City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, May 1, 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. Election of President and Vice President of the City Council Ballots were distributed for the election of President of the City Council. The ballots were counted, with the following results: John Hanneke – 10 votes. The City Clerk announced John Hanneke was elected President of the Council. Ballots were distributed for the election of Vice President of the City Council. The ballots were counted, with the following results: Mary West – 9 votes. Tom Besselman – 1 vote. The City Clerk announced Mary West was elected Vice President of the Council. File #48819 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. Amendment to Preliminary Development Plan and Development Agreement for the Villages at Sandfort Farm, Formerly Known as the Sandfort Tract (Council Bill 12528) B. Case No. CU-2018-10. (My Secret Garden – Holly Reimer) An application for revisions to a previously approved Conditional Use Permit (CU-2017-29) 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) C. Case No. CU-2018-11. (Rachel Fawkes) An application for a Conditional Use Permit from §400.270(C)(1) for a dog beauty parlor use within the CBD Central Business District and within the EHP Extended Historic Preservation District Overlay located at 115 North 5th Street. The subject property is approximately 0.15 acres and is located in Ward 1. (RCA Attached) D. Case No. TA-2018-04. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.421 Guest Houses and §400.670 Parking Schedule, specifically to amend parking standards for guest house uses. (Council Bill 12532)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Proclamation proclaiming May 6, 2018 through May 13, 2018 as National Music Week The Honorable Mayor Sally A. Faith presented a proclamation to Donna Kinslow and Carol Langley proclaiming May 6 through May 13, 2018 as National Music Week in the City of Saint Charles, Missouri. Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith announced the recipients of the Employer of the Year Award. Categories: Manufacturing, Boeing; Retailer, Bean Blossom; Service, City of St. Charles School District; Sustainability, Leader; and Jack Heck Award, Blind Ambition. Mayor Faith also announced BH North America is relocating its headquarters from the state of California to the City of Saint Charles. The Honorable Mayor Sally Faith announced several upcoming events “happening” in the City of Saint Charles. PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Authorizing the Filing of the 2019 Marketing Match Grant Application with the Missouri Division of Tourism, Promote Missouri Fund Program (Sponsors: John Hanneke and Vince Ratchford) Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Resolution 18-023 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”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Resolution 18-024  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 12517 An Ordinance Authorizing a Contract with Andale Construction, Inc. for the 2018 Annual Asphalt High Density Mineral Bond Project in an Amount Not to Exceed $582,260.00 (Sponsors: Bart Haberstroh and Dave Beckering) Councilmember Tom Besselman requested Director of Public Works Jim Wright to come forward and provide an overview on the contract and bid process. Councilmember Besselman voiced concerns regarding this item not being presented to the City Council Street Committee prior to being presented to the full Council for consideration. Councilmember Besselman requested Director Wright provide details on the product and the warranty. Director Wright also reported this contract will be amended to include a no cost five-year warranty. Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-101 Bill 12518 An Ordinance Authorizing a Public Transit Operating Assistance Grant Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles for Receipt of State Transportation Funds in the Amount of $8,587.00 During the Period of July 1, 2017 through June 30, 2018 (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-102 Bill 12519 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Two 2019 International 7400 SFA 4x2, 35,000 G.V.W.R. Single-Axle Dump Trucks with Dump Body, Snow Plow and Salt Spreader in an Amount Not to Exceed $295,202.18 (Sponsor: Dave Beckering) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-103 Bill 12520 An Ordinance Authorizing Change Order Number 1 to the Contract with Kozeny- Wagner, Inc., for the Missouri Flood Gates #1, Sites 1 and 6 Project in an Amount of  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ $43,732.90 for a Total Amount Not to Exceed $391,921.40 (Sponsors: Mary Ann Ohms and Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-104 Bill 12521 An Ordinance Authorizing a Contract with Dura-Seal & Stripe, Inc. dba Dura-Seal Paving Contractor for the Veterans Memorial Parkway Right Turn Lane at Regency Parkway Project in an Amount Not to Exceed $159,436.00 (Sponsor: Jerry Reese) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-105 Bill 12522 An Ordinance Authorizing Change Order Number 1 to the Contract with JTL Landscaping, LLC for the Barthel to North Main Drainage Improvements Project in an Amount of $65,506.88, for a Total Amount Not to Exceed $399,322.41 (Sponsors: Mary Ann Ohms and Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-106 Bill 12523 An Ordinance Authorizing a Contract with Pundmann Ford for the Purchase of Ten 2018 Model Year Ford Explorer Police Interceptor Sport Utility Vehicles and Three 2018 Model Year Ford Taurus Police Interceptor Sedans in an Amount Not to Exceed $373,122.00 (Sponsors: Jerry Reese and John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-107  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ Bill 12524 (Amended) 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 #6) (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-108 Bill 12525 An Ordinance Authorizing a Small Cell Master License Agreement with MO Network Utility Transport, LLC (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Rod Herrmann and Bridget Ohmes) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-109 Bill 12526 An Ordinance Amending Section 600.280 of the Code of Ordinances Pertaining to Liquor Licenses by Limiting the Number of Liquor Licenses in the French Town Historic Commercial District (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-110 Bill 12527 (To be Withdrawn - Supplemental RCA Attached) An Ordinance Vacating Right-of-Way of Schattdecor Drive (Sponsor: Rod Herrmann) A motion was made by ROD HERRMAN to withdraw Council Bill 12527. DAVE BECKERING seconded the motion. All voted in favor. Motion passed. File #48820 Bill 12528 An Ordinance Amending the Preliminary Development Plan and Development Agreement for the Villages at Sandfort Farm, Formerly Known as the Sandfort Tract, Within the PD-R Planned Development Residential District (Sponsor: Jerry Reese) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on May 3, 2018 and is known as Ordinance 18-111 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12529 An Ordinance Authorizing a Student Clinical Site Affiliation Agreement Between the City of St. Charles and Lindenwood Female College d/b/a Lindenwood University for the Purpose of Implementing a Program to Provide Clinical Experience and Training in Emergency Medical Services (Sponsor: Mary Ann Ohms) Bill 12530 An Ordinance Repealing Ordinance Number 2017-293; 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 Bogey Hills Golf & Country Club, Inc., an Approximate 106.495 Acre Tract of Land with an Address of 1120 Country Club Road (Sponsors: Jerry Reese and John Hanneke) Bill 12531 An Ordinance Authorizing Filing a Grant Application with the U.S. Department of Justice, Office of Justice Programs, for the Bulletproof Vest Partnership Grant; and to Perform All Acts Necessary to Accept and Receive the Grant (Sponsors: Jerry Reese and John Hanneke) Councilmember Mary Ann Ohms requested her name be added as sponsor on Council Bill 12531 Bill 12532 An Ordinance Amending Sections 400.421 and 400.670 of the Code of Ordinances Pertaining to Parking Standards for Guest Houses in Residential Zoning Districts (Sponsor: John Hanneke) Councilmember Mary Ann Ohms requested her name be added as sponsor on Council Bill 12532 Bill 12533 An Ordinance Authorizing Filing a Grant Application with the Walmart Foundation for the Walmart Community Grant Funds to Help Cover the Cost of Data Drive Anti-Crime and Traffic Safety Overtime Payments to Police Officers; and to Perform All Acts Necessary to Accept and Receive the Grant (Sponsors: Jerry Reese and John Hanneke) Councilmember Mary Ann Ohms requested her name be added as sponsor on Council Bill 12533 Bill 12534 An Ordinance Terminating the Police Services Agreement Approved by Ordinance Number 2018-008 and Authorizing an Amended Police Services Agreement with the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ Saint Charles R-VI School District for Two School Resource Officers for the Period of July 1, 2018 Through June 30, 2021 (Sponsors: Jerry Reese and John Hanneke) Bill 12535 An Ordinance Authorizing Supplemental Agreement Number 2 to the Engineering Services Contract with Woodard and Curran, Inc. for the Design of the Elm Street and Sibley Street Culvert Replacement Project in an Amount of $1,300.00, for a Total Amount Not to Exceed $150,690.00 (Sponsors: Dave Beckering, Bart Haberstroh and Rod Herrmann) Bill 12536 An Ordinance Authorizing a Contract with JTL Landscaping, LLC for the 2016 Creek Stabilization Project in an Amount Not to Exceed $182,457.50 (Sponsors: Dave Beckering and Rod Herrmann) Bill 12537 An Ordinance Authorizing a Field Practice Agreement Between the Board of Trustees of Southern Illinois University Governing Southern Illinois University Edwardsville and the City of St. Charles, Missouri to Establish an Educational Relationship Relating to Water Supply and or Wastewater Treatment Operations by Allowing the University to Utilize the City’s Treatment Facility for the Period of May 16, 2018 Through July 20, 2018 (Sponsor: Rod Herrmann) Bill 12538 An Ordinance Authorizing a Contract with KCI Construction Company for the Marina Lift Station Emergency Storage Project in a Total Amount Not to Exceed $199,500.00 (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 12539 An Ordinance Authorizing Change Order Number 1 to the Contract with Gershenson Construction Company, Inc. for the First Capitol Enhancements Project in an Amount of $272,910.62, for a Total Amount Not to Exceed $2,631,130.62 (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 12540 An Ordinance Authorizing a Cost Apportionment Agreement between the Missouri Highways and Transportation Commission and the City of St. Charles to Coordinate Funding the Cost of Reviewing Traffic Analysis and Modeling for Route 364 and 94 Interchange and Along Route 94 Easterly to Zumbehl Road in an Amount Not to Exceed $25,000.00 (Sponsors: Mary West and John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ Bill 12541 An Ordinance Amending Chapter 145 of the Code of Ordinances by Enacting a New Section to be known as Section 145.055 Pertaining to Contractor Responsibility for Construction Contracts (Sponsors: Dave Beckering, Mary Ann Ohms, Tom Besselman, Vince Ratchford, Rod Herrmann and Bridget Ohmes) Councilmember Mary West requested her name be added as sponsor on Council Bill 12541. Bill 12542 An Ordinance Approving the Record Plat for Truman Crossing Plat Three, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese) 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”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of April 17, 2018 2. Public Hearing of April 17, 2018 File #48821 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of April 10, 2018 File #48790 b. Council Work Session (Closed) of April 17, 2018 File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of April 10, 2018 i. Consensus of the City Council that staff work to bring the cost of the project down and come back to the City Council with new options ii. Councilmember Ohms reported she supports amending the liquor code to add the Frenchtown area and requested this legislation be presented to the Council for consideration and to add her as sponsor iii. Staff was requested to provide the Councilmembers with a list of the 12 applications for variances within the past three years. Councilmember Dave Beckering also requested  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ Director Evans bring back a recommendation to amend the zoning code to allow larger accessory structures on residential lots to the full Council iv. Consensus of the Councilmembers not to adopt a policy at this time. If a Councilmember has concerns regarding a special use permit he/she should discuss the concern with the Director of Administration and the Director of Community Development b. Council Work Session of April 17, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of March 19, 2018 File #48807 2. Veterans Commission Meeting of March 12, 2018 File #48822 3. Senior Citizen Advisory Commission Meeting of March 13, 2018 File #48802 4. Fair Housing Commission Meeting of January 18, 2018 File #48823 5. Arts and Culture Commission Meeting of February 7, 2018 File #48824 6. Special Business District Advisory Board Meeting of March 1, 2018 File #48799 7. Special Business District Advisory Board Meeting of February 1, 2018 File #48799 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Thoele Asphalt Paving, Inc. for the 2018 Building Demolitions Project in an amount not to exceed $91,500.00 C18-203 2. Contract with Reinhold Electric, Inc. for the Installation of Fiber Optic Cable from the Criminal Justice Center to Fire Station #4 in an amount not to exceed $72,504.00 C18-201 F. Preliminary Plats 1. Approval of Camdon Farms G. Miscellaneous 1. Approval of an Electronic Message Sign for the City of Saint Charles School District Early Childhood Center located at 1323 Boones Lick Road  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ File #48825 2. Receipt of the Elm Point Commons Community Improvement District Annual Report for 2017 File #48788 3. Receipt of the Elm & 370 Community Improvement District Annual Report for 2017 File #48788 4. Receipt of the Veteran’s Memorial Parkway Community Improvement District Annual Report for 2017 File #48788 5. Receipt of the Fountain Lakes Commerce Center North Community Improvement District Annual Report for 2017 File #48788 6. Receipt of the Fairgrounds Road Community Improvement District Annual Report for 2017 File #48788 7. Receipt of the Plaza at Noah’s Ark Community Improvement District Annual Report for 2017 File #48788 8. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Clerks Office) File #48787 9. Approval of Arts and Culture Commission Expenditures File #48826 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese thanked the Police Department for another successful Prescription Drug Take Back Event that was held this past Saturday. TABLED BILLS Bill 12494 (Amended) 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) (Tabled at the April 17, 2018 Regular Council Meeting)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 1, 2018 ______________________________________________________________________________ There was no action taken on Tabled Council Bill 12494 The Regular Council Meeting was adjourned at 7:45 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer