City Council
Regular MeetingSt. Charles, MO · August 21, 2018
Minutes
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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The City Council convened in a Regular City Council Meeting on Tuesday, August 21, 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, 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.
PUBLIC HEARING/ADMINISTRATIVE HEARING
The President of the Council John Hanneke announced that the Public Hearing and
Administrative Hearing would now be held. At the conclusion of the Public Hearing and
Administrative Hearing, the Regular Session continued with the order of business:
A. Public Hearing
1. 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. Applicant Request Public Hearing be held Open until
the September 4, 2018 Regular City Council Meeting. (RCA Attached)
2. 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. Applicant
Request Public Hearing be held Open until the September 4, 2018
Regular City Council Meeting. (RCA Attached)
3. 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
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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Ward 1. Applicant Request Public Hearing be held Open until the
September 4, 2018 Regular City Council Meeting. (RCA Attached)
B. Administrative Hearing
1. Appeal of Case No C/A-2018-10(EC). Certificate of Appropriateness for
132 North Main Street (RCA Attached)
REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS
Verbal Update Regarding Various Road Projects
Director of Engineering Brad Temme provided updates on the following projects: Truman Road
and First Capitol Drive.
Presentation by the Department of Economic Development on Qualified Sites
Director of Economic Development David Leezer provided a verbal presentation on a unique site
promotion program that the Department has developed. Mr. Leezer reported what the benefits of
this program are and stated this program is intended to differentiate us from our competition.
Councilmember Besselman inquired as to who owns the lakes in the area of Fountain Lakes. It
was reported the City’s Park and Recreation Department owns the lakes.
Appointments to Boards/Commissions/Committees
A motion was made by DAVE BECKERING to approve the following appointments:
Human Relations Commission
Reappointment of Leo Price Sr. for a three year term ending August of 2021
Reappointment of Ed Bryant for a three year term ending August of 2021
JERRY REESE seconded the motion. A roll call vote was taken with the following results:
“Aye”: Hanneke, Herrmann, Ohms, Ratchford, Reese, West, Beckering, Besselman and
Haberstroh. “Nay”: None. Absent: Ohmes. Motion passed.
File #48783
Budget Amendment No. 10 (Council Bill 12614)
The Honorable Mayor Sally A. Faith announced Budget Amendment No. 10 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 and reported this past weekend’s Festival of the Little Hills Event was great!
For more information on “What’s Happening” in the City, visit www.discoverstcharles.com.
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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PUBLIC COMMENT
Chris Marshall, 144 South Rock Hill Road, Webster Groves, Mo 63119, representing Llywelyn’s
Pub and BKM Development, spoke in opposition of Council Bill 12622.
Mark Derleth, 221 North Main Street, St. Charles, Mo, representing Krawl Daddy’s, voiced
concerns regarding Council Bill 12622.
Randy Schilling, 119 South Main Street, St. Charles, Mo, spoke in favor of Council Bill 12622.
Joe Stinger, owner of 212 North Main Street, St. Charles, Mo, spoke in opposition of Council
Bill 12622 and distributed a letter from his attorney dated July 31, 2018 addressed to Mayor
Sally Faith to the Members of Council (letter attached to speaker card).
Tom Mauer, no address listed on speaker card, spoke in opposition of Council Bill 12622.
Penny Pitman, 105 North Main Street, St. Charles, Mo, spoke in favor of Council Bill 12622.
Jeff Parrish, 5415 Guinevere Drive, St. Charles, Mo, spoke in opposition of Council Bill 12622.
Councilmember Jerry Reese left the meeting at this time.
Eric Sohn, 223 North Main Street, St. Charles, Mo, spoke in opposition of Council Bill 12622.
Curtis Wilcoxen, 208 North Main Street, St. Charles, Mo, representing Lloyd ‘N’ Harry’s, spoke
in opposition of Council Bill 12622.
RESOLUTIONS
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”: Herrmann, Ohms, Ratchford, West, Beckering, Besselman,
Haberstroh and Hanneke
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Resolution 18-040
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”: Herrmann, Ohms, Ratchford, West, Beckering, Besselman,
Haberstroh and Hanneke
“Nay”: None
Absent: Ohmes
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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Approved by the Honorable Mayor on August __, 2018 and is known as Resolution 18-041
A Resolution Authorizing the Filing of a Grant Application with the Missouri
Department of Public Safety for the 2019 Local Law Enforcement Block Grant
(Sponsors: Jerry Reese and John Hanneke)
Passed “Aye”: Herrmann, Ohms, Ratchford, West, Beckering, Besselman,
Haberstroh and Hanneke
“Nay”: None
Absent: Ohmes
Approved by the Honorable Mayor on August 23, 2018 and is known as Resolution 18-042
BILLS FOR FINAL PASSAGE
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-175
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-176
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)
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-177
Bill 12597
An Ordinance Authorizing an Amended and Restated Charlestowne Place Development
Agreement (Sponsor: Rod Herrmann)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-178
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-179
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
Giving of Notice Thereof; All Pursuant to the Neighborhood Improvement District Act
(Sponsor: Rod Herrmann)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-180
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)
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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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)
Council President John Hanneke requested a separate vote on Council Bill 12600.
Director of Community Development Bruce Evans was asked to come forward and provide an
overview of the proposed bill. Discussion ensued relative to the vote taken at the July 23, 2018
Planning and Zoning Meeting, the conditional use process, the intent of the C-1 Neighborhood
Commercial Zoning District, and the process for requests to amend the zoning code.
Councilmember Besselman and Councilmember Ohms spoke in favor of Council Bill 12600.
A separate vote was taken with the following results:
Failed “Aye”: Ohms and Besselman
“Nay”: Ratchford, West, Beckering, Haberstroh, Hanneke. Herrmann
Absent: Ohmes and Reese
File #48847
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-181
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)
Councilmember Rod Herrmann requested to withdraw Council Bill 12602.
File #48848
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-182
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-183
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-184
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-185
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
Amount Not to Exceed $526,823.08 (Sponsors: Tom Besselman, Bart Haberstroh and
Rod Herrmann)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-186
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-187
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)
Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-188
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)
Councilmember Tom Besselman requested a separate vote on Council Bill 12610. A separate
vote was taken with the following results:
Passed “Aye”: Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke,
Herrmann and Ohms
“Nay”: None
Absent: Ohmes and Reese
Abstain: Besselman
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-189
File #48816
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)
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh,
Hanneke and Herrmann
“Nay”: None
Absent: Ohmes and Reese
Approved by the Honorable Mayor on August 23, 2018 and is known as Ordinance 18-190
BILLS FOR INTRODUCTION
Councilmember Dave Beckering stated Council Bill 12622 was revised yesterday and it appears
by the comments this evening the revised bill may not have been read by some. Many of the
concerns that were voiced this evening are no longer in the proposed bill. The bill was
significantly revised. Mr. Beckering further reported the proposed bill could be amended before
its final reading and even after its passage.
Mayor Faith thanked the City Councilmembers, Administrative staff and the business owners for
coming together and working on this issue. Mayor Faith further reported she supports the
proposed bill.
Councilmember Tom Besselman suggested the business owners set-up their own beautification
policy and police themselves.
Councilmember Mary West thanked the restaurant owners and suggested they work on self-
taxing for the security issues.
The following council bills were introduced:
Bill 12612
An Ordinance Authorizing a Contract with Pundmann Ford for the Purchase of Ten 2019
Model Year Ford Explorer Police Interceptor Utility Vehicles and Three 2019 Model
Year Ford Taurus Police Interceptor Sedans in an Amount Not to Exceed $390,102.00
(Sponsors: Jerry Reese and John Hanneke)
Bill 12613
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 to Participate in the United States Department of Justice
Equitable Sharing Program (Sponsors: Jerry Reese and John Hanneke)
Bill 12614
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 #10) (Sponsor: John Hanneke)
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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Bill 12615
An Ordinance Authorizing Amendment Number 1 to the Second Renewal of the Contract
with Equilon Enterprises LLC dba Shell Oil Products US For Unleaded and Diesel Fuel
for the Term of January 1, 2018 through December 31, 2018 in an Amount of $145,000,
for a Total Amount Not to Exceed $680,200 (Sponsor: John Hanneke)
Bill 12616
An Ordinance Authorizing a Contract with IESI MO Champ Landfill, LLC, for Landfill
Services for the City’s Sanitary Sewer Operations from January 1, 2019 through
December 31, 2019 in an Amount Not to Exceed $250,000.00 (Sponsor: Rod Herrmann)
Bill 12617
An Ordinance Ordering that Certain Improvements Within Phase Five of the New Town
at St. Charles Neighborhood Improvement District of the City Be Made; and Directing
that Financing for the Costs Thereof Be Obtained, All Pursuant to the Neighborhood
Improvement District Act (Sponsor: Rod Herrmann)
Bill 12618
An Ordinance Authorizing the Purchase of Property Located at 1606 South River Road
for the Sale Price of $290,000 and Closing Costs Not To Exceed $3,000 and Granting
Continuing Authority to Execute Documents Necessary to Carry out the Intent of this
Ordinance (Sponsor: Vince Ratchford)
Bill 12619
An Ordinance Amending Chapter 510 of the Code of Ordinances by Amending Article II
Pertaining to Grading Permits and Article V Pertaining to Storm Water (Sponsor: Rod
Herrmann)
Bill 12620
An Ordinance Authorizing Removal of the Turnable Stop Sign at the Intersection of W.
Randolph Street and Madonna Drive (Sponsors: Bridget Ohmes, Rod Herrmann, Tom
Besselman, Dave Beckering and Vince Ratchford)
Bill 12621
An Ordinance Approving the Record Plat for T.A.U.C. St. Charles, a Subdivision of the
City of Saint Charles, Missouri (Sponsor: Tom Besselman)
*Bill 12622
An Ordinance Enacting New Code of Ordinance Sections to be Known as Sections
600.015 and 600.148; Amending Sections 600.010, 600.150, 600.180, 600.240, 600.260
and 600.280 Pertaining to Liquor Control; Providing a Severability and Savings Clause;
and Providing for an Effective Date (Sponsors: Dave Beckering, Mary West, Bart
Haberstroh, John Hanneke, Rod Herrmann and Bridget Ohmes)
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none)
CONSENT AGENDA
A motion was made by DAVE BECKERING to approve the Consent Agenda. ROD
HERRMANN seconded the motion. A roll call vote was taken with the following results:
“Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohms and Ratchford.
“Nay”: None. Absent: Reese and Ohmes. Motion passed.
A. Approval of Council Minutes
1. Regular City Council Meeting of August 7, 2018
2. Public Hearing of August 7, 2018
File #48849
B. Approval of Council Committee Reports (none)
1. Approval of Council Committee Minutes
a. Council Work Session (Closed) of August 7, 2018
File #48790
b. Street Committee Meeting of August 14, 2018
File #48791
c. Council Work Session of August 14, 2018
File #48790
2. Approval of Council Committee Motions/Actions/Recommendations
a. Council Work Session (Closed) of August 7, 2018 (none)
b. Street Committee Meeting of August 14, 2018
i. Mr. Temme suggested staff perform another study of the
intersection at Tompkins and Oak Avenue in September
once the Lindenwood students have returned to campus
c. Council Work Session of August 14, 2018
i. City staff will measure the steepest driveways along Droste
Road and verify that the proposed driveways on the West
Clay project meet current standards.
ii. Staff will issue a letter with Ameren contact information to
each of the 6 properties with existing overhead electric
service.
iii. Staff will provide incentives and disincentives in the
Construction Contract for the Contractor to meet project
milestones similar to the Elm Street Culvert project.
iv. Finance is to provide gaming revenue data; paint the
ticket/gates at the city hall parking garage; and verify the
new exterior doors for CVB will be installed according to
ADA regulations
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
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C. Receipt of Reports from Boards, Commissions, or Committees
1. Economic Development Commission Meeting of June 7, 2018
File #48798
2. Convention Center Oversight Subcommittee Meeting of July 2, 2018
File #48815
3. Board of Adjustment Meeting of July 9, 2018
File #48797
4. Human Relations Commission Meeting of May 17, 2018
File #48806
5. Human Relations Commission Meeting of June 21, 2018
File #48806
6. Planning and Zoning Commission Meeting of June 25, 2018
File #48810
7. Citizens with Disabilities Advisory Board Meeting of June 27, 2018
File #48808
8. Board of Public Works Meeting of June 25, 2018
File #48809
9. Special Business District Advisory Board Meeting of July 5, 2018
File #48799
D. Receipt of Reports of the Director of Administration
1. Monthly Report on Requests for Intra-Departmental Transfer of
Appropriations >$10,000 – July 2018
E. Approval of Contracts and Easements from $30,001 - $99,999
1. Utility Agreement with Charter Communication Entertainment I, LLC for
the West Clay Street Rehabilitation East Improvements Project in the
Amount of $53,869.61
C18-352
F. Preliminary Plats (none)
G. Miscellaneous
1. Addition of Council Rule 48 Relative to Establishing a Policy for
Purchasing of Flowers or Gifts
File #48850
2. 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
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
______________________________________________________________________________
3. Report of the City Clerk Relative to Disposal of Various Records Pursuant
to the Missouri Records Manual and State Records Retention Law
(Finance Department)
File #48787
4. July 2018 Investment Report
5. Approval of Electronic Message Sign for Circle K located at 3700 Elm
Street
File #48851
6. Approval of Electronic Message Sign for Circle K located at 2702 Droste
Road
File #48852
7. Report of the Court Administrator of Monies Collected and Deposited –
July 2018
8. Approval of Liquor License Application for Glenda Ell d/b/a GlenMark
Farms, LLC located at 3500 Hempstead Street (Ward 8)
9. Approval of Liquor License Application for Kuldip Bajwa d/b/a Black
Bear located at 2865 Veterans Memorial Parkway (Ward 6)
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.
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)
There was no action taken on Table Council Bill 12547.
APPROVAL OF CLOSED MINUTES
A motion was made by DAVE BECKERING to approve the following closed session minutes:
A. Council Work Session of Tuesday, August 7, 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), Preparation, including
any discussions or work product, on behalf of the Council or its representatives
for negotiations with employee groups (RSMo 610.021.9) and Sealed proposals
and related documents or any documents related to a negotiated contract (RSMo
610.021.12) at 6:00 p.m.
RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI
August 21, 2018
______________________________________________________________________________
ROD HERRMANN seconded the motion. A roll call vote was taken with the following results:
“Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohms and Ratchford.
“Nay”: None. Absent: Ohmes and Reese.
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) 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) with the following results: “Aye”: Beckering, Besselman, Haberstroh,
Hanneke, Herrmann, Ohms, Ratchford and West. “Nay”: None. Absent: Ohmes and Reese.
The Open Portion of the Regular Council Meeting adjourned at 8:56 p.m.
____________________________
Date Approved
______________________________ _________________________________
City Clerk John Hanneke, Presiding Officer
Agenda
*Revised August 20, 2018
AGENDA
Regular Session of the City Council of the City of Saint Charles, Missouri
Council Chambers – 4th Floor – City Hall – 200 North Second Street
Tuesday, August 21, 2018
7:00 p.m.
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
3. PUBLIC HEARING/ADMINISTRATIVE HEARING
A. Public Hearing
1. 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. Applicant Request Public Hearing be held Open until the
September 4, 2018 Regular City Council Meeting. (RCA Attached)
2. 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. Applicant Request
Public Hearing be held Open until the September 4, 2018 Regular City
Council Meeting. (RCA Attached)
3. 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.
Applicant Request Public Hearing be held Open until the September 4,
2018 Regular City Council Meeting. (RCA Attached)
B. Administrative Hearing
1. Appeal of Case No C/A-2018-10(EC). Certificate of Appropriateness for
132 North Main Street (RCA Attached)
4. REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS
A. Verbal Update Regarding Various Road Projects (referred by Administration)
B. Presentation by the Department of Economic Development on Qualified Sites
C. Appointments to Boards/Commissions/Committees
D. Budget Amendment No. 10 (Council Bill 12614)
E. Written and/or Verbal Messages from Mayor Sally A. Faith
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5. PUBLIC COMMENT
A. Reading of Written Petitions, Memorials, and Remonstrances
B. Public Comment Relative to Agenda Items
C. Public Comment Relative to City Issues
NOTE: To address the Council, please complete a speaker card and present to the City
Clerk prior to the meeting.
6. RESOLUTIONS
A. 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)
B. 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)
C. A Resolution Authorizing the Filing of a Grant Application with the Missouri
Department of Public Safety for the 2019 Local Law Enforcement Block Grant
(Sponsors: Jerry Reese and John Hanneke)
7. BILLS FOR FINAL PASSAGE
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)
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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 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)
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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
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)
8. BILLS FOR INTRODUCTION
Bill 12612
An Ordinance Authorizing a Contract with Pundmann Ford for the Purchase of Ten 2019
Model Year Ford Explorer Police Interceptor Utility Vehicles and Three 2019 Model Year
Ford Taurus Police Interceptor Sedans in an Amount Not to Exceed $390,102.00
(Sponsors: Jerry Reese and John Hanneke)
Bill 12613
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 to Participate in the United States Department of Justice Equitable
Sharing Program (Sponsors: Jerry Reese and John Hanneke)
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Bill 12614
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 #10) (Sponsor: John Hanneke)
Bill 12615
An Ordinance Authorizing Amendment Number 1 to the Second Renewal of the Contract
with Equilon Enterprises LLC dba Shell Oil Products US For Unleaded and Diesel Fuel
for the Term of January 1, 2018 through December 31, 2018 in an Amount of $145,000,
for a Total Amount Not to Exceed $680,200 (Sponsor: John Hanneke)
Bill 12616
An Ordinance Authorizing a Contract with IESI MO Champ Landfill, LLC, for Landfill
Services for the City’s Sanitary Sewer Operations from January 1, 2019 through
December 31, 2019 in an Amount Not to Exceed $250,000.00 (Sponsor: Rod Herrmann)
Bill 12617
An Ordinance Ordering that Certain Improvements Within Phase Five of the New Town at
St. Charles Neighborhood Improvement District of the City Be Made; and Directing that
Financing for the Costs Thereof Be Obtained, All Pursuant to the Neighborhood
Improvement District Act (Sponsor: Rod Herrmann)
Bill 12618
An Ordinance Authorizing the Purchase of Property Located at 1606 South River Road for
the Sale Price of $290,000 and Closing Costs Not To Exceed $3,000 and Granting
Continuing Authority to Execute Documents Necessary to Carry out the Intent of this
Ordinance (Sponsor: Vince Ratchford)
Bill 12619
An Ordinance Amending Chapter 510 of the Code of Ordinances by Amending Article II
Pertaining to Grading Permits and Article V Pertaining to Storm Water (Sponsor: Rod
Herrmann)
Bill 12620
An Ordinance Authorizing Removal of the Turnable Stop Sign at the Intersection of W.
Randolph Street and Madonna Drive (Sponsors: Bridget Ohmes, Rod Herrmann, Tom
Besselman, Dave Beckering and Vince Ratchford)
Bill 12621
An Ordinance Approving the Record Plat for T.A.U.C. St. Charles, a Subdivision of the
City of Saint Charles, Missouri (Sponsor: Tom Besselman)
*Bill 12622
An Ordinance Enacting New Code of Ordinance Sections to be Known as Sections
600.015 and 600.148; Amending Sections 600.010, 600.150, 600.180, 600.240, 600.260
and 600.280 Pertaining to Liquor Control; Providing a Severability and Savings Clause;
and Providing for an Effective Date (Sponsors: Dave Beckering, Mary West, Bart
Haberstroh, John Hanneke, Rod Herrmann and Bridget Ohmes)
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9. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none)
10. CONSENT AGENDA
A. Approval of Council Minutes
1. Regular City Council Meeting of August 7, 2018
2. Public Hearing of August 7, 2018
B. Approval of Council Committee Reports
1. Approval of Council Committee Minutes
a. Council Work Session (Closed) of August 7, 2018
b. Street Committee Meeting of August 14, 2018
c. Council Work Session of August 14, 2018
2. Approval of Council Committee Motions/Actions/Recommendations
a. Council Work Session (Closed) of August 7, 2018 (none)
b. Street Committee Meeting of August 14, 2018
i. Mr. Temme suggested staff perform another study of the
intersection at Tompkins and Oak Avenue in September
once the Lindenwood students have returned to campus
c. Council Work Session of August 14, 2018
i. City staff will measure the steepest driveways along
Droste Road and verify that the proposed driveways on the
West Clay project meet current standards.
ii. Staff will issue a letter with Ameren contact information
to each of the 6 properties with existing overhead electric
service.
iii. Staff will provide incentives and disincentives in the
Construction Contract for the Contractor to meet project
milestones similar to the Elm Street Culvert project.
iv. Finance is to provide gaming revenue data; paint the
ticket/gates at the city hall parking garage; and verify the
new exterior doors for CVB will be installed according to
ADA regulations
C. Receipt of Reports from Boards, Commissions, or Committees
1. Economic Development Commission Meeting of June 7, 2018
2. Convention Center Oversight Subcommittee Meeting of July 2, 2018
3. Board of Adjustment Meeting of July 9, 2018
4. Human Relations Commission Meeting of May 17, 2018
5. Human Relations Commission Meeting of June 21, 2018
6. Planning and Zoning Commission Meeting of June 25, 2018
7. Citizens with Disabilities Advisory Board Meeting of June 27, 2018
8. Board of Public Works Meeting of June 25, 2018
9. Special Business District Advisory Board Meeting of July 5, 2018
D. Receipt of Reports of the Director of Administration
1. Monthly Report on Requests for Intra-Departmental Transfer of
Appropriations >$10,000 – July 2018
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E. Approval of Contracts and Easements from $30,001 - $99,999
1. Utility Agreement with Charter Communication Entertainment I, LLC for
the West Clay Street Rehabilitation East Improvements Project in the
Amount of $53,869.61
F. Preliminary Plats (none)
G. Miscellaneous
1. Addition of Council Rule 48 Relative to Establishing a Policy for
Purchasing of Flowers or Gifts
2. 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)
3. Report of the City Clerk Relative to Disposal of Various Records Pursuant
to the Missouri Records Manual and State Records Retention Law
(Finance Department)
4. July 2018 Investment Report
5. Approval of Electronic Message Sign for Circle K located at 3700 Elm
Street
6. Approval of Electronic Message Sign for Circle K located at 2702 Droste
Road
7. Report of the Court Administrator of Monies Collected and Deposited –
July 2018
8. Approval of Liquor License Application for Glenda Ell d/b/a GlenMark
Farms, LLC located at 3500 Hempstead Street (Ward 8)
9. Approval of Liquor License Application for Kuldip Bajwa d/b/a Black
Bear located at 2865 Veterans Memorial Parkway (Ward 6)
11. ITEMS REMOVED FROM CONSENT AGENDA
12. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS
A. Update from Council Liaisons on Boards/Commissions/Committees
B. Written and/or Verbal Messages from the Council Members
13. EMERGENCY ORDINANCES (none)
14. 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)
15. APPROVAL OF CLOSED MINUTES
A. Council Work Session of Tuesday, August 7, 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
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legal consideration therefor (RSMo 610.021.2), Preparation, including any
discussions or work product, on behalf of the Council or its representatives for
negotiations with employee groups (RSMo 610.021.9) and Sealed proposals and
related documents or any documents related to a negotiated contract (RSMo
610.021.12) at 6:00 p.m.
16. CLOSED SESSION, if requested, relative to:
A. Legal actions, causes of action, or litigation (RSMo 610.021.1)
B. Leasing, purchase or sale of real estate where public knowledge of the transaction
might adversely affect the legal consideration therefor (RSMo 610.021.2)
C. Hiring, firing, disciplining or promotion of particular employees by a public
governmental body when information relating to the performance or merit of
individual employees is discussed or recorded (RSMo 610.021.3)
D. Preparation, including any discussions or work product, on behalf of the Council
or its representatives for negotiations with employee groups (RSMo 610.021.9)
E. Sealed proposals and related documents or any documents related to a negotiated
contract (RSMo 610.021.12)
The City of St. Charles offers all interested citizens the opportunity to attend public meetings and
comment on public matters. If you wish to attend this public meeting and require an
accommodation due to a disability, please contact the Office of the City Clerk to coordinate an
accommodation at least two (2) business days in advance of the scheduled meeting at 636-949-
3282 or 636-949-3289 (TTY – for the hearing impaired).
The City of St. Charles, Missouri, fully complies with Title VI of the Civil Rights Act of 1964 and
related statutes and regulations in all programs and activities. For more information, or to obtain
a Title VI Complaint Form, please call the City Clerk’s Office at (636)949-3282 or visit City Hall
located at 200 North Second Street, St. Charles, Missouri, 63301.
Posted: Monday, August 20, 2018 at 12:30 p.m.
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