City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, February 2, 2016, at 7:05 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 (none) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment No. 2 (FY 2016) (Council Bill 11846 – Agenda Item 13 – Emergency Ordinance) Director of Finance Gina Jarvis provided an overview of the emergency ordinance as distributed to the Council in the agenda packet; along with a second option distributed to the Council at tonight’s meeting (attached). It was recommended by Ms. Jarvis the Council consider the funding sources as outlined in Council Bill 11846. File #48494 Budget Amendment No. 3 (FY 2016) (Council Bill 11848) Mayor Faith announced Budget Amendment No. 3 (Council Bill 11848) is being introduced tonight and should the Council have any questions to contact the Mayor’s Office. File #48495 Written and/or Verbal Messages from the Mayor Mayor Faith announced several upcoming events. Mayor Faith also announced the City Council and Mayor are holding a Retreat this Saturday, February 6, 2016. PUBLIC COMMENT There were no public comments. RESOLUTIONS Resolution Declaring Certain Parks and Recreation Department Equipment as Surplus Property and Authorizing Disposal by and On-line Auction Service GovDeals and by Trade-In (Sponsors: Laurie Feldman and Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Approved by the Honorable Mayor on February 2, 2016 and is known as Resolution R16-003 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”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Resolution R16-004 A Resolution Declaring Certain Property of the St. Charles Police Department to be Surplus Property; Authorizing Sale at Online Auction; and Recycling of Obsolete Items (Sponsor: Ron Stivison) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Resolution R16-005 BILLS FOR FINAL PASSAGE Bill 11822 An Ordinance Authorizing a Contract with AT&T Mobility National Accounts, LLC for City-Wide Wireless Voice and Data Services for the City of St. Charles for the Period of January 1, 2016 through December 31, 2016 in an Amount Not to Exceed $174,637.20 (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-021 Bill 11823 An Ordinance Dissolving the Special Allocation Fund for the Amended St. Charles Center Tax Increment Financing District Redevelopment Area, Terminating the Designation of the Amended St. Charles Center Tax Increment Financing District Redevelopment Area as a Redevelopment Area, and Directing the Director of Finance of the City of St. Charles, Missouri, to Pay to the Collector of Revenue of St. Charles County, Missouri All Moneys Remaining in the Special Allocation Fund for the Amended St. Charles Center Tax Increment Financing District Redevelopment Area (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-022 Bill 11824 An Ordinance Authorizing an Intergovernmental Agreement Between St. Charles County and the City of St. Charles, Missouri for Tourism Related Services to be Provided by the Greater St. Charles Convention and Visitors Bureau (Sponsors: Ron Stivison and John Hanneke) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-023 Bill 11825 An Ordinance Authorizing the Vacation of Two (2) Fifteen-Foot Wide City of St. Charles Utility Easements Located Within Lot 5 of Fountain Lakes Commerce Center Plat Seven (Sponsor: Rod Herrmann) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-024 Bill 11826 An Ordinance Approving the Record Plat for Diekamp Crossing Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-025 Bill 11827 An Ordinance Amending the Development Plan and Regulating Plan for the Plaza at Noah’s Ark Project (now known as the Streets of St. Charles) at 1500 South Fifth Street Within the PD-MU Planned Development-Mixed Use District (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-026 Bill 11828 An Ordinance Authorizing Amendment Number 2 to the Agreement with Woodard & Curran, Inc., for Contract Wastewater Operations in an Amount of $16,646.10, for a Total Contract Amount Not to Exceed $2,009,665.24 (Sponsor: Rod Herrmann) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-027 Bill 11829 An Ordinance Authorizing Supplemental Agreement No.1 to the Engineering Services Contract with Cole and Associates, Inc. to Provide Additional Engineering Services for the Droste Road Reconstruction Project in an Amount of $32,136.28, for a Total Contract Amount Not to Exceed $329,323.73 (Sponsor: Ron Stivison) Councilmember Tom Besselman requested a separate vote on Council Bill 11829. Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Feldman “Nay”: None Abstain: Besselman File #48501 Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-028 Bill 11830 An Ordinance Authorizing an Engineering Services Contract with Woodard and Curran, Inc. for the Design of the Elm Street and Sibley Street Culvert Replacement Project in an Amount Not to Exceed $116,816.00 (Sponsor: Ron Stivison) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-029 Bill 11831 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 #10) (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-030 Bill 11832 An Ordinance Amending Ordinance Number 15-285 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2016 (Budget Amendment #1) (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-031 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11833 An Ordinance Authorizing Amendment No. 7 to the Agreement with Gary Elmestad dba Gary Elmestad & Associates to Provide Consulting Services for Project and Funding Initiatives for the City of St. Charles in an Amount Not to Exceed $54,000.00, for a Total Amount Not to Exceed $329,000.00 (Sponsor: Mary Ann Ohms) Bill 11834 An Ordinance Ratifying and Approving an Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles for the Installation of Roadside Flashers for City/County Operation Agreement at the Intersection of First Capitol Drive and South Eighth Street (Sponsor: Tom Besselman) Bill 11835 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles and REJIS Commission to Provide 2016 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $43,424.72 (Sponsor: Ron Stivison) Bill 11836 An Ordinance Authorizing a Five-Year Standard Software Maintenance Agreement with Tyler Technologies, Inc., to Provide Customer Support and Software Maintenance for the City of St. Charles for the Period of 2016-2021 in an amount Not to Exceed $544,360.00 (Sponsor: John Hanneke) Bill 11837 An Ordinance to “Opt-In” for the State Show Me Green Sales Tax Holiday from April 19 through April 25, 2016 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Mary West, John Hanneke, Jerry Reese, Rod Herrmann, Ron Stivison and Bridget Ohmes) Bill 11838 An Ordinance Authorizing a License Agreement Between the City of St. Charles and Norfolk Southern Railway Company for the Installation, Maintenance, Operation and Removal of an Underground Crossing of Conduit and Fiber Optic Cabling Not to Exceed $15,400.00 (Sponsors: John Hanneke, Laurie Feldman, Dave Beckering and Rod Herrmann) Bill 11839 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the First Capitol Drive Enhancement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Tom Besselman) Bill 11840 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 Reimbursement Number 3) (Sponsor: Rod Herrmann) Bill 11841 An Ordinance Approving the Record Plat for The Reserve at Brook Hill, a Subdivision of the City of Saint Charles, Missouri (Sponsor: John Hanneke) Bill 11842 An Ordinance Authorizing a Contract with Sungard Public Sector, Inc., to Provide Annual Maintenance for all Sungard System Module Licenses for the City of St. Charles in an Amount Not to Exceed $119,476.73 (Sponsor: John Hanneke) Bill 11843 An Ordinance Amending Section 510.280 of the Code of Ordinances Pertaining to Storm Water Construction Standards (Sponsor: Rod Herrmann) Bill 11844 An Ordinance Granting a Variance to Code of Ordinances Section 405.200(B) to Permit the Subdivision of a Commercial Lot Without Frontage on a Public or Private Street (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Bill 11845 An Ordinance Approving a Second Amended and Restated Redevelopment Agreement; Approving an Amended and Restated Development NID Interim Finance Agreement; and Providing Further Authority (Sponsor: Laurie Feldman) Bill 11848 An Ordinance Amending Ordinance Number 15-285 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2016 (Budget Amendment #3) (Sponsor: Mary Ann Ohms) Bill 11849 An Ordinance Authorizing Labor Agreements Between the City of St. Charles, Missouri and the St. Charles Police Officers Association for the Police Officers Bargaining Unit and the Police Sergeants Bargaining Unit for the Period March 1, 2016 through December 31, 2018 (Sponsor: Mary Ann Ohms) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the February 9, 2016, Council Work Session Due to the Missouri Municipal League Legislative Conference A motion was made by DAVE BECKERING to reschedule the February 9, 2016, Council Work Session to Tuesday, February 16, 2016. LAURIE FELDMAN seconded the motion. All voted in favor, motion passed. File #48496 CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Special City Council Meeting of January 12, 2016 2. Regular City Council Meeting of January 19, 2016 3. Public Hearing of January 19, 2016 File #48497 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of January 12, 2016 File #48498 b. Storm Water Task Force Meeting of January 19, 2016 File #48499 c. Council Work Session of January 19, 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ File #48489 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of January 12, 2016 i. Consensus of the Street Committee members that if staff is working on #1’s (High Priority) street repairs and there are #2’s and/or #3’s (Medium and/or Low Priorities) in the same area that all repairs are made at the same time ii. Consensus of the Street Committee members to remove the Charbo realignment from the project scope iii. Motion to approve the proposed updates to Street Maintenance Policies and Procedure iv. Motion to table item Discussion Relative to Street ID Sign Standards to the February 9, 2016 Street Committee meeting b. Storm Water Task Force Meeting of January 19, 2016 i. Motion to transfer $700,000 from the cancelled creekbank stabilization project, Cole Creek – Droste to Ruth, to fund the scoping, design analysis and full design of the top ranked 3-4 projects identified in the powerpoint presentation with allocation of the $700,000 as follows: approximately $500,000 to design of the 3-4 projects, approximately $100,000 to be used for a public education campaign, and approximately $100,000 to be used to study the Boschert Creek Levee near Charlestowne c. Council Work Session of January 19, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Human Relations Commission Meeting of November 5, 2015 File #48354 2. Economic Development Commission Meeting of December 3, 2015 File #48341 3. Special Business District Advisory Board Meeting of December 10, 2015 File #48340 4. Landmarks Board Meeting of December 14, 2015 File $48343 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Zoll Medical Corporation for Extended Warranty and Preventative Maintenance Services through December 31, 2019 for the City’s Zoll Defibrillators in an Amount not to exceed $35,780.25  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ C16-071 2. Contract with The Survey Institute to Design, Analyze and Present the 2016 City of Saint Charles Community Survey in an Amount not to exceed $35,000.00 C16-060 3. Contract with K&P Precast, Inc. for Manhole Frames, Covers, Risers and Miscellaneous Supplies for the Year of 2015 for the Public Works Department in an Amount not to exceed $34,260.00 C16-070 4. Contract with Bound Tree Medical, LLC for Medical Supplies for the Fire Department in an Amount not to exceed $45,000.00 C16-069 F. Preliminary Plats (none) G. Miscellaneous 1. Kerber, Eck & Braeckel Financial Audit Engagement Letter for the Year Ended December 31, 2015 C14-696/Ord. 14-241 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Council President Mary Ann Ohms reported Homer “Shorty the Barber” McKenzie passed away last month. Shorty ran his barbershop on North Main Street for many years. Councilmember Tom Besselman, Councilmember Jerry Reese and Councilmember Mary West thanked the organization “We Love St. Charles” for providing the Mayor, Council and city staff a Thank You luncheon this past Friday and for all the community work their organization provides for citizens of the City of Saint Charles. EMERGENCY ORDINANCES Bill 11846 An Emergency Ordinance Amending Ordinance Number 15-285 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2016 (Budget Amendment #2) (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-020  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 2, 2016 ______________________________________________________________________________ Bill 11847 An Emergency Ordinance Authorizing an Appropriation of $1,870,225.01 to the Cost Apportionment Agreement by and between the Missouri Highways and Transportation Commission, St. Charles County and the City of St. Charles for the Construction of the I- 70 and Fifth Street Interchange Project with the City’s Cost Share to Increase from $2,491,075.00 to a Not to Exceed Amount of $4,361,300.01 (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on February 2, 2016 and is known as Ordinance 16-019 APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. City Council Work Session on Tuesday, January 19, 2016, 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 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) at 6:15 p.m. ROD HERRMANN 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. The Regular Council Meeting was adjourned at 7:47 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer