City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, September 4, 2018, at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with President of the Council John Hanneke, presiding, and the Honorable Mayor Sally A. Faith and Members of the Council present as follows: Dave Beckering, Tom Besselman, Bart Haberstroh, Rod Herrmann, Mary Ann Ohms, Vince Ratchford, Jerry Reese and Mary West. Absent: Ohmes. Assistant City Clerk Kimberly Hudson 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. Councilmember ROD HERRMANN made a motion to excuse the absence of Councilmember Bridget Ohmes. Councilmember DAVE BECKERING seconded the motion. All voted in favor, motion passed. PUBLIC HEARING The President of the Council John Hanneke announced that the Public Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Case No. 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. (Council Bill 12633) B. Case No. Z-2018-07. (Kurtz Phase 6 Development, LLC) An application to rezone a tract of land known as 3445 North Hwy 94 from PD-MU Planned Development–Mixed Use District to the R-1D Single-Family Residential District. The proposed R-1D District will set the maximum residential density for a subsequent rezoning request. The subject property is approximately 35.3 acres and is located in Ward 1. (Council Bill 12634) C. Case No. Z-2018-08. (Kurtz Phase 6 Development, LLC) An application to rezone land known as 3445 North Hwy 94 from the R-1D Single-Family Residential rezoning, a preliminary development plan and development agreement will be considered. The preliminary development plan proposes detached single-family residential lots and common open space. The subject property is approximately 35.3 acres and is located in Ward 1. (Council Bill 12635) D. Case No. CU-2018-18. (Michael Brugnara) An application for a Conditional Use Permit from §400.250(C)(4) for the expansion of an existing use within the I-2 Heavy Industrial District, specifically to approve additional storage at 2600 North Highway 94. The subject property is approximately 120.4 acres and is located in Ward 1. (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ E. Case No. CU-2018-19. (Joe Markus – ExteNet Systems, Inc.) An application for a Conditional Use Permit from §400.230(C)(1) for a telecommunication antenna within the C-3 Highway Commercial District and located on the east side of Highway 94 South within right-of-way of said street, approximately 100 feet southwest of the intersection of Country Club Plaza Drive and Burning Tree Lane. The subject property is located in Ward 4. (RCA Attached) F. Case No. CU-2018-20. (Joe Markus – ExteNet Systems, Inc.) An application for a Conditional Use Permit from §400.150(D)(1)(n) for a telecommunication antenna within the R-1E Single-Family Residential District located on the west side of Zumbehl Road within City right-of-way of said street, approximately 60 feet south of the intersection of Zumbehl Road and Penbrooke Lane. The subject property is located in Ward 10. (RCA Attached) G. Case No. CU-2018-21. (Abigail Alvarez Fuentes) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an in vehicle sales and service (drive-thru) use within the C-2 General Business District located at 2531 West Clay Street. The subject property is approximately 0.1774 acres in area and is located in Ward 2. (RCA Attached) H. Case No. CU-2018-22. (LSK, LLC) An application for a Conditional Use Permit from §400.220(C)(1)(j) for a motor vehicle sales use within the C-2 General Business District located at 2406 South Highway 94 Outer Road. The subject property is approximately 4.24 acres in area and is located in Ward 4. (RCA Attached) I. Case No. CU-2018-23. (Aaron Byrd) An application for a Conditional Use Permit from §400.220(C)(1)(j) for a motor vehicle sales use within the C-2 General Business District located at 6A Westbury Drive. The subject property is approximately 0.22 acres in area and is located in Ward 9. (RCA Attached) J. Case No. CU-2018-24. (Robert Schoerngerdt) An application for a Conditional Use Permit from §400.240(C)(1)(a) for a microbrewery use within the I-1 Light Industrial District located at 745 Friedens Road. The subject property is approximately 1.2 acres in area and is located in Ward 3. (RCA Attached) K. Case No. CU-2018-25. (Jacque Edwards) An application for a Conditional Use Permit from §400.150(D)(1)(p) for a guest house within the R-1E Single Family Residential District and within the FPD Frenchtown Preservation District overlay, located at 709 North 3rd Street. The subject property is approximately 5,850 square feet in area and is located in Ward 1. (RCA Attached) L. An Ordinance Fixing and Establishing the Rate and Levying the Taxes for General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri for the Year Two Thousand and Eighteen (Council Bill 12623) M. Public Hearing to Consider Proposed Phase Five Improvements and Proposed Assessments in Conjunction with the New Town at St. Charles Neighborhood Improvement District. (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment No. 11 (Council Bill 12624) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 11 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. For more information on “What’s Happening” in St. Charles, visit www.discoverstcharles.com PUBLIC COMMENT James Reid, 306 McDonough, St. Charles, Mo, voiced concerns relative to Council Bill 12622 Chris Goellner, 301 N. Main Street, St. Charles, Mo, spoke in favor of Council Bill 12622 Robert Shuette, 207 S. Main Street, St. Charles, Mo, representing First Capitol Trading, spoke in favor of Council Bill 12622 Douglas Hon, 116 N. Main Street, St. Charles, Mo, representing Main Street Church, spoke in favor of Council Bill 12622 Chris Marshall, 144 S. Rock Hill Road, Webster Groves, Mo, representing Llywelyn’s Pub and BKM Development, spoke in opposition of Council Bill 12622 Curtis Wilcoxen, 208 N. Main Street, St. Charles, Mo, representing Lloyd & Harry’s spoke in opposition of Council Bill 12622 RESOLUTIONS A Resolution to Reestablish a Procedure to Disclose Potential Conflicts of Interest for Certain Municipal Officials (Sponsor: John Hanneke) Passed “Aye”: Herrmann, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Hanneke “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 6, 2018 and is known as Resolution 18-043 BILLS FOR FINAL PASSAGE 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 4, 2018 and is known as Ordinance 18-191 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-192 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-193 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-194 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-195 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-196 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 5, 2018 and is known as Ordinance 18-197 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-198 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-199 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) Passed “Aye”: Ohms, Ratchford, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann “Nay”: None Absent: Ohmes Approved by the Honorable Mayor on September 7, 2018 and is known as Ordinance 18-200 Bill 12622 (Proposed Substitute Bill No. 1) 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) Council Bill 12622 (Proposed Substitute Bill No. 1) was read separately and will be voted upon at the next regular City Council meeting to be held on September 25, 2018 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12623 An Ordinance Fixing and Establishing the Rate and Levying the Taxes for the General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri, for the Year Two Thousand and Eighteen (Sponsor: John Hanneke) Bill 12624 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 #11) (Sponsor: John Hanneke) Bill 12625 An Ordinance Approving a Program-Funded State and Local Task Force Agreement Between the United States Department of Justice, Drug Enforcement Administration, and the City of St. Charles, Missouri to Participate in the St. Louis Division Task Force Program for the Period October 1, 2018 Through September 30, 2019 and Authorizing the Mayor to Execute the Agreements (Sponsors: Jerry Reese and John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Bill 12626 An Ordinance Declaring the Real Property Located at 2795 Zumbehl Road Surplus and Authorizing Disposal by Sale to George Worthington Properties, LLC for the Sale Price of $101,000 and Granting the Mayor and City Clerk Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Bridget Ohmes) Bill 12627 An Ordinance Amending Section 405.220 of the Code of Ordinances Pertaining to Improvements Installed and Guaranteed by Reducing the Maintenance Guarantee Period from Eighteen Months to Twelve Months (Sponsor: Rod Herrmann) Bill 12628 An Ordinance Authorizing an Agreement Between the Department of Army and the City of St. Charles, Missouri for Development of a Comprehensive Plan for Bangert Island Flood Risk and Riverfront Transformation Project (Sponsors: Vince Ratchford and Rod Herrmann) Bill 12629 An Ordinance Authorizing a Memorandum of Understanding Between the City of St. Charles School District, the City of St. Charles and the St. Charles County Juvenile Office to Establish Guidelines for the Handling of Minor School-Based Offenses (Sponsors: Jerry Reese and John Hanneke) Bill 12630 An Ordinance Authorizing a Memorandum of Understanding Between the City of St. Charles School District and the City of St. Charles to Establish and Delineate the Mission of the School Resource Officer Program as a Joint Cooperative Effort (Sponsors: Jerry Reese and John Hanneke) Bill 12631 An Ordinance Authorizing the Appropriation of Not to Exceed $1,508,000 for the Purpose of Defeasing a Portion of the General Obligation Bonds, SERIES 2013A, of the City of Saint Charles, Missouri, and Authorizing Certain Other Documents and Actions in Connection with the Defeasance of the Bonds (Sponsor: John Hanneke) Bill 12632 An Ordinance Authorizing the Vacation of a Utility Easement Located at 2300 First Capitol Drive, Also Known As Lot One of Energy Marketing 1226, LLC Consolidated Plat (Sponsor: Tom Besselman)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Bill 12633 An Ordinance Amending the Regulating Plan for the New Town at St. Charles by Removing a Tract of Land Consisting of Approximately 35.3 Acres Located at 3445 North Highway 94 from the New Town at St. Charles (Sponsor: Mary Ann Ohms) Bill 12634 An Ordinance Rezoning to City Zoning District R-1D (Single-Family Residential District) from City Zoning District PD-MU (Planned Development – Mixed Use) Approximately 35.3 Acres of Land Located at 3445 North Highway 94 (Sponsor: Mary Ann Ohms) Bill 12635 An Ordinance Rezoning to City Zoning District PD-R (Planned Development - Residential District) from City Zoning District R-1D (Single-Family Residential District) Approximately 35.3 Acres of Land Located at 3445 North Highway 94; Approving the Preliminary Development Plan of River Breeze Estates in Connection Therewith and Approving and Authorizing Execution of a Development Agreement (Sponsor: Mary Ann Ohms) Bill 12636 An Ordinance Amending Ordinance Number 17-223 to Remove a Condition in the Preliminary Development Plan Concerning Sidewalks and a Shared Use Path in the Charlestowne Place Development Located North of the Intersection of Island Harbor Drive and Boschertown Road and Approving and Authorizing a First Amended and Restated Charlestowne Place Development Agreement (Sponsor: Rod Herrmann) Bill 12637 An Ordinance Terminating the Equitable Sharing Memorandum of Understanding between the Federal Agencies of the Financial Investigation Task Force Group 28 and the City of St. Charles, Missouri Approved by Ordinance 18-058 and Authorizing a New Equitable Sharing Memorandum of Understanding for Participation in the United States Department of Justice Equitable Sharing Program (Sponsors: Jerry Reese and John Hanneke) Bill 12638 An Ordinance Repealing Ordinance No.18-055 and Enacting a New Ordinance: (1) Authorizing the Establishment of Checking Accounts with Commerce Bank, N.A., and Designating Persons Authorized to Sign Checks; (2) Designating Carrollton Bank a Depository of the City of St. Charles, Missouri, Authorizing the Establishment of Joint Bank Account Titled “The City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority” at Carrollton Bank, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City and Authority; and (3) Designating New Frontier Bank a Depository of the City of St.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ Charles, Missouri, Authorizing the Establishment of a Joint Bank Account Titled “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Convention Center Operations” and “City of St. Charles, Missouri and St. Charles County Convention and Sports Facilities Authority Event Escrow Convention Center” and “Buy Down Fund” at New Frontier Bank, and Designating Persons Authorized to Initiate ACH Transfers or Sign Checks on Behalf of the City and Authority (Sponsor: John Hanneke) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Request to Waive Water and Sanitary Tap Fees for Lewis & Clark Vocational School Councilmember JERRY REESE made a motion to waive the water tap fees in the amount of $811.53 and to waive the sanitary tap fees in the amount of $1,000.00. Councilmember MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohms, Ratchford, Reese, West, Besselman, Haberstroh, Hanneke and Hermann. “Nay”: Beckering. Absent: Ohmes. Motion passed. File #48853 Canvass of Election Returns of the Special Municipal Election held on August 7, 2018, and Declaration of Election Results Councilmember DAVE BECKERING made a motion to receive and approve the certification of the election results of the Special Municipal Election held on August 7, 2018. Councilmember JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohms. “Nay”: None. Absent: Ohmes. Motion passed. File #48856 CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohms and Ratchford. “Nay”: None. Absent: Ohmes. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of August 21, 2018 2. Public Hearing of August 21, 2018 File #48855 3. Administrative Hearing of August 21, 2018 File #48856 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of August 21, 2018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of August 21, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of July 16, 2018 File #48807 2. Board of Public Works Meeting of July 23, 2018 File #48809 3. Housing Authority Commission Meeting of June 27, 2018 File #48814 4. Park and Recreation Board Meeting of July 18, 2018 File #48804 5. Park and Recreation Work Session of August 1, 2018 File #48804 6. Veterans Commission Meeting of July 9, 2018 File #48822 7. Veterans Commission Meeting of June 11, 2018 File #48822 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 (none) F. Preliminary Plats (none) G. Miscellaneous 1. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Clerk’s Office) File #48787 2. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors for the Fair Grounds Road Community Improvement District File #48788 3. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors for the Fountain Lakes Commerce Center North Community Improvement District File #48788 4. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors for the Elm Point Commons Community Improvement District File #48788  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 4, 2018 ______________________________________________________________________________ 5. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors for the Veteran’s Memorial Parkway Community Improvement District File #48788 6. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors for the Elm & 370 Community Improvement District File #48788 7. Approval of Refacing to an Existing Electronic Message Sign for Midtown Phillips 66 Gas Station located at 524 First Capitol Drive File #48857 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS (none) TABLED BILLS Bill 12547 An Ordinance Amending Section 600.020 of the Code of Ordinances to Prohibit Disposal of Intoxicating Liquor During Certain Hours in the Historic Downtown District (Sponsors: Dave Beckering, Mary West and Bart Haberstroh) No action taken on tabled Bill 12547 APPROVAL OF CLOSED MINUTES (none) The Regular Council Meeting adjourned at 8:35 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer