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City Council

Regular Meeting

St. Charles, MO · August 21, 2018

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Minutes

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 21, 2018 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 ______________________________________________________________________________ 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 1 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) 2 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) 3 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) 4 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) 5 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 6 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 7 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. 8

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