City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, January 2, 2018, 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 John Hanneke, presiding, and the Honorable Mayor Sally A. Faith and Members of the Council present as follows: Dave Beckering, Tom Besselman, Bart Haberstroh, Rod Herrmann, Bridget Ohmes Mary Ann Ohms, Vince Ratchford, Jerry Reese and Mary West. Absent: None. City Clerk Laura L. Whitehead was present and performed the duties of that office. File # 48782 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 John Hanneke announced that the 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-2017-29 (My Secret Garden) An application for a Conditional Use Permit from §400.480(E) specifically to increase the permitted area for the outdoor display of merchandise within the C-2 General Business District located at 2305 Droste Road. The subject property is approximately 0.949 acres and is located in Ward 9. (RCA Attached) B. Case No. Z-2017-25. (Lombardo Homes of St. Louis, LLC) An application to rezone approximately 103.90 acres of land located north of West Clay Street approximately 500 feet east of its intersection with Point West Boulevard from St. Charles County R1E Single Family Residential District, R1E/FF Single Family Residential District within the Floodway Fringe District, and R1E/FF/FW Single- Family Residential District within the FW Floodway District and FF Floodway Fringe District to City of St. Charles R-1E Single Family Residential District upon annexation. The subject property will be located in Ward 6 upon annexation. This application also includes a rezoning of 21.24 acres from City of St. Charles I-1 Light Industrial District to City of St. Charles R-1E Single Family Residential District. The subject property is located in Ward 6. The proposed R- 1E District for a total of 125.15 acres will set the maximum residential density for a subsequent rezoning request. Tabled by the Planning & Zoning Commission until the January 29, 2018 Planning & Zoning Meeting. Item is to be held until the February 6, 2018 Regular City Council Meeting. (RCA Attached) C. Case No. Z-2017-26. (Lombardo Homes of St. Louis, LLC) An application to rezone approximately 125.15 acres of land located north of West Clay Street approximately 500 feet east of its intersection with Point West Boulevard from R- 1E Single Family Residential District to PD-R Planned Development Residential District. In conjunction with the rezoning, a preliminary development plan and development agreement will be considered. The preliminary development plan proposes detached single-family residential lots, a pool house, and common open  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ space. The subject property will be located in Ward 6 upon annexation. Tabled by the Planning & Zoning Commission until the January 29, 2018 Planning & Zoning Meeting. Item is to be held until the February 6, 2018 Regular City Council Meeting. (RCA Attached) D. Case No. Z-2017-27. (Sunshine Home Care St. Charles, LLC) An application to rezone approximately 2.25 acres of land known as 618 Hemsath Road from St. Charles County R1E Single Family Residential District to City of St. Charles R- 1E Single Family Residential District upon annexation. The subject property will be located in Ward 3 upon annexation. (Council Bill 12427) E. Case No. CU-2017-38. (Stephen White) An application for a Conditional Use Permit from §400.200(C)(1)(h), specifically for a guest house use within the HCD/LMPD Historic Commercial District and within the Landmark Preservation District overlay located at 1109-1111 South Main Street. The subject property is approximately 0.16 acres in size and is located in Ward 2. (RCA Attached) F. Case No. CU-2017-39. (Terry Pollard) An application for a Conditional Use Permit from §400.150(D)(1)(p) specifically for a guest house use within the R- 1E/FPD Single Family Residential District and within the Frenchtown Preservation District overlay located at 1212 North 4th Street. The subject property is approximately 0.85 acres and is located in Ward 1. (RCA Attached) G. Case No. CU-2017-40. (Klover Architects – Ryan Talbott) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an In Vehicle Sales and Service use, specifically for a drive-thru within the C-2 General Business District located at 2919 Veterans Memorial Parkway. The subject property is approximately 1.07 acres and is located in Ward 6. (RCA Attached) H. Case No. CU-2017-41. (Anita Wessling (Marley) An application for a Conditional Use Permit from §400.150(D)(1)(p) for a Guest House use within the R-1E Single Family Residential District located at 6 White Oaks Lane. The subject property is approximately 3.89 acres in size and is located in Ward 9. (RCA Attached) I. Case No. CU-2017-42. (Kevin Foley) An application for a Conditional Use Permit from §400.240(C)(1)(a), specifically for a motor vehicle sales use within the I-1 Light Industrial District located at 2220 North 3rd Street. The subject property is approximately 2 acres in size and is located in Ward 1. (RCA Attached) J. Case No. CU-2017-44. (Lynn Sullivan) An application for a Conditional Use Permit from §400.240(C)(1)(a), specifically for a motor vehicle sales use within the I-1 Light Industrial District located at 2200 North 3rd Street. The subject property is approximately 2 acres in size and is located in Ward 1. (RCA Attached) K. Case No. TA-2017-09. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions and §400.250 “I-2” Heavy Industrial District pertaining to Material Recovery Facilities and Landfills. (Council Bill 12428)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: BOARD OF PUBLIC WORKS Appointment of Frank Marchesi to fulfill a three-year term ending June 2019 MEDIA DIGITAL COMMISSION Reappointment of Dr. Terri Steffes for a three-year term ending December 2020. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese and West. “Nay”: None. Absent: None. Motion passed. File #48783 Budget Amendment #1 (Council Bill 12425) The Honorable Mayor Sally A. Faith reported Budget Amendment No. 1, Council Bill 12425, is being introduced this evening and should anyone have questions relative to the Council Bill to please contact Director of Finance Gina Jarvis. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith reported Christmas Traditions was a hit and thanked Director of Convention & Visitors Bureau Joe Ward, the CVB staff and everyone who participated. The Honorable Mayor Sally A. Faith read a letter the City received from a resident thanking Officer Enz who responded to her traffic accident on New Year’s Eve and assisted her with removing her children’s car seats from her car, collected her belongings and offered to drive her and her sons home. Mayor Faith thanked Officer Enz for doing a great job! The Honorable Mayor Sally A. Faith announced with the recent temperatures, the Department of Public Works has responded to many frozen pipes and/or water meters. Crews are working throughout the City to restore water services as soon as possible. If anyone experiences frozen pipes or need help on how to prepare for emergencies, visit the Red Cross website at www.redcross.org. The Honorable Mayor Sally A. Faith announced several upcoming events. For information on “what’s happening”, visit www.discoverstcharles.com. PUBLIC COMMENT There were no public comments.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ 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”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Resolution 18-001 A Resolution Declaring One Trailer Mounted Sewer Jetter Assigned to the Public Works Department as Surplus Trade In (Sponsor: Rod Herrmann) Passed “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Resolution 18-002 BILLS FOR FINAL PASSAGE Bill 12407 An Ordinance Authorizing the Purchase of Property Located at 2236 Graystone Drive for the Sale Price of $205,200 and Closing Costs Not To Exceed $1,300 and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Dave Beckering) Councilmember Mary West requested a separate vote on Council Bill 12407. A separate vote was taken on Council Bill 12407 with the following results: Passed “Aye”: Hanneke, Herrmann, Ohmes, Ratchford, Beckering and Haberstroh “Nay”: Ohms, Reese, West and Besselman Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-298 Bill 12408 An Ordinance Authorizing the Purchase of Property Located at 2232 Graystone Drive for the Sale Price of $194,200 and Closing Costs Not To Exceed $1,300 and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Dave Beckering) Councilmember Mary West requested a separate vote on Council Bill 12408. A separate vote was taken on Council Bill 12408 with the following results: Passed “Aye”: Herrmann, Ohmes, Ratchford, Beckering, Haberstroh and Hanneke “Nay”: Ohms, Reese, West and Besselman Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-299 Bill 12409 (Amended) An Ordinance Amending Section 365.030 of the Code of Ordinances Pertaining to Skateboarding at City Owned Buildings (Sponsors: Jerry Reese and Tom Besselman) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-300 Bill 12410 An Ordinance Amending Ordinance Number 16-269 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2017 (Budget Amendment #14) (Sponsor: John Hanneke) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-301 Bill 12411 An Ordinance Authorizing the Purchase of Property Located at 504 Droste Road for the Sale Price of $390,000 and Closing Costs Not To Exceed $5,000 and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Bart Haberstroh) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-302 Bill 12412 An Ordinance Amending Chapter 405 of the Code of Ordinances by Amending Section 405.240 Relating to Street Lighting Facilities (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-303  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ Bill 12413 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 Elm Street (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-304 Bill 12414 An Ordinance Authorizing an Intergovernmental Cooperative Agreement Between the City of Saint Charles, Missouri and St. Charles County, Missouri for Network Access (Sponsor: John Hanneke) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-305 Bill 12415 An Ordinance Authorizing Amendment Number 1 to the Agreement with Charter Communications for Fiber Ethernet, Internet and Voice Services in an Amount of $109,153.80, for a Total Contract Amount Not to Exceed $344,593.80 (Sponsor: John Hanneke) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None. Approved by the Honorable Mayor on January 3, 2018 and is known as Ordinance 17-306 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12416 An Ordinance Approving the Record Plat for Little Hills Industrial Park Resubdivision of Lots 1, 2, 3 and 4, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary Ann Ohms) Bill 12417 An Ordinance Approving the Record Plat for McHowdy Ranch, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ Bill 12418 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Second Street and Lawrence Street Storm Sewer Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsor: Mary Ann Ohms) Bill 12419 An Ordinance Authorizing Amendment No. 1 to the Contract with The Law Office of Stephen A. Martin for Additional Legal Services Associated with Condemnation Proceedings for the Acquisition of Real Estate Rights for the West Clay Street Rehabilitation East Project (Droste Road to Duchesne Drive) in an Amount of $90,000.00, for Total Amount Not to Exceed $107,000.00 (Sponsor: Tom Besselman) Bill 12420 An Ordinance Authorizing the Purchase of Property Located at 3165 Duquette Drive for the Sale Price of $175,000 and Closing Costs Not To Exceed $4,000 and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Dave Beckering) Bill 12421 An Ordinance Re-Authorizing a Grant Agreement by and between the Missouri Development Finance Board and the City of St. Charles, Missouri for Partial Construction Funding in the Amount of $515,000 for Improvements to the 1-70 Eastbound Bridge and Highway 370 Bridge over the Missouri River by Adding Bicycle/Pedestrian Additions as Described in the June 2015 Tiger 7 Discretionary Grant Application (Sponsor: Mary Ann Ohms) Bill 12422 An Ordinance Approving a Settlement Agreement with Union Electric Company d/b/a Ameren Missouri (“Ameren” or “Defendant”) and Authorizing the Mayor and City Clerk to Execute Documents Necessary to Facilitate Receipt of Settlement Funds (Sponsor: John Hanneke) Bill 12423 An Ordinance Authorizing a Police Services Agreement with the Saint Charles R-VI School District for Two (2) School Resource Officers for the Period of July 1, 2018 Through June 30, 2021 (Sponsors: Jerry Reese and John Hanneke) Bill 12424 An Ordinance Authorizing Agreements with Public Service Agencies for Administering Programs Benefiting St. Charles Citizens Utilizing Community Development Block  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ Grant Funds for the Program Year January 1, 2017 - December 31, 2017 (Sponsor: John Hanneke) Bill 12425 An Ordinance Amending Ordinance Number 17-272 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2018 (Budget Amendment #1) (Sponsor: John Hanneke) Bill 12426 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 Sunshine Home Care St. Charles LLC, an Approximate 2.25 Acre Tract of Land With an Address of 618 Hemsath Road (Sponsor: Vince Ratchford) Bill 12427 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District) Approximately 2.25 Acres of Land with an Address of 618 Hemsath Road (Sponsor: Vince Ratchford) Bill 12428 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.050 and 400.250 Pertaining to Material Recovery Facilities and Landfills (Sponsors: John Hanneke and Vince Ratchford) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Appointment to Board of Adjustment A motion was made by MARY ANN OHMS to approve the re-appointment of Maureen Rogers- Bouxsein with a term ending in January 2023. TOM BESSELMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann. “Nay”: None. Absent: None. Motion passed. File #48780 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”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of December 19, 2017  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ B. Approval of Council Committee Reports 1. Approval of Council Minutes a. Council Work Session (Closed) of December 19, 2017 File #48673 C. Receipt of Reports from Boards, Commissions, or Committees 1. Convention Center Oversight Subcommittee Meeting of October 2, 2017 File #48703 2. Convention Center Oversight Subcommittee Meeting of November 6, 2017 File #48703 3. Greater St. Charles Convention and Visitors Commission Meeting of July 27, 2017 File #48700 4. Great St. Charles Convention and Visitors Commission Meeting of October 26, 2017 File #48700 5. Housing Authority Commission Meeting of October 17, 2017 File #48721 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill (1) Vacant Position in the Public Works Department (Street Maintenance Worker) File #48676 2. Authorization to Fill (1) Vacant Position in the Police Department (Records Clerk) File #48676 3. Authorization to Fill (1) Vacant Position in the Police Department (Police Officer) File #48676 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Gerstner Electric, Inc. for Streetlight and Traffic Signal Maintenance and Repair Services for the Public Works Department in an Amount not to Exceed $96,000.00 C#18-008 2. Contract with Roadside Systems, Inc. for GPS/AVL Equipment and Software for Facilities, Street, Sewer, and Water Divisions in an Amount not to Exceed $31,580 C#18-010  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 2, 2018 ______________________________________________________________________________ 3. Contract with Coe Equipment Co. for the Purchase of One (1) Vactor Ramjet Model 3030-750 Trailer Mounted High Pressure Jetter and Trade In of Old Model for the Public Works Department in an Amount not to Exceed $71,485.00 C#18-011 F. Preliminary Plats (none) G. Miscellaneous 1. 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 2. Approve an Electronic Message Sign for The Foot & Ankle Center at 1519 South Old Highway 94 File #48781 APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following Closed Minutes: A. Council Work Session of December 12, 2017 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) JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting was adjourned at 7:31 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer