City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, August 7, 2018, at 7:05 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. 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. PDA-2018-02. (Kurtz Phase 6 Development, LLC) An application to amend the previously approved Development Plan and Ordinance for The New Town at St. Charles development within the PD-MU Planned Development- Mixed Use District. The amendment will revise the development plan and boundary by removing approximately 35.3 acres of vacant land known as 3445 North Hwy 94. The property is located in Ward 1. (Staff Request Item be Held Open until August 21, 2018 Regular Council Meeting) (RCA Attached) B. Case No. Z-2018-07. (Kurtz Phase 6 Development, LLC) An application to rezone a tract of land known as 3445 North Hwy 94 from PD-MU Planned Development–Mixed Use District to the R-1D Single-Family Residential District. The proposed R-1D District will set the maximum residential density for a subsequent rezoning request. The subject property is approximately 35.3 acres and is located in Ward 1. (Staff Request Item be Held Open until August 21, 2018 Regular Council Meeting) (RCA Attached) C. Case No. Z-2018-08. (Kurtz Phase 6 Development, LLC) An application to rezone land known as 3445 North Hwy 94 from the R-1D Single-Family Residential rezoning, a preliminary development plan and development agreement will be considered. The preliminary development plan proposes detached single-family residential lots and common open space. The subject property is approximately 35.3 acres and is located in Ward 1. (Staff Request Item be Held Open until August 21, 2018 Regular Council Meeting) (RCA Attached) D. Case No. CU-2018-16. (Pickett, Ray & Silver, Inc.) An application for a Conditional Use Permit from §400.230(C)(1)(G) and §400.230(C)(1)(H) for outdoor storage within the C-3 Highway Business District, specifically to approve the outdoor storage of recreational vehicles, campers, boats and trailers only at 2669 Veterans Memorial Parkway. The subject property is 11.55 acres and is located in Ward 4. (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ E. Case No. CU-2018-17. (Sherilyn Blair) An application for a Conditional Use Permit from §400.480(F)(2)(a) for Special Events within the FHCD Frenchtown Historic Commercial District, specifically to hold more than 4 Special Events during a single calendar year at 1100 and 1106 North 2nd Street. The subject area is approximately 4,200 square feet in area and is located in Ward 1. (RCA Attached) F. Case No. TA-2018-05.(Amber and Lukas Cearley) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions to add “Light Candy Manufacturing” and §400.210 C-1 Neighborhood Business District to permit Light Candy Manufacturing uses as a conditional use within the City of St. Charles Zoning Ordinance (Council Bill 12600) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Update from City of St. Charles School District Regarding the Fiber Project Director of Information Technology Matthew Seeds introduced City of Saint Charles School District Superintendent Dr. Jason Sefrit, Assistant Superintendent Dr. Charles Brazeale and IT Director Kevin Richmiller. A brief update was provided on the Fiber Project and Dr. Sefrit thanked Mayor Faith and the Members of the City Council. Budget Amendment No. 9 (Council Bill 12604) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 9 is being introduced this evening and should anyone have questions, Director of Finance Gina Jarvis is available for answers. 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 There were no public comments. RESOLUTIONS A Resolution of the City of St. Charles, Missouri Authorizing the Mayor to Execute a Memorandum of Understanding Among the City of St. Charles, Missouri, Orchard Farm School District, and Fountain Lakes Land Holding, LLC Regarding Chapter 100 of the Revised Statutes of Missouri Tax Abatement in the Fountain Lakes Commerce Center (Sponsors: Rod Herrmann and Mary West) Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on August 9, 2018 and is known as Resolution 18-038  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 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, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on August 9, 2018 and is known as Resolution 18-039 BILLS FOR FINAL PASSAGE Bill 12587 An Ordinance Authorizing Amendment Number 2 to the Professional Services Contract with Woodard & Curran, Inc. for the SCADA System Repairs, Replacements and Reprogramming in the amount of $85,000.00, for a Total Contract Amount Not to Exceed $298,996.00 (Sponsor: 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 August 9, 2018 and is known as Ordinance 18-169 Bill 12588 An Ordinance Authorizing a Supplemental Agreement to the Transportation Alternatives Funds Program Agreement with the Missouri Highways and Transportation Commission to Provide Federal Funding for the MO 370 Discovery Bridge Shared Use Paths Project (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 August 9, 2018 and is known as Ordinance 18-170 Bill 12589 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with the New Town at St. Charles Neighborhood Improvement District Phase Ten-B Improvements (Reimbursement Number 4) (Sponsor: 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 August 9, 2018 and is known as Ordinance 18-171  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ Bill 12590 An Ordinance Declaring Two 2012 Pierce Dash CF PUC Pumper Fire Trucks Surplus Property and Authorizing Disposal by End of Lease Turn-In; Authorizing the Lease- Purchase of Two 2019 Pierce Dash CF PUC Pumpers through the HGAC Cooperative Purchasing Program from Pierce Manufacturing Inc., for an Amount Not to Exceed $1,747,442.90; Authorizing a Lease - Purchase Agreement between the City of St. Charles, Missouri and PNC Equipment Finance, LLC; Authorizing a Three Party Agreement Among the City of St. Charles, Missouri, Pierce Manufacturing Inc. and PNC Equipment Finance, LLC; and Granting Continuing Authority to the Mayor, City Attorney and Director of Finance (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 August 9, 2018 and is known as Ordinance 18-168 Bill 12591 An Ordinance Amending Schedule III, Table III of Title III Traffic Code of the Code of Ordinances by Establishing a No Parking Loading Zone on the South Side of W. Randolph Street in front of Coverdell Elementary School (Sponsors: Bridget Ohmes, Rod Herrmann, Tom Besselman, Dave Beckering and Vince Ratchford) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on August 9, 2018 and is known as Ordinance 18-172 Bill 12592 An Ordinance Authorizing Acceptance of Public Improvements for The Villages of Provence and Authorizing Release of Security Related Thereof (Sponsors: Dave Beckering 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 August 9, 2018 and is known as Ordinance 18-173 Bill 12593 An Ordinance Approving the Record Plat for Camdon Farms, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Vince Ratchford) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on August 9, 2018 and is known as Ordinance 18-174 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12594 An Ordinance Amending Section 115.310 of the Code of Ordinances to Include Additional Persons Required to File a Financial Disclosure Report (Sponsors: Dave Beckering and Tom Besselman) Bill 12595 An Ordinance Amending Ordinance No. 18-132 by Revising Exhibit A, the List of Persons Authorized for Use of Account and “Specimen Signatures,” Replacing an Authorized User and Removing the Acting Designation from an Authorized User (Sponsor: John Hanneke) Bill 12596 An Ordinance Authorizing a Provider Agreement Between the Missouri Department of Social Services, MO Healthnet Division, and the City of St. Charles to Allow Participation in the Ground Emergency Medical Transportation Uncompensated Cost Reimbursement Program; Authorizing an Intergovernmental Transfer of Public Funds Agreement to Provide the Non-Federal Share of the Reconciled Cost Reimbursement Amount for the Uncompensated Medicaid Cost Associated with Ground Emergency Medical Transportation Services; and Authorizing an Administration Fee Agreement to Provide for an Intergovernmental Transfer of Funds to the Missouri Department of Social Services, MO Healthnet Division (Sponsor: John Hanneke) Bill 12597 An Ordinance Authorizing an Amended and Restated Charlestowne Place Development Agreement (Sponsor: Rod Herrmann) Bill 12598 An Ordinance Authorizing and Approving a Phase Five Development Finance Agreement for The New Town at St. Charles Neighborhood Improvement District; and, in Connection Therewith, Authorizing and Directing the Recording of Notice of Establishment of a Neighborhood Improvement District, Pursuant to Section 67.457.7 the Neighborhood Improvement District Act (Sponsor: Rod Herrmann) Bill 12599 An Ordinance Ordering That Assessments Be Made Against Benefited Properties Situated Within a Portion of The New Town at St. Charles Neighborhood Improvement District Based Upon Estimated Costs of Certain Improvements; Ordering Preparation of an Assessment Roll; and Calling for a Public Hearing and Providing Direction for the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act (Sponsor: Rod Herrmann) Bill 12600 (Text Amendment was denied by the Planning & Zoning Commission at the July 23, 2018 Planning & Zoning Commission Meeting. A super majority (7 votes in the affirmative) will be required by the Council to approve this text amendment) An Ordinance Amending Sections 400.050 and 400.210 of the Code of Ordinances to Allow Light Candy Manufacturing in the C-1 Neighborhood Commercial District (Sponsor: John Hanneke) Bill 12601 An Ordinance Approving the Record Plat for Charlestowne Place Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 12602 An Ordinance Approving the Record Plat for Charlestowne Place Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 12603 An Ordinance Approving the Record Plat for Charlestowne Place Plat Three, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 12604 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 #9) (Sponsor: John Hanneke) Bill 12605 An Ordinance Amending Sections 645.360 and 635.395 and Enacting New Sections to be Known as 645.325 and 645.385 Pertaining to Horse-Drawn Carriages (Sponsor: John Hanneke) Bill 12606 An Ordinance Authorizing a Contract with Sierra Environmental Technologies, LLC for Carbon Replacement at the Missouri Wastewater Treatment Plant in an Amount Not to Exceed $108,970.00 (Sponsor: Rod Herrmann) Bill 12607 An Ordinance Authorizing a Utility Agreement between Union Electric Company d/b/a Ameren Missouri and the City of St. Charles for the Underground Placement of Overhead Utility Lines Along West Clay Street from Duchesne Drive to MoDOT Right of Way at First Capitol Drive and Along Droste Road from Charbo Street to Oakleaf Drive in an  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ Amount Not to Exceed $526,823.08 (Sponsors: Tom Besselman, Bart Haberstroh and Rod Herrmann) Bill 12608 An Ordinance Authorizing the Purchase of Property Located at 0 Old South River Road for the Sale Price of $500,000 and Closing Costs Not To Exceed $2,000 and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Vince Ratchford) Bill 12609 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 $8,588.00 During the Period of July 1, 2018 through June 30, 2019 (Sponsor: John Hanneke) Bill 12610 An Ordinance Authorizing a Contract with Gershenson Construction Company, Inc. for the Second and Lawrence Storm Sewer Improvement Project in an Amount Not to Exceed $920,034.00 (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 12611 An Ordinance Authorizing a Letter Agreement between the City of St. Charles, Missouri and Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for the Police Services Officers, Communications and Records Employees Bargaining Unit to Increase the Crime Data Analyst Position Pay Range (Sponsors: Jerry Reese and John Hanneke) 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”: 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 July 17, 2018 B. Approval of Council Committee Reports (none) 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of July 10, 2018 File #48790 b. Council Work Session of July 10, 2018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ File #48790 c. Street Committee Meeting of July 10, 2018 File #48791 d. Council Work Session (Closed) of July 17, 2018 File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of July 10, 2018 (none) b. Council Work Session of July 10, 2018 (none) c. Street Committee Meeting of July 10, 2018 i. Consensus of the Street Committee members that there is a full road closure and detour of Concordia Lane to construct the Concordia Lane culvert replacement ii. Motion to remove the current turnable stop signs at the offset t-intersection on W. Randolph Street and complete a traffic study at the intersection of W. Randolph Street and Madonna Drive when school is back in session to determine if two (2) additional stop signs are warranted iii. Motion to establish a temporary “No Parking Loading Zone” restriction on the south side of W. Randolph Street from 285 feet west of the western curb line of Madonna Drive to 90 feet east of the eastern curb line of Madonna Drive d. Council Work Session (Closed) of July 17, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Parks and Recreation Board Meeting of June 20, 2018 File #48804 2. Landmarks Board Meeting of June 18, 2018 File #48807 3. Citizens with Disabilities Advisory Board Meeting of May 23, 2018 File #48808 4. Board of Public Works Meeting of May 21, 2018 File #48809 5. Audit Committee Meeting Minutes of March 6, 2018 File #48846 6. Board of Adjustment Meeting of June 11, 2018 File #48797 7. Housing Authority Commission Meeting of May 15, 2018 File #48814 8. Convention Center Oversight Subcommittee Meeting of June 4, 2018 File #48815 9. Senior Citizen Advisory Commission Meeting of May 8, 2018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ File #48802 10. Special Business District Advisory Board Meeting of June 7, 2018 File #48799 11. Greater St. Charles Convention & Visitors Commission Meeting of April 26, 2018 File #48805 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with SSM Medical Group, Inc. for Fire Department Physicals in an Amount Not to Exceed $50,186.40 C18-337 2. Contract with Gilmore & Bell, P.C. for Bond and Disclosure Counsel Services in an Amount Not to Exceed $42,500.00 C18-338 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administration of Monies Collected and Deposited for the Month of June 2018 2. June 2018 Investment Report ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese announced the 10th Annual Senior Fair is being held on Tuesday, August 14 at the St. Charles Convention Center. Mr. Reese also announced, earlier today the City of Saint Charles Senior Citizen Advisory Commission made 125 bags of goodies that will be distributed at the Fair. Mr. Reese thanked everyone on the Commission for volunteering their time. TABLED BILLS 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) No action taken on tabled Bill 12547.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ APPROVAL OF CLOSED MINUTES A motion was made of DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of Tuesday, July 3, 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), 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 Sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) at 6:00 p.m. B. Regular City Council Meeting of Tuesday, July 3, 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), 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) at 7:55 p.m. C. Council Work Session on Tuesday, July 10, 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), 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) at 6:15 p.m. D. Council Work Session of Tuesday, July 17, 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 confidential or privileged communications between a public governmental body and its auditors (RSMo 610.021.17) at 6:30 p.m. ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: None.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 7, 2018 ______________________________________________________________________________ The Regular Council Meeting adjourned at 7:34 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer