City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, January 5, 2016, 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, The Honorable Mayor Sally A. Faith and the 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 #48483 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 HEARING The President of the Council Mary Ann Ohms 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-2015-27 (Carl J. Maus) An application for a Conditional Use Permit from §400.480(C) for a Temporary Retail Sales Use within the C-3 Highway Business District, specifically to operate an outdoor retail plant and landscaping sales stand at 2665 South Old Highway 94. This is a renewal of a previously approved Conditional Use from 2014. The subject property is 1.37 acres and is located in Ward 5 (RCA Attached) B. Case No. Z-2015-14 (Jason & Heather Boyet) An application to rezone upon annexation a 1.26 acre tract of land known as 2324 Hackmann Road, from St. Charles County R-1E Single-Family Residential District to City of St. Charles R- 1E Single-Family Residential District. The property will be located in Ward 5 upon annexation (Council Bill 11817) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith invited Interim Director of Administration Bruce Evans to provide an update regarding the recent flooding event which took place over the Christmas holiday. Director Evans provided a brief update and invited Fire Chief Mike Myers and Assistant Director of Public Works John Zimmerman to provide information relative to the incident plan and how to file a claim. Fire Chief Myers and Assistant Director Zimmerman distributed informational papers relative to their updates. File #48485 Councilmember Laurie Feldman requested Public Works include instructions on how to file a claim relating to flood damage on the City’s website.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ The Members of the City Council, Mayor Faith and Director Evans thanked every department and staff member involved with assisting the residents of the City of Saint Charles during this recent flooding event. Director Evans gave a special Thank You to the folks in Public Works who worked night & day attending to the vacuum sewer system in New Town. Mayor Faith read a Thank You letter she received from Don & Tori Ignatowski. Mr. & Mrs. Ignatowski thanked Daryl Hampel and Mark French for assisting them during the recent rain fall event. Mayor Faith reported on behalf of Police Chief Randy McKinley the Police Department is currently accepting applications for this year’s Citizen Police Academy program. There are 14 positions open at this time. The program is a ten week course, held on Monday evenings from 6- 9 p.m. and the first course will be held on Monday, January 25th. For more information regarding the program, contact the Police Department at 949-3300. PUBLIC COMMENT There were no public comments. RESOLUTIONS (none) BILLS FOR FINAL PASSAGE Bill 11804 An Ordinance Authorizing Amendment Number 1 to the Contract with Experis US, Inc. for the Temporary Staffing Services with the Information Technology Department for a Database Administrator in an Amount of $30,000 for a Total Amount Not to Exceed $105,000 (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-001 Bill 11805 An Ordinance Authorizing Acceptance of Public Improvements and Their Appurtenances at The Reserve at Fountainview, LLC and Authorizing Release of Security Related Thereof (Sponsors: Jerry Reese and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-002  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ Bill 11806 An Ordinance Authorizing a Contract with IESI MO Champ Landfill, LLC, for Landfill Services for the City’s Sanitary Sewer Operations in an Amount Not to Exceed $250,000 (Sponsor: Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-003 Bill 11807 An Ordinance Authorizing a Second Renewal Contract with Oros & Busch Application Technologies, Inc. for Lime Residual Collection and Disposal Services in an Amount Not to Exceed $350,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-004 Bill 11808 An Ordinance Authorizing the Purchase of Real Property Located at 21 Droste Square Road for the Not To Exceed Amount of $202,000.00, Inclusive of Closing Costs; Approving a Commercial and Industrial Real Estate Sale Contract and the Assignment of the Commercial and Industrial Real Estate Sale Contract; and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-005 Bill 11809 An Ordinance Authorizing a First Renewal Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime for the Water Division in an Amount Not to Exceed $400,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-006  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ Bill 11810 An Ordinance Authorizing a Rider Education Recognition Program Agreement Between the Missouri Motorcycle Safety Foundation (MSF) and the City of St. Charles, Missouri, Through its Parks and Recreation Department, Rangers Division, to Provide Motorcycle Safety Classes in Conjunction with the State of Missouri Motorcycle Safety Foundation (MSF) (Sponsor: Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-007 Bill 11811 An Ordinance Repealing Administrative Regulation 2.2.3, Revision 3, and Approving Administrative Regulation 2.2.3, Revision 4, Relative to Reimbursement for Footwear – Safety Sensitive Positions (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-008 Bill 11812 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 #9) (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-009 Bill 11813 An Ordinance Authorizing Amendment Number 2 to the Contract with Eastern Missouri Concrete, LLC for Ready-Mix Concrete Supply Services for the Street Division in an Amount of $10,000.00, for a Total Amount Not to Exceed $142,250.00 (Sponsor: Jerry Reese) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese Approved by the Honorable Mayor on January 6, 2016 and is known as Ordinance 16-010  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11814 An Ordinance Amending Section 130.340 of the Code of Ordinances to Provide Martin Luther King Day as an Observed Holiday (Sponsor: Mary Ann Ohms) Bill 11815 An Ordinance Authorizing Extension of the Labor Agreements Between the City of St. Charles, Missouri and the St. Charles Police Officers Association for the Police Officers and Sergeants Bargaining Units to February 29, 2016 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison, Bridget Ohmes) Bill 11816 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Petitioned for Annexation by Jason and Heather Boyet, Approximately 1.26 Acres of Land Known as 2324 Hackmann Road (Sponsor: John Hanneke) Bill 11817 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from St. Charles County Zoning District R-1E (Single-Family Residential District) Approximately 1.26 Acres of Land Located at 2324 Hackmann Road (Sponsor: John Hanneke) Bill 11818 An Ordinance Amending Section 405.290 of the Code of Ordinances of the City of St. Charles, Missouri Pertaining to Final Plats (Sponsor: Mary Ann Ohms) Bill 11819 An Ordinance Submitting to the Qualified Voters of the City of St. Charles, for their approval at the General Municipal Election to be held in the City on April 5, 2016, a Proposition to Authorize the City to Continue Applying and Collecting the Local Sales Tax on the Titling of Motor Vehicles, Boats, and Outboard Motors that were Purchased from a Source other than a Licensed Missouri Dealer (Sponsor: Mary Ann Ohms) Bill 11820 An Ordinance Approving the Record Plat for the Reserve at Fountainview Condominiums Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Appointment to Board of Adjustment A motion was made by TOM BESSELMAN to hold this item to the January 19, 2016, Regular City Council Meeting. Councilmember Hanneke inquired as to why this item is being held. Councilmember Besselman reported he needs additional information. JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Hanneke. “Nay”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Feldman. Absent: None. Motion failed. A motion was made by DAVE BECKERING to approve the re-appointment of Don Garrison, Jr. to a five-year term ending January, 2021, to the Board of Adjustment. BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Feldman, Hanneke and Herrmann. “Nay”: Besselman. Absent: None. Motion passed. File #48484 CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. MARY WEST 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. A. Approval of Council Minutes 1. Special City Council Meeting of December 8, 2015 2. Regular City Council Meeting of December 15, 2015 3. Public Hearing of December 15, 2015 File #48481 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of December 8, 2015 File #48320 b. Council Work Session of December 15, 2015 File #48320 c. Technology Committee Meeting of December 1, 2015 File #48309 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of December 8, 2015 i. consensus of the full Council the Plan is reviewed annually at a Council Work Session beginning with the June 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ Work Session and a Resolution be presented to the full Council formally adopting the Plan b. Council Work Session of December 15, 2015 (none) c. Technology Committee Meeting of December 1, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Saint Charles Convention Center Oversight Subcommittee Meeting of October 5, 2015 File #48416 2. Housing Authority Meeting of November 10, 2015 File #48387 3. Park and Recreation Work Session of November 4, 2015 File #48321 4. Park and Recreation Board Meeting of November 18, 2015 File #48321 5. Greater Saint Charles Convention and Visitors Commission Meeting of October 22, 2015 File #48355 6. Landmarks Board Meeting of November 16, 2015 File #48343 7. Special Business District Advisory Board Meeting of November 5, 2015 File #48340 8. Economic Development Commission Meeting of November 5, 2015 File #48341 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Authorization to Enter into a First Renewal Contract with LRL Commercial Cleaning, Inc. to Provide Janitorial Services at City Hall and the Senior Center from January 1 through December 31, 2016 in an Amount Not to Exceed $36,359.52 C14-733 F. Preliminary Plats 1. McHowdy Ranch Subdivision File #48482 G. Miscellaneous 1. November Investment Report File #48334  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members There were no announcements. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. The Technology Committee of the City Council of the City of Saint Charles, Missouri, convened into closed session on Tuesday, December 1, 2015 at 6:15 p.m. in Conference Room A, on the fourth floor of City Hall, 200 North Second Street, Saint Charles, Missouri, relative to Records that identify the configuration of components or the operation of a computer, computer system, computer network or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or data base containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including the amount of moneys paid by, or on behalf of, a public government body for such computer, computer system, computer network, or telecommunications network shall be open (RSMo 610.021.21) B. City Council Work Session on Tuesday, December 8, 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 preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) at 8:20 p.m. in Conference Room A on the fourth floor of City Hall, 200 North Second Street LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. CLOSED SESSION A motion was made by DAVE BECKERING to adjourn into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1); preparation, including any discussions or work product, on behalf of the Councilor its representatives for negotiations with employee groups (RSMo 610.021.9); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12). MARY WEST seconded the motion. A roll call vote was taken, with the following results: “Aye”: Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese. “Nay”: None. Absent: None. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 5, 2016 ______________________________________________________________________________ The open portion of the Regular Council Meeting was adjourned at 7:51 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer