City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, October 2 2018, at 7:05 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with President of the Council John Hanneke, presiding, and the Honorable Mayor Sally A. Faith and Members of the Council present as follows: Dave Beckering, Tom Besselman, Bart Haberstroh, Rod Herrmann, Bridget Ohmes, Mary Ann Ohms, Vince Ratchford, Jerry Reese and Mary West. Absent: None. City Clerk Laura 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. Council President John Hanneke announced we are advancing to Agenda Item 4A due to the request of Councilmember Jerry Reese. 4A. Check Presentation to Mid-East Area Agency on Aging for the Meals on Wheels Program Councilmember Jerry Reese provided a brief overview of the program and requested Councilmember Tom Besselman present the check. Councilmember Besselman presented the check and thanked Mid-East Area Agency on Aging for all their assistance with the program. Councilmember Mary West also thanked Councilmember Jerry Reese for all his work and dedication he has devoted to the St. Charles Senior Center. PUBLIC HEARING The President of the Council John Hanneke announced that the Public Hearing would now be held. At the conclusion of the hearing, the Regular Session continued with the order of business: A. Case No. Z-2018-09. (Wayne J. Brinker) An application to rezone an approximately 7,500 square foot tract of land known as 708 First Capitol Drive from C-2 General Business District within the EHP Extended Historic Preservation District overlay to CBD Central Business District within the EHP Extended Historic Preservation District overlay. The property is located in Ward 1. (Council Bill 12651) B. Case No. CU-2018-26. (Matt Ament – Black & Veatch) An application for a Conditional Use Permit from §400.200(C)(1)(f) for a telecommunication antenna within the HCD Historic Commercial District and within the SMPD South Main Preservation District located at 328 South Main Street. The subject property is located in Ward 2. (At the September 24, 2018 Planning & Zoning Commission Meeting this item was tabled by Commission to the October 22, 2018 Planning & Zoning Commission Meeting. Case No. CU-2018-26 to be Held over to the November 6, 2018 Regular City Council Meeting) (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ C. Case No. CU-2018-27. (Larry and Laura Muench) An application for the expansion of an existing Conditional Use Permit from §400.200(C)(1)(g) to an adjacent area of right-of-way for a meeting facility secondary to an existing primary retail use. The expansion includes approximately 1,100 square feet of area approved via a right-of-way encroachment within the HCD Historic Commercial District and within the SMPD South Main Preservation District Overlay located at 700 South Main Street. The subject property including the expansion is approximately 0.2 acres and is located in Ward 2. (RCA Attached) D. Case TA-2018-06. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions adding and amending definitions, §400.110 Location and Number of Buildings on a Lot removing references to accessory buildings, §400.530 Accessory Buildings amending limitations on size of accessory buildings, §400.620 Setback Requirements Generally amending encroachments of decks and porches, and §400.790 Non- Conforming Use Permits by amending the review process of these request. (Council Bill 12652) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Proclamation Acknowledging the 10th Year Anniversary of the Human Relations Commission The Honorable Mayor Sally A. Faith presented a Proclamation acknowledging their 10th Year Anniversary to the current and past Members of the Human Relations Commission. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointment: Digital Media Commission Appointment of Peter Colombatto for a three year term ending September 2021 ROD HERRMANN seconded the motion. A roll call vote was taken with the following results: “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. File #48783 Budget Amendment No. 12 (Council Bill 12649) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 12 is being introduced this evening and should anyone have questions, Director of Finance Gina Jarvis is available for answers.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ 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 There were no public speakers. RESOLUTIONS (none) BILLS FOR FINAL PASSAGE 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) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-217 Bill 12639 An Ordinance Authorizing an Intergovernmental Cooperation Agreement Between the City of St. Charles, Missouri and the City of St. Peters, Missouri for the Acquisition of Easements Across Certain Tracts of Land for Design and Construction of Public Storm Sewer Improvements and Maintenance of Said Improvements Associated with the P-31 Hermitage Storm Sewer Improvement Project (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-218 Bill 12640 An Ordinance Authorizing a Contract with WEX Bank for a Fleet Fuel Card Program to Facilitate the Purchase of Unleaded Gasoline and Diesel Fuel for the Term of January 1, 2019 through December 31, 2019 in an Amount Not to Exceed $666,400 (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-219 Bill 12641 An Ordinance Authorizing One Stop Sign and One Sign that Reads “Cross Traffic Does Not Stop” on Hilltop Drive at the Intersection of Ken Drive (Sponsors: Bridget Ohmes, Rod Herrmann, Tom Besselman, Dave Beckering and Vince Ratchford) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-220 Bill 12642 An Ordinance Authorizing Amendment Number 1 to the Professional Services Contract with Woodard & Curran, Inc. for Fountain Lakes Lift Station Low Flow Evaluation Project in an Amount of $86,370.00, for a Total Contract Amount Not to Exceed $110,170.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-221 Bill 12643 An Ordinance Authorizing a Contract with TGB, Inc. for the Elm Point Water Treatment Plant Filter Control Modifications Project in an Amount Not to Exceed $597,622.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-222 Bill 12644 An Ordinance Authorizing Amendment Number 6 to the Agreement with Woodard & Curran, Inc. for Contract Wastewater Operations in an Amount of $26,465.46, for a Total Contract Amount Not to Exceed $2,090,591.92 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-223  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ Bill 12645 An Ordinance Authorizing Amendment Number 2 to the Engineering Services Contract with Crawford, Murphy & Tilly, Inc. for the Water Hammer and Surge Tank Study in the Amount of $8,180.00 for a Total Amount Not to Exceed $112,820.00 (Sponsor: Rod Herrmann) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-224 Bill 12646 An Ordinance Authorizing a Contract with the City of Kirkwood, Missouri for the Purchase of Approximately 1,000 Tons of Bulk Road Salt for the 2018/2019 Winter Season in an Amount Not to Exceed $56,740.00 (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on October 6, 2018 and is known as Ordinance 18-225 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12647 An Ordinance Authorizing Amendment Number 2 to the Second Renewal Contract with Schreiter Ready-Mix & Materials, Inc. for Ready Mix Concrete Supply Services for the Period of January 1, 2018 through December 31, 2018 in an Amount of $10,000 for a Total Amount Not to Exceed $152,000 (Sponsor: Rod Herrmann) Bill 12648 An Ordinance Authorizing a Change Order Number 1 to the Contract with Unnerstall Contracting Company, LLC for the Second Street Water Main Replacement Project in an Amount of $79,728.00 for a Total Not to Exceed Amount of $604,091.00 (Sponsors: Tom Besselman and Rod Herrmann) Bill 12649 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 #12) (Sponsor: John Hanneke) Bill 12650 An Ordinance Approving the Record Plat for The Villages at Sandfort Farm Plat One, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Jerry Reese)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ Bill 12651 An Ordinance Rezoning to City Zoning District CBD (Central Business District) within the EHP (Extended Historic Preservation District) from City Zoning District C-2 (General Business District) within the EHP (Extended Historic Preservation District) an Approximate 0.172 Acre Tract of Land with an Address of 708 First Capitol Drive (Sponsor: Mary Ann Ohms) Bill 12652 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.050 Pertaining to Zoning Code Definitions; Section 400.110 Pertaining to the Location and Number of Buildings on a Lot; Section 400.530 Pertaining to Accessory Buildings; Section 400.620 Pertaining to Setback Requirements for Decks and Porches; and Section 400.790 Pertaining to Non-Conforming Use Permits (Sponsor: John Hanneke) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Election of an “Employer Delegate” for the Annual Missouri Local Government Employees Retirement System (LAGERS) Scheduled for October 25-26, 2018 (Referred by Human Resources) Human Resource Manager Shanton Fountain reported the Annual Missouri LAGER Conference is being held on October 25-26, 2018 in St. Louis this year and inquired if any Councilmember would be interested in representing as the Employer Delegate this year. It was the consensus of the Councilmembers that Administration select the Employer Delegate for this years conference. File #48862 CONSENT AGENDA A motion was made by DAVE BECKERING to approve the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of September 25, 2018 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of September 11, 2018 File #48790 b. Council Work Session (Closed) of September 25, 2018 File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of September 11, 2018  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ i. Administration will draft an ordinance to make it clear golf carts are illegal to operate on any city street. Councilmember Mary Ann Ohms requested to carve out an exception for special events ii. Administration will continue to work with Councilmember West and together they will present legislation at a future meeting for council’s consideration on this matter iii. Administration will look at the uniformity as a region in St. Charles County and will work with Director Evans on this matter and bring this item back to a future work session for continued discussion iv. Councilmember Mary West reported she supports Mr. Evans’ recommendations and would sponsor the ordinances. b. Council Work Session (Closed) of September 25, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of August 20, 2018 File #48807 2. Veterans Commission Meeting of August 13, 2018 File #48822 3. Senior Citizen Advisory Commission Meeting of July 10, 2018 File #48802 4. Park and Recreation Board Meeting of August 15, 2018 File #48804 5. Park and Recreation Board Work Session of September 5, 2018 File #48804 6. Digital Media Commission Meeting of June 14, 2018 File #48834 7. Digital Media Commission Meeting of April 26, 2018 File #48834 8. Board of Adjustment Meeting of September 10, 2018 File #48834 9. Planning and Zoning Commission Meeting of August 27, 2018 File #48810 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Heggemann, Inc. for the Missouri River Waste Water Treatment Plant (WWTP) Headworks Repair Project in an Amount Not to exceed $67,748.00  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ C18-385 2. First Renewal Contract with Shea Kohl Law, L.C. to Provide Municipal Prosecution Services for 2019 in an Amount Not to Exceed $54,000.00 C17-482 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 (Clerks Office) File #48787 2. Approval of a Replacement of an Electronic Message Center for Providence Bank located at 1001 South Fifth Street File #48861 3. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors of the Plaza at Noah’s Ark Community Improvement District File #48788 4. Receipt of the Proposed Annual Budget for 2019 as Submitted by the Board of Directors of the St. Charles Riverfront Community Improvement District File #48788 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Vince Ratchford and Councilmember Mary West complimented Director of Convention and Visitors Bureau Joe Ward on the recent issue of their magazine. Councilmember Mary West recognized Councilmember Jerry Reese for all the time and effort he’s put towards supporting and renovating the St. Charles Senior Center. Councilmember Jerry Reese provided a brief update on current and future projects on the Senior Center. Councilmember Mary Ann Ohms also commended Mr. Reese on his participation with the Senior Center projects. Ms. Ohms further reported Mr. Reese is the person responsible for bringing the Meals on Wheels program to the City of Saint Charles. 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI October 2, 2018 ______________________________________________________________________________ A motion was made by DAVE BECKERING to remove Council Bill 12547 from the table. MARY WEST seconded the motion. All voted in favor, motion passed. APPROVAL OF CLOSED MINUTES (none) CLOSED SESSION A roll call vote was taken to convene into closed session relative to Legal actions, causes of action, or litigation (RSMo 610.021.1), Leasing, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefor (RSMo 610.021.2) and Sealed proposals and related documents or any documents related to a negotiated contract (RSMo 610.021.12) with the following results: “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: None. The open portion of the Regular Council Meeting adjourned at 7:41 p.m. The closed portion of the Regular Council Meeting adjourned at 7:50 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer