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City Council

Regular Meeting

St. Charles, MO · September 6, 2016

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RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, September 6, 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 Jerry Reese. Absent: Ron Stivison and Mary West. 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 ROD HERRMANN to excuse the absence of Councilmember Ron Stivison. JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering. “Nay”: None. Absent: Stivison. Motion passed. August 2, 2016 Election Results 1. Canvass of Election Results of the Special Municipal Election held on Tuesday, August 2, 2016, and Declaration of the Election Results (RCA Attached) A motion was made by BRIDGET OHMES to receive and approve the certification of the election results of the Special Municipal Election held on August 2, 2016. JERRY REESE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman. “Nay”: None. Absent: Stivison. Motion passed. File #48623 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. Amendment to Chapter 400 of the Code of Ordinances by Establishing a Residential Permit Parking District in the Area around St. Charles High School (Council Bill 11991) B. Case No. Z-2016-4. (Lisa James) An application to rezone upon annexation a 0.85 acre tract of land known as 137 Diekamp Lane, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1D Single-Family Residential District. The property will be located in Ward 4 upon annexation. (Council Bill 11994) C. Case No. Z-2016-6. (Linda Russell) An application to rezone upon annexation a 0.92 acre tract of land known as 136 Kunze Drive, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1E Single-Family RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Residential District. The property will be located in Ward 3 upon annexation. (Council Bill 11997) D. Case No. Z-2016-7. (Habitat for Humanity of St. Charles Co.) An application to rezone two lots of record identified as 2001 and 2003 North Fifth Street from PD- R Planned Development-Residential District to R-1E Single-Family Residential District within the Extended Historic Preservation District Overlay. The subject properties are approximately 0.41 acres and are located in Ward 1. (Council Bill 11995) E. Case No. Z-2016-8. (St. Charles Oktoberfest, Inc – Dan Foust) An application to rezone land known as 102 Howard Street from FHCD Frenchtown Historic Commercial District within the EHP Extended Historic Preservation District Overlay to C-3 Highway Business District within the EHP Extended Historic Preservation District Overlay. The subject property is 0.57 acres and is located in Ward 1. (Council Bill 11996) F. Case No. CU-2016-25. (Joe Brazil – Grapevine Wine Bistro & Visitors Center) 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 (existing home) for lodging for compensation on a short-term basis at 916 North Fourth Street. The subject property is 0.10 acres and is located in Ward 1. (RCA Attached) G. Case No. CU-2016-26. (VFW Post 2866) An application for a Conditional Use Permit from §400.150(D)(1)(k) for Meeting Facilities for Fraternal, Masonic and Philanthropic Clubs and Organizations within the R-1C Single-Family Residential District, specifically to construct a new building/meeting hall with associated parking at 66 VFW Lane. The subject property is 14.26 acres and is located in Ward 4. (RCA Attached) H. Case No. CU-2016-27. (St. Charles Oktoberfest, Inc – Dan Foust) An application for a Conditional Use Permit from §400.230(C)(1)(c) for a Material Storage Yard in connection with a permitted use within the C-3 Highway Business District, specifically to approve outdoor storage in connection with a proposed warehouse at 102 Howard Street. The subject property is 0.57 acres and is located in Ward 1. (Case No. CU-2016-27 to remain open until the November 8, 2016, Regular City Council Meeting, per applicant’s request) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Proclamation Proclaiming September 17 through 23, 2016, as “Constitution Week” in the City of Saint Charles The Honorable Mayor Sally A. Faith presented a proclamation proclaiming September 17 – 23, 2016, as Constitution Week in the City of Saint Charles. Gloria Rodale accepted the proclamation. RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Proclamation Recognizing Walter Rogalski (Presented by Mayor Sally A. Faith and Missouri State Representative Justin Hill) Missouri House of Representative Justin Hill presented a proclamation honoring the life of Walter Rogalski. Mr. Rogalski accepted the proclamation. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: ARTS AND CULTURE COMMISION: Appointment of Bill Wallace to a three-year term ending in May, 2019 SENIOR CITIZEN ADVISORY COMMISSION: Appointment of Mary Lynne Porzel to fill a three-year term ending in February, 2017 JOHN HANNEKE seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese and West. “Nay”: None. Absent: Stivison. Motion passed. File #48518 Budget Amendment No. 9 (Council Bill 11984) The Honorable Mayor Sally A. Faith announced budget amendment No. 4 is being introduced this evening and should anyone have questions regarding the bill to please contact Director of Finance Gina Jarvis. File #48624 PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution to Reestablish a Procedure to Disclose Potential Conflicts of Interests for Certain Municipal Officials (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-039 A Resolution Determining the Intent of the City Of St. Charles, Missouri to Reimburse Itself for Certain Capital Expenditures in Connection with Construction and Improvement of Parks and Storm Water Facilities (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-040 A Resolution Declaring One (1) 1999 Gravely Zero Turn Mower Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trades-In (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-041 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”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-042 A Resolution Declaring a Metal Detector, X-Ray Inspection Device and a Metal Frame Surplus Property and Authorizing Donation of the Metal Detector to the Village of Vinita Terrace, Missouri and Disposal by Recycling of the X-Ray Inspection Device and Metal Frame (Sponsor: Ron Stivison) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-043 A Resolution Declaring 114 Sig Sauer Model P226R, 6 Sig Sauer Model P226 and 6 Glock Model 22, 9mm Pistols Assigned to the Police Department as Surplus Property; Authorizing Disposal by Trade-In for the Purchase of Glock Models 17 and 19 Pistols; and Providing for an Effective Date (Sponsor: Ron Stivison) Passed “Aye”: Besselman, Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West and Beckering “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Resolution R16-044 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 11969 An Ordinance Amending Section 605.030 of the Code of Ordinances of the City of St. Charles Relative to Doing Business Without a License or Payment of a License Fee (Sponsor: Mary Ann Ohms) Councilmember Tom Besselman requested discussion on Council Bill 11969 prior to a vote for final passage. City Attorney Michael Valenti provided a brief explanation on the intent of the purposed bill. A separate vote was taken on Council Bill 11969. Passed “Aye”: Herrmann, Ohmes, Ohms, Reese, West, Beckering, Feldman and Hanneke “Nay”: Besselman Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-170 Bill 11977 An Ordinance Amending Chapter 600 Pertaining to Alcoholic Beverages to Amend Existing Sections and Add a New Section To Be Known As Section 600.145 Pertaining to Pub Crawls (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-171 Bill 11978 An Ordinance Authorizing the Partial Vacation of an Existing Public Utility Easement, Consisting of Approximately 105 Square Feet of Land Located on Part of Lot B of South Drive Tower Subdivision, Also Known as 1562 Veterans Memorial Parkway (Sponsor: Laurie Feldman) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-172 Bill 11979 An Ordinance Ordering that Certain Improvements Within the New Town at St. Charles Phase Ten Neighborhood Improvement District of the City Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant to the Neighborhood Improvement District Act (Sponsors: Rod Herrmann and Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-173 Bill 11980 An Ordinance Amending Ordinance No. 16-147 by revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” To Add Casey Lindsey as the designated Convention Sales Manager (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman “Nay”: None Absent: Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-174 Bill 11981 An Ordinance Authorizing a Contract with Bi-State Utilities Company for the Pralle Lane 38FF Water Upgrade Project in an Amount Not to Exceed $478,852.00 (Sponsor: Laurie Feldman) Councilmember Tom Besselman requested a separate vote on Council Bill 11981. File #48501 Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Feldman “Nay”: None Abstain: Besselman Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-175 Bill 11982 An Ordinance Amending Code of Ordinances Sections 120.220 and 120.230 Pertaining to the Public Works Department and Enacting a New Article to Be Known as Article XIII Consisting of Three New Sections Establishing a Department of Engineering (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-176 Bill 11983 An Ordinance Repealing Ordinance No. 2016-135 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Establishing the Department Director Position of Director of Engineering; Deleting Exempt Positions; RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Creating Exempt and Non-Exempt Positions and Grades; and Providing for an Effective Date (Sponsor: Mary Ann Ohms) Passed “Aye”: Feldman, Hanneke, Herrmann, Ohmes, Ohms, Reese, West, Beckering and Besselman “Nay”: None Absent: Stivison Approved by the Honorable Mayor on September 6, 2016 and is known as Ordinance 16-177 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 11984 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 #9) (Sponsor: Mary Ann Ohms) Bill 11985 An Ordinance Approving Cooperative State and Local Agreements Between the United States Department of Justice, Drug Enforcement Administration and the City of St. Charles, Missouri to Participate in Task Force Group 2 Regarding the Trafficking of Narcotics and Dangerous Drugs for the Period October 1, 2016 Through September 30, 2017 and Authorizing the Mayor to Execute the Agreements (Sponsor: Jerry Reese) Bill 11986 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 Sixteen (Sponsor: Mary Ann Ohms) Bill 11987 An Ordinance Authorizing a Contract with the Mid-East Area Agency on Aging, Inc., for the Operation of a Meals on Wheels Program (Sponsors: Jerry Reese, Laurie Feldman, Mary Ann Ohms and Tom Besselman) Bill 11988 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Barthel North Main Drainage Improvement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Mary Ann Ohms) Bill 11989 An Ordinance Amending Section 705.280 of the Code of Ordinances Pertaining to the Sewer Lateral Repair Program to Temporarily, for the Calendar Years 2017, 2018 and 2019, Reduce the Annual Fee from $28.00 to $20.00 (Sponsor: Rod Herrmann) RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Bill 11990 An Ordinance Repealing Certain Parking Restrictions in a Residential Parking Permit District (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11991 An Ordinance Amending Chapter 400 of the Code of Ordinances by Establishing a Residential Permit Parking District in the Area around St. Charles High School (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11992 An Ordinance Authorizing an Agreement By and Between St. Louis County, on Behalf of the St. Louis County Department of Police and the City of St. Charles to Allow One (1) City Police Officer to Participate in the Multi-Jurisdictional Drug Task Force from January 15, 2017 Through January 15, 2018 (Sponsor: Jerry Reese) Bill 11993 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 Lisa James, an Approximate 0.85 Acre Tract of Land Known as 137 Diekamp Lane (Sponsor: Mary West) Bill 11994 An Ordinance Rezoning to City Zoning District R-1D (Single-Family Residential District) from St. Charles County Zoning District R-1E (Single-Family Residential District) an Approximate 0.85 Acre Tract of Land Located at 137 Diekamp Lane (Sponsor: Mary West) Bill 11995 An Ordinance Rezoning to Zoning District R-1E (Single-Family Residential District) within the EHP (Extended Historic Preservation District) Overlay from Zoning District PD-R (Planned Development-Residential District) Approximately 0.41 Acres of Land Located at 2001 and 2003 North Fifth Street (Sponsor: Mary Ann Ohms) Bill 11996 An Ordinance Rezoning to Zoning District C-3 (Highway Business District) within the EHP (Extended Historic Preservation District) Overlay from FHCD (Frenchtown Historic Commercial District) within the EHP (Extended Historic Preservation District) Overlay Approximately 0.57 Acres of Land Located at 102 Howard Street (Sponsor: Mary Ann Ohms) Bill 11997 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ 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 Linda S. Russell, an Approximate 0.92 Acre Tract of Land Known as 136 Kunze Drive (Sponsor: Laurie Feldman) Bill 11998 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) an Approximate 0.92 Acre Tract of Land Located at 136 Kunze Drive (Sponsor: Laurie Feldman) Bill 11999 An Ordinance Approving the Record Plat for Streets of St. Charles Amended Plat Nine, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Election of an “Employer Delegate” for the Annual Missouri Local Government Employees Retirement System (LAGERS) Meeting (referred by Administration and Human Resource It was the consensus of the City Councilmembers to elect Councilmember Jerry Reese as the employer delegate for the annual Missouri LAGERS meeting being held on October 20 & 21, 2016. File #48625 CONSENT AGENDA Council President Mary Ann Ohms requested to remove Consent Agenda Item 10.G.2 from the consent agenda. A motion was made by DAVE BECKERING to approve the balance of the Consent Agenda. LAURIE FELDMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Reese, West, Beckering, Besselman, Feldman, Hanneke and Herrmann. “Nay”: None. Absent: Stivison. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 16, 2016 2. Public Hearing of August 16, 2016 File #48626 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of August 9, 2016 File #48498 b. Council Work Session of August 9, 2016 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ File #48489 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of August 9, 2016 i. Consensus of the Street Committee members that the current lettering on the river wall sign be removed and replaced with white lettering and corrected Est. Date of 1769 ii. Consensus of the Street Committee members that the shrub plantings along the Droste Road Corridor be similar to the species used on the 5th Street Gateway Project along the planting bed areas iii. Motion to table Item #11 Discussion Relative to Weight/Load Restriction Signage on Elm Street, to the September 27, 2016 Street Committee meeting b. Council Work Session of August 9, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Park and Recreation Board Meeting of June 15, 2016 File #48526 2. Special Business District Advisory Board Meeting of July 7, 2016 File #48511 3. Greater Saint Charles Convention & Visitors Commission Meeting of February 25, 2016 File #48522 4. Greater Saint Charles Convention & Visitors Commission Retreat of March 31, 2016 File #48522 5. Greater Saint Charles Convention & Visitors Commission Meeting of May 26, 2016 File #48522 6. Citizens with Disabilities Advisory Board Meeting of June 22, 2016 File #48562 7. Housing Authority Meeting of June 21, 2016 File #48541 8. Digital Media Commission Meeting of June 1, 2016 File #48602 9. Economic Development Commission Meeting of June 2, 2016 File #48525 10. Veterans Commission Meeting of July 11, 2016 File #48561 11. St. Charles Convention Center Oversight Subcommittee Meeting of June 6, 2016 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ File#48563 12. St. Charles Convention Center Oversight Subcommittee Meeting of June 20, 2016 File #48563 13. Public Facilities Authority Board Meeting of August 27, 2015 File #48631 D. Receipt of Reports of the Director of Administration 1. Authorization to Re-Classify and Fill Vacant Position in Finance Department File #48627 2. Authorization to Fill Vacant Position in Fire Department File # 3. Authorization to Re-Classify and Fill Vacant Position in Administration Department File # E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Don Brown Chevrolet, Inc. for the Purchase of Two (2) New 2017 Model Year Chevrolet Tahoes for the Fire Department in an Amount not to exceed $75,444.00 C16-518 2. Change Order #1 to Contract with Tramar Contracting, Inc. for Additional Wayfinding Signage for the I-70/5th Street Interchange Construction Wayfinding Project for the Administration Department in the amount of $308.55, for a Total Contact Amount of $30,298.05 C16-360 3. Contract with World Wide Technologies, Inc. for Four (4) PowerEdge R370 Servers for the Information Technology Department in an Amount not to exceed $48,684.04 C16-516 4. Contract with TripAdvisor, LLC for the 2016/2017 State Grant Year Internet Advertising Campaign for the Convention and Visitors Bureau in an Amount not to exceed $51,650.00 C16-515 5. First Renewal Contract with Ambius for Holiday Lighting and Decoration Services for Greater St. Charles Convention & Visitors Bureau in an Amount not to exceed $78,000.00 C15-463 6. Contract with Safeware, Inc. for all of the labor, materials, machinery, equipment, and perform all work for the Purchase and Installation of Two (2) 24kW Kohler Propane Gas Generators for the Fire Department in an RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Amount not to exceed $37,300.00 C16-517 F. Preliminary Plats (none) G. Miscellaneous 1. Approval of Liquor License Application for Zhen Sun d/b/a Sushi Ai located at 2009 Zumbehl Road File #48531 2. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (City Clerks Department) Withdrawn – File #48630 3. Approval of Liquor License Application for Tyson Martinez d/b/a Fort Charles, LLC d/b/a Fort Taco located at 3788 Elm Street File #48531 4. Approval of Home Improvement Loans and Grants File #48530 ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Laurie Feldman announced the Keep It Close Campaign has been finalized and thanked everyone involved for making this happen! Councilmember Feldman asked staff to have the kits for this campaign available for distribution at the upcoming St. Charles Night Out Event. The kits can also be distributed to groups and organizations that city officials meet with. The kits will contain key chains, magnets, post cards and window decals. Councilmember Mary West thanked Councilmember Feldman for implementing this program. Councilmember Jerry Reese announced Council Bill 11987 regarding the Meals on Wheels Program was introduced this evening. The Senior Citizen Advisory Commission will be meeting next Tuesday to discuss their second campaign for this program. Councilmember Reese reported a check in the amount of $20,000 will be presented to the Meals on Wheels Program representatives at the October 4, 2016, Regular City Council Meeting. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. City Council Work Session on Tuesday, August 9, 2016, at 6:30 p.m. in the Council Chambers 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); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:35 p.m. in RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 6, 2016 ______________________________________________________________________________ Conference Room A JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohms, Reese, West, Beckering, Besselman, Feldman, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: Stivison Motion passed. The Regular Council Meeting was adjourned at 8:11 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer

Agenda

AGENDA Regular Session of the City Council of the City of Saint Charles, Missouri Council Chambers – 4th Floor – City Hall – 200 North Second Street Tuesday, September 6, 2016 7:00 p.m. 1. ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 2A. August 2, 2016, Election Results 1. Canvass of Election Results of the Special Municipal Election held on Tuesday, August 2, 2016, and Declaration of the Election Results (RCA Attached) 3. PUBLIC HEARING A. Amendment to Chapter 400 of the Code of Ordinances by Establishing a Residential Permit Parking District in the Area around St. Charles High School (Council Bill 11991) B. Case No. Z-2016-4. (Lisa James) An application to rezone upon annexation a 0.85 acre tract of land known as 137 Diekamp Lane, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1D Single-Family Residential District. The property will be located in Ward 4 upon annexation. (Council Bill 11994) C. Case No. Z-2016-6. (Linda Russell) An application to rezone upon annexation a 0.92 acre tract of land known as 136 Kunze Drive, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1E Single-Family Residential District. The property will be located in Ward 3 upon annexation. (Council Bill 11997) D. Case No. Z-2016-7. (Habitat for Humanity of St. Charles Co.) An application to rezone two lots of record identified as 2001 and 2003 North Fifth Street from PD-R Planned Development-Residential District to R-1E Single-Family Residential District within the Extended Historic Preservation District Overlay. The subject properties are approximately 0.41 acres and are located in Ward 1. (Council Bill 11995) E. Case No. Z-2016-8. (St. Charles Oktoberfest, Inc – Dan Foust) An application to rezone land known as 102 Howard Street from FHCD Frenchtown Historic Commercial District within the EHP Extended Historic Preservation District Overlay to C-3 Highway Business District within the EHP Extended Historic Preservation District Overlay. The subject property is 0.57 acres and is located in Ward 1. (Council Bill 11996) F. Case No. CU-2016-25. (Joe Brazil – Grapevine Wine Bistro & Visitors Center) 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 (existing home) for lodging for compensation on a short-term basis at 916 North 1 Fourth Street. The subject property is 0.10 acres and is located in Ward 1. (RCA Attached) G. Case No. CU-2016-26. (VFW Post 2866) An application for a Conditional Use Permit from §400.150(D)(1)(k) for Meeting Facilities for Fraternal, Masonic and Philanthropic Clubs and Organizations within the R-1C Single-Family Residential District, specifically to construct a new building/meeting hall with associated parking at 66 VFW Lane. The subject property is 14.26 acres and is located in Ward 4. (RCA Attached) H. Case No. CU-2016-27. (St. Charles Oktoberfest, Inc – Dan Foust) An application for a Conditional Use Permit from §400.230(C)(1)(c) for a Material Storage Yard in connection with a permitted use within the C-3 Highway Business District, specifically to approve outdoor storage in connection with a proposed warehouse at 102 Howard Street. The subject property is 0.57 acres and is located in Ward 1. (Case No. CU-2016-27 to remain open until the November 8, 2016, Regular City Council Meeting, per applicant’s request) (RCA Attached) 4. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS A. Proclamation Proclaiming September 17 through 23, 2016, as “Constitution Week” in the City of Saint Charles B. Proclamation Recognizing Walter Rogalski (Presented by Mayor Sally A. Faith and Missouri State Representative Justin Hill) C. Appointments to Boards/Commissions/Committees D. Budget Amendment No. 9 (Council Bill 11984) E. Written and/or Verbal Messages from the Mayor 5. PUBLIC COMMENT A. Reading of Written Petitions, Memorials, and Remonstrances B. Public Comment Relative to Agenda Items C. Public Comment Relative to City Issues NOTE: To address the Council, please complete a speaker card and present to the City Clerk prior to the meeting. 6. RESOLUTIONS A. A Resolution to Reestablish a Procedure to Disclose Potential Conflicts of Interests for Certain Municipal Officials (Sponsor: Mary Ann Ohms) B. A Resolution Determining the Intent of the City Of St. Charles, Missouri to Reimburse Itself for Certain Capital Expenditures in Connection with Construction and Improvement of Parks and Storm Water Facilities (Sponsor: Mary Ann Ohms) C. A Resolution Declaring One (1) 1999 Gravely Zero Turn Mower Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Trades-In (Sponsor: Rod Herrmann) D. 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) 2 E. A Resolution Declaring a Metal Detector, X-Ray Inspection Device and a Metal Frame Surplus Property and Authorizing Donation of the Metal Detector to the Village of Vinita Terrace, Missouri and Disposal by Recycling of the X-Ray Inspection Device and Metal Frame (Sponsor: Ron Stivison) F. A Resolution Declaring 114 Sig Sauer Model P226R, 6 Sig Sauer Model P226 and 6 Glock Model 22, 9mm Pistols Assigned to the Police Department as Surplus Property; Authorizing Disposal by Trade-In for the Purchase of Glock Models 17 and 19 Pistols; and Providing for an Effective Date (Sponsor: Ron Stivison) 7. BILLS FOR FINAL PASSAGE Bill 11969 An Ordinance Amending Section 605.030 of the Code of Ordinances of the City of St. Charles Relative to Doing Business Without a License or Payment of a License Fee (Sponsor: Mary Ann Ohms) Bill 11977 An Ordinance Amending Chapter 600 Pertaining to Alcoholic Beverages to Amend Existing Sections and Add a New Section To Be Known As Section 600.145 Pertaining to Pub Crawls (Sponsor: Mary Ann Ohms) Bill 11978 An Ordinance Authorizing the Partial Vacation of an Existing Public Utility Easement, Consisting of Approximately 105 Square Feet of Land Located on Part of Lot B of South Drive Tower Subdivision, Also Known as 1562 Veterans Memorial Parkway (Sponsor: Laurie Feldman) Bill 11979 An Ordinance Ordering that Certain Improvements Within the New Town at St. Charles Phase Ten Neighborhood Improvement District of the City Be Made; and Directing that Financing for the Costs Thereof Be Obtained, All Pursuant to the Neighborhood Improvement District Act (Sponsors: Rod Herrmann and Mary Ann Ohms) Bill 11980 An Ordinance Amending Ordinance No. 16-147 by revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” To Add Casey Lindsey as the designated Convention Sales Manager (Sponsor: Mary Ann Ohms) Bill 11981 An Ordinance Authorizing a Contract with Bi-State Utilities Company for the Pralle Lane 38FF Water Upgrade Project in an Amount Not to Exceed $478,852.00 (Sponsor: Laurie Feldman) 3 Bill 11982 An Ordinance Amending Code of Ordinances Sections 120.220 and 120.230 Pertaining to the Public Works Department and Enacting a New Article to Be Known as Article XIII Consisting of Three New Sections Establishing a Department of Engineering (Sponsor: Mary Ann Ohms) Bill 11983 An Ordinance Repealing Ordinance No. 2016-135 and Enacting a New Ordinance to Adopt Positions, Salary, Wages and Other Compensation for Employees; Establishing the Department Director Position of Director of Engineering; Deleting Exempt Positions; Creating Exempt and Non-Exempt Positions and Grades; and Providing for an Effective Date (Sponsor: Mary Ann Ohms) 8. BILLS FOR INTRODUCTION Bill 11984 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 #9) (Sponsor: Mary Ann Ohms) Bill 11985 An Ordinance Approving Cooperative State and Local Agreements Between the United States Department of Justice, Drug Enforcement Administration and the City of St. Charles, Missouri to Participate in Task Force Group 2 Regarding the Trafficking of Narcotics and Dangerous Drugs for the Period October 1, 2016 Through September 30, 2017 and Authorizing the Mayor to Execute the Agreements (Sponsor: Jerry Reese) Bill 11986 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 Sixteen (Sponsor: Mary Ann Ohms) Bill 11987 An Ordinance Authorizing a Contract with the Mid-East Area Agency on Aging, Inc., for the Operation of a Meals on Wheels Program (Sponsors: Jerry Reese, Laurie Feldman, Mary Ann Ohms and Tom Besselman) Bill 11988 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Barthel North Main Drainage Improvement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Mary Ann Ohms) Bill 11989 An Ordinance Amending Section 705.280 of the Code of Ordinances Pertaining to the Sewer Lateral Repair Program to Temporarily, for the Calendar Years 2017, 2018 and 2019, Reduce the Annual Fee from $28.00 to $20.00 (Sponsor: Rod Herrmann) 4 Bill 11990 An Ordinance Repealing Certain Parking Restrictions in a Residential Parking Permit District (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11991 An Ordinance Amending Chapter 400 of the Code of Ordinances by Establishing a Residential Permit Parking District in the Area around St. Charles High School (Sponsors: Mary Ann Ohms and Dave Beckering) Bill 11992 An Ordinance Authorizing an Agreement By and Between St. Louis County, on Behalf of the St. Louis County Department of Police and the City of St. Charles to Allow One (1) City Police Officer to Participate in the Multi-Jurisdictional Drug Task Force from January 15, 2017 Through January 15, 2018 (Sponsor: Jerry Reese) Bill 11993 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 Lisa James, an Approximate 0.85 Acre Tract of Land Known as 137 Diekamp Lane (Sponsor: Mary West) Bill 11994 An Ordinance Rezoning to City Zoning District R-1D (Single-Family Residential District) from St. Charles County Zoning District R-1E (Single-Family Residential District) an Approximate 0.85 Acre Tract of Land Located at 137 Diekamp Lane (Sponsor: Mary West) Bill 11995 An Ordinance Rezoning to Zoning District R-1E (Single-Family Residential District) within the EHP (Extended Historic Preservation District) Overlay from Zoning District PD-R (Planned Development-Residential District) Approximately 0.41 Acres of Land Located at 2001 and 2003 North Fifth Street (Sponsor: Mary Ann Ohms) Bill 11996 An Ordinance Rezoning to Zoning District C-3 (Highway Business District) within the EHP (Extended Historic Preservation District) Overlay from FHCD (Frenchtown Historic Commercial District) within the EHP (Extended Historic Preservation District) Overlay Approximately 0.57 Acres of Land Located at 102 Howard Street (Sponsor: Mary Ann Ohms) Bill 11997 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 Linda S. Russell, an Approximate 0.92 Acre Tract of Land Known as 136 Kunze Drive (Sponsor: Laurie Feldman) 5 Bill 11998 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) an Approximate 0.92 Acre Tract of Land Located at 136 Kunze Drive (Sponsor: Laurie Feldman) Bill 11999 An Ordinance Approving the Record Plat for Streets of St. Charles Amended Plat Nine, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Laurie Feldman) 9. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION A. Election of an “Employer Delegate” for the Annual Missouri Local Government Employees Retirement System (LAGERS) Meeting (referred by Administration and Human Resource) 10. CONSENT AGENDA A. Approval of Council Minutes 1. Regular Council Meeting of August 16, 2016 2. Public Hearing of August 16, 2016 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of August 9, 2016 b. Council Work Session of August 9, 2016 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of August 9, 2016 i. Consensus of the Street Committee members that the current lettering on the river wall sign be removed and replaced with white lettering and corrected Est. Date of 1769 ii. Consensus of the Street Committee members that the shrub plantings along the Droste Road Corridor be similar to the species used on the 5th Street Gateway Project along the planting bed areas iii. Motion to table Item #11 Discussion Relative to Weight/Load Restriction Signage on Elm Street, to the September 27, 2016 Street Committee meeting b. Council Work Session of August 9, 2016 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Park and Recreation Board Meeting of June 15, 2016 2. Special Business District Advisory Board Meeting of July 7, 2016 3. Greater Saint Charles Convention & Visitors Commission Meeting of February 25, 2016 4. Greater Saint Charles Convention & Visitors Commission Retreat of March 31, 2016 6 5. Greater Saint Charles Convention & Visitors Commission Meeting of May 26, 2016 6. Citizens with Disabilities Advisory Board Meeting of June 22, 2016 7. Housing Authority Meeting of June 21, 2016 8. Digital Media Commission Meeting of June 1, 2016 9. Economic Development Commission Meeting of June 2, 2016 10. Veterans Commission Meeting of July 11, 2016 11. St. Charles Convention Center Oversight Subcommittee Meeting of June 6, 2016 12. St. Charles Convention Center Oversight Subcommittee Meeting of June 20, 2016 13. Public Facilities Authority Board Meeting of August 27, 2015 D. Receipt of Reports of the Director of Administration 1. Authorization to Re-Classify and Fill Vacant Position in Finance Department 2. Authorization to Fill Vacant Position in Fire Department 3. Authorization to Re-Classify and Fill Vacant Position in Administration Department E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Don Brown Chevrolet, Inc. for the Purchase of Two (2) New 2017 Model Year Chevrolet Tahoes for the Fire Department in an Amount not to exceed $75,444.00 2. Change Order #1 to Contract with Tramar Contracting, Inc. for Additional Wayfinding Signage for the I-70/5th Street Interchange Construction Wayfinding Project for the Administration Department in the amount of $308.55, for a Total Contact Amount of $30,298.05 3. Contract with World Wide Technologies, Inc. for Four (4) PowerEdge R370 Servers for the Information Technology Department in an Amount not to exceed $48,684.04 4. Contract with TripAdvisor, LLC for the 2016/2017 State Grant Year Internet Advertising Campaign for the Convention and Visitors Bureau in an Amount not to exceed $51,650.00 5. First Renewal Contract with Ambius for Holiday Lighting and Decoration Services for Greater St. Charles Convention & Visitors Bureau in an Amount not to exceed $78,000.00 6. Contract with Safeware, Inc. for all of the labor, materials, machinery, equipment, and perform all work for the Purchase and Installation of Two (2) 24kW Kohler Propane Gas Generators for the Fire Department in an Amount not to exceed $37,300.00 F. Preliminary Plats (none) 7 G. Miscellaneous 1. Approval of Liquor License Application for Zhen Sun d/b/a Sushi Ai located at 2009 Zumbehl Road 2. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (City Clerks Department) 3. Approval of Liquor License Application for Tyson Martinez d/b/a Fort Charles, LLC d/b/a Fort Taco located at 3788 Elm Street 4. Approval of Home Improvement Loans and Grants 11. ITEMS REMOVED FROM CONSENT AGENDA 12. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS A. Update from Council Liaisons on Boards/Commissions/Committees B. Written and/or Verbal Messages from the Council Members 13. EMERGENCY ORDINANCES (none) 14. TABLED BILLS (none) 15. APPROVAL OF CLOSED MINUTES A. City Council Work Session on Tuesday, August 9, 2016, at 6:30 p.m. in the Council Chambers 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); leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2); and sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:35 p.m. in Conference Room A 16. CLOSED SESSION, if requested, relative to: A. Legal actions, causes of action, or litigation (RSMo 610.021.1) B. Leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) C. Hiring, firing, disciplining or promotion of particular employees by a public governmental body when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3) D. Preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) E. Sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) 8 The City of St. Charles offers all interested citizens the opportunity to attend public meetings and comment on public matters. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of The City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949- 3282 or 636-949-3289 (TTY – for the hearing impaired). The City of St. Charles, Missouri, fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information, or to obtain a Title VI Complaint Form, please call the City Clerk’s Office at (636)949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. Posted: Friday, September 2, 2016 - 5:00 p.m. 9

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