City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, July 3, 2018, at 7:04 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, Mary Ann Ohms, Vince Ratchford, Jerry Reese and Mary West. Absent: Bridget Ohmes. 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 Bridget Ohmes. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. Councilmember JERRY REESE made a motion to advance to Council Bill 12494 for Final Passage. Councilmember DAVE BECKERING seconded the motion. All voted in favor. Motion passed. Councilmember JERRY REESE made a motion to withdraw Council Bill 12494 from consideration for final passage. Councilmember VINCE RATCHFORD seconded the motion. All voted in favor. Motion passed. Councilmember DAVE BECKERING made a motion to advance to Council Bill 12547 for Final Passage. Councilmember MARY WEST seconded the motion. All voted in favor. Motion passed. Councilmember DAVE BECKERING made a motion to table Council Bill 12547. Councilmember JERRY REESE seconded the motion. All voted in favor. Motion passed. 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. Z-2018-05. (Zachary & Gabrielle Smithey) An application to rezone an approximately 0.82 acre tract of land known as 837 First Capitol Drive from C-2 General Business District within the EHP Extended Historic Preservation District to CBD Central Business District within the EHP Extended Historic Preservation District. The property is located in Ward 2. (Council Bill 12584) B. Case No. Z-2018-06. (St. Charles County) An application to rezone upon annexation an approximately 1.57 acre tract of land within the existing right-of- way of Fairgrounds Road, commencing approximately 142 feet south of Sherbrook Road and extending approximately 1,355 feet northwardly along Fairgrounds Road, from St. Charles County R1E Single-Family Residential  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ District to City of St. Charles R-1E Single-Family Residential District. The property will be located in Ward 3 upon annexation. (Council Bill 12583) C. Case No. CU-2018-14. (Black & Veatch – Matthew Ament) An application for a Conditional Use Permit from §400.220(C)(1)(a) for a telecommunication tower within the C-2 General Business District located at 290 San Juan Drive. The subject property is 0.23 acres in size and located in Ward 3. (RCA Attached) D. Case No. CU-2018-15. (Black & Veatch – Matthew Ament) An application for a Conditional Use Permit from §400.200(C)(1)(f) for a telecommunication tower within the HCD Historic Commercial District and within the LMPD Landmark Preservation District located on the west side of South Main Street within City right-of-way of said street, approximately 300 feet south of the intersection of South Main Street and Boone’s Lick Road. The subject property is located in Ward 2. (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment No. 8 (Council Bill 12576) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 8 is being introduced this evening and should anyone have questions, Assistant Director of Finance Jennifer O’Connor is available for answers. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: Convention & Visitors Commission Appointment of Brad Wachler to fulfull a three year term ending April 2020 Planning & Zoning Commission Reappointment of Steve Hollander for a four year term ending July 2022 Reappointment of Lindsey Devereux for a four year term ending July 2022 Public Facilities Authority Board Reappointment of Richard Baum for a three year term ending August 2021 MARY WEST seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann. “Nay”: None. Absent: Ohmes. Motion passed. File #48783 Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally Faith announced that Riverfest kicked off this evening at 5:00 p.m. and will continue tomorrow on the Fourth of July from 10:00 a.m. until 10:30 p.m. The fireworks will begin at 9:20 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ The Honorable Mayor Sally Faith announced several upcoming events “happening” in the City of Saint Charles. PUBLIC COMMENT John Ventura, 10 Chandler Ct., spoke in opposition to Council Bill 12547. Curtis Wilcoxen, 2018 North Main Street, representing Lloyd and Harry’s, spoke in opposition to Council Bill 12547. Gregory Upchurch, 529 Caulks Hill Road, introduced himself to the council and announced he is as a candidate for the Missouri House of Representatives District 70. Mr. Upchurch also spoke in opposition to Council Bill 12547. John Stinger, 212 North Main Street, spoke in favor of Council Bill 12547. RESOLUTIONS A Resolution Authorizing an Amendment to the City of St. Charles, Missouri’s Title VI Plan (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Resolution 18-035 A Resolution Declaring One 2014 Ford F150 Super Cab Truck Assigned to the Public Works Department as Surplus Property and Authorizing Disposal by Sale by Competitive Bid through the City’s Property and Casualty Insurance Company (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Resolution 18-036 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”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Resolution 18-037  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 12494 (Amended) (To Be Withdrawn) 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) Council Bill 12494 was WITHDRAWN at the start of this meeting. 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 was TABLED at the start of this meeting. Bill 12563 An Ordinance Authorizing a First Renewal of the Contract with Lift Rite, Inc. for Pressure Grouting Services in an Amount Not to Exceed $200,000.00 (Sponsors: Jerry Reese and Bridget Ohmes) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-145 Bill 12564 An Ordinance Authorizing a Five-Year Contract with Ambius to Provide Holiday Lighting and Decoration Services for Years 2018 through 2022 in an Amount Not to Exceed $472,254.00 (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-146 Bill 12565 An Ordinance Authorizing a License Agreement for City Monument Between Missouri Highways and Transportation Commission and the City of St. Charles for the Purpose of Installing and Maintaining a City Monument on Property Located within the Elm and 370 Interchange Enhancement Project (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-147 Bill 12566 An Ordinance Authorizing Acceptance of Street Lights and Their Appurtenances at Fountain Lakes Commerce Center and Authorizing Release of Related Security (Sponsor: Rod Herrmann) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-148 Bill 12567 An Ordinance Authorizing a Cooperative Agreement between the City of St. Charles, Missouri and the Louise F. Katz Revocable Living Trust for the Installation of Lighting at 126 North Main Street and Reimbursement of Associated Annual Electrical Costs Not to Exceed $120.00 (Sponsor: Mary Ann Ohms) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-149 Bill 12568 An Ordinance Vacating the Right-of-Way of a Portion of Old Friedens Road near its Intersection with Fairgrounds Road (Sponsor: Vince Ratchford) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on July 5, 2018 and is known as Ordinance 18-150 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12569 An Ordinance Authorizing a Contract with STF, LLC dba Traffic Control Company for the 2018 Citywide Street Striping Project in an Amount Not to Exceed $165,000.00 (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ Bill 12570 An Ordinance Authorizing a CAN-AM Spyder Rider Education Program Service Agreement Between BRP US Inc. and the City of St. Charles, Missouri, Through its Parks and Recreation Department, Ranger Division, to Provide Motorcycle Safety Classes in Conjunction with the State of Missouri Motorcycle Safety Foundation (Sponsor: Mary Ann Ohms) Bill 12571 An Ordinance Authorizing a Missouri Internet Crimes Against Children Task Force Board Agreement By and Among St. Charles County, Missouri and the City of St. Charles for Participation in the Internet Crimes Against Children Task Force Board (Sponsors: Jerry Reese and John Hanneke) Bill 12572 An Ordinance Authorizing a Contract with Parking Lot Maintenance, LLC for the 2018 Annual Concrete Crack Seal Project in an Amount Not to Exceed $116,720.00 (Sponsors: John Hanneke and Jerry Reese) Bill 12573 An Ordinance Amending Section 705.290 of the Code of Ordinances of the City of Saint Charles, Missouri, Pertaining to Sewer Line Repair Fund (Sponsor: Rod Herrmann) Bill 12574 An Ordinance Amending Section 700.420 of the Code of Ordinances of the City of Saint Charles, Missouri, Pertaining to Water Line Repair Fund (Sponsor: Rod Herrmann) Bill 12575 An Ordinance Authorizing a Memorandum of Understanding Between the Federal Bureau of Investigation and the City of St. Charles to Participate in the St. Louis Division Child Exploitation Task Force (Sponsors: Jerry Reese and John Hanneke) Bill 12576 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 #8) (Sponsor: John Hanneke) Bill 12577 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Sandfort Creek Bank Stabilization Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Jerry Reese and Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ Bill 12578 An Ordinance Amending Sections 700.150 and 705.220 of the Code of Ordinances by Enumerating Established Water and Sewer Tap Fees for City and Non-City Residents (Sponsor: Rod Herrmann) Bill 12579 An Ordinance Authorizing a Contract with Unnerstall Contracting Company for the Boschert Lower Trunk Main Project in an Amount Not to Exceed $458,992.40 (Sponsor: Rod Herrmann) Bill 12580 An Ordinance Authorizing a Contract with Gerstner Electric, Inc. for the Signal Installation at Elm Street and Hardin Middle School in an Amount Not to Exceed $108, 222.60 (Sponsors: Rod Herrmann, Mary Ann Ohms, Bridget Ohmes, Vince Ratchford, Tom Besselman and John Hanneke) Bill 12581 An Ordinance Authorizing the Vacation of Two Utility Easements Located Within Springwell Village Subdivision Plat 4 (Sponsor: Jerry Reese) Bill 12582 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 St. Charles County, Missouri an Approximate 1.57 Acre Tract of Land Located within the Right of Way of Fairgrounds Road (Sponsor: Vince Ratchford) Bill 12583 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District) an Approximate 1.57 Acre Tract of Land Located with the Right of Way of Fairgrounds Road (Sponsor: Vince Ratchford) Bill 12584 An Ordinance Rezoning to City Zoning District CBD (Central Business District) within the EHP (Extended Historic Preservation District) from City Zoning District C-2 (General Business District) within the EHP (Extended Historic Preservation District) an Approximate 0.82 Acre Tract of Land with an Address of 837 First Capitol Drive (Sponsor: Tom Besselman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ Bill 12585 An Ordinance Granting a Variance to Code of Ordinances Section 510.270.D. Regarding the Minimum Residential Lot Line Setback and Building Line Setback From a Natural Watercourse for Lots 24A-25A and Lots 21B -29B for the Proposed Oakleigh Subdivision Located at 2659 Old Hwy 94 (Sponsor: Rod Herrmann) Bill 12586 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 (Sponsor: Jerry Reese) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request to Waive Special Event Fees and the Conditional Use Permit Application Fee for the Historic Frenchtown Association Events and Its Sponsoring of the Monthly “Frenchtown Fridays” on the First Friday of Each Month (referred by Councilmember Mary Ann Ohms) Councilmember MARY ANN OHMS made a motion to waive the special event fees and conditional use permit application fee for the Historic Frenchtown Association events and its sponsoring of the Monthly “Frenchtown Fridays” on the first Friday of each month. Councilmember MARY WEST seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohms and Ratchford. “Nay”: None. Absent: Ohmes. Motion passed. File #48840 Discussion Relative to Rescheduling the September 18, 2018 Regular City Council Meeting due to the Annual Missouri Municipal League (MML) Conference being held on September 16 – 19, 2018 Councilmember JOHN HANNEKE made a motion to reschedule the September 18, 2018 Regular City Council meeting to September 25, 2018 due to the annual Missouri Municipal League (MML) Conference being held on September 16-19, 2018. Councilmember DAVE BECKERING seconded the motion. All roll call vote was taken with the following results: “Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohms, Ratchford and Reese. “NAY”: None. Absent: Ohmes. Motion passed. File #48841 CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. Councilmember MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Beckering, Besselman, Haberstroh, Hanneke, Hermann, Ohms, Ratchford, Reese and West. “Nay”: None. Absent: Ohmes. Motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ A. Approval of Council Minutes 1. Regular City Council Meeting of June 19, 2018 B. Approval of Council Committee Reports (none) 1. Approval of Council Committee Minutes (none) 2. Approval of Council Committee Motions/Actions/Recommendations (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Park and Recreation Board Meeting of May 16, 2018 File #48804 2. Park and Recreation Board Work Session of June 6, 2018 File #48804 3. Landmarks Board Meeting of May 14, 2018 File #48807 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with George Douglas, LLC dba The Grounds Guys of St. Charles, LLC for the Elm Street and Hwy 370 Interchange Enhancements – Native Plantings and Maintenance Project in an Amount Not to Exceed $63,740.00 C18-306 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administration of Monies Collected and Deposited for the Month of May 2018 2. Approval of Liquor License Application for Lehman Conley dba St. Charles Music House, LLC located at 2556 Raymond Drive 3. Approval of Liquor License Application for Steven Hollrah dba Traffic Jam Lounge located at 6 Westbury Drive 4. Approval of Liquor License Application for Mark Lovelace dba Kubricks located at 218 North Main Street 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.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 3, 2018 ______________________________________________________________________________ TABLED BILLS (none) APPROVAL OF CLOSED MINUTES (none) CLOSED SESSION A roll call vote was taken to convene into closed session 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) with the following results: “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohms, Ratchford, Reese, West and Beckering. “Nay”: None. Absent: Ohmes. Motion passed. The Open Portion of the Regular Council Meeting adjourned at 7:50 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer