City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, June 5, 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 and Mary West. Absent: Jerry Reese. 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. A motion was made by ROD HERRMANN to excuse the absence of Councilmember Jerry Reese. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. Councilmember Dave Beckering announced he would like to advance to Council Bill 12547 for Final Passage. BILLS FOR FINAL PASSAGE Bill 12547 An Ordinance Amending Section 600.020 of the Code of Ordinances to Prohibit Disposal of Intoxicating Liquor During Certain Hours in the Historic Downtown District (Sponsors: Dave Beckering, Mary West and Bart Haberstroh) Councilmember Beckering stated he and the sponsors of Council Bill 12547 support tabling the bill for 30 days. Mr. Beckering reported Administration has scheduled another pubic meeting for Main Street Businesses and Property Owners to discuss Council Bill 12547 and how we might come together to resolve some of the issues that prompted this bill. The next public meeting is being held on Tuesday, June 12 at 9:00 a.m. at City Hall, Council Chambers. A motion was made by DAVE BECKERING to table Council Bill 12547 for thirty days and to vote on Council Bill 12547 at the July 3, 2018 Regular City Council Meeting. MARY WEST seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, West and Beckering. “Nay”: None. Absent: Reese. Motion passed. Councilmember Rod Herrmann reported he and his wife visited North Main Street this past Saturday night from 10:00 p.m. to 2:00 a.m. Mr. Herrmann voiced concerns regarding the noise and thanked Police Chief Randy McKinley and Captain Ray Juengst for taking him and his wife around the area that night. Mr. Herrmann also reported the St. Charles Police Officers do an excellent job! Mr. Herrmann recommended all Members of the Council visit North Main Street in the evening with Chief McKinley.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ 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-2018-12. (Robert Dodd) An application for a Conditional Use Permit from §3.1 of the Saint Charles Gateways Smartcode, specifically to approve a Guest House use within the T4-NMX Neighborhood Mixed Use District, located at 418 McDonough Street. The subject property is 6,480 square feet, is zoned C-2 General Business District within the EHP Extended Historic Preservation District, within the T4-NMX Neighborhood Mixed Use District, located in Ward 2. (RCA Attached) B. Case No. CU-2018-13. (Jacob Illy – Well Properties, LLC) An application for a Conditional Use Permit from §400.250(C)(1) for outdoor storage within the I-2 Heavy Industrial District, specifically to approve the storage of recreational vehicles, campers, boats and trailers only at Lot 45 of Elm Point Industrial Park, more specifically located on the north side of Mueller Road, approximately 700 feet northwest of the intersection of Mueller Road and Elm Point Industrial Drive. The subject property is 3.95 acres and is located in Ward 8. (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Introduction of the Following Firefighter/Paramedics: Daniel Ashlock and Tyler Grovenor Deputy Fire Chief Michael Grzyb introduced Mr. Ashlock and Mr. Grovenor and provided a brief bio on each. Update Relative to Code Enforcement and Mosquito Spraying Director of Community Development Bruce Evans provided an update regarding the mosquito spraying program and steps taken by staff regarding complaints received by citizens regarding weeds and tall grass. Mr. Evans reported staff is continuing to perform “sweeps” throughout the neighborhoods; however, due to the high number complaints received and that they are short one code enforcement officer, they are running behind on the sweeps. Mr. Evans thanked Police Chief Randy McKinley and the police officers for all of their assistance with code enforcement. Budget Amendment No. 7 (Council Bill 12560) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 7 is being introduced this evening and should anyone have questions, Director of Finance Gina Jarvis is available for answers. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments:  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ Board of Public Works Reappointment of Ted Glosier for a three year term ending June 2021. Building Board of Appeals Reappointment of Patrick Riley for a three year term ending June 2021. Citizens with Disabilities Advisory Board Appointment of Patricia Jett to fulfill a three year term ending October 2019. City County Library Board Reappointing Julie Bartch for her first three year term ending June 2021. Convention Center Oversight Subcommittee Reappointment of Dave Beckering for a one year term ending May 2019. Reappointment of Bart Haberstroh for a one year term ending May 2019. Reappointment of John Hanneke for a one year term ending May 2019. Reappointment of Jerry Reese for a one year term ending May 2019. Economic Development Commission Appointment of Jason Sefrit for a three year term ending June 2021. ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Herrmann, Ohmes, Ohms, Ratchford, West, Beckering, Besselman, Haberstroh and Hanneke. “Nay”: None. Absent: Reese. Motion passed. File #48783 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith announced several upcoming events “happening” in the City of Saint Charles. PUBLIC COMMENT Susan Berthold, 302 North Main Street, representing Special Business District and herself, voiced concerns regarding the atmosphere of neighborhood and presented suggestions for resolving this issues. Randy Schilling, South Main Street, thanked Mayor Faith and the Members of the City Council for their leadership in dealing with the issues on North Main Street. Penny Pitman, 105 North Main Street, spoke in opposition to Tabled Council Bill 12494 and voiced concerns with the current liquor code. Ms. Pitman offered suggestions on amending and enforcing the current liquor ordinances.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ Sharlotte Worthington, 220, 222 & 226 North Main Street, voiced concerns with the current liquor code and suggested the City consider modernizing the current liquor code. Ms. Worthington also suggested the City enforce the existing ordinances and provided general comments regarding Tabled Council Bill 12484 supports an amendment to the existing noise ordinance. Emily Ostby, voiced concerns regarding Council Bill 12547. Douglas Hon, 116 North Main Street, asked who is organizing the Main Street Meetings. Council President Hanneke stated Director of Administration Larry Dobrosky would provide you with this information after the meeting. RESOLUTIONS A Resolution of Support for a Smart Parking Project Application for Congestion Mitigation and Air Quality Funding Currently Available Through East-West Gateway Council of Governments (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Passed “Aye”: Ohmes, Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Resolution 18-028 A Resolution Declaring Vehicles and Equipment assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Sale at Manheim Auto Auction or On-Line Auction Service GovDeals (Sponsor: John Hanneke) Passed “Aye”: Ohmes, Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Resolution 18-029 A Resolution Declaring One Dell Server Assigned to the Information Technology Department to be Surplus Property and Authorizing Donation of Same to St. Charles County Dispatch and Alarm (Sponsor: John Hanneke) Passed “Aye”: Ohmes, Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Resolution 18-030  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ 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, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Resolution 18-031 BILLS FOR FINAL PASSAGE Bill 12543 An Ordinance Authorizing a Student Clinical Site Affiliation Agreement Between the City of St. Charles and Boone County Fire Protection District for the Purpose of Implementing a Program to Provide Clinical Experience and Training in Emergency Medical Services (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Ordinance 18-126 Bill 12544 An Ordinance Authorizing an Agreement Between St. Charles County, Missouri and the City of St. Charles, Missouri to Annex and Convey Right-of-Way of a Portion of Fairgrounds Road (Sponsor: Vince Ratchford) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Ordinance 18-127 Bill 12545 An Ordinance Authorizing Execution of an Ingress, Egress and Utility Easement Agreement with GTP Towers IV, LLC (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 8, 2018 and is known as Ordinance 18-128 Bill 12546 An Ordinance Authorizing a Cooperative Cost Sharing Agreement Between the City of St. Charles and The New Town at St. Charles General Assembly for Galvanized Steel  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ Perforated Plates for Open-Grated Bridges in New Town in an Amount Not to Exceed $15,693.33 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Ordinance 18-129 Bill 12547 An Ordinance Amending Section 600.020 of the Code of Ordinances to Prohibit Disposal of Intoxicating Liquor During Certain Hours in the Historic Downtown District (Sponsors: Dave Beckering, Mary West and Bart Haberstroh) Council Bill 12547 TABLED at the start of this meeting. Bill 12548 An Ordinance Authorizing a Contract with Donelson Construction Company, LLC for the Annual Asphalt Microsurfacing Project 2018 in an Amount Not to Exceed $1,396,556.50 (Sponsors: Mary Ann Ohms, Dave Beckering and Bart Haberstroh) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Ordinance 18-130 Bill 12549 An Ordinance Amending Section 400.550 of the Code of Ordinances Pertaining to Fences (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on June 11, 2018 and is known as Ordinance 18-131 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12550 An Ordinance Amending Ordinance No. 18-76 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing an Authorized User (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ Bill 12551 An Ordinance Authorizing a Cooperative Agreement Between the City of St. Charles and St. Charles Properties, LLC for the Repair and Maintenance of Stormwater Drainage Facilities (Sponsor: Rod Herrmann) Bill 12552 An Ordinance Amending Sections 700.060, 700.070, 700.100, and 700.130 of the Code of Ordinances of the City of Saint Charles, Missouri, Pertaining to Backflow Prevention (Sponsors: Rod Herrmann and Dave Beckering) Bill 12553 An Ordinance Authorizing a Terminal Agency Agreement for Missouri Uniform Law Enforcement System and National Crime Information Center Access (Sponsors: Jerry Reese and John Hanneke) Bill 12554 An Ordinance Authorizing a Storm Sewer Line License Agreement Between Missouri Department of Natural Resources and City of St. Charles for the Construction, Use, Maintenance, Repair and Installation of a Sixty Inch Diameter Storm Sewer Drainage Line Located in the Right of Way Along the Katy Trail State Park (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 12555 An Ordinance Authorizing a Contract with M & H Concrete Contractors, Inc. for the 2018 Annual Concrete Repair Project in an Amount Not to Exceed $1,246,410.00 (Sponsors: Jerry Reese and Bridget Ohmes) Bill 12556 An Ordinance Authorizing a Contract with KCI Construction, Inc. for the Cole Creek at Zumbehl Bank Stabilization Project in an Amount Not to Exceed $1,180,750.00 (Sponsors: Jerry Reese and Rod Herrmann) Bill 12557 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Huntington Downs Bank Stabilization Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Bridget Ohmes and Rod Herrmann) Bill 12558 An Ordinance Authorizing Amendment Number 5 to the Contract with Aerotek, Inc. to Extend the Contract for the Existing Project Manager for the Engineering Department in an Amount of $84,360.00, for a Total Contract Amount Not to Exceed $416,480.00 (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ Bill 12559 An Ordinance Authorizing a Contract with Gerstner Electric, Inc. for the Flashing Yellow Arrow Signalization Improvements - Phase II Project in an Amount Not to Exceed $107,109.00 (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Bill 12560 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 #7) (Sponsor: John Hanneke) Bill 12561 An Ordinance Authorizing a Contract with Dave Sinclair Ford, Inc. for the Purchase of Three 2019 Model Year Ford Medium Duty Work Trucks in an Amount Not to Exceed $288,916.05 (Sponsor: Rod Herrmann) Bill 12562 An Ordinance Authorizing and Ratifying a Police Services Agreement with Pace Construction Company to Provide Police-Related and Traffic Services for the Road Construction Project in or around 1-70 North Outer Road between Cave Springs and Zumbehl and 1-70 South Outer Road between Zumbehl and Route 94 (Sponsor: Jerry Reese) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request to Waive 2017 Real Property Taxes for Saint Charles County Housing Authority (referred from the May 15, 2018 Regular City Council Meeting) A motion was made by DAVE BECKERING to approve the request to waive the 2017 real property taxes for the Saint Charles Housing Authority in the amount of $10,267.20. TOM BESSELMAN seconded the motion. A roll call vote was taken, with the following results: “Aye”: Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Reese. Motion passed. File #48828 Request to Waive Building Permit Fees for the New Central County Fire Station to be Constructed on Truman Boulevard (referred by Councilmember Jerry Reese) A motion was made by DAVE BECKERING to approve the request to waive the building permit fees for the new Central Fire Station to be constructed on Truman Boulevard. MARY ANN OHMS seconded the motion. A roll call vote was taken, with the following results: “Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Reese. Motion passed. File #48831  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ CONSENT AGENDA Councilmember Dave Beckering suggested removing the liquor licenses applications from the consent agenda and requiring public hearings for liquor license applications. Both new and renewals. A motion was made by DAVE BECKERING to approve the Consent Agenda. VINCE RATCHFORD seconded the motion. A roll call vote was taken with the following results: “Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Reese. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of May 15, 2018 2. Administrative Hearing of May 15, 2018 File #48835 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of May 8, 2018 File #48791 2. Approval of Council Committee Motions/Actions/Recommendations a. Street Committee Meeting of May 8, 2018 i. Councilmember Besselman requested staff work with Sharlotte Worthington relative to the “Wayfinding/Business Open” signage for the businesses affected during the First Capitol Drive Enhancement project ii. Consensus of the Street Committee members for staff to bring forward to the full council a Resolution of support request to partner with St. Charles County on a Smart Parking Project Application for East West Gateway Council of Governments (EWGCOG) Congestion Mitigation Air Quality (CMAQ) grant funds C. Receipt of Reports from Boards, Commissions, or Committees 1. Housing Authority Meeting of April 17, 2018 File #48814 2. Landmarks Board Meeting of April 16, 2018 File #48807 3. Convention Center Oversight Subcommittee Meeting of April 2, 2018 File #48815 4. Housing Authority Meeting of February 20, 2018 File #48814  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ 5. Senior Citizen Advisory Board Meeting of April 10, 2018 File #48802 6. Special Business District Advisory Board Meeting of April 5, 2018 File #48799 7. Board of Public Works Meeting of April 23, 2018 File #48809 8. Planning and Zoning Commission Meeting of April 23, 2018 File #48810 9. Park and Recreation Board Meeting Minutes of April 18, 2018 File #48804 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Fiocchi of America for Ammunition for the Police Department in an Amount Not to Exceed $67,027.20 C18-255 2. Contract with SCI Engineering, Inc. for Construction Observation, Inspection, Testing and Reporting Services in an Amount Not to Exceed $60,000.00 C18-256 3. Contract with Woodard and Curran for the Pretreatment Local Limits Study in an Amount Not to Exceed $58,990.00 C18-257 4. Engineering Services Contract with SmithgroupJJR, Inc., for 2018 Federal BUILD Discretionary Grant Application Technical Assistance in an Amount not to Exceed $57,000.00 C18-254 5. Contract Amendment No. 1 with Lewis Rice, LLC for Legal Services related to Labor Agreement Negotiations with the International Firefighters Local 747 in an Amount of $30,000.00 for a total Amount not to Exceed $60,000.00 C18-071 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of the West Clay Extension Community Improvement District Annual Report for 2017 File #48788 2. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Clerks Office)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ File #48787 3. Approval of Findings of Fact, Conclusions of Law and Order in HLPARB Appeal Case No. C/A-2018-10(EC) at 132 North Main Street pursuant to Code Section 400.1310 File #48836 4. Approval of Liquor License Application for John Paul Hopping dba St. Peters Parish Center located at 301 First Capitol Drive 5. Approval of Liquor License Application for Robert Schowengerdt dba Two Plumbers Brewery, LLC located at 2236 First Capitol Drive ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS There were no announcements from Council Members. 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) Councilmember Dave Beckering voiced concerns regarding holding this council bill and requested an update on this matter. Councilmember Mary Ann Ohms reported the committee reviewing the noise ordinance has just received a draft copy of the proposed noise ordinance from the consultant. Director of Community Development Bruce Evans provided a brief update and reported the committee will be meeting next week to review the new draft ordinance. Plans are to withdraw Council Bill 12494 and present a new bill at the July 3, 2018 Regular City Council Meeting. There was no action taken on Tabled Council Bill 12494 APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. City Council Work Session of Tuesday, May 8, 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) and Preparation, including any discussions or work product, on behalf of the Council or its  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI June 5, 2018 ______________________________________________________________________________ representatives for negotiations with employee groups (RSMo 610.021.9) at 6:00 p.m. VINCE RATCHFORD seconded the motion. A roll call vote was taken, with the following results: “Aye”: Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford and West. “Nay”: None. Absent: Reese. Motion passed. The Regular Council Meeting adjourned at 8:02 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer