City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, May 3, 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 and Mary West. Absent: Jerry Reese and Ron Stivison. City Clerk Laura L. Whitehead was present and performed the duties of that office. File #48483 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 Jerry Reese and Councilmember Ron Stivison. JOHN HANNEKED seconded the motion. All voted in favor, motion passed. April 5, 2016 Election Results Canvass of Election Returns of the General Municipal Election Held April 7, 2015 and Declaration of the Election Results A motion was made by LAURIE FELDMAN to receive and approve the certification of the election results of the General Municipal Election held on April 5, 2016. JOHN HANNEKE seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, West and Beckering. “Nay”: None. Absent: Reese and Stivison. Motion passed. File # 48554 Administration of Oath of Office The Honorable Mayor Sally A. Faith administered the Oath of Office to the following: Municipal Judge Joseph McCulloch with term ending April, 2019 City Clerk Laura L. Whitehead administered the Oaths of Office to the following Councilmembers: Dave Beckering – Ward 7, with term ending April, 2019 Rod Herrmann – Ward 8, with term ending April, 2019 Bridget Ohmes – Ward 10, with term ending April, 2019 Election of President and Vice President of the City Council Ballots were distributed for the election of President of the City Council. The ballots were counted, with the following results: Mary Ann Ohms – 8 votes. The City Clerk announced that Mary Ann Ohms was elected President of the Council.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ Ballots were distributed for the election of Vice President of the City Council. The ballots were counted with the following results: John Hanneke – 8 votes. The City Clerk announced that John Hanneke was elected Vice President of the City Council. File #48555 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. TA-2016-1 (William Levinson) Text Amendment to Zoning Ordinance Section §400.860 (B) Other Development Regulations for “PD” Planned Districts, specifically to add Chapter 505 Streets and Sidewalks, Article III Construction and Repair, §505.240 Driveway and Curb Cuts Permits to standards which may be modified within a Planned District. To be Withdrawn (RCA Attached) B. Case No. CU-2016-7. (Bax Engineering) An application for a Conditional Use Permit from §400.220(C)(1)(k) for a Motor Vehicle Sales Business within the C-2 General Business District, specifically to convert the building and lot into a Motorsports Sales facility at 2020 South Old Highway 94. The subject property is 0.51 acres and is located in Ward 4. The Owner has requested that this item be tabled until the May 23, 2016 Planning and Zoning Commission Meeting. Therefore, this item is to be tabled until the June 7, 2016 Regular City Council Meeting (RCA Attached) C. Case No. CU-2016-9. (Robert Schowengerdt) An application for a Conditional Use Permit from §400.230(C)(1)(a) for a Microbrewery within the C-3 Highway Business District, specifically to open a microbrewery with taproom and vintage videogame arcade at 2236 1st Capitol Drive. The subject property is 1.03 acres and is located in Ward 2. (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS The Honorable Mayor Sally A. Faith presented a proclamation proclaiming May 1 through May 8, 2016 as “Small Business Week” in the City of Saint Charles, Missouri. The Honorable Mayor Sally A. Faith presented a proclamation proclaiming May 1 through 8, 2016 as “National Music Week” in the City of Saint Charles, Missouri. The Honorable Mayor Sally A. Faith presented a proclamation proclaiming May 14, 2016 as “Letter Carriers’ Food Drive Day” in the City of Saint Charles, Missouri Written and/or Verbal Messages from the Mayor Mayor Faith announced upcoming events. For more information, visit www.historicstcharles.com.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ PUBLIC COMMENT Bill Meinhold, 1150 Wedge Wood, voiced concerns regarding the convention center boulevard extension road project and distributed a document explaining his concerns. Mr. Meinhold spoke in opposition to Council Bill 11908. Mr. Meinhold further voiced concerns regarding debris in the creeks. RESOLUTIONS A Resolution Declaring Parks and Recreation Department Equipment as Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsors: Laurie Feldman and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Resolution R16-20 A Resolution Declaring One QRAE Multigas Monitor Surplus Property and Authorizing Donation to a Fire Protection District through the Missouri Division of Fire Safety (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Resolution R16-21 A Resolution Declaring Certain Fire Department Equipment as Surplus Property and Authorizing Disposal by On-Line Auction Service GovDeals (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Resolution R16-22 A Resolution Establishing the Fifth Street Retail District (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Ron Stivison and Bridget Ohmes) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 8, 2016 and is known as Resolution R16-23 A Resolution Declaring Information Technology Equipment Surplus Property; Authorizing Disposal of the Equipment with Resale Value by Internet Auction; and  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ Authorizing Recycling of the Equipment without Resale Value (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, West, Beckering, Besselman and Feldman “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Resolution R16-24 BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Herrmann, Ohmes, Ohms, West, Besselman, Beckering, Feldman and Hanneke “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Ordinance 16-099 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) Passed “Aye”: Herrmann, Ohmes, Ohms, West, Besselman, Beckering, Feldman and Hanneke “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Ordinance 16-100 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) Passed “Aye”: Herrmann, Ohmes, Ohms, West, Besselman, Beckering, Feldman and Hanneke “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Ordinance 16-101 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) Passed “Aye”: Herrmann, Ohmes, Ohms, West, Besselman, Beckering, Feldman and Hanneke  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Ordinance 16-102 11906 An Ordinance Approving the Record Plat for Charlestowne Crossing Plat Four, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Herrmann, Ohmes, Ohms, West, Besselman, Beckering, Feldman and Hanneke “Nay”: None Absent: Reese and Stivison Approved by the Honorable Mayor on May 5, 2016 and is known as Ordinance 16-103 BILLS FOR INTRODUCTION The following Council Bills were introduced: Bill 11908 An Ordinance Authorizing an Engineering Services Contract with CDG Engineers, Inc. to Provide Engineering Services for the Rio Vista Drive Culvert and South Fifth Street Culvert Replacement Projects in an Amount Not to Exceed $150,000.00 (Sponsors: Laurie Feldman and Rod Herrmann) Bill 11909 An Ordinance Authorizing an Engineering Services Contract with Lochmueller Group, Inc. to Provide Engineering Services for the Second Street Water Main Replacement – Boone’s Lick to First Capitol Project in an Amount Not to Exceed $101,000.00 (Sponsors: Rod Herrmann and Tom Besselman) Bill 11910 An Ordinance Authorizing an Engineering Services Contract with M3 Engineering Group, P.C. to Provide Engineering Services for the Cole Creek Flood Reduction Project in an Amount Not to Exceed $249,939.00 (Sponsors: Bridget Ohmes and Rod Herrmann) Bill 11911 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Highway 370 and Highway 94 Bike Trail Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Mary Ann Ohms) Bill 11912 An Ordinance Granting to Union Electric Company d/b/a Ameren Missouri, an Easement Located on City Property at Fountain Lakes South Park Along Huster Road for the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ Installation, Operation and Maintenance of Electric Services to the New City Well #10 Related to the Huster Road Water Wells Project (Sponsor: Rod Herrmann) Bill 11913 An Ordinance Amending Chapter 600 of the Code of Ordinances by Amending Section 600.290 Relative to Restrictions on the Sale of Intoxicating Liquor in the Original Package in the Frenchtown Historic Commercial District (Sponsor: Mary Ann Ohms) Bill 11914 An Ordinance Amending Chapter 705 of the Code of Ordinances by Enacting a New Section to be known as 705.070 City Not Responsible for Damages – Limited Authority to Resolve Claims (Sponsor: Rod Herrmann) Bill 11915 An Ordinance Amending Chapter 705 of the Code of Ordinances by Enacting a New Article to be Known as Article VI to Establish a Backwater Valve Program (Sponsor: Rod Herrmann) Bill 11916 An Ordinance Authorizing a Cooperative Cost Sharing Agreement Between the City of St. Charles and Fischer & Frichtel Custom Homes, LLC for Street Concrete Enhancement for the Reserve at Brook Hill Development Project in an Amount Not to Exceed $20,000.00 (Sponsor: John Hanneke) Bill 11917 An Ordinance of the City of St. Charles, Missouri Authorizing and Directing the Department of Revenue to Continue Application and Collection of the Local Sales Tax on the Titling of Motor Vehicles, Trailers, Boats, and Outboard Motors that were Purchased from a Source other than a Licensed Missouri Dealer (Sponsor: Mary Ann Ohms) Bill 11918 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 (Sponsor: Dave Beckering) Councilmember Dave Beckering withdrew Bill 11918. File #48556  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ Bill 11919 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 Fifteen Years (Sponsors: Laurie Feldman and Bridget Ohmes) A motion was made by Councilmember DAVE BECKERING to amend Council Bill 11919 prior to introduction by removing the word “local” from the bill and replacing it with the word “outdoor”. Also, add the following sentence to Section 1 of the council bill: Further, no part of such tax shall be used for funding indoor aquatic facilities. LAURIE FELDMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ohmes, Ohms, West, Besselman, Beckering, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: Reese and Stivison. Motion passed. Councilmembers Besselman, West, Beckering, Hanneke, Ohms and Herrmann requested their names be added as sponsors to Council Bill 11919. Councilmember Feldman announced this was a compromise with Public Works, Parks Board and City Council…and thanked everyone for working together on this issue. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Allocating Funding from the Council Directives (referred by Councilmember Mary West) Councilmember Mary West requested the councilmember’s support of funding from the council’s directives account in the amount of $9,500 to assist the Saint Charles Neighborhood Preservation Partnership (SCNPP) with purchasing materials to build five wheelchair ramps for our residents who are in need of assistance. Councilmember Feldman reported this program was founded in 2008 and the City Councilmembers have supported this program with the use of council directives in the past. Councilmember Beckering reported he supports this request; however, in the future SCNPP should apply for funding through the City Council’s Grant Program. Councilmember Besselman suggested staff consider funding this program. A motion was made by MARY WEST to approve funding from council directives in the amount of $9,500 to assist SCNPP with purchasing materials to build five wheelchair ramps for our residents who are in need of assistance. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. Councilmember West thanked all the volunteers who continue to make this program a success. File #48557  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ 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, West, Besselman, Beckering, Feldman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: Reese and Stivison. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of April 19, 2016 2. Public Hearing of April 19, 2016 File #48558 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of April 12, 2016 File #48498 b. Council Work Session of April 19, 2016 File #48489 c. Storm Water Task Force Meeting of April 19, 2016 File #48499 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of April 12, 2016 i. motion to present legislation to relocate the no parking zone on the north side of Maple Tree Drive to the south side of Maple Tree Drive ii. motion that the all way stop control remains at the intersection of Rebecca Drive and El Camino Drive and that stop bars are painted at the intersection iii. consensus of the Street Committee members that staff reviews various alternatives for parking on Vine Street and bring back a recommendation to a future Street Committee meeting iv. motion to move project priority #3-Harry S. Truman Rd. Reconstruction Phase I to the #1 project priority spot and move project priority #1 – Convention Center Blvd. (S. Fairgrounds Rd. Extension to the #2 project priority spot and move project priority #2 – Muegge Rd. Interchange Improvements to the project priority #3 spot with all remaining projects to remain as presented and support resolution for the 2016 project applications for the St. Charles County Road Board grants for the 2017-2019 Transportation Improvement Plan (TIP)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ v. motion to support a resolution for a Transportation Investments Generating Economic Recovery (TIGER) 2016 Grant Funding Application with the United States Department of Transportation for the construction of the Walk-Bike-MO River Connections Project b. Council Work Session of April 19, 2016 (none) c. Storm Water Task Force Meeting of April 19, 2016 i. consensus of the majority of the Storm Water Task Force members that the proposed tax increase does not include taking over of the private retention basins ii. consensus of the Storm Water Task Force members that the Storm Water Task Force meets on May 3 and May 17, 2016 and June 7 and June 21, 2016 C. Receipt of Reports from Boards, Commissions, or Committees 1. Human Relations Commission Meeting of January 7, 2016 File #48559 2. Fair Housing Commission Meeting of January 21, 2016 File #48560 3. Senior Citizen Advisory Commission Meeting of March 8, 2016 File #48510 4. Veterans Commission Meeting of November 9, 2015 File #48561 5. Citizens with Disabilities Advisory Board Meeting of January 27, 2016 File #48562 6. Board of Public Works Meeting of February 22, 2016 File #48524 7. Convention Center Oversight Subcommittee Meeting of February 1, 2016 File #48563 8. Strategic Planning Committee Meeting of September 23, 2015 File #48386 9. Strategic Planning Committee Meeting of October 7, 2015 File #48386 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Position in Police Department File #48564 2. Authorization to Fill Contract Positions in Public Works File #48565 E. Approval of Contracts and Easements from $30,001 - $99,999 (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 3, 2016 ______________________________________________________________________________ F. Preliminary Plats 1. New Stone Row File #48566 G. Miscellaneous 1. Approval of Arts and Culture Commission Expenditures File #48567 2. Approval of Renewal of Quintessential Dining & Nightlife Valet Parking Zone Permit File #48568 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS There were no announcements. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of Tuesday, April 5, 2016 relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 6:30 p.m. JOHN HANNEKE seconded the motion. A roll call vote was taken with the following results: “Aye”: West, Besselman, Beckering, Feldman, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: Reese and Stivison. Motion passed. The Regular Council Meeting was adjourned at 7:52 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer