City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, November 6, 2018, at 7:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with Vice President of the Council Mary West, 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 and Jerry Reese. Absent: Hanneke and Ohmes. 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. Councilmember ROD HERRMANN made a motion to excuse the absence of Councilmember John Hanneke and Councilmember Bridget Ohmes. Councilmember MARY ANN OHMS seconded the motion. All voted in favor, motion passed. PUBLIC HEARING The Vice President of the Council Mary West 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. 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. (RCA Attached) B. Case No. CU-2018-28. (The St. Charles Guest House) An application for a Conditional Use Permit from §400.270(C)(1) for a guest house within the CBD Central Business District and within the EHP Extended Historic Preservation District located at 118 Jackson Street. The subject property is located in Ward 2. (RCA Attached) C. Case No. CU-2018-29. (The Lewis and Clark Guest House) An application for a Conditional Use Permit from §400.200(C)(1)(h) for a guest house within the HCD Historic Commercial District and within the EHP Extended Historic Preservation District located at 119 McDonough Street. The subject property is located in Ward 2. (RCA Attached) D. Case No. CU-2018-30. (Indiana Center for Recovery - Timothy Kavanagh) An application for a Conditional Use Permit from §400.270(C)(1) for a Community Service Establishment within the CBD Central Business District and within the EHP Extended Historic Preservation District located at 508 Jefferson Street. The subject property is located in Ward 1. (RCA Attached) E. Case TA-2018-07. (Joseph W. and Linda K. Brewer) An application to amend §400.421 Guest Houses, specifically to expand the area permitted to allow Guest House uses. (Council Bill 12679)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ F. Case TA-2018-08. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.210 “C-1” Neighborhood Business District removing industrial uses permitted via conditional uses, §400.240 “I-1” Light Industrial District amending setbacks, §400.250 “I-2” Heavy Industrial District amending setbacks, §400.510 Portable on Demand Storage Containers allowing flexibility in placement of containers in the case of no driveways, §400.700 Parking Design Standards amending landscaping requirement exceptions and §400.1050 Protest Against Application specifically updating process standards. (Council Bill 12678) G. Petition to Establish The 501 South Main Street Community Improvement District Pursuant to Sections 67.1401-67.1571 of the Revised Statutes of Missouri, As Amended (Council Bill 12677) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Proclamation Declaring November 20, 2018 as the 28th Annual “No Hunger Holiday” The Honorable Mayor Sally A. Faith read the proclamation declaring November 20, 2018 as the No Hunger Holiday in the City of Saint Charles. Announcement of the following Police Department Officers who were Recognized at the 2018 Heroes for Heroes Awards Banquet: Sergeant Shawn Hoselton, Officer Dean Alexander, Officer Kenneth Enz, Officer Kevin Kohler, Officer Scott Olson, and Officer Jonathan Weiss The Honorable Mayor Sally A. Faith invited Police Chief Randy McKinley to the lectern. Chief McKinley announced the following individuals were recognized at the Annual Heroes for Heroes Awards Banquet: Sergeant Shawn Hoselton, Officer Dean Alexander, Officer Kenneth Enz, Officer Kevin Kohler, Officer Scott Olson, and Officer Jonathan Weiss. Mayor Faith and the Members of Council thanked the Police Department for all that they do for our community. Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointments: Convention and Visitors Commission Reappointment of Ann Hazelwood for a 3 year term ending November 2021 Appointment of Marsha Adams fulfilling a 3 year term ending May 2019 MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Herrmann, Ohms and Ratchford “Nay”: None. Absent: Hanneke and Ohmes. Motion passed. File #48783  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ Written and/or Verbal Messages from the Mayor The Honorable Mayor Sally A. Faith welcomed Chairman Tom Kypers and the Members of the Veteran’s Commission forward. Chairman Kypers announced this coming November 11 at 11am will be the 100th Anniversary on the ending of World War I and this day is also observed as Remembrance Day. Remembrance Day is a memorial day observed in states since the end of the First World War and is observed to remember the members of their armed forces who have died in the line of duty. Mayor Faith has contacted the churches in the area who have church bells and asked that they ring their bells on November 11 at 11am. There will be a Veterans Memorial Commemoration Event held on November 11 at 11am at Bishops Landing. Mayor Faith and Members of the City Council thanked Mr. Kypers and the Members of the Veterans Commission for their sevice. The Honorable Mayor Sally A. Faith read a letter she received from residents of the Lake Forest Home Owners Association thanking the City’s Water Division for their quick response and professionalism to repairing a water main break in their subdivision on July 31, 2018. PUBLIC COMMENT Mike Flandermeyer, 3010 Sherwood Lane, representing the St. Charles Municipal Band, distributed the upcoming holiday schedule and spring concert series and announced most of the performances are held in the summer months in Frontier Park. The St. Charles Municipal Band Holiday Concert is being held on December 11 at the J. Scheidegger Center for the Arts. Information regarding this concert will be made available on the city’s website and social media platforms. RESOLUTIONS (none) BILLS FOR FINAL PASSAGE Bill 12653 An Ordinance Declaring Real Property Located at 370 North Drive Surplus and Authorizing Disposal by Sale to Robert Wyhs for the Sale Price of $150,000 and as Part of a Like-Kind Exchange Authorizing the Purchase of Real Property Located at 1602 Old South River Road from Robert Whys for the Sale Price of $150,000 with Closing Costs Not To Exceed $3,700 and Granting the Mayor Continuing Authority to Execute Documents Necessary to Carry Out the Intent of this Ordinance (Sponsor: Vince Ratchford)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 7, 2018 and is known as Ordinance 18-233 Bill 12654 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing Parking Restrictions on the West Side of South Riverside Drive (Sponsors: Bridget Ohmes, Rod Herrmann, Tom Besselman, Dave Beckering and Vince Ratchford) Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 7, 2018 and is known as Ordinance 18-234 Bill 12655 An Ordinance Authorizing Change Order Number 1 to the Contract with Gerstner Electric, Inc. for Annual Streetlight and Traffic Signal Maintenance and Repair Services in an Amount of $20,000.00, for a Total Amount Not to Exceed $116,000.00 (Sponsor: John Hanneke) Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 7, 2018 and is known as Ordinance 18-235 Bill 12656 An Ordinance Repealing Ordinance 18-150 and Enacting a New Ordinance Vacating Right-of-Way of a Portion of Old Friedens Road Near its Intersection with Fairgrounds Road Consisting of Approximately 30,258 Square Feet (Sponsor: Vince Ratchford) Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 7, 2018 and is known as Ordinance 18-236 Bill 12657 An Ordinance Vacating Right-of-Way Rights Only of Schattdecor Drive, as Recorded in Fountain Lakes Commerce Center Plat Number 7, Plat Book 45, Page 335-337 (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 7, 2018 and is known as Ordinance 18-237 Bill 12658 An Ordinance Authorizing and Directing the Issuance, Sale and Delivery of Not to Exceed $5,200,000 Aggregate Principal Amount of Neighborhood Improvement District Limited General Obligation Bonds (New Town At St. Charles – Phase Five Improvements), Series 2018; Prescribing the Form and Details of the Bonds; Providing for the Levy and Collection of Annual Assessments for the Purpose of Paying the Principal of and Interest on the Bonds as They Become Due; and Authorizing Certain Other Documents and Actions in Connection Therewith (Sponsor: Rod Herrmann) Passed “Aye”: West, Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford and Reese “Nay”: None Absent: Hanneke and Ohmes Approved by the Honorable Mayor on November 6, 2018 and is known as Ordinance 18-232 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12659 An Ordinance Authorizing a Second Amendment of the Intergovernmental Agreement for the Construction, Operation, Ownership and Maintenance of the St. Charles County Digital P25 Land Mobile Radio Microwave System for Public Safety and Emergency Communications (Sponsors: Jerry Reese and John Hanneke) Bill 12660 An Ordinance Approving a Second Amendment to Development Agreement for a Project Known as the New Town Merz Development (Sponsor: Rod Herrmann) Bill 12661 An Ordinance Authorizing a Contract with Anthem (Blue Cross Blue Shield) to Provide a Self-Funded Medical Insurance and Prescription Drug Program to the Mayor, City Council, All Full-Time Employees and Their Eligible Dependents, Eligible Retirees and Their Eligible Spouses from February 1, 2019 Through January 31, 2020 in an Amount Not to Exceed $820,512 (Sponsor: John Hanneke) Bill 12662 An Ordinance Authorizing a Contract with Delta Dental to Provide the Mayor, City Council, All Full-Time Employees and Their Eligible Dependents, Eligible Retirees and Eligible Spouses With a Basic and Buy-Up Dental Program for the Period February 1,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ 2019 through January 31, 2020 in an Amount Not to Exceed $106,085 (Sponsor: John Hanneke) Bill 12663 An Ordinance Authorizing a Contract with Hartford Insurance Company to Provide Long Term Disability Insurance for Full-Time Employees for the Period February 1, 2019 through January 31, 2020 in an Amount Not to Exceed $81,000 (Sponsor: John Hanneke) Bill 12664 An Ordinance Authorizing a Contract with Hartford Insurance Company to Provide Group Term Life Insurance, Accidental Death and Dismemberment Insurance and Dependent Life Insurance for the City Council, Mayor and Full-Time Employees for the Period February 1, 2019 through January 31, 2020 in an Amount Not to Exceed $50,000 (Sponsor: John Hanneke) Bill 12665 An Ordinance Authorizing and Approving a Subrecipient Agreement for Conducting City CDBG Programs with 2018 Federal Funding and a 2018 Program Administration Agreement for Administering Urban County Programs Between the County of St. Charles, Missouri and the City of St. Charles, Missouri (Sponsor: John Hanneke) Bill 12666 An Ordinance Authorizing a Contract with Erb Equipment Company, Inc., for the Purchase of One (1) 2019 Deere 325G Track Loader and One (1) 2019 Deere 331G Track Loader in an Amount Not to Exceed $116,145.00 (Sponsor: Dave Beckering) Councilmember Tom Besselman voiced concerns regarding this bill and stated he will not be supporting this bill. Councilmember Rod Herrmann requested his name be added as sponsor to Council Bill 12666. Councilmember Dave Beckering reported the Board of Public Works unanimously supported this purchase. Bill 12667 An Ordinance Authorizing Addendum Number 1 to the Rider Education Recognition Program Agreement Between the Missouri Motorcycle Safety Foundation and the City of St. Charles, Missouri, Through its Parks and Recreation Department, Ranger Division, to Provide Motorcycle Safety Classes in Conjunction with the State of Missouri Motorcycle Safety Foundation (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ Bill 12668 An Ordinance Authorizing an Intergovernmental Agreement By and Between St. Charles County and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds for Construction of New Roadway Boschertown Road Phase 2 (Sponsors: Mary Ann Ohms and Rod Herrmann) Bill 12669 An Ordinance Authorizing an Intergovernmental Agreement By and Between St. Charles County and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds to Improve Traffic Flow and Reduce Congestion on Little Hills Expressway at Mel Wetter Intersection (Sponsor: Mary Ann Ohms) Bill 12670 An Ordinance Authorizing an Intergovernmental Agreement By and Between St. Charles County and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds for Construction of New Culvert on Zumbehl Road (Sponsor: Jerry Reese) Bill 12671 An Ordinance Authorizing a First Amendment to the Intergovernmental Agreement By and Between St. Charles County and City of St. Charles for Use of St. Charles County Transportation Sales Tax Funds to Realign the Intersection of Droste Road and West Clay Street (Sponsors: Tom Besselman and Bart Haberstroh) Bill 12672 An Ordinance Amending Sections 510.290 of the Code of Ordinances Pertaining to Rules and Regulations for Engineering Design By Deleting Existing Detention Facility Design Requirements and Incorporating by Reference New Stormwater Detention and Storm Water Quality Criteria (Sponsor: Rod Herrmann) Bill 12673 An Ordinance Authorizing Supplemental Agreement Number 2 to the Engineering Services Contract with CDG Engineers, Inc. to Provide Additional Engineering Services for the Rio Vista Drive Culvert and South Fifth Street Culvert Replacement Projects in the Amount of $47,900.00 for a Total Amount Not to Exceed $216,400.00 (Sponsors: Vince Ratchford and Dave Beckering) Bill 12674 An Ordinance Authorizing Change Order Number 5 to the Contract with Millstone Weber, LLC for the Harry S. Truman Road Reconstruction Project in an Amount of $83,646.88, for Total Amount Not to Exceed $5,566,428.24 (Sponsors: Jerry Reese and Dave Beckering)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ Bill 12675 An Ordinance Authorizing a Second Renewal of the Contract with Oros & Busch Application Technologies, Inc. for Lime Residual Collection and Disposal Services in an Amount Not to Exceed $400,000.00 (Sponsor: Dave Beckering) Bill 12676 An Ordinance Amending Section 500.260 of the Code of Ordinances Pertaining to Plumbing Permit Fees (Sponsor: Dave Beckering) Councilmember Dave Beckering provided a brief overview of the current law and what this bill is proposing. Basically this bill defines a tap fee. Future requests for waiving fees will be honored however they will still pay the actual costs for parts and labor. Councilmember Rod Herrmann requested his name be added as sponsor to Council Bill 12676. Bill 12677 An Ordinance Approving a Petition to Establish the 501 South Main Street Community Improvement District Pursuant to Sections 67.1401-67.1571 of the Revised Statutes of Missouri, As Amended; Creating the 501 South Main Street Community Improvement District as a Political Subdivision; Directing the City Clerk of the City of St. Charles To Report the Creation of the District to the Missouri Department of Economic Development; Directing and Authorizing City Officials to Take Certain Actions Related to the Same; and Containing a Severability Clause (Sponsor: Tom Besselman) Bill 12678 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.210 Pertaining to C-1 Neighborhood Business District - Uses; Section 400.240 Pertaining to I-1 Light Industrial - Setbacks; Section 400.250 Pertaining to I-2 Heavy Industrial District – Setbacks; Section 400.510 Pertaining to Portable on Demand Storage Containers – Exceptions; Section 400.700 Pertaining to Landscaping Adjacent to Industrial Storage Areas; and Section 400.1050 Pertaining to Protest Against Application (Sponsor: John Hanneke) Bill 12679 An Ordinance Amending Section 400.421 of the Code of Ordinances to Permit Guest Houses Within the CRD-II Central Residential District (Sponsor: John Hanneke) Bill 12680 An Ordinance Approving Costs of Certain Improvements; and Authorizing Payments from the Project Fund in Connection with the New Town at St. Charles Neighborhood Improvement District Phase Five Improvements (Reimbursement Number 1) (Sponsor: Rod Herrmann)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ *Bill 12681 An Ordinance Authorizing a Labor Agreement between the City of St. Charles, Missouri and the International Association of Fire Fighters Local 757 for the Period ending December 31, 2022 (Sponsor: John Hanneke) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken with the following results: “Aye”: Beckering, Besselman, Haberstroh, Herrmann, Ohms, Ratchford, Reese and West. “Nay”: None. Absent: Hanneke and Ohmes. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of October 16, 2018 2. Public Hearing of October 16, 2018 File #48868 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of October 9, 2018 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of October 9, 2018 i. Consensus of the Councilmembers to move forward with the process as presented by staff regarding the New Public Hearing process for New Liquor Licenses and Certain Renewal Liquor Licenses ii. Consensus of the Council to move forward with the proposed new season and hours as presented; however, staff was directed to look at re-routing the trolley route to include going back down to Riverside and to keep one stop in Frenchtown C. Receipt of Reports from Boards, Commissions, or Committees 1. Convention Center Oversight Subcommittee Meeting of August 6, 2018 File #48815 2. Convention Center Oversight Subcommittee Meeting of July 24, 2018 File #48815 3. Housing Authority Commission Meeting of August 22, 2018 File #48814 4. Housing Authority Commission Meeting of September 12, 2018 File #48814  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ 5. Veterans Commission Meeting of September 10, 2018 File #48822 6. Senior Citizen Advisory Commission Meeting of September 11, 2018 File #48802 7. Board of Public Works Meeting of August 20, 2018 File #48809 8. Landmarks Board Meeting of September 17, 2018 File #48807 9. Park and Recreation Board Meeting Minutes of September 19, 2018 File #48804 10. Arts and Culture Commission Meeting of April 4, 2018 File #48824 11. Audit Committee Meeting of June 19, 2018 File #48846 12. Fair Housing Commission Meeting of April 12, 2018 File #48823 13. Board of Adjustment Meeting of October 8, 2018 File #48797 14. Planning and Zoning Commission of September 24, 2018 File #48810 15. Board of Public Works Meeting of September 24, 2018 File #48809 16. Greater Saint Charles Convention and Visitors Commission Meeting of August 23, 2018 File #48805 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Second Renewal Contract with Kerber, Eck & Braeckel LLP for Independent Audit Services for the City for Fiscal Year 2018 in an Amount Not to Exceed $58,604.00 C14-696 2. Contract Amendment No. 1 with K&P Precast, Inc. for the Purchase of Sanitary and Storm Sewer Drain Concrete Supplies in an Amount of $12,500.00, for a Total Contract Amount Not to Exceed $72,500.00 C17-622 3. Contract Amendment No. 1 with Vandevanter Engineering for Maintenance on a Flygt Pump at the Fountain Lakes Lift Station in an Amount of $7,490.63, for a Total Contract Amount Not to Exceed $52,262.57 C17-644  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ 4. Contract with DPC Enterprises, LLC for Sodium Hypochlorite for Public Works Department in an Amount Not to Exceed $34,090.00 C18-413 5. Contract with A. Eilers Construction for the Renovations at the St. Charles Senior Center in an Amount Not to Exceed $76,493.00 C18-412 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administrator Relative to Monies Collected and Deposited – September 2018 2. 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 3. Investment Reports – August & September 2018 4. Approval of an Electronic Message Sign for Circle K located at 3401 Harry S. Truman Boulevard File #48869 5. Approval of an Electronic Message Sign for St. Charles Senior Center at 1455 Fairgrounds Road File #48870 6. Approval of Arts & Culture Commission Expenditures File #48826 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Mary West announced the Foundry Art Centre is hosting a Nutcracker Tea event on Sunday December 2nd and December 9th from 2-4pm. Councilmember Jerry Reese reported he’s been a little under the weather lately and wanted to take this time to thank the City’s Human Resource Manager Shanton Fountain for helping him with getting his medication approved. TABLED BILLS (none) APPROVAL OF CLOSED MINUTES (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 6, 2018 ______________________________________________________________________________ The Regular Council Meeting adjourned at 8:00 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer