City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, June 2, 2015 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, 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, Jerry Reese and Ron Stivison. Absent: Mary West. City Clerk Laura L. Whitehead was present and performed the duties of that office. File # 48303 The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. A motion was made by LAURIE FELDMAN to excuse the absence of Councilmember Mary West. ROD HERRMANN seconded the motion. All voted in favor, motion passed. Council President Ohms announced agenda item 4B Presentation of the 2015 Jack Heck Award to Baue Funeral Homes will be addressed at this time. The Honorable Mayor Faith invited Economic Development Director David Leezer and Mike Heck and family to the podium at this time. Director Leezer provided a brief background on the Jack Heck Award and announced Baue Funeral Homes as the recipient of the 2015 Jack Heck Award. Mike Heck, son of Jack Heck and Emily Heck, wife of Jack Heck presented the Award to John Baue Devaney, Vice President of Baue Funeral Homes. After the conclusion of the presentation of the 2015 Jack Heck Award, Director Leezer introduced the new president of Lindenwood University, Michael D. Shonrock to the City Council. PUBLIC HEARINGS 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. CU-2015-8 (Greg Rogers – Quiktrip) An Application for a Conditional Use Permit from §400.230(C)(1)(a) for a gas station and convenience store within the C-3 Highway Business District, specifically to demolish the existing gas station and construct a new store and canopy at 3889 Mexico Road. The subject property is 2.4 acres and is located in Ward 6. (RCA Attached) B. Case No. CU-2015-4 (Lamar Advertising) An application for a Conditional Use Permit from §400.1770 for a new Digital Billboard within the C-3 Highway Business District, specifically to remove 4 existing billboard faces and replace  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ with 1 digital and 1 static billboard face at 2801 West Clay Street. The subject property is 0.91 acres and is located in Ward 9. (RCA Attached) C. Case No. CU-2015-14 (Robey Taylor – Cullinan Properties, LLC) An application for Conditional Use Permit from §400.480(F)(2)(a) for Special Events within the PD-MU Planned Development – Mixed Use District, specifically to hold 6 Special Events throughout the year on Beale Street (between Nichols Road and Lombard Street) within the Streets of St. Charles development. The subject area is approximately 0.75 acres and is located in Ward 3. (RCA Attached) D. Case No. Z-2015-5 (Chris Bryant) An application to rezone upon annexation a 2.41 acre tract of land known as 1939 Cutright Lane, from St. Charles County R- 1E Single-Family Residential District to City of St. Charles R-1E Single-Family Residential District. The property will be located in Ward 6 upon annexation. (Council Bill 11625) E. Case No. Z-2015-6 (Fischer Custom Homes, LLC) An application to rezone land located south of Hackmann Road known as 2380 Hackmann Road from the R-1C Single-Family Residential District to the PD-R Planned Development-Residential District. In conjunction with the rezoning, a preliminary development plan and development agreement will be considered. The preliminary development plan proposes 51 detached single-family residential lots and common open space. The subject property is approximately 20.64 acres and is located in Ward 5. (Council Bill 11623) F. Case No. Z-2015-7 (Payne Family Homes, LLC – Jerry Duepner) An application to rezone land northeast of Randolph Street and southwest of the 5th Street Mel Wetter Extension known as 2200 W. Randolph Street (Emmaus Tract) from O-I Office Institution District to the R-1E Single-Family Residential District. The proposed R-1E District will set the maximum residential density for a subsequent rezoning request. The subject property is approximately 88.65 acres and is located in Ward 7. (Council Bill 11621) G. Case No. Z-2015-8 (Payne Family Homes, LLC – Jerry Duepner) An application to rezone land located northeast of Randolph Street and southwest of the 5th Street Mel Wetter Extension known as 2200 W. Randolph Street (Emmaus Tract) from the R-1E Single-Family Residential District to the PD-R Planned Development- Residential District. In conjunction with the rezoning, a preliminary development plan and development agreement will be considered. The preliminary development plan proposes 251 detached single-family residential lots, an area identified for future multi-family buildings (180 units), and common open space. The subject property is approximately 88.65 acres and is located in Ward 7. (Council Bill 11622) H. Case No. Z-2015-9 (City of St. Charles, MO) An application to rezone land known as 1207 & 1211 Nathan Street (existing duplex) from R-1E Single-Family Residential District to the R-2 Two-Family Residential District. The subject property is approximately 0.30 acres and is located in Ward 2. (Council Bill 11628)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ I. Case No. Z-2015-10 (St. Charles County Ambulance District – Craig Meckfessel) An application to rezone land known as 835 Friedens Road from I-1 Light Industrial District to C-3 Highway Business District. The subject property is approximately 0.87 acres and is located in Ward 3. (Council Bill 11629) J. Case No. Z-2015-11 (City of St. Charles School District) An application to rezone upon annexation a 6.51 acre tract of land known as 3800 West Clay Street, from St. Charles County I-2 Heavy Industrial District to the City of St. Charles I-1 Light Industrial District. The property will be located in Ward 6 upon annexation. (Council Bill 11627) K. Case No. TA-2015-6 (Jonathan Shell) Text Amendment to Zoning Ordinance Section §400.400 Animals relative to the keeping of chickens on residential property within the City of St. Charles as defined in Chapter 400 (the Zoning Code), specifically to prohibit roosters, eliminate any setback requirement from adjacent properties for chicken coops and pens, and amend the design standards and sanitary condition requirements. (Council Bill 11631) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith announced upcoming events in the City of Saint Charles, Missouri and thanked Councilmember Besselman and Committee Member Erv Ermeling for their hard work and dedication towards the Riverfest Event and the Festival of the Little Hills Event. For more information on upcoming city events, visit www.historicsaintcharles.com. PUBLIC COMMENT Tracy Gaugh, 1120 Spring Avenue, St. Charles, Missouri, spoke in favor of Council Bill 11631 and presented a petition titled “My family and I visit the Backyard Chickens at 929 Tompkins. At this time we do not have any issue with these birds being part of our community”. 16 signatures were listed on the petition. Larry Fry, 305 Chauncey, St. Charles, Missouri, spoke in favor of Council Bill 11631. RESOLUTIONS A Resolution Declaring Outdated Technology Equipment as Surplus Property; Authorizing the Disposal of the Equipment with Resale Value Via Internet Auction; and Authorizing Electronic Recycling of the Equipment without Resale Value (Sponsor: John Hanneke) Passed “Aye”: Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and Stivison “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Resolution R15-024  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 11609 An Ordinance Authorizing Amendment No. 15 to the Contract with Lewis Rice LLC to Provide Legal Services Related to Employment Law Matters in an Amount of $20,000.00, for a Total Contract Amount Not to Exceed $115,000.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-119 Bill 11610 An Ordinance Authorizing a Contract with ABD Companies, Inc. for the Installation of Fiber Optic Cable and Conduit from the Splice Hub at Kingshighway and Monroe to the Public Works Facility on Elm Point Industrial Road in an Amount Not to Exceed $188,832.00 (Sponsors: Bridget Ohmes, Mary Ann Ohms, Ron Stivison and Tom Besselman) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-120 Bill 11611 An Ordinance Amending the Code of Ordinances of the City of St. Charles by Amending: Section 145.020 Bonds for Contractors Doing Public Work; Sections 215.960 and 215.1010 Firearms and Weapons; Sections 215.1620, 215.1630, 215.1640, 215.1650, 215.1660 and 215.1680 Offenses Concerning Tobacco; Section 340.040 Distance at which Vehicle Must Follow; and Section 600.010 Alcoholic Beverages all for the Purpose of Amending the Code of Ordinances to be Consistent with Missouri Law and Amending Section 245.060 Solid Waste Management to Remove Reference to the Position of “City Administrator” and to Insert in its Place the Position of “Director of Administration.” (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-121  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Bill 11612 An Ordinance Approving the Record Plat for The Reserve at Fountainview Condominiums Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-122 Bill 11613 An Ordinance Authorizing a Contract with Bazan Painting Company for Interior Clean Out and Exterior Painting of Two Above Ground Water Storage Tanks in an Amount Not to Exceed $114,785.00 (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-123 Bill 11614 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the St. Charles County Ambulance District and the City of St. Charles for a Patient Stretcher with the City’s Cost Share Not to Exceed $4,357.40 (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-124 Bill 11615 An Ordinance Amending Chapter 510 of the Code of Ordinances By Amending Article V, Section 510.320 Pertaining to Storm Water Control Specifically With Regard To Inspection, Maintenance, Acceptance and Variance by City (Sponsor: Bridget Ohmes) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-125  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Bill 11616 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along a Portion of Fountain Lakes Boulevard and a Portion of Schattdecor Drive (Sponsors: Ron Stivison, John Hanneke, Rod Herrmann, Bridget Ohmes and Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-126 Bill 11617 An Ordinance Approving an Amended Preliminary Development Plan for Lot A of University Commons Planned Development Mixed Use District; and Approving a Fourth Amendment to the Development Agreement for the West Clay Extension Redevelopment Project (Sponsor: Tom Besselman) Council Bill 11617 was held by sponsor. Bill 11618 An Ordinance Approving a Petition to Add Real Property to The Fountain Lakes Commerce Center North Community Improvement District; and Directing the City Clerk to Notify the Missouri Department of Economic Development of the Addition of Real Property to the District (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-127 Bill 11619 An Ordinance Amending Chapter 135 of the Code of Ordinances by Adding a New Section to be known as Section 135.085 to Establish the Compensation of the Special Municipal Judge (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-128 Bill 11620 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of not to exceed $4,720,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Bonds (New Town At St. Charles – Phase Four Improvements),  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Series 2015; Prescribing the Form and Details of Said Bonds; Providing for the Levy and Collection of Annual Assessments for the Purpose of Paying the Principal of and Interest on Said Bonds as they Become Due; and Authorizing Certain Other Documents and Actions in Connection Therewith (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison and Beckering “Nay”: None Absent: West Approved by the Honorable Mayor on June 5, 2015 and is known as Ordinance 15-118 BILLS FOR INTRODUCTION The following Council Bills were introduced with the exception of Council Bill 11621 and Council Bill 11622: Bill 11621 An Ordinance Rezoning to Zoning District R-1E (Single Family Residential District) from Zoning District O-I (Office Institution District) Approximately 88.65 Acres of Land Located at 2200 West Randolph Street (Sponsor: Dave Beckering) Council Bill 11621 was held by sponsor. Bill 11622 An Ordinance Rezoning to Zoning District PD-R (Planned Development - Residential District) from Zoning District R-1E (Single-Family Residential District), 88.65 Acres of Land Located at 2200 West Randolph Street; Approving the Preliminary Development Plan of Villages of Provence; Approving a Development Agreement; and Authorizing the Mayor to Execute the Development Agreement (Sponsor: Dave Beckering) Council Bill 11622 was held by sponsor. Bill 11623 An Ordinance Rezoning to Zoning District PD-R (Planned Development - Residential District) from Zoning District R-1C (Single-Family Residential District), 20.64 Acres of Land Located at 2380 Hackman Road; Approving the Preliminary Development Plan of The Reserve at Brook Hill; Approving a Development Agreement; and Authorizing the Mayor to Execute the Development Agreement (Sponsor: John Hanneke) Bill 11624 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Petitioned for Annexation by Chris Bryant, Approximately 2.41 Acres of Land Known as 1939 Cutright Lane (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Bill 11625 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from St. Charles County Zoning District R-1E (Single-Family Residential District) Approximately 2.41 Acres of Land Located at 1939 Cutright Lane (Sponsor: Jerry Reese) Bill 11626 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Petitioned for Annexation by City of St. Charles School District, Approximately 6.51 Acres of Land Known as 3800 West Clay Street (Sponsor: Jerry Reese) Bill 11627 An Ordinance Rezoning to City Zoning District I-1 (Light Industrial District) from St. Charles County Zoning District I-2 (Heavy Industrial District) Approximately 6.51 Acres of Land Located at 3800 West Clay Street (Sponsor: Jerry Reese) Bill11628 An Ordinance Rezoning to Zoning District R-2 (Two-Family Residential District) from Zoning District R1-E (Single-Family Residential District) Approximately 0.30 Acres of Land Located at 1207 and 1211 Nathan Street (Sponsor: Tom Besselman) Bill 11629 An Ordinance Rezoning to Zoning District C-3 (Highway Business District) from Zoning District I-1 (Light Industrial District) Approximately 0.87 Acres of Land Located at 835 Friedens Road (Sponsor: Laurie Feldman) Bill 11630 An Ordinance Authorizing a Police Services Agreement with the Saint Charles R-VI School District for Two (2) School Resource Officers for the Period of July 1, 2015 Through June 30, 2018 (Sponsor: Jerry Reese) Councilmember Feldman asked that her name be added as sponsor. Bill 11631 An Ordinance Amending Section 400.400 of the Code of Ordinances Regarding the Keeping of Chickens (Sponsor: Tom Besselman) Bill 11632 An Ordinance Approving the Record Plat for VMP Subdivision, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Bill 11633 An Ordinance Approving the Record Plat for Hidden Oaks Resubdivision, a Resubdivision of Lots 67 to 72 of Hidden Oaks, a Subdivision the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) Bill 11634 An Ordinance Authorizing a Utility Easement Encroachment License on Utility Easements Adjacent to and South of the Former United States Post Office in the 100 Block of South Main Street (Sponsor: Mary Ann Ohms) Bill 11635 An Ordinance Authorizing an External Memorandum of Understanding Between Lindenwood University, Bridgeway Behavioral Health, St. Charles County and the City of St. Charles to Serve as Collaborative Partners to Assist Victims of Violence (Sponsor: Ron Stivison) Councilmember Feldman asked that her name be added as sponsor. Bill 11636 An Ordinance Authorizing a Contract with Traffic Control Company of Valley Park, Missouri, for the 2015 City-Wide Street Striping and Curb Painting Project in an Amount Not to Exceed $150,000.00 (Sponsor: Rod Herrmann) Bill 11637 An Ordinance Amending Section 500.277 of the Code of Ordinances Pertaining to the 2015 International Swimming Pool and Spa Code to Revise Certain Local Amendments and to Add a Local Amendment Relating to Swimming Pool and Spa Water Discharge (Sponsor: Jerry Reese) Bill 11638 An Ordinance Authorizing a Cooperative Agreement with Trailnet to Develop a Bicycle and Pedestrian Transportation System Master Plan in an Amount Not to Exceed $12,000 (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 Request to Waive 2014 Real Property Taxes for the Saint Charles Housing Authority Mayor Faith requested City Clerk Whitehead to provide background on this request to the full Council. After the information was provided by the City Clerk, a motion was made by DAVE BECKERING to approve the request to waive the 2014 real property taxes for the Saint Charles Housing Authority in the amount of $10,267.20. TOM BESSELMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Hanneke, Herrmann,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ Ohmes, Ohms, Reese, Stivison, Beckering and Besselman. “Nay”: None. Absent: West. Motion passed. File #48401 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”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman and Feldman. “Nay”: None. Absent: West. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of May 19, 2015 2. Public Hearing of May 19, 2015 File #48402 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Charter Review Committee Meeting of May 19, 2015 File #48338 2. Approval of Council Committee Motions/Actions/Recommendations a. Charter Review Committee Meeting of May 19, 2015 i. Motion to bring forward the revised, Draft Ordinance for Ballot Proposal to the City Council for review, discussion and consideration C. Receipt of Reports from Boards, Commissions, or Committees (none) D. Receipt of Reports of the Director of Administration 1. Request to fill Vacant Position(s) in Fire Department File #48403 2. Request to fill Vacant Position in Police Department File #48404 3. Request to fill in Vacant Position in Finance Department File #48405 4. Requesting Additional Compensation for an Employee Working Outside of Pay Grade in Accordance with Ordinance 06-24 File #48406 5. Request for Authorization to Create Eligibility Lists for Police Department File #48407 E. Approval of Contracts and Easements from $30,001 - $99,999  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 2, 2015 ______________________________________________________________________________ 1. Contract with Gilmore & Bel, P.C. for Bond and Disclosure Counsel Services for the Tax Increment Refunding Revenue Bonds (West Clay Extension Redevelopment Project – RPA 1), Series 2015 in an amount not to exceed $77,000.00 C15-360 2. Contract with Modern Business Interiors, LLC for Purchase and Installation of Office Furniture for the Tourism Center in an amount not to exceed $56,934.99 C15-349 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Home Improvement Loans and Grant File #48350 APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of the City Council on Tuesday, May 5, 2015, 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); 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); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 5:30 p.m. B. Council Work Session of the City Council on Tuesday, May 12, 2015, 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 8:10 p.m. JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: West. Motion passed. The open portion of the Regular Council Meeting was adjourned at 8:24 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer