City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, February 16, 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. 4 (Council Bill 11852) Mayor Faith reported Budget Amendment No. 4 is being introduced tonight and should anyone have questions regarding Council Bill 11852 to contact the Finance Director Gina Jarvis. File #48500 Written and/or Verbal Messages from the Mayor Mayor Faith announced there are many events taking place in the City at this time. For information on “what’s happening” visit www.historicstcharles.com PUBLIC COMMENT Al Heinermann, 196 NW Industrial Court, representing Progressive Waste Solutions, spoke on the topic of Solid Waste Bidding Opportunity. RESOLUTIONS A Resolution Establishing a Policy Regarding the Use of Gaming Funds for Recurring Operational Expenses and the Number of Full-time City Employees (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Ron Stivison, Rod Herrmann and Bridget Ohmes) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on February 17, 2016 and is known as Resolution R16-006 A Resolution Authorizing Submittal of 2016 Project Applications for Surface Transportation Program-Suballocated (STP-S) and Congestion Mitigation and Air Quality Improvements (CMAQ) Funding Available Through East West Gateway  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ Council of Governments (EWGCOG) (Sponsors: Tom Besselman, John Hanneke, Rod Herrmann and Bridget Ohmes) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on February 17, 2016 and is known as Resolution R16-007 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 17, 2016 and is known as Resolution R16-008 BILLS FOR FINAL PASSAGE 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) Councilmember Jerry Reese requested a separate vote on Council Bill 11833. Councilmember Reese voiced concerns relative to Council Bill 11833. Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Stivison, West, Beckering, Besselman and Feldman “Nay”: Reese Absent: None Approved by the Honorable Mayor on February 17, 2016 and is known as Ordinance 16-032 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-033  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-034 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-035 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, Mary West, John Hanneke, Jerry Reese, Rod Herrmann, Ron Stivison and Bridget Ohmes) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-036 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) 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 16, 2016 ______________________________________________________________________________ Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-037 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-038 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-039 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-040 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-041  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ Bill 11843 An Ordinance Amending Section 510.280 of the Code of Ordinances Pertaining to Storm Water Construction Standards (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 18, 2016 and is known as Ordinance 16-042 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-043 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 17, 2016 and is known as Ordinance 16-044 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) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 18, 2016 and is known as Ordinance 16-045 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ and the Police Sergeants Bargaining Unit for the Period March 1, 2016 through December 31, 2018 (Sponsors: Mary Ann Ohms and Laurie Feldman) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on February 17, 2016 and is known as Ordinance 16-046 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11850 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2016 Events of Honduran Street Party Run, StreetsFest Concerts, RibFest, Hollywood Dash and Mosaics Festival (Sponsors: Mary Ann Ohms, Ron Stivison and Rod Herrmann) Bill 11851 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Music on Main 2016 Event; Authorizing an Agreement with the Historic Downtown Business Association for the Purpose of Conducting the Music on Main Special Event from May Through September 2016, Which Shall Include the Placing of Booths on a Portion of the Main Street Sidewalk for the Dispensing of Alcoholic Beverages and Sale of Food to the Public, and the Providing of Live Entertainment (Sponsors: Mary Ann Ohms and Ron Stivison) Bill 11852 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 #4) (Sponsor: Mary Ann Ohms) Bill 11853 An Ordinance Approving the Record Plat for Resubdivsion of Hempstead Cottage Villas Garages, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 11854 An Ordinance Authorizing Amendment No. 16 to the Contract with Lewis Rice LLC to Provide Legal Services Related to Employment Law Matters in an Amount of $15,000, for a Total Contract Amount Not to Exceed $130,000 (Sponsor: Mary Ann Ohms) Bill 11855 An Ordinance Approving the Record Plat for Streets of St. Charles Amended Plat Seven, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ Bill 11856 An Ordinance Changing the Name of the Street Denoted as Council Drive to Suellentrop Drive (Sponsors: Bridget Ohmes, Mary Ann Ohms, Tom Besselman, Ron Stivison and Rod Herrmann) Bill 11857 An Ordinance Authorizing a Contract with NB West Contracting Company for the Kingshighway Signalization Improvement Project in an Amount Not to Exceed $962,622.44 (Sponsors: Mary Ann Ohms and Ron Stivison) Bill 11858 An Ordinance Authorizing a Director of Administration Employment Agreement Between the City of St. Charles, Missouri and Lawrence S. Dobrosky, Jr., and Confirming the Appointment as Director of Administration (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. RON STIVISON 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. Regular Council Meeting of February 2, 2016 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of February 2, 2016 File #48489 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of February 2, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Greater Saint Charles Convention & Visitors Commission Meeting of December 10, 2015 File #48355 2. Fair Housing Commission Meeting of October 15, 2015 File #48342 3. Planning and Zoning Commission Meeting of December 21, 2015 File #48359  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ 4. Board of Adjustment Meeting of January 4, 2016 File #48502 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – January, 2016 File #48503 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Supplemental Agreement No. 1 with Bax Engineering Company, Inc. for Additional Services on the 15WTR3 I-70 and Fifth Street Interchange Waterline Relocation Project in the Amount not to Exceed $14,138.00 for a Total Contract Amount not to Exceed $41,983.00 C15-706 2. Supplemental Agreement No. 2 with EFK Moen, LLC for Additional Services on the S. Fairgrounds and S. Fifth Street Reconstruction Conceptual Roadway Plans Project in the Amount not to Exceed $15,180.00 for a Total Contract Amount not to Exceed $55,625.00 C14-785 3. Contract with Novatime Technology, Inc. for Time and Attendance Software and Hardware Maintenance in an Amount not to exceed $39,562.50 C16-098 F. Preliminary Plats (none) G. Miscellaneous 1. Payment No. 2 for Maintenance of Countywide 911 System for Calendar Year 2016 File #48504 2. Approval of Electronic Message Sign for Country Club Carwash at 1700 Ford Lane File #48505 3. Approval of Electronic Message Sign for Phillips 66 at 2675 West Clay Street File #48506 4. Approval of Liquor License Application for Mark S. Lovelace, d/b/a, The Lounge located at 218 North Main Street File #48507 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS There were no councilmember announcements.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI February 16, 2016 ______________________________________________________________________________ The Regular Council Meeting was adjourned at 7:23 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer