City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, August 18, 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 and Ron Stivison.. Absent: Mary West. 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 Mary West. RON HERRMANN seconded the motion. All voted in favor, motion passed. 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. Franchise Agreement with Laclede Gas Company (RCA Attached) (Council Bill 11698) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Recognition of Newly Promoted Staff Members within the Police Department The Honorable Mayor Sally A. Faith welcomed Police Chief Randy McKinley to the podium. Police Chief McKinley introduced and recognized the following members of the Police Department: Major Ed Mitchell, Captain Don Thurman, Captain Mike Akers, Lt. Dave Senter, Lt. Chad Fisk, Lt. Todd Wilson, Lt. Thomas Wilkinson, Sgt. Kenny Mayer, Sgt. Josh Hoeing, Sgt. Brian Jurgensmeier and Sgt. Michael Davis. Police Chief McKinley reported he is extremely proud of the Police Department employees! Presentation by Woodard and Curran Regarding Wastewater Treatment Facilities Operations Contract The Honorable Mayor Sally A. Faith welcomed the team of Woodard and Curran. Marc Thomas from Woodard and Curran presented a PowerPoint presentation summarizing the first year of operations and introduced the staff from their Saint Charles location. Mayor Faith and the City Council thanked Mr. Thomas and his team for the presentation and a successful first year.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: HUMAN RELATIONS COMMISSION: Re-Appointment of Leo Price Sr. to a three year term ending in August, 2018 Re-Appointment of David Rosenwasser to a three year term ending in August, 2018 PUBLIC FACILITIES AUTHORITY BOARD: Re-Appointment of Richard Baum to a three year term ending in August, 2018 STRATEGIC PLAN COMMISSION: Re-Appointment of Richard Baum to a two year term ending in August, 2017 JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, and Beckering. “Nay”: None. Absent: West. Motion passed. File #48304 Written and/or Verbal Messages from the Mayor Mayor Faith announced the Festival of the Little Hills will be held this coming weekend, Music on Main is tomorrow night, Municipal Band will be playing in Frontier Park this Thursday, Farmers Market is this Saturday, and many other events will be held at the Foundry Art Centre, St. Charles Convention Center, Lindenwood and New Town. For more information on these or other upcoming events, visit www.historicstcharles.com. PUBLIC COMMENT Dan Mallon, 3008 Oakmont Court, Saint Charles, Missouri, representing Oakmont Home Owners Association, voiced concerns relative to the cottonwood trees in the Oakmont Subdivision and read into record a Petition signed by residents within the Oakmont Subdivision. Said Petition is on file in the City Clerk’s Office. Lori Wootten, 5056 Castle Douglas Drive, Saint Charles, Missouri, representing Care to Learn, distributed information relative to their upcoming “St. Charles Grand Gala” event being held on Saturday, November 14, 2015, at the St. Charles Convention Center. Susan Sloan, 315 Riverview Lane, #15, Saint Charles, Missouri, voiced concerns relative to flooding issues at the Riverview Garden Apartments. Sheila Stumpf, 18 Clearlake Drive, owner of Riverview Garden Apartments and representing tenants of Riverview Garden Apartments, voiced concerns relative to flooding issues at the Riverview Garden Apartments.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ RESOLUTIONS A Resolution Declaring a Fire Department TSI PortaCount Mask Fit Tester Surplus Property and Authorizing Disposal by Trade-in (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman and Feldman “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Resolution R15-35 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, Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman and Feldman “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Resolution R15-36 A Resolution Declaring Certain Fire Department Equipment Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsor: Mary Ann Ohms) John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman and Feldman “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Resolution R15-37 BILLS FOR FINAL PASSAGE Bill 11671 An Ordinance Authorizing a Ten Year GIS Data Licensing Agreement By and Between the City of St. Charles and St. Charles County for the Use of GIS Data from 2015 through 2025 (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-181 Bill 11672 An Ordinance Ordering that Assessments Be Made Against Benefited Properties Situated Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Based Upon Estimated Costs of Certain Phase Three-A Improvements Within the District; Ordering Preparation of a Phase Three-A Assessment Roll; and Calling for a Public Hearing and Providing Direction for the Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-182 Bill 11673 An Ordinance Approving an Amendment to the Regulating Plan Transect Zone Map for a .36 Acre Portion of the New Town at St. Charles, Known As Lot 2401-M-1, by Amending from the T6 Urban Core Zone to the T5 Urban Center Transect Zone (Sponsors: Dave Beckering and Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21 , 2015 and is known as Ordinance 15-183 Bill 11674 An Ordinance Dedicating Council Drive as a Public Street; and Authorizing Execution and Recording of an Instrument to Memorialize the Dedication (Sponsors: Bridget Ohmes, Mary Ann Ohms, Tom Besselman and Ron Stivison) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-184 Bill 11675 An Ordinance Amending Section 400.270 of the Code of Ordinances to Increase the Maximum Density of Dwelling Units in the “CBD” Central Business District from 18 Dwelling Units Per Acre to 24 Dwelling Units Per Acre (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-185  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Bill 11677 An Ordinance Approving a Record Plat for Charlestowne Crossing Plat One, a Subdivision of the City of St. Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-186 Bill 11678 An Ordinance Authorizing the Appropriation of Not to Exceed $1,375,000 for the Purpose of Defeasing a Portion of the General Obligation Bonds, Series 2013B, of the City of Saint Charles, Missouri, and Authorizing Certain Other Documents and Actions In Connection with the Defeasance of the Bonds (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-187 Bill 11679 An Ordinance Authorizing a Sixth Agreement to Amend the Contract between the County of St. Charles and the City of St. Charles for use of St. Charles County Transportation Sales Tax Funds to Extend West Clay Street from First Capitol Drive to Boone Avenue (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-188 Bill 11680 An Ordinance Authorizing the Conveyance by Quit Claim Deed of the City’s Property Interest in a Temporary Construction Easement Previously Needed for the Randolph Street Reconstruction Project and Two Temporary Slope Construction Easements Previously Needed for the North Fifth Street Extension/Mel Wetter Parkway Project to Provence Development, LLC (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-189  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Bill 11684 An Ordinance Authorizing a Cooperative Cost Sharing Agreement Between the City of St. Charles and Payne Family Homes, LLC for Street Concrete Enhancement for the Villages of Provence Development Project in an Amount Not to Exceed $75,000.00 (Sponsor: Dave Beckering) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke “Nay”: None Absent: West Approved by the Honorable Mayor on August 21, 2015 and is known as Ordinance 15-190 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11685 An Ordinance Authorizing a Second Amendment to the Site Sublease Agreement with NCWPCS MPL 27 – Year Sites Tower Holdings, LLC, by and through CCATT LLC, for Continued Placement of a Communication Facility on a Portion of the City’s Property Located at 2817 Elm Street (Sponsor: Bridget Ohmes) Bill 11686 An Ordinance Authorizing the Mayor and City Clerk to Execute a Fee Simple Deed (Lindenwood Female College d/b/a Lindenwood University– Lots A and B of University Commons) (Sponsor: Tom Besselman) Bill 11687 An Ordinance Authorizing a Contract with Leo M. Ellebracht Company for the Purchase of the Scott Electronic Management System (SEMS II) for Upgrades for all Self- Contained Breathing Apparatus (SCBA) and Rapid Intervention Team (RIT) Packs for the Fire Department in an Amount Not to Exceed $108,392.00 (Sponsor: Mary Ann Ohms) Bill 11688 An Ordinance Ordering that a Second Amendment to Development NID Interim Finance Agreement be Approved; Authorizing the Execution and Delivery of Same; and Providing Further Authority (Sponsor: Laurie Feldman) Bill 11689 An Ordinance Ordering that Certain Phase Three-A Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Bill 11690 An Ordinance Approving the Record Plat for Fountain Lakes Commerce Center Plat Nine, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11691 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with the New Town at St. Charles Neighborhood Improvement District Phase Four Improvements (Charlestowne Crossing) (Sponsor: Rod Herrmann) Bill 11692 An Ordinance Authorizing and Ratifying 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 June 1, 2015 Through September 30, 2015 (Sponsor: Ron Stivison) Bill 11693 An Ordinance Authorizing an Intergovernmental Agreement By and Between County of St. Charles and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds to Extend Duchesne Drive from Randolph Street to Mel Wetter Parkway (Sponsor: Dave Beckering) Bill 11694 An Ordinance Authorizing a Public 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 $6,260.00 During the Period of July 1, 2015 Through June 30, 2016 (Sponsor: Mary Ann Ohms) Bill 11695 An Ordinance Authorizing Amendment Number 1 to the Contract with Schulte Supply, Inc. for the Purchase of Neptune Automated Meter Reader (AMR) Water Meters in an Amount of $75,000.00, for a Total Amount Not to Exceed $158,800.00 (Sponsor: Rod Herrmann) Bill 11696 An Ordinance Designating and Recognizing the Greater St. Charles Convention and Visitors Bureau as the State Fiscal Year 2016 Through 2018 Representative Destination Marketing Organization (DMO) for Tourism in St. Charles County as Required for Participation in the Missouri Division of Tourism’s Cooperative Marketing Program for the State Fiscal Year 2016 Through 2018 Funding Cycle and Authorizing an Intergovernmental Agreement Between the County and the Convention and Visitors Bureau (Sponsors: Ron Stivison and John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ Bill 11697 An Ordinance Amending Section 125.240 By Increasing the Number of Members of the Greater St. Charles Convention and Visitors Commission from Twelve (12) to Thirteen (13) (Sponsors: Ron Stivison and John Hanneke) Bill 11698 An Ordinance Authorizing and Approving a Franchise Agreement with Laclede Gas Company; and Authorizing the Mayor to Execute a Franchise Agreement (Sponsor: Mary Ann Ohms) CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: West. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 4, 2015 2. Public Hearing of August 4, 2015 File #48437 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Joint City Council & Parks and Recreation Board Meeting of July 14, 2015 File #48320 b. Council Work Session of July 14, 2015 File #48320 c. Council Work Session of August 4, 2015 File #48320 2. Approval of Council Committee Motions/Actions/Recommendations a. Joint City Council & Parks and Recreation Board Meeting of July 14, 2015 b. Council Work Session of July 14, 2015 c. Council Work Session of August 4, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Strategic Planning Committee Meeting of July 1, 2015 File #48386 2. Saint Charles Convention & Visitors Commission Meeting of June 25, 2015  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ File #48355 3. Special Business District Advisory Board Meeting of June 4, 2015 File #48340 4. Convention Center Oversight Subcommittee Meeting of June 1, 2015 File #48416 5. Board of Adjustment Meeting of July 13, 2015 File #48329 6. Economic Development Commission of June 4, 2015 File #48341 7. Planning and Zoning Commission Meeting of June 23, 2015 File #48359 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – July, 2015 File #48331 2. Authorization for Interim Pay to Finance Employee Working Outside of Pay Grade in Accordance with Ordinance No. 06-24 File #48438 3. Approval of Emergency Purchase File #48360 4. Request to Fill Vacant Position in Community Development File #48439 5. Authorization for Interim Pay to Community Development Employee Working Outside of Pay Grade in Accordance with Ordinance No. 06- 24 (Acting Director of Community Development) File #48440 6. Authorization for Interim Pay to Community Development Employee Working Outside of Pay Grade in Accordance with Ordinance No. 06- 24 (Acting Planning Manager Position) File #48441 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract Agreement with Ideal Landscaping Construction to Construct the Elm Street Drive Slope Repair Project in an Amount not to Exceed $44,633.00 C15-500 2. Contract with Dawn Blackburn dba Fat Dog Creative for Creative and Graphic Design Services for the Greater Saint Charles Convention & Visitor’s Bureau in an Amount not to Exceed $46,800.00 C15-501 F. Preliminary Plats (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 18, 2015 ______________________________________________________________________________ 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 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Council President Mary Ann Ohms announced tonight is Director of Administration Michael Spurgeon’s last City Council Meeting. The City Council wished Mr. Spurgeon the best in Broken Arrow, Oklahoma. Mayor Faith thanked Mr. Spurgeon for all the information and knowledge he’s provided to her and congratulated Mr. Spurgeon on his new position in Broken Arrow, Oklahoma. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Joint Meeting of the City Council and the Parks and Recreation Board of the City of Saint Charles, Missouri, on Tuesday, July 14, 2015, relative to legal actions, causes of action, or litigations (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 610.02112) at 7:40 p.m. B. Work Session of the City Council on Tuesday, August 4, 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), hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:30 p.m. ROD HERRMANN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohms, Reese, Stivison, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes “Nay”: None. Absent: West. Motion passed. The open portion of the Regular Council Meeting was adjourned at 7:57 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer