City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, July 21, 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, John Hanneke, Bridget Ohmes, Jerry Reese, Ron Stivison and Mary West. Absent: Laurie Feldman and Rod Herrmann. Assistant City Clerk Kimberly Hudson 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 DAVE BECKERING to excuse the absence of Councilmember Laurie Feldman and Councilmember Rod Herrmann. RON STIVISON seconded the motion. All voted in favor, motion passed. PUBLIC HEARINGS There were no public hearings. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: SENIOR CITIZEN ADVISORY COMMISSION: Appointment of Barbara Baum to fill a three year term ending in February, 2017 CITIZENS WITH DISABILITES ADVISORY BOARD: Re-Appointment of Julie Chinn to a three year term ending in July, 2018 FAIR HOUSING COMMISSION: Re-Appointment of David Kramer to a three year term ending in July, 2018 Re-Appointment of Marty Leitner to a three year term ending in July, 2018 PLANNING AND ZONING COMMISSION: Re-Appointment of John Feldt to a four year term ending in July, 2019 RON STIVISON seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Hanneke, Ohmes, Ohms, Reese, Stivison, West and Beckering. “Nay”: None. Absent: Feldman and Herrmann. Motion passed. File #48304 Written and/or Verbal Messages from the Mayor Mayor Faith announced the Missouri River 340 Race will be held July 28-31st.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ Mayor Faith announced the Fleet Feet Flat Five will be held August 2nd. Mayor Faith announced the St. Charles Municipal Band Concert will be held in Frontier Park on July 23rd. Mayor Faith announced the Farmer’s Market is held every Saturday from 7am to Noon at the Foundry Art Centre Parking Lot. Mayor Faith announced the Defiance Wine Country Art Festival will be held August 15 th and August 16th from 10:00 am to 8:00 pm at Wine Country Gardens in Defiance. Mayor Faith announced Music on Main event will be held on Wednesday, August 19th and the Streets of St. Charles will hold Concert on Beale Street event on Thursday, August 12th. Mayor Faith announced Festival of the Little Hills will be held in Frontier Park / Main Street August 21st through August 23rd. Mayor Faith announced there are many other events taking place and for more information, visit www.historicstcharles.com. PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Declaring Certain Parks and Recreation Department Equipment Surplus Property and Authorizing Disposal by Trade-In (Sponsors: Laurie Feldman and Rod Herrmann) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Resolution R15-30 A Resolution Declaring Information Technology Equipment Surplus Property; Authorizing Disposal of the Equipment with Resale Value by Internet Auction; and Authorizing Recycling of the Equipment without Resale Value (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Resolution R15-31  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-154 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-155 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-156 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-157 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-158 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 (Sponsors: Rod Herrmann and Ron Stivison) Councilmember Tom Besselman requested a separate vote on Council Bill 11651. Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering and Hanneke “Nay”: None Abstain: Besselman File #48324 Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-159 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-160 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-161 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 (Sponsors: Ron Stivison and Bridget Ohmes) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-162 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-163 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-164 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-165  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ 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) Passed “Aye”: Hanneke, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: Feldman and Herrmann Approved by the Honorable Mayor on July 28, 2015 and is known as Ordinance 15-166 BILLS FOR INTRODUCTION The following Council Bills were introduced: 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 JOHN HANNEKE to hold Council Bill 11656. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. Bill 11660 An Ordinance Amending Section 500.280 of the Code of Ordinances of the City of Saint Charles, Missouri to Expand the Fee Exemption for Schools Offering Basic Education to Include Early Childhood Centers (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 11661 An Ordinance Authorizing, Ratifying and Renewing an Intergovernmental Agreement with St. Charles County and Other Municipalities within St. Charles County for Participation in the St. Charles County Regional Drug Task Force (DTF) (Sponsor: Ron Stivison) Bill 11662 An Ordinance Authorizing a Stop Sign on the Northbound Meeker Street Approach at Broad Street (Sponsors: John Hanneke, Rod Herrmann, Bridget Ohmes, Jerry Reese and Tom Besselman) Bill 11663 An Ordinance Repealing Ordinance 12-157 and Enacting a New Ordinance Establishing Parking Restrictions Along a Portion of Timbercross Place in the Charlestowne Subdivision (Sponsors: Tom Besselman, John Hanneke, Rod Herrmann, Bridget Ohmes and Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ Bill 11664 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction on the West Side of North Fifth Street at the Intersection of North Fifth and Randolph Streets (Sponsors: John Hanneke, Rod Herrmann, Bridget Ohmes, Jerry Reese and Tom Besselman) Bill 11665 An Ordinance Authorizing a Lease between the City of St. Charles, Missouri and FHRA, LLC for the Temporary Relocation of Two (2) Police Horses and the Mounted Patrol Facility to the Property Located at or near 2664 Highway B (Sponsor: Ron Stivison) Bill 11666 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Lindenwood Avenue Culvert Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Rod Herrmann) Bill 11667 An Ordinance Amending Chapter 210 of the Code of Ordinances by Enacting a New Section to be Known as Section 210.400 to Permit Implementation of a Trap-Neuter- Return (TNR) Program Relating to the Managed Care of Feral Cats (Sponsors: Laurie Feldman and John Hanneke) Bill 11668 An Ordinance Authorizing a Contract with Fab Tech Wastewater Solutions, LLC for Rehab of the Secondary Clarifier at the City’s Water Treatment Plant in an Amount Not to Exceed $285,000.00 (Sponsor: Rod Herrmann) Bill 11669 An Ordinance Amending Section 505.310 of the Code of Ordinances to Provide for Payment of Cost of Sidewalk Installation in Lieu of Installation (Sponsors: Tom Besselman, John Hanneke, Rod Herrmann, Bridget Ohmes and Jerry Reese) CONSENT AGENDA Director of Administration Michael Spurgeon on behalf of the entire staff wished Mayor Faith a Happy Birthday. Director Spurgeon introduced new employee in Administration Department, Ellie Schmerler and thanked Don Rothermich and Ellen Gordon for filling in and taking on additional responsibilities during the vacancy of this position. Director Spurgeon provided the following updates: possible discussion relative to the Parks Department Aquatics Plan at the August 11th Council Work Session, Storm Water Management Task Force preliminary meeting scheduled for August 4th, Strategic Planning Committee will be wrapping up their update relative to the Strategic Plan and will be bringing forward an update to the City Council in the near future, Administration is working on a draft bill relative to UBER to be brought forward to the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ sponsors and reported there will be an opportunity for taxi cab companies and UBER to comment before bringing to the full council. A motion was made by DAVE BECKERING to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke. “Nay”: None. Absent: Feldman and Herrmann. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of July 7, 2015 2. Public Hearing of July 7, 2015 File #48425 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes 1. Approval of Council Committee Minutes a. Council Work Session of July 7, 2015 File #48320 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of July 7, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Greater Saint Charles Convention & Visitors Commission Meeting of May 27, 2015 File #48355 2. Fourth of July Celebration Committee Meeting of June 2, 2015 File #48357 3. Landmarks Board Meeting of May 11, 2015 File #48343 4. St. Charles Citizens with Disabilities Advisory Board Meeting of May 27, 2015 File #48330 5. Planning and Zoning Commission Meeting of May 18, 2015 File #48359 6. Parks and Recreation Work Session of June 3, 2015 File #48321 7. Digital Media Commission Meeting Minutes of April 1, 2015 File #48417 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – June, 2015  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ File #48331 2. Authorization for Interim Pay to Finance Employee Working Outside of Pay Grade in Accordance with Ordinance 06-24 File #48426 3. Q2 2015 Public Works Project Performance Report File #48427 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Vehicle Service Group, LLC to Provide and Deliver One (1) new 4-column Portable Lift with 72,000 lb. Capacity in an Amount not to exceed $39,842.32 C15-444 2. Contract with Modern Business Interiors, LLC to Provide, Deliver, and Install Furnishings at the City’s Public Works Facility in an Amount not to exceed $69,219.85 C15-445 3. Amendment No. 1 to the Contract with Gilmore & Bill in an Amount of $540.00 for an Amount not to exceed $42,540.00 for Bond Counsel Legal Services for the Issuance of Approximately $4,620,000.00 of Neighborhood Improvement District General Obligation Bonds for the New Town at St. Charles Infrastructure Project, Phase 4 (Charlestowne Crossing) Improvements, Series 2015 C15-059 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Lorene Samson, d/b/a, Buffalo Wild Wings located at 1465 Bass Pro File#48335 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Bridget Ohmes announced the St. Charles County Municipal League will be meeting on July 29th at 6:00 p.m. in Wentzville. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of the City Council on Tuesday, June 2, 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 6:00 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 21, 2015 ______________________________________________________________________________ B. Regular City Council Meeting of the City Council on Tuesday, June 16, 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 7:40 p.m. C. Council Work Session of the City Council on Tuesday, July 7, 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), sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) and confidential or privileged communications between a public governmental body and its auditors (RSMo 610.021.17) at 5:30 p.m. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Ohmes “Nay”: None. Absent: Feldman and Herrmann. Motion passed. The open portion of the Regular Council Meeting was adjourned at 7:33 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer