution R15-27 A Resolution Declaring Real Property Located at 2795 Zumbehl Road as Surplus Property and Authorizing Disposal by Negotiated Sale (Sponsors: Mary Ann Ohms and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on July 8, 2015 and is known as Resolution R15-28 A Resolution Declaring Outdated Technology Equipment as Surplus Property; Authorizing the Disposal of the Equipment with Resale Value Via Internet Auction; and Authorizing Recycling of the Equipment without Resale Value (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2015 and is known as Resolution R15-29 BILLS FOR FINAL PASSAGE Bill 11631 (Proposed Substitute Bill No. 1) An Ordinance Amending Section 400.400 of the Code of Ordinances Regarding the Keeping of Chickens (Sponsor: Tom Besselman) Councilmember Besselman withdrew Council Bill 11631 from consideration. File #48423 Bill 11621 An Ordinance Rezoning to Zoning District R-1E (Single Family Residential District) from Zoning District O-I (Office Institution District) Approximately 88.65 Acres of Land Located at 2200 West Randolph Street (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 July 7, 2015 and is known as Ordinance 15-145 Bill 11622 An Ordinance Rezoning to Zoning District PD-R (Planned Development - Residential District) from Zoning District R-1E (Single-Family Residential District), 88.65 Acres of Land Located at 2200 West Randolph Street; Approving the Preliminary Development Plan of Villages of Provence; Approving a Development Agreement; and Authorizing the Mayor to Execute the Development Agreement (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 July 7, 2015 and is known as Ordinance 15-146  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Bill 11640 An Ordinance Approving a Fourth Amended and Restated Convention Center Cooperation Agreement with the St. Charles County Convention and Sports Facilities Authority (Sponsors: Ron Stivison, Jerry Reese, John Hanneke 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 July 8, 2015 and is known as Ordinance 15-147 Bill 11641 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Six-H-1, a Subdivision of the City of Saint Charles, Missouri (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 July 8, 2015 and is known as Ordinance 15-148 Bill 11642 An Ordinance Authorizing a West Clay Reimbursement Agreement By and Between SM Properties UV, LLC, the City of St. Charles, and SSM Health Care St. Louis for Payment of Reimbursement Funds Received by the City of St. Charles from St. Charles County Transportation Sales Tax Funds to SSM Health Care to Defray the Cost of Construction of the New Post Office (Sponsors: Mary Ann Ohms and Tom Besselman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2015 and is known as Ordinance 15-149 Bill 11643 An Ordinance Granting a Variance to Code of Ordinances Section 510.270.D. Regarding Minimum Setback from a Watercourse for Property Located at 2217 Hackmann Road (Sponsors: Bridget Ohmes and John Hanneke) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2015 and is known as Ordinance 15-150  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Bill 11644 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Pralle Lane 38FF Water Upgrade Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Rod Herrmann 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 July 8, 2015 and is known as Ordinance 15-151 Bill 11645 An Ordinance Authorizing Amendment No. 1 to the Transit Operating Assistance Grant Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles for Receipt of State Transportation Funds in the Amount of $5,825.00 During the Period of July 1, 2014 through June 30, 2015 (Sponsor: 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 July 8, 2015 and is known as Ordinance 15-152 Bill 11646 An Ordinance Computing the Final Costs of 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; Apportioning the Cost of Such Improvements Among the Properties Benefited; Assessing the Final Costs as Special Assessments; and Providing Further Authority, All Pursuant to the Neighborhood Improvement District Act (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 July 7, 2015 and is known as Ordinance 15-153 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11639 An Ordinance Authorizing a Cooperation Agreement Between the City of St. Charles and Payne Family Homes, LLC for the North Duchesne Drive Extension Project in an Amount not to Exceed $300,000 (Sponsor: Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Bill 11647 An Ordinance Repealing Ordinance No. 11-245 and Enacting a New Ordinance Authorizing, Directing and Empowering the Mayor, Director of Administration, Director of Finance, and City Clerk, Upon the Effective Date of Legislation Authorizing the Same, to Perform the Acts Necessary to Establish Credit Card Accounts on behalf of the City of St. Charles with Commerce Bank and to Execute All Documents Required to Effectuate this Purpose (Sponsor: Mary Ann Ohms) Bill 11648 An Ordinance Amending Ordinance No. 14-267 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing the Director of Finance and Removing the Designated Purchasing Manager (Sponsor: Mary Ann Ohms) Bill 11649 An Ordinance Amending Section 125.170 of the Code of Ordinances to Provide for Staggered Terms of Citizen Audit Committee Members and Review of Conflicts of Interest Reporting (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11650 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 #5) (Sponsor: Mary Ann Ohms) Bill 11651 An Ordinance Authorizing a Contract with Lamke Trenching and Excavating, Inc. for the Terrie Lane Storm Sewer Improvement Project in an Amount Not to Exceed $183,367.37 (Sponsor: Rod Herrmann and Ron Stivison) Bill 11652 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payment of $91,604.58 from the Project Fund in Connection with the New Town Gateway Neighborhood Improvement District (Sponsor: Rod Herrmann) Bill 11653 An Ordinance Authorizing an Intergovernmental License Agreement with St. Charles County for the Construction and Maintenance of Conduit Containing a Fiber Optic Telecommunications Line to be Located Within Conduit Owned by St. Charles County Under Monroe Street (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Bill 11654 An Ordinance Authorizing a STP-Urban Program Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program (STP) Funds for the Droste Road Reconstruction Project (Sponsor: Ron Stivison) Councilmember Ohmes requested to be named as co-sponsor. Bill 11655 An Ordinance Authorizing Change Order Number 4 to the Contract with Wright Construction Services, Inc. for the Public Works Facility Structure Project in an Amount of $1,146,434.91, for a Total Amount Not to Exceed $8,861,600.79 (Sponsors: Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Bill 11656 An Ordinance Authorizing an Access License and Fence Removal Agreement with Coca- Cola Refreshments USA, Inc., for the Purpose of Allowing Access to and Removal of a Fence Adjacent to the Public Works Facility (Sponsors: Bridget Ohmes, Mary Ann Ohms and Ron Stivison) Director of Administration Spurgeon requested Council Bill 11656 be held from introduction. A motion was made by RON STIVISON to hold Council Bill 11656. ROD HERRMANN seconded the motion. All voted in favor, motion passed. Bill 11657 An Ordinance Approving the Record Plat for Estates at Talbridge Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Bill 11658 An Ordinance Authorizing an Intergovernmental Agreement Between the City of Saint Charles, Missouri and Central County Fire and Rescue for the Provision of Flashover Simulator Training in an Amount Not to Exceed $3,877.33 (Sponsor: Mary Ann Ohms) Bill 11659 An Ordinance Authorizing a Memorandum for the LESO Program Memorializing Certain Changes to the Department of Defense 1033 Excess Property Program Which the City Approved by Ordinance 15-070 (Sponsor: Ron Stivison) CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. RON STIVISON seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: None. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ Director of Administration Spurgeon reported he wanted to echo Mayor Faith’s comments regarding staff’s efforts and preparedness in the past couple of weeks, i.e. Fire Department, Parks Department, Police Department and Convention & Visitors Bureau. Thanks to all. A. Approval of Council Minutes 1. Special Council Meeting of June 9, 2015 2. Public Hearing of June 9, 2015 File #48414 3. Regular Council Meeting of June 16, 2015 4. Public Hearing of June 16, 2015 File #48415 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee of June 9, 2015 File #48318 b. Council Work Session of June 9, 2015 File #48320 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee of June 9, 2015 i. Motion to elect Bridget Ohmes Chairman of the Street Committee ii. Motion to elect Rod Herrmann as Vice Chairman of the Street Committee iii. Consensus of the Committee that it is no longer necessary for this standing item/update to be included on future Street Committee agendas iv. Motion to table this item until July 14, 2015 Street Committee but allow the developer to obtain site improvement permits and add sidewalks as later determined b. Council Work Session of June 9, 2015 i. Motion to place the election for the vacant office of Municipal Judge and the proposed Charter amendments on the April 2016 ballot C. Receipt of Reports from Boards, Commissions, or Committees 1. The Housing Authority of the City of Saint Charles Meeting of May 12, 2015 File #48387 2. Veteran’s Commission Meeting of May 11, 2015  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ File #48409 3. Veteran’s Commission Meeting of March 9, 2015 File #48409 4. Senior Citizen Advisory Commission Meeting of May 12, 2015 File #48379 5. Convention Center Oversight Subcommittee Meeting of March 30, 2015 File #48416 6. Digital Media Commission Meeting of February 4, 2015 File #48417 7. Board of Adjustment Meeting of June 8, 2015 File #48329 8. St. Charles Citizens with Disabilities Advisory Board Meeting of February 25, 2015 File #48330 9. Landmarks Board Meeting of April 20, 2015 File #48343 10. Human Relations Commission Meeting of April 2, 2015 File #48354 11. Special Business District Advisory Board Meeting of May 7, 2015 File #48340 12. Economic Development Commission Meeting of May 14, 2015 File #48341 13. Board of Public Works Meeting of April 13, 2015 File #48358 D. Receipt of Reports of the Director of Administration 1. Investment Report for the Month of April, 2015 File #48334 2. Investment Report for the Month of May, 2015 File #48334 3. Authorization to Fill Vacant Position in Finance Department File #48418  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ 4. Approval of Emergency Purchase File #48360 5. Request to Fill Vacant Part-Time Position in Public Works Department/Street Division File #48419 6. Request to Promote in Public Works Department/Street Division; and Request to Fill Vacant Position due to Promotion in the Public Works Department/Street Division File #48420 7. Request to Fill Vacant Position in Public Works Department/Street Division File #48421 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with St. Charles Convention Center to Provide Space Rental for Four (4) Years for the Missouri District Youth Conference in an Amount not to exceed $30,098.00 C15-412 2. Contract Agreement with John Kalicak Construction, Inc. for the Restroom Remodel of the First and Second Floors at City hall in an amount not to exceed $98,999.00 C15-415 3. Contract with Thompson Coburn LLP for Bond and Disclosure Counsel Service for the Planned Issuance of Neighborhood Improvement District Refunding Bonds in Connection with the Streets of St. Charles at Noah’s Ark in an Amount not to exceed $60,000.00 C15-411 F. Preliminary Plats 1. Boulevard Senior Living Subdivision File #48422 G. Miscellaneous 1. Approval of Home Improvement Loan File #48350 ANNOUNCEMENTS Councilmember Feldman announced the Streets of St. Charles Concert on Beale Street will be held tomorrow night from 6-8:00 p.m. Ms. Feldman also recommended everyone visit the new and exciting things the Streets of St. Charles has to offer.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 7, 2015 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 7:45 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer