City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, March 20, 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 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: Mayor Sally A. Faith. 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-2017-45. (William Peifer) An application for a Conditional Use Permit from §400.220(C)(1)(e) for a Motor Vehicle Service and Repair use within the C-2 General Business District located north of Barthel Avenue approximately 250 feet west of its intersection with North Third Street, known as 308 Barthel Avenue. The property is approximately 0.52 acres and is located within Ward 1. (WITHDRAWN) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Verbal Update Relative to Various Road Projects Assistant City Engineer Brad Temme provided brief updates on the following projects: Rio Vista Culvert, Droste Road, Truman Road and First Capitol Driver Water Line Work. Written and/or Verbal Messages from the Mayor Director of Administration Larry Dobrosky announced The Greater St. Charles County Chamber of Commerce along with the Cottleville/Weldon Spring Chamber, Western St. Charles County Chamber, and O'Fallon Chamber of Commerce & Industry are jointly hosting a reception for the new MoDOT Commissioner Bob Brinkman on Wednesday, March 21, 2018 from 4:00 p.m. – 6:00 p.m. at the EDC Business & Community Partners located at 5988 Mid Rivers Mall Drive. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointment: Landmarks Board Appointment of Chris Black to fulfill a three-year term ending February 2020 BRIDGET OHMES seconded the motion. A roll call vote was taken, with the following results: “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West and Beckering. “Nay”: None. Absent: None. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ File #48783 PUBLIC COMMENT Michael Pate, Columbia, South Carolina, representing Electric Guard Dog, spoke in favor of Council Bill 12487. RESOLUTIONS A Resolution Repealing Section 2 of Resolution 17-050 and Increasing the Number of Full-Time Employees of the City of Saint Charles to 455 (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 March 23, 2018 and is known as Resolution 18-015 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”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Resolution 18-016 A Resolution Authorizing Submittal of 2018 Project Applications for Surface Transportation Program-Suballocated and Congestion Mitigation and Air Quality Improvement Funding Available Through East West Gateway Council of Governments (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman, 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 March 23, 2018 and is known as Resolution 18-017 BILLS FOR FINAL PASSAGE Bill 12472 An Ordinance Authorizing Filing Four Grant Applications with the Missouri Department of Transportation, Traffic and Highway Safety Division, for the Law Enforcement Grant Program for the Period October 1, 2018 through September 30, 2019; and to Perform All Acts Necessary to Accept and Receive the Grants (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-057 Bill 12473 An Ordinance Authorizing an Equitable Sharing Memorandum of Understanding between the Federal Agencies of the Financial Investigation Task Force Group 28 and the City of St. Charles, Missouri for Participation in the United States Department of Justice Equitable Sharing Program (Sponsors: Jerry Reese and John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-058 Bill 12474 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 #5) (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-059 Bill 12475 An Ordinance Authorizing a Cooperative Cost Sharing and License Agreement Between the City of St. Charles, Missouri and Preferred Family Healthcare, Inc. for Structural Repairs to the Stairwell Connecting the Bridgeway Offices to the St. Charles City Hall Parking Structure (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-060 Bill 12476 An Ordinance Amending Section 600.280 of the Code of Ordinances Pertaining to Liquor Licenses (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-061 Bill 12477 An Ordinance Authorizing Change Order Number 4 to the Contract with Millstone Weber, LLC for the Harry S. Truman Road Reconstruction Project in an Amount of $177,681.70, for Total Amount Not to Exceed $5,482,781.36 (Sponsors: Jerry Reese and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-062 Bill 12478 An Ordinance Authorizing a Contract with Unnerstall Contracting Company, LTD, for the Second Street Water Main Replacement Project in an Amount Not to Exceed $524,363.00 (Sponsors: Tom Besselman and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-063 Bill 12479 An Ordinance Authorizing a Contract with EDM, Inc., for the Thrush and Mayer Treadway Stormwater Improvement Project in an Amount Not to Exceed $157,350.00 (Sponsors: Rod Herrmann, Bridget Ohmes and Bart Haberstroh) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-064 Bill 12480 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Cunningham Woodlawn Storm Sewer Improvement Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Tom Besselman and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-065  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ Bill 12481 An Ordinance Authorizing Acceptance of Public Improvements for the Estates at Talbridge Phases 1 and 2 and Authorizing Release of Security Related Thereof (Sponsors: Vince Ratchford and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-066 Bill 12482 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 Hempstead Street (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-067 Bill 12483 An Ordinance Approving the Record Plat for 916-926 Hemsath Road Condominium Phase One Resubdivision of Unit 100 of Building C-2, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Mary West) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-068 Bill 12484 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 Kevin Craig Osadnick and Angela Osadnick Approximately 2.779 Acres of Land With an Address of 1733 Muegge Road (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-069 Bill 12485 An Ordinance Rezoning to City Zoning District R-1C (Single Family Residential District from St. Charles County Zoning District R-1E (Single-Family Residential District) Approximately 2.779 Acres of Land with an Address of 1733 Muegge Road (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-070 Bill 12486 An Ordinance Rezoning to City Zoning District C-2 (General Business District) from City Zoning District R-1E (Single-Family Residential District) Approximately 0.52 Acres of Land with an Address of 308 Barthel Avenue (Sponsor: Mary Ann Ohms) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-071 Bill 12487 An Ordinance Amending Section 400.550 of the Code of Ordinances Pertaining to Fences (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-072 Bill 12488 An Ordinance Authorizing the Mayor to Execute an Intergovernmental Cooperative Agreement Between the City of St. Charles and the City of St. Charles School District for the Construction of the Traffic Signal at Elm Street and Hardin Middle School (Sponsors: Dave Beckering and Bart Haberstroh) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-073  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ Bill 12489 An Ordinance Declaring a Mobile Home Located at 303 Oak Leaf Drive Surplus Property and Authorizing Disposal by Transfer of Title to Oak Leaf MHC, LLC (Sponsor: Tom Besselman) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman and Haberstroh “Nay”: None Absent: None Approved by the Honorable Mayor on March 23, 2018 and is known as Ordinance 18-074 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12490 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 2018 (Sponsor: Mary Ann Ohms) Bill 12491 An Ordinance Amending Ordinance No. 17-232 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Deleting an Authorized User and Inserting Authorized Users (Sponsor: John Hanneke) Bill 12492 An Ordinance Authorizing an Engineering Services Contract with CDG Engineers, Inc. to Provide Engineering Services for the Sanitary Arc Flash Assessment Project in an Amount Not to Exceed $115,300.00 (Sponsor: Rod Herrmann) Bill 12493 An Ordinance Repealing Ordinance No. 2004-281 Which Established Parking Restrictions in the 2300 Block of Gallaher Avenue (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman, John Hanneke) Bill 12494 An Ordinance of The City of St. Charles, Missouri, Repealing City of St. Charles, Missouri, Code Of Ordinances, Chapter 230: Noise Control, and Adopting and Enacting a New Chapter 230: Noise Control, of The City Of St. Charles, Missouri, Code of Ordinances; and Providing a Repealer Clause, a Severability Clause, a Savings Clause, a Penalty Clause, And An Effective Date (Sponsors: Mary Ann Ohms, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Bart Haberstroh, Bridget Ohmes)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ 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”: Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Hanneke. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes (none) B. Approval of Council Committee Reports 1. Approval of Council Minutes a. Council Work Session (closed) of March 6, 2018 File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (closed) of March 6, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Greater Saint Charles Convention & Visitors Commission Meeting of January 25, 2018 File #48005 2. Human Relations Commission Meeting of January 4, 2018 File #48006 3. Landmarks Board Meeting of January 22, 2018 File #48007 4. Citizens with Disabilities Advisory Board Meeting of January 24, 2018 File #48008 5. Board of Public Works Meeting of January 22, 2018 File #48009 6. Planning and Zoning Commission Meeting of January 29, 2018 File #48010 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations >$10,000 – February 2018 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Authorization to execute an agreement for relocation expenses of Plaza Sales and Services for moving cost, reinstallation cost and re- establishment expenses for the purchase and relocation of the owner of 2408 West Clay needed for the West Clay Rehabilitation East Improvement Project in the amount not exceed $30,097.50 C18-137  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ 2. Authorization to enter into a Utility Relocation Agreement with Charter Communications Entertainment I, LLC for undergrounding overhead utilities along 5th Street from I-70 to Boone’s Lick Road across 5th Street in an amount not to exceed $50,830.09 C18-147 3. Contract with Schuhmacher Fire Equipment, LLC to provide and deliver five (5) GCT 5111 EVO3 Combi Tool, 5.0 AH 120v Pkg the contract price shall not exceed $46,090.00 C18-146 F. Preliminary Plats 1. A subdivision of 1733 Muegge Road, specifically consisting of two (2) lots on approximately 2.779 acres File #48011 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 (Police Department) File #48787 2. Report of the Court Administrator Relative to Monies Collected and Deposited – February 2018 3. 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 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS There were no announcements from the Council Members. APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: Council Work Session of Tuesday, February 20, 2018, 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), 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 6:00 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 20, 2018 ______________________________________________________________________________ ROD HERRMANN 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. The Regular Council Meeting was adjourned at 7:15 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer