City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ The City Council convened in Regular Session on Tuesday, September 1, 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, John Hanneke, Rod Herrmann, Bridget Ohmes, Jerry Reese, Ron Stivison and Mary West. Absent: Laurie Feldman. 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 MARY WEST to excuse the absence of Councilmember Laurie Feldman. DAVE BECKERING seconded the motion. All voted in favor, motion passed. 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 hearing, the Regular Session continued with the order of business: A. Case No. CU-2015-19. (McDonald’s USA LLC) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an In-vehicle Sales and Service use within the C-2 General Business District, specifically to permit the addition of a second drive-thru lane with other site improvements at 1890 Zumbehl Road (McDonald’s). The subject property is 1.32 acres and is located in Ward 6. (RCA Attached) B. Case No. CU-2015-20. (St. Charles Tower). An application for a Conditional Use Permit from §400.150(D)(1)(n) to build a cellular tower within the R-1C Single- Family Residential District, specifically to construct a new 100 foot tall telecommunication tower on the campus of St. Elizabeth Ann Seton at 2 Seton Court. The subject property is 11.02 acres and is located in Ward 6. This is a renewal of a previously approved Conditional Use and Site Plan request. (RCA Attached) C. Case No. TA-2015-8. (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, limit the number of chickens and amend the design standards and sanitary condition requirements. (Item to be tabled to the October 6, 2015, Regular City Council Meeting) (RCA Attached) D. Consideration of Proposed Phase Three-A Improvements and Proposed Assessments in Conjunction with the Street of St. Charles at Noah’s Ark Neighborhood Improvement District (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Written and/or Verbal Messages from the Mayor Mayor Faith announced many events are happening in Saint Charles. Christmas Traditions is underway. Mayor Faith further reported this coming weekend is the Labor Day holiday weekend and encouraged everyone to visit Main Street during the holiday. PUBLIC COMMENT Marc Sandberg, 2865 Royal Valley Way, voiced concerns relative to light pollution. RESOLUTIONS A Resolution of the City of Saint Charles, Missouri, to Reestablish a Procedure to Disclosure Potential Conflicts of Interest and Substantial Interest for Certain Municipal Officials (Sponsor: Mary Ann Ohms) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Resolution R15-038 A Resolution Declaring One 2005 Bobcat T300 Compact Track Loader Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trade-In (Sponsors: John Hanneke, Mary Ann Ohms, Ron Stivison, Rod Herrmann, Jerry Reese, Bridget Ohmes and Laurie Feldman) Council President Mary Ann Ohms withdrew Resolution per staff request. File #48444 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”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Resolution R15-039 A Resolution Declaring Eight (8) Panasonic Mobile Computers Assigned to the Information Technology Department to be Surplus Property and Authorizing Donation of Same to the St. Charles County Sheriff’s Department (Sponsor: John Hanneke) Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Hanneke “Nay”: None Absent: Feldman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ Approved by the Honorable Mayor on September 3, 2015 and is known as Resolution R15-040 BILLS FOR FINAL PASSAGE Bill 11685 An Ordinance Authorizing a Second Amendment to the Site Sublease Agreement with NCWPCS MPL 27 – Year Sites Tower Holdings, LLC, by and through CCATT LLC, for Continued Placement of a Communication Facility on a Portion of the City’s Property Located at 2817 Elm Street (Sponsor: Bridget Ohmes) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-191 Bill 11686 An Ordinance Authorizing the Mayor and City Clerk to Execute a Fee Simple Deed (Lindenwood Female College d/b/a Lindenwood University– Lots A and B of University Commons) (Sponsor: Tom Besselman) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-192 Bill 11687 An Ordinance Authorizing a Contract with Leo M. Ellebracht Company for the Purchase of the Scott Electronic Management System (SEMS II) for Upgrades for all Self- Contained Breathing Apparatus (SCBA) and Rapid Intervention Team (RIT) Packs for the Fire Department in an Amount Not to Exceed $108,392.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-193 Bill 11688 An Ordinance Ordering that a Second Amendment to Development NID Interim Finance Agreement be Approved; Authorizing the Execution and Delivery of Same; and Providing Further Authority (Sponsor: Laurie Feldman) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-194 Bill 11689 An Ordinance Ordering that Certain Phase Three-A Improvements Within the Streets of St. Charles at Noah’s Ark Neighborhood Improvement District of the City of Saint Charles Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant To the Neighborhood Improvement District Act (Sponsor: Laurie Feldman) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-195 Bill 11690 An Ordinance Approving the Record Plat for Fountain Lakes Commerce Center Plat Nine, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-196 Bill 11691 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) (Sponsor: Rod Herrmann) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-197 Bill 11692 An Ordinance Authorizing and Ratifying a Cooperative State and Local Task Force Agreement Between the United States Department of Justice, Drug Enforcement Administration (DEA) and the City of St. Charles, Missouri to Participate in Task Force Group 2 (32) Concerning the Use and Abuse of Controlled Substances for the Period of June 1, 2015 Through September 30, 2015 (Sponsor: Ron Stivison) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-198 Bill 11693 An Ordinance Authorizing an Intergovernmental Agreement By and Between County of St. Charles and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds to Extend Duchesne Drive from Randolph Street to Mel Wetter Parkway (Sponsor: Dave Beckering) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-199 Bill 11694 An Ordinance Authorizing a Public Transit Operating Assistance Grant Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles for Receipt of State Transportation Funds in the Amount of $6,260.00 during the Period of July 1, 2015 through June 30, 2016 (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-200 Bill 11695 An Ordinance Authorizing Amendment Number 1 to the Contract with Schulte Supply, Inc. for the Purchase of Neptune Automated Meter Reader (AMR) Water Meters in an Amount of $75,000.00, for a Total Amount Not to Exceed $158,800.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-201 Bill 11696 An Ordinance Designating and Recognizing the Greater St. Charles Convention and Visitors Bureau as the State Fiscal Year 2016 Through 2018 Representative Destination Marketing Organization (DMO) for Tourism in St. Charles County as Required for Participation in the Missouri Division of Tourism’s Cooperative Marketing Program for the State Fiscal Year 2016 Through 2018 Funding Cycle and Authorizing an Intergovernmental Agreement Between the County and the City of St. Charles (Sponsors:  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ Ron Stivison and John Hanneke) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-202 Bill 11697 An Ordinance Amending Section 125.240 By Increasing the Number of Members of the Greater St. Charles Convention and Visitors Commission from Twelve (12) to Thirteen (13) (Sponsors: Ron Stivison and John Hanneke) Passed “Aye”: Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke and Herrmann “Nay”: None Absent: Feldman Approved by the Honorable Mayor on September 3, 2015 and is known as Ordinance 15-203 Bill 11698 (Hold until October 6, 2015, in Accordance with 30 Day Requirement) An Ordinance Authorizing and Approving a Franchise Agreement with Laclede Gas Company; and Authorizing the Mayor to Execute a Franchise Agreement (Sponsor: Mary Ann Ohms) Council President Mary Ann Ohms requested to hold Council Bill 11698 until the October 6, 2015, Regular City Council Meeting. BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11699 An Ordinance Repealing Ordinance No. 15-155 and Enacting a New Ordinance Authorizing, Directing and Empowering the Mayor, City Clerk, Director of Administration, Director of Finance and Purchasing Manager, Upon the Effective Date of Legislation Authorizing the Same, to Perform the Acts Necessary to Establish Credit Card Accounts on behalf of the City of St. Charles with Commerce Bank and to Execute All Documents Required to Effectuate this Purpose (Sponsor: Mary Ann Ohms) Bill 11700 An Ordinance Amending Ordinance No. 15-156 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing the Director of Administration and Adding a Designated Purchasing Manager (Sponsor: Mary Ann Ohms) Bill 11701 An Ordinance Authorizing a Contract with Sungard Public Sector, Inc., for Software Support and Maintenance for the Computer Aided Dispatch System, Records  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ Management System, Mobile Computing and Related Systems for the Police Department for the Period of September 1, 2015 through August 31, 2016 in an Amount Not to Exceed $115,996.83 (Sponsor: John Hanneke) Bill 11702 An Ordinance Fixing and Establishing the Rate and Levying the Taxes for the General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri, for the Year Two Thousand and Fifteen (Sponsor: Mary Ann Ohms) Bill 11703 An Ordinance Authorizing a Contract with the City of O’Fallon, Missouri on Behalf of the St. Charles County Salt Cooperative, for the Purchase of Approximately 4,300 Tons of Bulk Road Salt for the 2015/2016 Winter Season in an Amount Not to Exceed $259,017.00 (Sponsors: John Hanneke, Tom Besselman, Mary Ann Ohms, Rod Herrmann, Jerry Reese and Bridget Ohmes) CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohms, Reese, Stivison, West, Beckering, Besselman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: Feldman. Motion passed. A. Approval of Council Minutes 1. Special Council Meeting of August 11, 2015 2. Regular Council Meeting of August 18, 2015 3. Public Hearing of August 18, 2015 File #48442 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of August 11, 2015 File #48320 b. Street Committee Meeting of August 11, 2015 File #48318 c. Storm Water Task Force Meeting of August 18, 2015 File #48343 d. Council Work Session of August 18, 2015 File #48320 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of August 11, 2015 (none) b. Street Committee Meeting of August 11, 2015 (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ c. Storm Water Task Force Meeting of August 18, 2015 i. Motion to elect Rod Herrmann Chairman of the Storm Water Task Force ii. Motion to elect Laurie Feldman Vice Chairman of the Storm Water Task Force iii. Motion to appoint Art Minor as a Storm Water Task Force Member-at-Large iv. Motion to appoint Edmund Johnson as a Storm Water Task Force Member-at-Large v. Motion to appoint Ted Glosier as a Storm Water Task Force Member-at-Large vi. Consensus of the Storm Water Task Force members that staff should complete a study of the entire city prior to taking this issue to the voters vii. Motion to approve the Short-Term and Long-Term Goals and Objectives as presented by staff with the addition Goal/Objective #2 (e): Place Storm Water Issue on the November 2016 ballot and the addition of Goal/Objective #3 (e): Recommended Design Standards and Code Revisions viii. Consensus of the Storm Water Task Force members to meet every two weeks with the next scheduled meeting being September 1, 2016 at 5:00 p.m. ix. Consensus of the Storm Water Task Force members that future discussion items shall be continued discussion relative to Item #4 on the agenda, Discussion of Draft List of Storm Water Issues and Funding and Item #5 on the agenda, Discussion of Operational Elements of Storm Water Utility d. Council Work Session of August 18, 2015 (none) C. Receipt of Reports from Boards, Commissions, or Committees (none) D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with SSM Health Care St. Louis for 2015 Fire Department Physicals in an Amount not to exceed $47,000.00 C15-526 2. Contract with IDSC Holdings LLC dba Snap-on Industrial for tools and related equipment for the new Public Works Facility in an amount not to exceed $58,624.37  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 1, 2015 ______________________________________________________________________________ C15-527 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Scott Bonner, d/b/a, Fuzzy’s Taco Shop located at 2412 West Clay File #48335 2. Approval of Liquor License Application for Gaurang Bhavsar, d/b/a, Elm Wine & Spirits located at 2303 Elm Street File #48335 3. Approval of Home Improvement Loans and/or Grants File #48350 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Mary West thanked Public Works employee Matthew Seggerman for going above and beyond in assisting a resident with scheduling a family event. The open portion of the Regular Council Meeting was adjourned at 7:22 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer