City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, March 7, 2017, 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, John Hanneke, Rod Herrmann, Bridget Ohmes, Jerry Reese and Mary West. Absent: Feldman. City Clerk Laura L. Whitehead was present and performed the duties of that office. File #48664 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 Laurie Feldman. JOHN HANNEKE 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 hearings, the Regular Session continued with the order of business: A. Case No. CU-2017-01. (Bart Berneking) An application for a Conditional Use Permit from §400.230(C)(1)(a) specifically for In-Vehicle Sales and Service associated with an existing restaurant within the C-3 Highway Business District located at 2320 1st Capitol Drive. The subject property is approximately 0.68 acres in size and is located in Ward 2. (RCA Attached) B. Case No. CU-2017-02 (Robey Taylor – Cullinan Properties, LLC) An application for a Conditional Use Permit from §400.480(F)(2)(a) for Special Events within the PD-MU Planned Development – Mixed Use District, specifically to hold 16 Special Events throughout the year on Beale Street (between Nichols Road and Lombard Street) within the Streets of St. Charles development. The subject area is approximately 0.75 acres and is located in Ward 3. (RCA Attached) C. Case No. Z-2017-01. (Jeff Parish – JQP Properties) An application to rezone a 0.39 acre tract of land known as 616 Old Friedens Road from City of St. Charles R-1D Single-Family Residential District to City of St. Charles R-1E Single- Family Residential District and a 6.87 acre tract of land located on the east side of Old Friedens Road, approximately 300 feet south of Floyd Drive upon annexation from St. Charles County R1E Single-Family Residential District and St. Charles County C1 Neighborhood Commercial District to City of St. Charles R-1E Single-Family Residential District. The properties are located in Ward 3. (Council Bill 12159) D. Case No. CU-2017-03. (Larry and Laura Muench) An application for a Conditional Use Permit from §400.200(C)(1)(g) for a meeting facility as an accessory use to an existing retail use within the HCD Historic Commercial District and within the SMPD South Main Preservation District Overlay located at  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ 700 South Main Street. The subject area is approximately 0.17 acres and is located in Ward 2. (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Recognition of Kristina Ball for her Life Saving Efforts of Friday, December 23, 2016 The Honorable Mayor Sally A. Faith read and presented a Certificate of Honor to Kristina Ball for her life saving efforts she performed on Friday, December 23 rd. Fire Chief Craig Dodson reported Miss Ball’s grandmother was suffering a diabetic attack and Miss Ball called 911 and was able to stabilize her grandmother until the paramedics arrived on the scene. Written and Verbal Messages from the Mayor (none) The Honorable Mayor Sally A. Faith announced upcoming events and reminded everyone the Trolley’s grand opening/ribbon cutting event is being held on Tuesday, March 14th at 10am at the Visitors Center on Main Street. For these and other events, visit www.historicstcharles.org. PUBLIC COMMENT There were no public comments. RESOLUTIONS 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”: Reese, West, Beckering, Besselman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Resolution 17-010 A Resolution Declaring Certain Parks and Recreation Department Equipment as Surplus Property and Authorizing Disposal by Trade-In and by On-Line Auction Service GovDeals Passed “Aye”: Reese, West, Beckering, Besselman, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Resolution 17-011 BILLS FOR FINAL PASSAGE Bill 12130 An Ordinance Authorizing a Four-Way Stop Sign at the Intersection of Jefferson Street and Seventh Street (Sponsor: Mary Ann Ohms) Engineering staff reported the meetings with schools and Baue have not be scheduled as of yet and that staff is considering an alternative to this item.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ Council President Mary Ann Ohms withdrew Council Bill 12130 from consideration. File #48698 Bill 12134 An Ordinance Authorizing a Contract with GBA Systems Integrators, LLC to Provide Project Coordination, Network Design and Project Management Services for the Fiber Optic WAN Infrastructure Design Project in an Amount Not to Exceed $106,990.00 (Sponsor: John Hanneke) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-036 Bill 12135 An Ordinance to “Opt-In” for the State Show Me Green Sales Tax Holiday from April 19 through April 25, 2017 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann and Bridget Ohmes) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-035 Bill 12136 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the 1733 and 1745 Muegge Road Sanitary Sewer Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: John Hanneke) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-037 Bill 12137 An Ordinance Authorizing a Contract with M & H Concrete Contractors, Inc. for the 2017 Annual Concrete Repair Project in an Amount Not to Exceed $1,314,229.00 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Dave Beckering, Rod Herrmann and Bridget Ohmes)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-038 Bill 12138 An Ordinance Authorizing a Contract with Sweetens Concrete Services, LLC for the 2017 Annual Crack Seal Project in an Amount Not to Exceed $246,624.38 (Sponsors: Mary Ann Ohms, Tom Besselman, Laurie Feldman, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann and Bridget Ohmes) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-039 Bill 12139 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 Nathan Avenue Between West Clay Street/Boone Avenue and Powell Street (Sponsors: Tom Besselman and Mary Ann Ohms) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-040 Bill 12140 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2017 Events of Honduran Street Party Run, Trailnet’s Spring Chicken Bike Ride, Spring Yoga Event, StreetsFest Concerts, Fall Yoga Event, Mosaics Festival and Trailnet’s Ride the Rivers Bike Ride (Sponsors: Mary Ann Ohms, Laurie Feldman and John Hanneke) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-041 Bill 12141 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the Music on Main  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ 2017 Event; Authorizing an Agreement with the Historic Downtown Business Association for the Purpose of Conducting the Music on Main Special Event from May Through September 2017, Which Shall Include the Placing of Booths on a Portion of the Main Street Sidewalk for the Dispensing of Alcoholic Beverages and Sale of Food to the Public, and the Providing of Live Entertainment (Sponsors: Mary Ann Ohms and John Hanneke) Passed “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese “Nay”: None Absent: Feldman Approved by the Honorable Mayor on March 8, 2017 and is known as Ordinance 17-042 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12142 An Ordinance Repealing Section 1(9)(c) of Ordinance Number 82-35 and Amending Schedule I, Table I-A of Chapter 325 of the Code of Ordinances by Repealing a 45 Mile Per Hour Speed Limit on a Portion of Fairgrounds Road from Fifth Street to Missouri State Highway 94 (First Capitol Drive) (Sponsor: Mary Ann Ohms) Bill 12143 An Ordinance to Authorize Application with the Missouri Department of Transportation, Traffic and Highway Safety Division, for the Law Enforcement Grant Program for the Period October 1, 2017 through September 30, 2018 for Five Grants; Authorize Acceptance of Grant Funds; and Authorize Execution of All Necessary Documents and Performance of all Acts to Accept and Receive the Grants (Sponsor: Jerry Reese) Bill 12144 An Ordinance Authorizing a Cooperative Agreement with The Lions Club of St. Charles, Missouri for the Operation of the Farmers Market During the Summer of 2017 (Sponsor: Mary Ann Ohms) Bill 12145 An Ordinance Authorizing a Contract with Andale Construction Inc. for the 2017 Annual Asphalt High Density Mineral Bond Project in an Amount Not to Exceed $377,716.00 (Sponsors: Mary Ann Ohms, Tom Besselman, Dave Beckering, Rod Herrmann and Bridget Ohmes) Bill 12146 An Ordinance Authorizing Supplemental Agreement No. 4 to the Engineering Services Contract with AECOM to Provide Additional Engineering Services for the Truman Road Reconstruction Project in an Amount of $9,860.00, for a Total Contract Amount Not to Exceed $310,845.00 (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ Bill 12147 An Ordinance Authorizing a Contract with Bi-State Utilities Company for the 16WTR37 Randolph Street Water Main Replacement Project in an Amount Not to Exceed $667,260.55 (Sponsor: Dave Beckering) Bill 12148 An Ordinance Authorizing Acceptance of Storm Sewer, Water Main, and their Appurtenances at Ole Tyme Produce and Authorizing Release of Security Related Thereto (Sponsor: Rod Herrmann) Bill 12149 An Ordinance Granting the St. Charles School District a Variance from Code of Ordinances Section 510.290(A)3(g), the Above Ground Storm Water Detention Facility Design Requirement, for the Property Located at 1323 Boones Lick Road (Sponsors: Tom Besselman and Rod Herrmann) Bill 12150 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Elm Street and Sibley Street Culvert Replacement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Dave Beckering and Rod Herrmann) Bill 12151 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Rio Vista and South Fifth Street Culvert Replacement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Laurie Feldman and Rod Herrmann) Bill 12152 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the St. Linus Sewer Reconstruction Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Dave Beckering and Rod Herrmann) Bill 12153 An Ordinance Authorizing a Contract with Pace Construction Company for the 2017 Annual Asphalt Maintenance Project in an Amount Not to Exceed $1,749,000.00 (Sponsors: Mary Ann Ohms, Dave Beckering, Rod Herrmann and Bridget Ohmes) Bill 12154 An Ordinance Authorizing a Letter Agreement Amending the Agreement Between the City of St. Charles, Missouri and the St. Charles Police Officers Association for the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ Police Officers Bargaining Unit Regarding Work Schedules for Employees Assigned to Investigative Services (Sponsors: John Hanneke and Jerry Reese) Bill 12155 An Ordinance Vacating Approximately 33,151 Square Feet of Right-of-Way Known As Island Harbor Alleys 1 and 2, Barter Alleys 2, 3 and 4 and Hiram Alley 5 All Within The New Town at St. Charles (Sponsor: Rod Herrmann) Bill 12156 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of One (1) 2018 International 7500 SFA 6x4, 58,000 G.V.W.R. Tandem-Axle Dump Truck with Dump Body, Snow Plow and Wing Plow in an Amount Not to Exceed $159,798.02 (Sponsor: Mary Ann Ohms) Bill 12157 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for Foxglove and Boschert Creek Erosion Control Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Mary West and Rod Herrmann) Bill 12158 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 Lindenwood University, Approximately 0.46 Acres of Land Known as 34 Floyd Drive, and Approximately 6.42 Acres of Land Known as 500 and 610 Old Friedens Road (Sponsor: Laurie Feldman) Bill 12159 An Ordinance Rezoning to City Zoning District R-1E (Single Family Residential District) from City Zoning District R-1D (Single-Family Residential District) Approximately 0.39 Acres of Land Known as 616 Old Friedens Road; and Rezoning to City Zoning District R-1E (Single Family Residential District) from County Zoning District R-1E (Single Family Residential District) and County Zoning District C-1 (Neighborhood Commercial District) Approximately 6.87 Acres of Land Known as 34 Floyd Drive, and 500 and 610 Old Friedens Road (Sponsor: Laurie Feldman) Bill 12160 An Ordinance Amending Schedule IV, Table IV-A of Title III Traffic Code of the Code of Ordinances by Amending the No Parking Restriction at the Foundry Art Centre Parking Lot (Sponsors: Jerry Reese and Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ Bill 12161 An Ordinance Authorizing Supplemental Agreement Number 1 to the Engineering Services Contract with M3 Engineering Group, P.C. to Provide Additional Design Services for the Cole Creek Flood Reduction Project in an Amount of $700,478.93, for a Total Amount Not to Exceed $950,417.93 (Sponsors: Bridget Ohmes and Rod Herrmann) Director of Administration Larry Dobrosky provided a brief update regarding this project and reported this project will be an item for discussion at the March 14, 2017 Council Work Session. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken with the following results: “Aye”: West, Beckering, Besselman, Hanneke, Herrmann, Ohmes, Ohms and Reese. Nay”: None. Absent: Feldman. Motion passed. A. Approval of Council Minutes (none) B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Mayor & City Council Retreat of February 11, 2017 File #48688 b. Joint City Council & School Boards Meeting of February 15, 2017 File #48689 c. Street Committee Meeting of February 21, 2017 File #48672 2. Approval of Council Committee Motions/Actions/Recommendations a. Mayor & City Council Retreat of February 11, 2017 b. Joint City Council & School Boards Meeting of February 15, 2017 c. Street Committee Meeting of February 21, 2017 i. Motion to advance the agenda to Item #9, Discussion Relative to Establishing an Ordinance Vacating Barter Alleys 2, 3, & 4, Hiram Alley 5 and Island Harbor Alleys 1 & 2 in New Town ii. Motion to introduce legislation vacating Barter Alleys 2, 3, & 4, Hiram Alley 5 and Island Harbor Alleys 1 & 2 in New Town iii. Motion to introduce legislation to establish a No-Parking restriction on the west side of Nathan Avenue from the southern curbline of West Clay Street to the northern curbline of Powell Street  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ iv. Motion to present a resolution of support for 2017 project applications, as presented, for Surface Transportation Program-Suballocated (STP-S) and Congestion Mitigation and Air Quality Improvement (CMAQ) funding currently available through East West Gateway Council of Governments (EWGCOG) v. Consensus of the Street Committee members items remaining on the Traffic Service Request reports for a period of time exceeding 60 days without communication from the requestor be removed from the report vi. Staff was directed to meet with school officials from Hardin Middle School and Coverdell Elementary School to discuss the turnable/moveable stop signs, get input from the schools and discuss all options with the school officials and bring back a recommendation to a future Street Committee meeting vii. Motion to table Item #6: Discussion Relative to Repealing City Code Section 335.100 – Turnable or Moveable Stop Signs to a future Street Committee meeting to a future Street Committee meeting viii. Motion to proceed with option two as presented by staff, reduce the parking wells on Jefferson Street to 8 feet allowing for 9.5 feet driving lanes C. Receipt of Reports from Boards, Commissions, or Committees 1. Park & Recreation Board Meeting of January 18, 2017 File #48675 2. Park & Recreation Board Executive Committee Meeting of January 27, 2017 File #48675 3. Park & Recreation Board Work Session of February 1, 2017 File# 48675 4. Landmarks Board Meeting of January 23, 2017 File #48690 5. Special Business District Advisory Board Meeting of January 5, 2017 File #48691 6. Housing Authority Commission Meeting of December 20, 2016 File #48541 7. Senior Citizen Advisory Commission Meeting of January 10, 2017 File #48692 8. Citizens with Disabilities Advisory Board Meeting of October 26, 2016 File #48562 9. Board of Adjustment Meeting of January 9, 2017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ File #48693 10. Board of Adjustment Meeting of February 6, 2017 File #48693 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill One (1) Full Time Utilities Superintendent Position in Public Works Department (VRIP) File #48676 2. Authorization to Fill One (1) New Planning Technician Position in Community Development File #48676 3. Authorization to Fill One (1) Vacant Position in Fire Department (VRIP) File #48676 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with St. Louis Post Dispatch, LLC to Provide Advertising in Various Publications in the St. Louis Advertising Network through December 31, 2017 for the Greater St. Charles Convention & Visitors Bureau in an Amount not to Exceed $60,000.00 C17-160 2. Contract with George L. Crawford and Associates d/b/a CBB to Provide Engineering Services for the Flashing Yellow Arrow Signal Improvement Project, Phase 2 in Amount not to Exceed $62,366.80 C17-162 3. Contract with Spencer Contracting Company for 811 Lewis – Alley No. 150 Storm Sewer Improvements in an Amount not to Exceed $88,950.10 C17-161 4. Contract with Spectrum Reach to Provide Advertising Services for the Greater St. Charles Convention & Visitors Bureau in an Amount Not To Exceed $80,000.00 C17-159 F. Preliminary Plats (none) G. Miscellaneous 1. January 2017 Investment Report File #48694 2. Kerber, Eck & Braeckel Financial Audit Engagement Letter for the Year Ended December 31, 2016 3. Approval of Home Improvement Loans/Grants File #48695  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 7, 2017 ______________________________________________________________________________ 4. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Finance Department) File #48668 5. Report of the Court Administrator of Monies Collected and Deposited during the Month of January 2017 File #48696 The Regular Council Meeting was adjourned at 7:56 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary Ann Ohms, Presiding Officer