City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, January 16, 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 # 48783 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 (none) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of Tom Blair, MoDOT St. Louis District Engineer and Andy Tuerck, MoDOT St. Charles Area Engineer (referred by Engineering) Director of Engineering Jerry Hurlbert introduced Mr. Blair and Mr. Tuerck to the Honorable Mayor Sally Faith and Members of the City Council. Presentation of the 2018 Human Relation Commission Award and the Dream Project Art Contest Awards (referred by the Human Relations Commission Members) Chairperson of the Human Relations Commission Carol Bannes and City staff member Chuck Lovelace presented the awards to the following recipients of the Dream Project Art Contest. Elementary School: 1st place- Autumn Ousley, 4th grade, Null Elementary 2nd place- Rafeal Martinez, 4th grade, Null Elementary 3rd place- Knox Herweck, 3rd grade, Lincoln Elementary Middle School: 1st place- Cooper Herweck, 8th grade, Hardin Middle 2nd place- Yanely Castellanos, 8th grade, Hardin Middle 3rd place- Leanna Mitts, 7th grade, Hardin Middle High School 1st place- Paris McCarvey-Harrison, 10th grade, Francis Howell North High 2nd place- Jayla Nick, 12th grade, St. Charles High 3rd place- Adreona Warren, 12th grade, St. Charles High Chairperson of the Human Relations Commission Carol Bannes presented the 2018 Human Relations Commission Award to recipient Jason Dunn.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Introduction of Timothy Steimel, Firefighter/Paramedic (referred by Fire Department) Fire Chief Craig Dodson introduced newly hired and sworn Firefighter/Paramedic Timothy Steimel to the Honorable Mayor Sally Faith and Members of the City Council. Verbal Update on Various Road Projects (referred by Administration & Engineering) Director of Engineering Jerry Hurlbert provided a brief update on the following road projects: Droste Road, First Capitol Enhancements and Rio Vista/Fifth Street. Mr. Hurlbert also provided a brief update on the new in-house departmental projects; more specifically the contractors and engineering firm performance evaluation process. Budget Amendment No. 2 (Council Bill 12433 Emergency Ordinance/Agenda Item 13) The Honorable Mayor Sally Faith announced budget amendment no. 2 is being read as an emergency ordinance this evening. Budget Amendment No. 3 (Council Bill 12434) The Honorable Mayor Sally Faith announced budget amendment no. 3 is being introduced this evening and Director of Finance Gina Jarvis is available to answer any questions relative to the budget amendments. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith reported Service Specialist Bill Crist, Meter Reader Charles Frayne, and Distribution Workers Paul Barker, Jeff Hunn, Zach Griffith, Alan Overbey, Ryan Boyle, Chris Campbell all stayed until just after 6pm on January 2nd. They had to work as a team to close out 96 total service requests, including the responding to 59 frozen water services/meters which either needed thawing or complete meter replacement. They did an exceptional job with all available water staff tackling this high volume of service calls. It’s now, during the worst weather conditions that our staff reminds us of, and proves their efficiency and effectiveness as professionals. Our customers surely appreciate the prompt professional attention paid to their needs. The Honorable Mayor Sally Faith reported Officer Chris Duke was selected as Officer of the Month in November 2017. The Honorable Mayor Sally Faith read a letter received by George & Sharlotte Worthington regarding a recent break-in/robbery at their business on Main Street. Mr. & Mrs. Worthington stated Officer Michael Wehrle and Forensic Officer Howell performed outstanding investigative work and made an arrest. The Honorable Mayor Sally Faith announced several upcoming events taking place this month and next month in the City of Saint Charles. To find out “what’s happening” on these and other upcoming events, visit the city’s website.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Declaring Equipment and Vehicles Assigned to the Parks and Recreation Department as Surplus Property and Authorizing Disposal by Trade-In and by On-Line Auction Service GovDeals (Sponsor: Mary Ann Ohms) Passed “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West and Beckering “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Resolution 18-03 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 17, 2018 and is known as Resolution 18-04 A Resolution Declaring Property Assigned to the Fire Department as Surplus Property; Authorizing Sale at Online Auction and Authorizing Recycling of Property 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 17, 2018 and is known as Resolution 18-05 A Resolution Authorizing Submittal of a Law Enforcement Equipment Grant Application to the Missouri Police Chiefs Charitable Foundation (Sponsors: Jerry Reese and 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 17, 2018 and is known as Resolution 18-06 BILLS FOR FINAL PASSAGE Bill 12416 An Ordinance Approving the Record Plat for Little Hills Industrial Park Resubdivision of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Lots 1, 2, 3 and 4, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary Ann Ohms) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-001 Bill 12417 An Ordinance Approving the Record Plat for McHowdy Ranch, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary Ann Ohms) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-002 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-003 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-004 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  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ 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 12420. Councilmember Mary Ann Ohms voiced concerns regarding the comps and inquired which property, 3165 or 3161, has the structure on it. Director of Engineering Jerry Hurlbert provided answers to Mr. Ohms inquires. Councilmember West also voiced concerns regarding the demo, sewer alignment and closing costs and requested Administration provides the Councilmembers with the estimated property tax and future maintenance costs on the property. Councilmember West reported she visited the property and from what she saw she cannot support this bill and requested Mayor Faith exercise her veto power on this bill should it pass this evening. Councilmember Dave Beckering reported the difference between purchasing this property verses fixing the creek is $800,000 and as sponsor of the bill supports it. Councilmember Bart Haberstroh reported he also visited the property and supports the bill. Councilmember Jerry Reese reported he will not be supporting the bill. A separate vote was taken on Council Bill 12420 with the following result: Passed “Aye”: Ohmes, Ohms, Ratchford, Beckering, Haberstroh, Hanneke and Herrmann “Nay”: Reese, West and Besselman Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-005 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-006 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-007 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-008 Bill 12424 An Ordinance Authorizing Agreements with Public Service Agencies for Administering Programs Benefiting St. Charles Citizens Utilizing Community Development Block Grant Funds for the Program Year January 1, 2017 - December 31, 2017 (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 18, 2018 and is known as Ordinance 18-009 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-010 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-011 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-012 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) Passed “Aye”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-013 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12429 An Ordinance Authorizing an Intergovernmental Agreement Between the City of St. Charles and REJIS Commission to Provide 2018 Law Enforcement Services for the Police Department for Communications and Computer Service in an Amount Not to Exceed $43,424.70 (Sponsors: Jerry Reese and John Hanneke) Bill 12430 An Ordinance Authorizing a Trail Connector License Agreement Among the Missouri Highways and Transportation Commission, Acting for and on Behalf of its Subordinate Missouri Department of Transportation; the Metropolitan Park and Recreation District d/b/a The Great Rivers Greenway District; and the City of St. Charles for Construction and Maintenance of a Bicycle and Pedestrian Trail Connector on Property Between Route 364 and Route 94 (Sponsor: Mary Ann Ohms) Bill 12431 An Ordinance Amending Section 505.160 Pertaining to Obstructing Sidewalks (Sponsors: Jerry Reese and Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Bill 12432 An Ordinance Amending Section 615.020 of the Code of Ordinances of the City of St. Charles, Missouri Pertaining to Utility Tax Refunds (Sponsor: John Hanneke) Bill 12434 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 #3) (Sponsor: John Hanneke) Bill 12435 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 2018 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 2018, 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) Bill 12436 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2018 Events of Honduran Street Party Run, Trailnet’s Spring Chicken Bike Ride, Yoga Event, StreetsFest Concerts, Mosaics Festival and Trailnet’s Ride the Rivers Bike Ride (Sponsors: Mary Ann Ohms, Vince Ratchford and John Hanneke) Bill 12437 An Ordinance Amending Sections 600.010, 600.020, 600.050, 600.140, 600.160, 600.260, and 600.280 of the Code of Ordinances Pertaining to Liquor Licenses; Amending Section 315.060 Pertaining to Temporary Traffic Control; Enacting a New Section to be Known as Section 215.1490 Establishing the Offense of Exceeding the Occupant Load; Amending Section 205.070 Pertaining to the International Fire Code; Providing a Severability and Savings Clause; and Providing for an Effective Date (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Bart Haberstroh and Bridget Ohmes) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Hanneke. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of January 2, 2018 2. Public Hearing of January 2, 2018 File #48784 B. Approval of Council Committee Reports 1. Approval of Council Minutes a. Retreat of the City Council of January 2, 2018 File # 48785 2. Approval of Council Committee Motions/Actions/Recommendations a. Retreat of the City Council of January 2, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Park and Recreation Board Meeting of November 15, 2017 File #48675 2. Park and Recreation Work Session of December 6, 2017 File #48675 3. Planning and Zoning Commission Meeting of November 27, 2017 File #48702 4. Board of Public Works Meeting of November 27, 2017 File #48701 D. Receipt of Reports of the Director of Administration 1. Authorization to Fill Vacant Positions in Fire Department File #48786 2. Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – December 2017 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with CDW Government, LLC for Panasonic Toughbooks and Havis Docking Stations in an Amount not to exceed $88,494.00 C18-031 2. Second Renewal Contract with SSM Health Care St. Louis for 2017 Medical Physicals for Firefighters in an Amount not to exceed $42,015.00 C15-526 3. Second Renewal Contract with Bound Tree Medical, LLC for Medical Supplies in an Amount not to exceed $51,500.00 C16-069  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ 4. Second Renewal Contract with Leon Uniform Company, LLC for Uniforms and Equipment for the Police Department in an Amount not to exceed $54,000.00 C16-031 5. Contract with World Wide Technology, Inc. for Servers and Related Equipment in an Amount not to exceed $99,839.80 C18-030 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 (City Clerk’s Office) File #48787 2. Receipt of the Zumbehl Road/Highway 94 Community Improvement District Annual Report for 2017 File #48788 3. Report of the Court Administrator of Monies Collected and Deposited – December 2017 4. Investment Report – December 2017 5. Approval of Liquor License Application for Zackery G. Davis d/b/a: Native Grill & Wings located at 1566 Country Club Plaza File #48789 6. Report of the City Clerk relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Fire Department) File #48787 ITEMS REMOVED FROM CONSENT AGENDA ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from the Council Members Councilmember Bridget Ohmes announced the City of Saint Charles will be hosting this month’s St. Charles County Municipal League Meeting. The meeting is being held on Monday, January 29, 2018 at Le Belle Coeur located at 1115 South Main Street starting at 6:00 p.m. EMERGENCY ORDINANCES Bill 12433 An Emergency 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 #2) (Sponsor: Jerry Reese) The City Clerk read Council Bill 12433 in its entirety.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI January 16, 2018 ______________________________________________________________________________ Council President John Hanneke and Councilmember Tom Besselman voiced concerns regarding the time from which the detective bureau’s video management system began failing until the time it took staff to come forward with the emergency purchase. A roll call vote was taken, with the following results: Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on January 17, 2018 and is known as Ordinance 18-014 APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following Closed Minutes: Council Work Session of December 19, 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); hiring, firing, disciplining or promoting of particular employees when information relating to the performance or merit of individual employees is discussed or recorded (RSMo 610.021.3); and preparation, including any discussions or work product, on behalf of the Council or its representatives for negotiations with employee groups (RSMo 610.021.9) at 6:30 p.m. TOM BESSELMAN 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. The Regular Council Meeting was adjourned at 8:07 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer