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St. Charles County Council Meeting

Date:
Monday 01/28/2013
Times:
07:00 PM
Place:
Executive Building
Address:
100 N. Third Street, St. Charles, MO
Category:
2013 Council Meetings

ST. CHARLES COUNTY COUNCIL
REGULAR MEETING
Monday, January 28, 2013
7:00 p.m.
EXECUTIVE BUILDING
COUNCIL CHAMBERS
100 N. THIRD STREET, ST. CHARLES, MO

“Tentative”

AGENDA AND MINUTES

INVOCATION
PLEDGE OF ALLEGIANCE – Dave Hammond
ROLL CALL
PUBLIC COMMENTS
ORAL REPORT FROM COUNTY EXECUTIVE
CONSENT AGENDA
Approval of Journal of the previous meeting (1-14-13)
Approval of Bids
Finance – Fleet Preventative Maintenance & Repairs/Firestone, A-One Repair, Mid-Missouri Car Care
                   and Valvoline
Sheriff – Annual software renewal/Information Technologies, Inc./$69,951.00
Approval of Nominations/Appointments
Planning & Zoning Commission – Nancy Matheny, Council Dist. 3/replace Joe Cronin, Council Dist. 1
Building Commission – Dave Hammond, Council Dist. 4/replacing Jerry Daugherty in Council Dist. 6
Shared Leave Bank – Jim Vieth – term expires 2/08/16/reappointment
Community Assistance Board – Darryl J. Sandweg – term expires 6-30-14/replacing Bryan Spencer
                                                – Cynthia Syberg – term expires 6-30-16/replacing Linda McPherson
Miscellaneous
Community Development – Change Order #1 for Asbestos Abatement Services
                                         – Cannon Excavation Co., LLC/$8,400
                                         – McKinney Trucking & Demolition, LLC/$4,560.00
                                         – Houska, Inc./$4,020.00 

ITEMS REMOVED FROM THE CONSENT AGENDA  

RESOLUTION NO. 13-01 – Support of naming the new bridge over the Mississippi River in Honor 
                                                  of Stan Musial 

BILLS FOR FINAL PASSAGE 

Bill No. 3931 – Appl. 16766 to rezone land from A, Agricultural District to C2, General Commercial
                             Highway T/Williams, applicant/contract purchaser and MODOT, owner

Bill No. 3932 – Cond. Use Permit #16766/Highway T/Warehouse to MODOT

Bill No. 3933 – Establishing the Ellerman Oaks Road Neighborhood Improvement Dist./order plans &
                             specifications and ordering a public hearing

Bill No. 3934 – Establishing the Rose Hill Estates Road Neighborhood Improvement Dist./order plans and
                             specifications and ordering a public hearing

Bill No. 3935 – Authorize Federal Project CMAQ-7302(636) w/Mo. Hwy. & Transp. Comm./traffic signal
                             installation at Central School Road & Highfield Drive/receipt of funds $156,000 

Bill No. 3936 – Authorize Federal Project CMAQ-7302(642) w/Mo. Hwy. & Transp. Comm./Traffic Signal
                             Upgrades project/receipt of funds $538,240

Bill No. 3937 – Authorize STP Agr./STP-7302(641) w/Mo. Hwy. & Transp. Comm./improvements to
                             Pralle Land from Kunze Drive east 2000 ft./roadway reconstruction, curb & gutter, storm
                             sewers, sidewalks and retaining wall

Bill No. 3938 – Amending an agr. approved by Ord. 11-055 w/Mo. Hwy. & Transp. Comm./Phase III - 
                             Missouri Route 364

Bill No. 3939 – Approving a new standard form polling place agreement & rates for the Election Authority

Bill No. 3940 – Grant Award under Blueprint for Safer Roadways Program w/Mo. Hwy Comm./$5,000.00

Bill No. 3941 – Approve an Intergovernmental Agr. w/the City of St. Charles for the extension of West Clay 

BILLS FOR INTRODUCTION           

Bill No. 3942 – Bid Award and Contract with Unisyn Voting Solutions for an Election Voting System in the
                             amount of $990,366.00 

TABLED BILLS  

ANNOUNCEMENTS/MISCELLANEOUS 

Posted: 01-25-13/D. Vogt

 


St. Charles County Council Journal
January28, 2013 

The St. Charles County Council met in the Council Chambers, 100 North Third Street, St. Charles, Missouri, at 7:00 p.m. on Monday, January 28, 2013. Matt Prose with Church on the Rock provided the Invocation. The Pledge of Allegiance was led by Council Member Hammond. 

The following roll call was taken by the Clerk:  

            Council Member Joe Cronin                           absent
            Council Member Joe Brazil                            absent
            Council Member Nancy Matheny                    present
            Council Member Dave Hammond                   present
            Council Member Terry Hollander                   present
            Council Member Mike Klinghammer              present
            Council Member John White                           present 

County Executive Staff present: 

            Steve Ehlmann, County Executive
            Joann Leykam, Director of Administration
            Don Boehmer, Director of Intergovernmental Affairs
            Jennifer George, Director of Policy Research and Development
            Greg Dohrman, Acting County Counselor 

IN THE MATTER OF                      

PUBLIC COMMENTS                   

Council Chair Hollander opened public comments and announced that anyone who wanted to address the Council on any topic please come forward with their comments. She requested comments be limited to three minutes per speaker with alternating pro and con positions on a particular topic and that anyone who addressed the County to please fill out a speaker’s card for the record. 

High Meadows Subdivision 

Michael Osborn, 4648 Kellykris Drive, St. Charles approached the Council with concerns relating to the High Meadows Home Owners Association (HOA). Osborn explained he has been dictated by the HOA to move his vehicles that allegedly is parked on the street for several hours per day and also explained several neighbors were sued by the HOA for various reasons. Osborn stated he had contacted the Sheriff’s Department regarding the parking of the vehicle and also reviewed the St. Charles County Code on parking regulations and noted there were none in place for this area. Osborn questioned if the HOA rules override the County’s laws. 

Council Member Matheny stated that was her district and she would contact Mr. Osborn on Tuesday, January 29th. 

Bill No. 3942 

A.C. Dienoff, County resident, explained this is the third time the Election Authority has come before the County Council with a bid request for election equipment. Dienoff pointed out the bill is for approximately $990,000 of tax dollars with no documentation attached to explain the reason for the purchase. Dienoff requested the County Council take their time in reviewing this request as it appears to be something the Election Department really does not need as the current machinery is working fine. Dienoff noted the County Audit regarding the Election Authority should be released for the public to view and also requested this Bill should be tabled for further review. 

Lindenwood University and West Clay Extension 

Tony Bethmann, 132 N. Main Street, St. Charles expressed concern regarding a contract for improvements to the West Clay Extension with the City of St. Charles. Bethmann explained this project started out as an extension of Fairgrounds Road to First Capital and with the request of various parties, the road was moved to accommodate Lindenwood University and SSM Health Center. Bethmann pointed out the various amounts of taxpayers’ money being wasted to benefit Lindenwood University. Bethmann requested the Council not vote on this bill which would send a message to DESCO and SSM to go back and review the plans which would be better for the taxpayer. 

There being no additional speakers, Public Comments ended at 7:17 p.m. 

IN THE MATTER OF        

THE ORAL REPORT        

FROM THE                        

COUNTY EXECUTIVE     

The County Executive had no report. 

IN THE MATTER                

OF THE                              

CONSENT AGENDA        

Council Chair Hollander asked if anyone had any items to be removed from the Consent Agenda. There was nothing removed. Council Member Matheny made a motion to approve the Consent Agenda as provided, seconded by Council Member Klinghammer and unanimously approved. The approved items are as follows: 

Approval of Journal of the previous meeting (1-14-13)
Approval of Bids
Finance – Fleet Preventative Maintenance & Repairs/Firestone, A-One Repair, Mid-Missouri Car Care
                   and Valvoline 
Sheriff – Annual software renewal/Information Technologies, Inc./$69,951.00
Approval of Nominations/Appointments
Planning & Zoning Comm. – Nancy Matheny, Council Dist. 3/replace Joe Cronin, Council Dist. 1     Building Commission – Dave Hammond, Council Dist. 4/replacing Jerry Daugherty in Council Dist. 6     Shared Leave Bank – Jim Vieth – term expires 2/08/16/reappointment
Community Assistance Board – Darryl J. Sandweg – term expires 6-30-14/replacing Bryan Spencer
                                                – Cynthia Syberg – term expires 6-30-16/replacing Linda McPherson
Miscellaneous
Community Development – Change Order #1 for Asbestos Abatement Services
                                         – Cannon Excavation Co., LLC/$8,400
                                         – McKinney Trucking & Demolition, LLC/$4,560.00
                                         – Houska, Inc./$4,020.00 

IN THE MATTER OF                   

BILLS FOR                                     

FINAL PASSAGE                          

Bill No. 3931 – Sponsored by Joe Brazil – An Ordinance amending the Zoning District Map of the County of St. Charles, Missouri, by rezoning land from A, Agricultural District to C2, General Commercial District as per Application 16766 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3931 was unanimously approved by the members present. 

Bill No. 3932 – Sponsored by Joe Brazil – An Ordinance granting Conditional Use Permit 16766 for a warehouse to Missouri Department of Transportation 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3932 was unanimously approved by the members present.

Bill No. 3933 – Sponsored by Joe Brazil – An Ordinance establishing the Ellerman Oaks Road Neighborhood Improvement District and ordering the preparation of plans and specifications, and ordering a public hearing 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3933 was unanimously approved by the members present. 

Bill No. 3934 – Sponsored by Nancy Matheny – An Ordinance establishing the Rose Hill Estates Road Neighborhood Improvement District, ordering the preparation of plans and specifications, and ordering a public hearing  

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3934 was unanimously approved by the members present. 

Bill No. 3935 – Sponsored by Council as a Whole – An Ordinance authorizing the County Executive to execute the CMAQ Program Agreement with the Missouri Highways and Transportation Commission for traffic signal installation at Central School Road and Highfield Drive, Federal Project CMAQ-7302(636), for receipt of funds up to the amount of $156,000 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3935 was unanimously approved by the members present. 

Bill No. 3936 – Sponsored by Council as a Whole – An Ordinance authorizing the County Executive to execute the CMAQ Program Agreement with the Missouri Highways and Transportation Commission for Traffic Signal Upgrades, Federal Project CMAQ-7302(642), for receipt of funds up to the amount of $538,240 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3936 was unanimously approved by the members present. 

Bill No. 3937 – Sponsored by Council as a Whole – An Ordinance authorizing the County Executive to execute Surface Transportation Program Agreement, Federal Project STP-7302(641), with the Missouri Highways and Transportation Commission for allocation of funds to 80 percent of the eligible costs up to a maximum amount of $488,000 for improvements to Pralle Lane – from Kunze Drive east 2000 feet, for roadway reconstruction, curb and gutter, storm sewers, sidewalks, retaining wall 

Council Member Matheny made a motion to amend the 3rd WHEREAS as follows: 

…consistent with the goals of CMAQ STP funding; and… 

Council Member Hammond seconded the motion and it was unanimously approved by all members present.  

There being no further discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Amended Bill No. 3937 was unanimously approved by the members present. 

Bill No. 3938 – Sponsored by Council as a Whole – An Ordinance amending an agreement with the Missouri Highways and Transportation Commission for Phase III/Missouri Route 364 previously approved by Ordinance No. 11-055 

Council Member Matheny requested a brief review on this bill. County Executive Steve Ehlmann explained in 2005 there was land in Cottleville that was rezoned from A-Agricultural which was land that was in the Page Ave. Extension right-of-way. The County requested this land not be rezoned, however it was and was purchased for $3 Million. Two years later MODOT had a chance to purchase the land back for $3 Million however they did not have the funds. Now that right-of-way is being obtained. The condemnation process is in place and after several hearings the land could be purchased back for approximately $9 Million. After discussions with MODOT, they can contribute half the money, St. Charles County Road Board can contribute $2.4 Million and after discussions with O’Fallon, they can contribute the remaining $2.5 Million.   Ehlmann thanked the O’Fallon Mayor and Council Members for their generous consideration regarding Page Avenue Extension. 

There being no further discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3937 was unanimously approved by the members present. 

Bill No. 3939 – Sponsored by Nancy Matheny – An Ordinance approving a New Standard Form Polling Place Agreement and rates for use by the Director of Elections in contracting on an annual basis with owners of appropriate buildings for use of space in them as polling places  

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3939 was unanimously approved by the members present. 

Bill No. 3940 – Sponsored by Nancy Matheny – An Ordinance authorizing the County Executive to execute grant award BPCSL15Z under the Blueprint for Safer Roadways Program Agreement from the Missouri Highways and Transportation Commission for receipt of funds up to the amount of $5,000 to support Regional Blueprint for Roadway Safety Activities, specifically seatbelt enforcement overtime during State Fiscal Year 2013 ending June 30, 2013 

There being no discussion, Council Chair Hollander requested the following roll call vote: Council Member Cronin – absent, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Hammond – yes, Council Member Hollander – yes, Council Member Klinghammer – yes, Council Member White – yes. Bill No. 3940 was unanimously approved by the members present. 

Bill No. 3941 – Sponsored by Council as a Whole – An Ordinance approving an Intergovernmental Agreement with the City of St. Charles for the extension of West Clay 

Council Member Klinghammer made a motion to table Bill No. 3941 because the discussions between St. Charles City and St. Charles County are not finalized, seconded by Council Member Hammond and unanimously approved by all members present. 

IN THE MATTER OF                   

BILLS FOR                                 

INTRODUCTION                          

Bill No. 3942 – Sponsored by Terry Hollander – An Ordinance authorizing a bid award to and a contract with Unisyn Voting Solutions for an election voting system for use in elections in the amount of $990,366.00 

Councilman Matheny requested an explanation of why this bill is being introduced off-cycle with no exhibits attached. Bob Schnur, Finance Director explained there is a $129,000 grant that expired on 12/31/12 and has been extended to 2/14/13 due to the efforts of Rich Chrismer, Election Authority Director. Schnur pointed out in order to make the grant deadline, this was necessary to introduce off-cycle. Schnur noted due to the calculating of the bids, the contract was not available for introduction however it will be made available before final passage if not before.  

Councilman Hammond requested Election Authority Rich Chrismer to explain why this election equipment is necessary. Chrismer explained the current equipment is just simply wearing out. Their offices had some roof leaking issues and it is time to replace the equipment. Chrismer pointed out the Election Commission also suggests replacing machines that wear out. Chrismer stated the optical scan equipment looks very much the same as the equipment now, however the ADA for the blind equipment looks a lot different. Chrismer also pointed out there is an additional $49,999.00 grant available for the purchase of this equipment that will expire on 12/31/13. Chrismer also noted the bid from Unisyn is lower than their bid last year. 

Councilman Klinghammer stated he has an issue of receiving a bill with no backup documentation to it and requested a complete copy of all the backup information be provided as quickly as possible. 

County Executive Steve Ehlmann requested Finance Director Bob Schnur recap the current bids and past bids with the Council. Schnur explained back in 2012 when the County Executive vetoed the bill for the purchase of the election equipment there was only one certified vendor. After many conversations with other potential vendors both 2002 and 2005 certified, the county received two bids. One is qualified, the other is only 2002 certified, however with the delay in waiting to have an additional bidder, the bid from Unisyn came in lower than the prior year. Schnur pointed out a couple of options, one being the County can purchase part of the 130 machines to take advantage of the $129,000 grant and possibly purchase more at the end of the year, however the price may increase.  

Councilman Klinghammer questioned what the difference was with the 2002 certified machines and the 2005 certified machines. Finance Director Bob Schnur replied they look the same, however it is the security within the machines that is dramatically different. Klinghammer questioned what does the County do with the machines not being used due to less polling places. Election Authority Director Rich Chrismer stated they recycle the machines. Chrismer explained it was suggested to him to only purchase a few machines. Chrismer indicated a partial purchase would not work within his department because of two different set of directions and maintenance issues. Klinghammer requested the bids, bid specs, contracts and any other documents regarding this bill be delivered to him before this bill comes before the Council in final form. Chrismer indicated he would provide that information.  

IN THE MATTER OF                                                           

TABLED BILLS         

There were no Tabled Bills.

IN THE MATTER OF             

ANNOUNCEMENTS AND          

MISCELLANEOUS                        

County Executive Steve Ehlmann congratulated the Council on the passage of the support for naming the bridge over the Mississippi River after the legendary Stan Musial. 

There being no further discussion, Council Member Matheny made a motion to adjourn, seconded by Council Member Klinghammer and unanimously approved. The meeting adjourned at 8:04 p.m. 

                               Examined and Approved ________________________________________

                                                                       Terry Hollander, County Council Chair
                                                                       St. Charles County, Missouri

 

 

/djv

 

 

 

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