City Council

AGENDA Regular Session of the City Council of the City of Saint Charles, Missouri Council Chambers – 4th Floor – City Hall – 200 North Second Street Tuesday, August 16, 2016 7:00 p.m. 1. ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING 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 Remain Open until the September 6, 2016, Regular City Council Meeting – RCA Attached) B. New Town at St. Charles Phase Ten Neighborhood Improvement District Infrastructure Project – Phase Ten-B Proposed Improvements and Assessments (RCA Attached) 4. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS A. Presentation of Proclamation to Children’s Home Society of Missouri B. Presentation of Proclamation to Ambassadors of Harmony C. Appointments to Boards/Commissions/Committees D. Written and/or Verbal Messages from the Mayor 5. PUBLIC COMMENT A. Reading of Written Petitions, Memorials, and Remonstrances B. Public Comment Relative to Agenda Items C. Public Comment Relative to City Issues NOTE: To address the Council, please complete a speaker card and present to the City Clerk prior to the meeting. 6. RESOLUTIONS A. A Resolution Declaring Certain Fire Department Equipment Surplus Property and Authorizing Donation of Same to the Orchard Farm Fire Protection District which is in need of this Equipment via the Missouri Division of Fire Safety (Sponsor: Mary Ann Ohms) B. A Resolution Declaring Certain Fire Department Equipment as Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsor: Mary Ann Ohms) 7. BILLS FOR FINAL PASSAGE 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 1 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) 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) 2  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) 8. BILLS FOR INTRODUCTION Bill 11977 An Ordinance Amending Chapter 600 Pertaining to Alcoholic Beverages to Amend Existing Sections and Add a New Section To Be Known As Section 600.145 Pertaining to Pub Crawls (Sponsor: Mary Ann Ohms) Bill 11978 An Ordinance Authorizing the Partial Vacation of an Existing Public Utility Easement, Consisting of Approximately 105 Square Feet of Land Located on Part of Lot B of South Drive Tower Subdivision, Also Known as 1562 Veterans Memorial Parkway (Sponsor: Laurie Feldman) Bill 11979 An Ordinance Ordering that Certain Improvements Within the New Town at St. Charles Phase Ten Neighborhood Improvement District of the City Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant to the Neighborhood Improvement District Act (Sponsors: Rod Herrmann and Mary Ann Ohms) Bill 11980 An Ordinance Amending Ordinance No. 16-147 by revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” To Add Casey Lindsey as the designated Convention Sales Manager (Sponsor: Mary Ann Ohms) Bill 11981 An Ordinance Authorizing a Contract with Bi-State Utilities Company for the Pralle Lane 38FF Water Upgrade Project in an Amount Not to Exceed $478,852.00 (Sponsor: Laurie Feldman) Bill 11982 An Ordinance Amending Code of Ordinances Sections 120.220 and 120.230 Pertaining to the Public Works Department and Enacting a New Article to Be Known as Article XIII Consisting of Three New Sections Establishing a Department of Engineering (Sponsor: Mary Ann Ohms) 3  Bill 11983 An Ordinance Repealing Ordinance No. 2016-135 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Establishing the Department Director Position of Director of Engineering; Deleting Exempt Positions; Creating Exempt and Non-Exempt Positions and Grades; and Providing for an Effective Date (Sponsor: Mary Ann Ohms) 9. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION A. Approval to Reallocate $28,883.91 from Council Directives Account to the General Revenue Fund (referred by Councilmember Dave Beckering) 10. CONSENT AGENDA A. Approval of Council Minutes 1. Regular Council Meeting of August 2, 2016 2. Public Hearing of August 2, 2016 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Technology Committee Meeting of August 2, 2016 b. Council Work Session of August 2, 2016 2. Approval of Council Committee Motions/Actions/Recommendations a. Technology Committee Meeting of August 2, 2016 (none) b. Council Work Session of August 2, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of May 16, 2016 2. Landmarks Board Meeting of June 20, 2016 3. Veterans Commission Meeting of June 13, 2016 4. Board of Public Works Meeting of June 27, 2016 5. Planning and Zoning Commission Meeting of June 27, 2016 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Position in Fire Department 2. Council Confirmation of Craig Dodson as Fire Chief 3. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – July, 2016 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Madden Preprint Media, LLC for the 2016 Saint Charles Digital Marketing Campaign FY 16-FY 17 in an Amount not to exceed $70,000.00 2. Contract with Motorola Solutions, Inc. for a MCC 7500 Dispatch Console to include the Equipment, Software, Hardware and Installation Services in an Amount not to exceed $43,922.00 4  3. Contract Amendment No. 2 with Law Office of Stephen A. Martin for Legal Services Associated with Condemnation Proceedings for the Acquisition of Real Estate Rights for the Fifth Street Gateway Improvement Project in the Amount of $25,000.00 for a Total Contract Amount of $55,000.00 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administrator of Monies Collected and Deposited during the Month of July 2016 2. June and July 2016 Investment Reports 11. ITEMS REMOVED FROM CONSENT AGENDA 12. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS A. Update from Council Liaisons on Boards/Commissions/Committees B. Written and/or Verbal Messages from the Council Members 13. EMERGENCY ORDINANCES (none) 14. TABLED BILLS (none) 15. APPROVAL OF CLOSED MINUTES A. Work Session of the City Council on Tuesday, July 5, 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), preparation, including any discussions or work product, on behalf of the Council or 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) at 6:30 p.m. B. Work Session of the City Council on Tuesday, July 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 confidential or privileged communications between a public governmental body and its auditors (RSMo 610.021.17) at 7:00 p.m. C. Work Session of the City Council on Tuesday, August 2, 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 promotion of particular employees when information relating to the performance or merit of individual employees is discussed or recorded at 6:00 p.m. 5 16. CLOSED SESSION, if requested, relative to: A. Legal actions, causes of action, or litigation (RSMo 610.021.1) B. Leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) C. Hiring, firing, disciplining or promotion of particular employees by a public governmental body when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) D. Preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) E. Sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) F. Confidential or privileged communications between a public governmental body and its auditor (RSMo 610.021.17) The City of St. Charles offers all interested citizens the opportunity to attend public meetings and comment on public matters. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of The City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949- 3282 or 636-949-3289 (TTY – for the hearing impaired). The City of St. Charles, Missouri, fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information, or to obtain a Title VI Complaint Form, please call the City Clerk’s Office at (636)949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. Posted: Friday, August 12, 2016 - 5:00 p.m. 6  PUBLIC HEARING Before the City Council of the City of Saint Charles, Missouri August 2, 2016 ______________________________________________________________________________ On Tuesday, August 2, 2016, a Public Hearing was held on the following items at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, St. Charles, Missouri, 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 and Jerry Reese. Absent: Stivison and West. City Clerk Laura Whitehead was present and performed the duties of that office. PUBLIC HEARING 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) There were no public comments on this item. Case No. Z-2016-4 is to remain open until the August 16, 2016 Regular City Council Meeting per Applicant’s request. 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) Joe Markus, 204 Mattina Court, St. Peters, Missouri, representing the Applicant, spoke in favor of Case No. CU-2016.23. Discussion was held relative to the number of and placement of electrical boxes on poles. Concerns were voiced by the Council regarding electrical boxes remaining above ground when current road projects are locating utilities underground. It was mentioned if an electrical box is located above ground and the City begins construction on a road and project states the utilities will be located underground, these electrical boxes will be re-located underground at no cost to the City. There being no further comments, a motion was made by BRIDGET OHMES to approve the 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, with the following conditions: 1. The conditional use permit is issued for the antenna location as shown in the construction drawings, more specifically located on the west side of Thrush Drive within the right-of-way of said road, approximately 180 feet south of the intersection of Thrush Drive and Longbow Trail. 2. Antenna height shall not exceed 41 feet 2 inches AGL (above ground level).  3. Relocation of pole would require relocation of antenna at no cost to the City of St. Charles. 4. If utilities are undergrounded in the area, antenna owner would have to relocate to another structure at no cost to the City of St. Charles. 5. Per Section 400.470, the antenna shall be painted to match the color of the utility pole to which it is affixed. 6. Obtain any and all necessary approvals for locating/construction within the City’s right- of-way. 7. Prior to installation, proof of legal right to locate the requested equipment/structure in the right of way. 8. Prior to installation, proof of consent or authorization from utility presently located in the right of way to locate the applicant’s equipment/structure onto that utility’s existing structure, where applicable. 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. 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) Joe Markus, 204 Mattina Court, St. Peters, Missouri, representing the Applicant, spoke in favor of Case No. CU-2016.24. There being no further comments, a motion was made by ROD HERRMANN to approve the 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, with the following conditions: 1. The conditional use permit is issued for the antenna location as shown in the construction drawings, more specifically located on the east side of Lee Drive within the right-of-way of said road, approximately 150 feet south of the intersection of Lee Drive and Glendale Avenue. 2. Antenna height shall not exceed 41 feet 2 inches AGL (above ground level). 3. Relocation of pole would require relocation of antenna at no cost to the City of St. Charles. 4. If utilities are undergrounded in the area, antenna owner would have to relocate to another structure at no cost to the City of St. Charles. 2  5. Per Section 400.470, the antenna shall be painted to match the color of the utility pole to which it is affixed. 6. Obtain any and all necessary approvals for locating/construction within the City’s right- of-way. 7. Prior to installation, proof of legal right to locate the requested equipment/structure in the right of way. 8. Prior to installation, proof of consent or authorization from utility presently located in the right of way to locate the applicant’s equipment/structure onto that utility’s existing structure, where applicable. DAVE BECKRING 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. 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) There being no comments, a motion was made by DAVE BECKERING to close the public hearing, to receive the staff reports, and to have the appropriate legislation presented for Council consideration. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Beckering, Besselman and Feldman. “Nay”: None. Absent: Stivison and West. Motion passed. 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 Development- Residential District (Council Bill 11974) Doug Whitlock with Phoenix Real Estate, 600 Washington Avenue, St. Louis, Missouri, representing the Applicant, spoke in favor of Case No. PDA-2016-02. Anita Wessling, 6 White Oaks Lane, St. Charles, Missouri, spoke in opposition to Case No. PDA- 2016-02. Discussion was held relative to water run-off issues due to the development as reported by Ms. Wessling. Administration was directed to obtain a report from the Department of Community Development and the Department of Public Works with their findings related to the water run-off issues and to present the report to the City Councilmembers prior to final passage of Council Bill 11974. There being no further comments, a motion was made by DAVE BECKERING to close the public hearing, to receive the staff reports, and to have the appropriate legislation presented for Council consideration. TOM BESSELMAN seconded the motion. A roll call vote was taken, with the 3 following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: Stivison and West. Motion passed. The Public Hearing was adjourned at 7:23 p.m. ______________________________ Date Approved ______________________________ ________________________________ City Clerk Mary Ann Ohms, Presiding Officer 4