City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, August 2, 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 and Jerry Reese. Absent: Ron Stivison and Mary West. 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. Z-2016-4. (Lisa James) An application to rezone upon annexation a 0.85 acre tract of land known as 137 Diekamp Lane, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1D Single-Family Residential District. The property will be located in Ward 4 upon annexation. (This Public Hearing to be Held and Remain Open until the August 16, 2016, Regular City Council Meeting per Applicant’s Request – RCA Attached) B. Case No. CU-2016-23. (ExteNet System, Inc. – Joe Markus) An application for a Conditional Use Permit from §400.150(D)(1)(n) for a telecommunication antenna within the R-1E Single-Family Residential District located on the west side of Thrush Drive within City right-of-way of said street, approximately 180 feet south of the intersection of Thrush Drive and Longbow Trail. The subject property is located in Ward 10. (RCA Attached) C. Case No. CU-2016-24. (ExteNet System, Inc. – Joe Markus) An application for a Conditional Use Permit from §400.150(D)(1)(n) for a telecommunication antenna within the R-1C Single-Family Residential District located on the east side of Lee Drive within City right-of-way of said street, approximately 150 feet south of the intersection of Glendale Avenue. The subject property is located in Ward 8. (RCA Attached) D. Case No. TA-2016-4. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.310 specifically to change the allowable boundaries for a RPPD Residential Permit Parking District from learning institutions with students of driving age from five hundred (500) feet to one thousand (1,000) feet. (Council Bill 11967) E. Case No. PDA-2016-02. (Original Case No. Z-2013-2). An application to amend the previously approved Preliminary Development Plan and Development Agreement for The West Clay Senior Living Facility within the PD-R Planned  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ Development-Residential District (Council Bill 11974) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Grant Checks to the Following Recipients by the City Council Grant Committee: Shelter Friends (Councilmember John Hanneke presenting) Dawn Dulle, representing Shelter Friends provided a brief overview of how the grant funds will be utilized for the benefit of the residents of the City of Saint Charles. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith announced upcoming events taking place in the City of Saint Charles. For more information on these and other events, visit www.historicstcharles.com. PUBLIC COMMENT Nancy Cope, representing Habitat for Humanity located at 186 Mid Rivers Center, St. Peters, Missouri, thanked the Mayor and City Councilmembers for the past support, provided an update on their 19 years of services and requested to partner in the future on properties. RESOLUTIONS 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) Director of Information Technology Matthew Seeds reported item #2616 on the attached Exhibit A is to be removed from the list. A motion was made by LAURIE FELDMAN to amend the Resolution to remove item #2616 Mobile Hotspot AT& T Sierra Wireless from the list of items as outlined on Exhibit A of the Resolution. JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, Reese, Beckering, Besselman, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: Stivison and West. Motion passed. Passed “Aye”: Ohms, Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Resolution R16-036 BILLS FOR FINAL PASSAGE Bill 11958 An Ordinance Amending Section 645.080 of the Code of Ordinances of the City of St. Charles to Increase the Maximum Number of Taxi Cabs Operated by the Holder of a Taxicab Operator’s License From Forty (40) to Fifty (50) (Sponsor: Ron Stivison) Councilmember Laurie Feldman requested a separate vote on Council Bill 11958. Discussion was held relative to regulating the fees/prices and policing powers. It was recommended the code section regarding taxi cabs be reviewed and brought up to date. A motion was made by  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ DAVE BECKERING to hold Council Bill 11958 to the August 16, 2016, Regular City Council Meeting. Discussion ensued. Councilmember Beckering withdrew his motion and asked Administration and Legal Department to research and answer the questions brought up this evening and present at a future council work session for further discussion. Passed “Aye”: Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: Feldman Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-152 Bill 11959 An Ordinance Authorizing an Amendment to the Labor Agreement between the City of St. Charles, Missouri and the International Association of Fire Fighters Local 757 to Provide Dr. Martin Luther King, Jr., Day as a Recognized City Holiday (Sponsors: Mary Ann Ohms, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Rod Herrmann, Ron Stivison and Bridget Ohmes) Councilmember Tom Besselman requested a separate vote on Council Bill 11959. Passed “Aye”: Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: Besselman Absent: West and Stivison Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-153 Bill 11960 An Ordinance Authorizing Amendment Number 1 to the Contract with HD Supply Waterworks, Ltd. for the Purchase of Additional Water Supplies Used by the Water Division in an Amount of $100,000.00, for a Total Contract Amount Not to Exceed $265,000.00 (Sponsor: Rod Herrmann) Passed “Aye”: Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-154 Bill 11961 An Ordinance Authorizing Supplemental Agreement No. 1 to the Engineering Services Contract with Bax Engineering Company to Provide Additional Engineering Services for Preparation of Construction Plans for the First Capitol Drive Enhancement Project in an Amount of $15,631.48, for a Total Contract Amount Not to Exceed $115,391.68 (Sponsors: Tom Besselman and Mary Ann Ohms) Councilmember Tom Besselman requested a separate vote on Council Bill 11961. Discussion was held regarding the bump-out and walk way to the south, parking spaces and contact with property owners.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ Passed “Aye”: Beckering, Feldman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: Besselman Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-155 Bill 11962 An Ordinance Approving the Record Plat for Springwell Village Plat Three, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Passed “Aye”: Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-156 Bill 11963 An Ordinance Approving a Six Year Second Renewal and Extension Contract with Allied Services, LLC for the Provision of Solid Waste Collection and Disposal Services (Sponsors: Mary Ann Ohms, Laurie Feldman, Mary West, Bridget Ohmes, Jerry Reese, John Hanneke, Rod Herrmann and Ron Stivison) Passed “Aye”: Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-157 Bill 11964 An Ordinance Ordering That Assessments Be Made Against Benefited Properties Situated Within a Portion of the New Town at St. Charles Phase Ten Neighborhood Improvement District Based Upon Estimated Costs of Certain Improvements Within the District; Ordering Preparation of an Assessment Roll for Said Area; and Calling for a Public Hearing and Providing Direction for the Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act (Sponsors: Rod Herrmann and Mary Ann Ohms) Passed “Aye”: Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-158 Bill 11965 An Ordinance Authorizing a Contract with Jacobs Engineering Group, Inc. to Provide Engineering Services for the Design of the MO 370 Discovery Bridge Shared Use Path  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ Project and the Blanchette Bridge Pedestrian Path Project in an Amount Not to Exceed $515,000.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Reese, Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Stivison and West Approved by the Honorable Mayor on August 3, 2016 and is known as Ordinance 16-159 ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the September 13, 2016, Council Work Session due to the Missouri Municipal League Annual Conference being held on September 11-14, 2016 (referred by Council President Mary Ann Ohms) A motion was made by LAURIE FELDMAN to reschedule the September 13, 2016 Council Work Session to Tuesday, September 27, 2016. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. Councilmember Bridget Ohmes requested the September 13, 2016, Street Committee Meeting also be rescheduled to Tuesday, September 27, 2016. BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11966 An Ordinance Ordering Approving a Certain Development Finance Agreement in Connection with Improvements for a Portion of the New Town at St. Charles Phase Ten Neighborhood Improvement District; Authorizing the Mayor of the City to Execute and Deliver the Development Finance Agreement on Behalf of the City; and Providing Further Authority (Sponsors: Rod Herrmann and Mary Ann Ohms) Bill 11967 An Ordinance Amending Section 400.310 Pertaining to Residential Parking Permit Districts (Sponsor: Mary Ann Ohms) Bill 11968 An Ordinance Authorizing a Cooperation Agreement by and between the Metropolitan Park and Recreation District, d/b/a The Great Rivers Greenway District and the City of St. Charles, Missouri for the Construction, Operation and Maintenance of Centennial Greenway: Bridges Over Highways 364/94 (Sponsor: Mary West) Bill 11969 An Ordinance Amending Section 605.030 of the Code of Ordinances of the City of St. Charles Relative to Doing Business Without a License or Payment of a License Fee (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ Bill 11970 An Ordinance Authorizing an Engineering Services Contract with EFK Moen, LLC to Provide Engineering Services for the Highway 370 and Mel Wetter Parkway Interchange Study in an Amount Not to Exceed $149,932.00 (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11971 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Friedens at 94 Intersection Improvements Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Laurie Feldman) Bill 11972 An Ordinance Authorizing Supplemental Agreement Number 1 to the Engineering Services Contract with Lochmueller Group, Inc. to Provide Additional Engineering Services for the Downtown Area Water Distribution Study in an Amount of $29,200.00, for a Total Amount Not to Exceed $106,200.00 (Sponsors: Rod Herrmann, Mary Ann Ohms and Tom Besselman) Bill 11973 An Ordinance Amending Code of Ordinances Section 705.070 Regarding Sewer Back Up Claims (Sponsor: Dave Beckering) Bill 11974 An Ordinance Amending the Preliminary Development Plan and Development Agreement for West Clay Senior Living Facility Located Within the PD-R Planned Development Residential District (Sponsor: Ron Stivison) Bill 11975 An Ordinance Authorizing All Way (4 Way) Stop Signs at Multiple Intersections Located Within The New Town at St. Charles (Sponsor: Rod Herrmann) Bill 11976 An Ordinance Amending Ordinance No. 16-022 Relating to the Dissolution of the Special Allocation Fund for the Amended St. Charles Center Tax Increment Financing District Redevelopment Area (Sponsors: Mary Ann Ohms and Tom Besselman) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the September 13, 2016, Council Work Session due to the Missouri Municipal League Annual Conference being held on September 11-14, 2016  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ A motion was made by LAURIE FELDMAN to reschedule the September 13, 2016, Council Work Session to Tuesday, September 27, 2016, due to the Missouri Municipal League Annual Conference being held the week of September 11th. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. File #48613 Councilmember Bridget Ohmes announced the Street Committee Meeting scheduled for Tuesday, September 13th will also be moved to Tuesday, September 27th. 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”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Beckering. “Nay”: None. Absent: Stivison and West. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of July 12, 2016 2. Regular Council Meeting of July 19, 2016 3. Public Hearing of July 5, 2016 File #48614 4. Public Hearing of July 19, 2016 File #48615 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of July 12, 2016 File #48498 b. Council Work Session of July 12, 2016 File #48489 c. Council Work Session of July 12, 2016 File #48489 d. Council Work Session of July 19, 2016 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of July 12, 2016 b. Motion to table Item #11 Discussion Relative to Weight/Load Restriction Signage on Elm Street, to the August 2016 Street Committee meeting ii. Motion to table Item #13 Discussion Relative to Direction of Painting Curbs Yellow When There are No Parking Signs and Removing the No Parking Signs if the Curbs are Painted Yellow to the August 2016 Street Committee meeting  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ b. Council Work Session of July 12, 2016 (none) c. Council Work Session of July 12, 2016 i. Motion to adjourn the City Council Work Session (failed) ii. Motion to table Item #5 Discussion Relative to Amending Chapter 400 of the Code of Ordinances by Amending Sections 400.050, 400.150 and 400.180 Relative to Shipping Container Structures to the August 9, 2016 City Council Work Session d. Council Work Session of July 19, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Senior Citizen Advisory Commission Meeting of June 14, 2016 File #48510 2. Senior Citizen Advisory Commission Meeting of May 10, 2016 File #48510 3. Special Business District Advisory Board Meeting of June 2, 2016 File #48511 4. Housing Authority Meeting of May 17, 2016 File #48541 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Water Distribution Worker Position in Public Works Department File #48616 2. Authorization to Fill Vacant Waterworks Meter Reader Position in Public Works Department File #48617 3. Authorization to Fill Vacant Sewer Maintenance Worker Position in Public Works Department File #48618 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Putnam Chevrolet, Inc. for Two (2) new 2016 Model Year Chevrolet Colorado 4X4 Extended Cab Pickups in an Amount not to Exceed $52,206.00 C16-453 2. Fourth Renewal Contract with Shea, Kohl & Alessi, L.C., d/b/a Shea, Kohl, Alessi & Kuhl, L. C., for Municipal Prosecution Services for 2017 in an Amount not to Exceed $54,000.00 C12-662 F. Preliminary Plats (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 2, 2016 ______________________________________________________________________________ G. Miscellaneous 1. Report of the Court Administrator of Monies Collected and Deposited during the Month of June 2016 File #48516 2. Approval of Liquor License Application for James G. Rushford, d/b/a: Ruler #411, located at 2458 West Clay Street File #48531 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese announced the St. Charles Police Department will be unveiling its new prescription drop off vault that has been installed inside the St. Charles Police Station located at 1781 Zumbehl Rd. on Wednesday August 3rd at 11:30 am. Councilmember Jerry Reese reported the Police Department open house held on Sunday, July 31st was a huge success. It was determined over 2,000 people were in attendance. Councilmember Reese suggested this be a re-occurring event. Councilmember Jerry Reese reported that Councilmember Tom Besselman and his wife Cindy own and operates a business called Renewed Treasures here in the City of Saint Charles and that all the proceeds they earned this past Saturday was donated to the police officer from Ballwin, Missouri, who was recently shot and paralyzed. 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, July 12, 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 6:30 p.m. LAURIE FELDMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Beckering and Besselman. “Nay”: None. Absent: Stivison and West. Motion passed. The Regular Council Meeting was adjourned at 7:57 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer