City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, April 19, 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, Jerry Reese, Ron Stivison and Mary West. Absent: None. City Clerk Laura L. Whitehead was present and performed the duties of that office. 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 Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Case No. CU-2016-1 (R. Todd & Jill Ryan) An application for a Conditional Use Permit from §400.150(D)(1)(p) for a Guest House within the R-1E Single-Family Zoning District and FPD Frenchtown Preservation District Overlay, specifically to approve an individual rental unit (Log Cabin) for lodging for compensation on a short-term basis at 305 Morgan Street. The subject property is 0.47 acres and is located in Ward 1 (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of the Following Municipal Court Staff Members: Deana Alexander, Court Clerk; Jane Denker, Court Clerk; Cindy Dowell, Court Clerk; Miranda Parker, Court Clerk; Zina Roebuck, Court Clerk; and Tom Otten, Warrant Officer The Honorable Mayor Sally Faith introduced Court Administrator Lisa Thompson. Ms. Thompson introduced the following staff members: Deana Alexander, Jane Denker, Cindy Dowell, Miranda Parker and Zina Roebuck. Each staff member provided a brief biography on their employment and educational background. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: SPECIAL BUSINESS DISTRICT ADVISORY BOARD: Appointment of Jean Dryden to fill a three-year term ending in November, 2017 RON STIVISON seconded the motion. All voted in favor, motion passed. Motion passed. File #48518  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith read two letters of commendation from residents regarding the service provided to them by the Public Works Department. The Honorable Mayor Sally Faith announced April 10-16 is Nation Telecommunications Week. Mayor Faith thanked all the communications/dispatchers for the job they do. The Honorable Mayor Sally Faith distributed the National Association of Letter Carriers “Stamp out Hunger” food drive flyer. The event is scheduled for Saturday, May 14th and reported you can place your non-perishable items/donations in a bag by your mailbox Saturday morning. The Honorable Mayor Sally Faith announced several upcoming events and stated for information on “what’s happening” to please visit our website at www.historicstcharles.com. PUBLIC COMMENT Betty G. Barro, 1332 S. Wheaton Place, St. Charles, Missouri, representing the Parks and Recreation Board, voiced concerns relative to Council Bill 11907. A motion was made by TOM BESSELMAN to extend the speaker’s time. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. Valerie Lanning, 2916 Concordia Lane, St. Charles, Missouri, voiced concerns relative to Council Bill 11907. Donna Carlson, 1330 S. Wheaton Drive, St. Charles, Missouri, voiced concerns relative to Council Bill 11907. A motion was made by TOM BESSELMAN to extend the speaker’s time. LAURIE FELDMAN seconded the motion. All voted in favor, motion passed. Joe Kloeppel, 2905 Concordia Lane, St. Charles, Missouri, spoke in opposition relative to Council Bill 11907. RESOLUTIONS A Resolution Declaring Police K-9 “Duke” Surplus Property and Transferring Ownership to his Handler Officer Jeremy Bratton (Sponsor: Ron Stivison) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Resolution R16-017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ A Resolution Authorizing Submittal of Seven (7) Applications to the St. Charles County Road Board for Transportation Improvement Plan (TIP) Funding for FY 2017-2019 (Sponsors: Jerry Reese, Tom Besselman, John Hanneke, Rod Herrmann and Bridget Ohmes)Passed Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Resolution R16-018 A Resolution of Support for a Transportation Investments Generating Economic Recovery (TIGER) 2016 Grant Funding Application with the United States Department of Transportation for the Walk-Bike-MO River Connections Project (Sponsors: Jerry Reese, Tom Besselman, John Hanneke, Rod Herrmann and Bridget Ohmes) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Resolution R16-019 BILLS FOR FINAL PASSAGE Bill 11889 An Ordinance Authorizing an Agreement with the St. Charles Lions Club for the Sponsorship of the Operation of the Farmers Market During the Summer of 2016 (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-086 Bill 11890 An Ordinance Amending Ordinance No. 15-226 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing James B. Evans as Interim Director of Administration with Lawrence Dobrosky as Director of Administration, re-classify James B. Evans as the Community Development Director, and increase the credit limit of the Information Technology Director to $7,500.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-087 Bill 11891 An Ordinance Repealing Ordinance No. 15-225 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) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-088 Bill 11892 An Ordinance Amending Ordinance Number 15-285 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2016 (Budget Amendment #5) (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-089 Bill 11893 An Ordinance Repealing Ordinance Number 16-064 and Enacting a New Ordinance Authorizing a Contract with Lou Fusz Ford for the Purchase of Eight (8) 2017 Ford Police Utility Vehicles and Two (2) 2016 Ford Police Sedans in an Amount Not to Exceed $270,474.00 (Sponsor: Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-090 Bill 11894 An Ordinance Authorizing the Filing of an Application with the Missouri Division of Tourism, Cooperative Marketing Program, for the FY 2017 Destination Advertising Grant; and to Sign All Necessary Documents to Accept and Receive Said Grant (Sponsors: Ron Stivison and John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-091 Bill 11895 An Ordinance Authorizing a First Amendment to Lease Agreement Between the City of St. Charles and Norfolk Southern Railway Company for the Purpose of Maintaining a Non-Exclusive Roadway to Serve 2420 North Sixth Street for Period of Nine (9) Years in a Total Amount Not to Exceed $22,500.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-092 Bill 11896 An Ordinance Authorizing Acceptance of Sanitary Sewers, Manholes and their Appurtenances at University Commons Development Completed by DESCO Group (S M Properties, LLC) and Authorizing Release of Security Related Thereto (Sponsors: Tom Besselman and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-093 Bill 11897 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Randolph Street Water Main Relocation Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Dave Beckering and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-094 Bill 11898 An Ordinance Authorizing a Contract with George Butler Associates, Inc. for the City- wide Curb and Gutter Program in an Amount Not to Exceed $117,378.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-095 Bill 11899 An Ordinance Authorizing a Supplemental Agreement with the Missouri Highways and Transportation Commission to Update the Project Schedule for the Zumbehl Road and Friedens Road Rehabilitation Project Between Veterans Memorial Parkway and Arena Parkway (Sponsors: Laurie Feldman, Mary West and Jerry Reese) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-096 Bill 11900 An Ordinance Authorizing a Lease Agreement Between the City of St. Charles and St. Charles County for the Lease of Property Located at 400 North Drive (Sponsor: Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-097 Bill 11901 An Ordinance Authorizing a Cooperative Agreement between the City of St. Charles, Missouri and FHRA, LLC for the Lease of a Police Equestrian Facility and Surrounding Land at or near 2664 Missouri State Highway B in the New Town of St. Charles Development (Sponsor: Ron Stivison) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman and Feldman “Nay”: None Absent: None Approved by the Honorable Mayor on April 22, 2016 and is known as Ordinance 16-098 BILLS FOR INTRODUCTION The following Council Bills were introduced: 11902 An Ordinance Authorizing a Contract with Schreiter Ready-Mix & Materials, Inc. for Ready Mix Concrete Supply Services for Public Works – Street Division in an Amount Not to Exceed $230,000.00 (Sponsors: Ron Stivison and Tom Besselman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ 11903 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 Maple Tree Drive (Sponsors: Rod Herrmann, John Hanneke, Bridget Ohmes, Jerry Reese and Tom Besselman) 11904 An Ordinance Approving the Record Plat for The New Town at St. Charles Gateway District Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) 11905 An Ordinance Approving the Record Plat for North Village Plat One Resubdivision of Lot 8, a Subdivision of the City of Saint Charles, Missouri (Sponsor: John Hanneke) 11906 An Ordinance Approving the Record Plat for Charlestowne Crossing Plat Four, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) 11907 An Ordinance Submitting to the Qualified Voters of the City of Saint Charles, Missouri, for their Approval at the Special Election to be held in the City on August 2, 2016, a Proposition to Authorize the City to Impose an Additional Sales Tax of One-Half of One Percent (1/2 Of 1%) on all Retail Sales and Taxable Services at Retail Made in the City, with One-Third of the Revenue Therefrom to be used to Provide Funding for Local Park Capital Improvements and with Two-Thirds of the Revenue Therefrom to be used to Provide Storm Water Control Capital Improvements for a Period of Ten Years (Sponsors: Mary Ann Ohms, Dave Beckering and John Hanneke) Mayor Faith announced there was a Stormwater Task Force meeting this evening and during the task force meeting the Public Works staff provided the task force members with a 10 Year Stormwater Projection Plan PowerPoint presentation. Mayor Faith requested City Engineer Kevin Corwin to provide the same PowerPoint presentation to the full Council. Councilmember Laurie Feldman and Councilmember Bridget Ohmes voiced concerns relative to Council Bill 11907. Councilmember Feldman recommended this item be referred to a work session for further discussion. After further discussion, a motion was made by LAURIE FELDMAN to schedule a special council work session on Thursday, April 28th at 5:00 p.m. to continue discussion relative to Council Bill 11907. TOM BESSELMAN seconded the motion. All voted in favor, motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ CONSENT AGENDA Director of Community Development Bruce Evans requested Council to withdraw the request for the home improvement loan (71 Oakdale) relative to consent agenda item 10.G.10 Approval of Home Improvement Loans and/or Grants. Mr. Evans reported the request for the grant (103 S. Overbrook) is to remain for council’s consideration. A motion was made by DAVE BECKERING to withdraw the request for the home improvement loan (71 Oakdale) relative to consent agenda item 10.G.10 Approval of Home Improvement Loans and/or Grants. MARY WEST seconded the motion. All voted in favor, motion passed. A motion was made by DAVE BECKERING to approve the Consent Agenda. RON STIVISON seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann, Ohmes, Ohms, Reese, Stivison, West, Beckering, Besselman, Feldman and Hanneke. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of April 5, 2016 2. Public Hearing of April 5, 2016 File #48539 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of April 5, 2016 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of April 5, 2016 C. Receipt of Reports from Boards, Commissions, or Committees 1. Economic Development Commission Meeting of February 4, 2016 File #48525 2. Board of Adjustment Meeting of March 14, 2016 File #48502 3. Fourth of July Celebration Committee Meeting of April 28, 2015 File #48357 4. Landmarks Board Meeting of February 22, 2016 File #48523 5. Park & Recreation Board Meeting of February 17, 2016 File #48526 6. Planning and Zoning Commission Meeting of February 29, 2016 File #48533 7. Senior Citizen Advisory Commission Meeting of February 9, 2016 File #48510 8. Arts and Culture Commission Meeting of April 2, 2016 File #48540  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ 9. Housing Authority Meeting of January 19, 2016 File #48541 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Position in Police Department File #48542 2. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – March, 2016 File #48503 3. Authorization to Fill Vacant Positions in Public Works Department (Street Division) File #48543 4. Request City Council’s Authorization for Interim Pay to Administration Employee working Outside of Pay Grade in Accordance with Ordinance 06-24 File #48544 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Gulf States Distributors, Inc. for Ammunition for the St. Charles Police Department in an amount not to exceed $66,812.00 C16-264 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the Veteran’s Memorial Parkway Community Improvement District Annual Report for 2015 File #48545 2. Receipt of the Plaza at Noah’s Ark Community Improvement District Annual Report for 2015 File #48546 3. Receipt of the Elm & 370 Community Improvement District Annual Report for 2015 File #48547 4. Receipt of the Elm Point Commons Community Improvement District Annual Report for 2015 File #48548 5. Receipt of the Fairgrounds Road Community Improvement District Annual Report for 2015 File #48549 6. Receipt of the Fountain Lakes Commerce Center North Community Improvement District Annual Report for 2015 File #48550  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI April 19, 2016 ______________________________________________________________________________ 7. Receipt of the Fountain Lakes Commerce Center South Community Improvement District Annual Report for 2015 File #48551 8. Report of the Court Administrator of Monies Collected and Deposited during the Month of March 2016 File #48516 9. Approval of Liquor License Application for Lorene Samson, d/b/a: MOD Superfast Pizza located at 1988 First Capitol Drive File #48531 10. Approval of Home Improvements Loans and/or Grants File #48530 11. Approval of Waiving Building Permit Fees for St. Charles Neighborhood Preservation Partnership Projects File #48552 12. Approval of Liquor License Application for Victoria Owings, d/b/a: Leo’s located at 2198 First Capitol Drive File #48531 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Mary West announced there is a trivia night being held at the Foundry Art Centre on Friday, May 13th. Councilmember Jerry Reese reported he received a nice compliment from a resident regarding public works employees who cleared debris from the creek located behind their home. Mr. Reese did not know the names of the employees but asked that their names be forwarded to him. The property is located on Buckingham Green. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of Tuesday, March 8, 2016 relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 10:05 p.m. ROD HERRMANN seconded the motion. All voted in favor, motion passed. The Regular Council Meeting was adjourned at 8:20 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer