City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, December 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, 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. 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-2018-10. (The City of St. Charles) An application to rezone upon annexation an approximately 0.87 acre tract of land, known as 1816 Fairgrounds Road, from St. Charles County R1E Single-Family Residential District to City of St. Charles R-1E Single-Family Residential District. The property will be located in Ward 3 upon annexation. (Council Bill 12708) B. 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) C. Case No. CU-2018-32. (Express One Trucking Inc.) An application for a Conditional Use Permit from §400.240(C)(1)(a) for outdoor storage within the I-1 Light Industrial District, specifically to approve the storage of recreational vehicles, campers, boats, trailers, tractor trailers and other similar equipment at Lot 43 of Elm Point Industrial Park Plat 3, more specifically located south of the intersection of Elm Point Industrial Drive and Karydan Court. The subject property is approximately 1.75 acres and is located in Ward 8. (RCA Attached) D. Case TA-2018-11. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions by adding new definitions, and consolidating land uses within §400.190 “O-I” Office Institution District, §400.200 “HCD” Historic Commercial District, §400.210 “C-1” Neighborhood Business District, §400.220 “C-2” General Business District, §400.230 “C-3” Highway Business District, §400.240 “I-1” Light Industrial District, and §400.250 “I-2” Heavy Industrial District. (Council Bill 12704) E. Case TA-2018-09. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.220(B)(33) and §400.220(C)(1)(e) of the “C-2” General Business District specifically clarifying “Motor Vehicle Service and Repair uses” and removing the requirement for a conditional use. (Council Bill 12705)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ F. Case TA-2018-10. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.330 “SMPD” South Main Preservation District, §400.350 “HDD” Historic Downtown District, and §400.380 “LMPD” Landmarks Preservation District to provide clarification on permitted and conditional uses, §400.480 Temporary Retail Sales and Outdoor Display of Merchandise by providing clarification for façade mounted display within the “SMPD” South Main Preservation District, and §400.1540 On-Premise Electronic Message Signs by removing the conditional use requirement. (Council Bill 12706) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS A Proclamation Recognizing the Accomplishment and Designation of Missouri Registered City Clerk (MRCC) as Achieved by Kimberly Hudson City Clerk Laura Whitehead read and presented a proclamation recognizing the accomplishment and designation of MRCC to Kimberly Hudson. Budget Amendment No. 14 (Council Bill 12692) The Honorable Mayor Sally A. Faith announced Budget Amendment No. 14 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 A. Faith reported the Christmas Traditions event started on November 24th and lots of people have been coming to town! Mayor Faith also mentioned other events taking place this month. For information on “What’s Happening” in Saint Charles, visit www.discoverstcharles.com. PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution Adopting the Capital Improvement Program for the City of Saint Charles, Missouri, for the Fiscal Years 2019 through 2024 (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Bart Haberstroh and Bridget Ohmes) Passed “Aye”: Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes and Ohms “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Resolution 18-48  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ BILLS FOR FINAL PASSAGE Bill 12682 An Ordinance Adopting a Budget for the City for the Period from January 1, 2019 to December 31, 2019, and Appropriating Money in the City Treasury to Pay the Cost of Operating the City Government During That Period in Accordance with the Budget (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Dave Beckering, Rod Herrmann, Bart Haberstroh and Bridget Ohmes) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-261 Bill 12683 An Ordinance Authorizing a First Renewal Contract with Gerstner Electric, Inc. for Streetlight and Traffic Signal Maintenance and Repair Services in an Amount Not to Exceed $100,000.00 (Sponsor: John Hanneke) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-262 Bill 12684 An Ordinance Amending Sections 250.070, 250.080 and 250.090 of the Code of Ordinances of the City of Saint Charles, Missouri by Amending the Schedule of Prices of Grave Spaces, Burial Fees and Disinterment Fees in Oak Grove Cemetery, Effective January 1, 2019 (Sponsor: Tom Besselman) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-263 Bill 12685 An Ordinance Authorizing a First Renewal Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime in an Amount Not to Exceed $460,000.00 (Sponsor: Dave Beckering) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-264 Bill 12686 An Ordinance Computing the Final Costs of Certain Improvements Within and Benefitting the Phase Five Area of the New Town at St. Charles Neighborhood Improvement District of the City of Saint Charles; Apportioning the Cost of Such Improvements Among the Properties Benefited; Assessing the Final Costs as Special Assessments; and Providing Further Authority, All Pursuant to the Neighborhood Improvement District Act (Sponsor: Rod Herrmann) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 4, 2018 and is known as Ordinance 18-265 Bill 12687 An Ordinance Authorizing Amendment Number 3 to the Contract with M & H Concrete Contractors, Inc. for the 2018 Annual Concrete Repair Project in an Amount of $128,590.00, for a Total Amount Not to Exceed $1,475,000.00 (Sponsor: John Hanneke) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-266 Bill 12688 An Ordinance Authorizing a Cost Apportionment Agreement Between the City of St. Charles, Missouri, City of Bridgeton, Missouri and Metropolitan Park and Recreation District d/b/a the Great Rivers Greenway District to Receive Funding for the MO 370 Discovery Bridge Shared Use Path Project (Sponsor: Mary Ann Ohms) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-267 Bill 12689 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 #13) (Sponsor: John Hanneke) Passed “Aye”: Reese, West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms and Ratchford “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ Absent: None Approved by the Honorable Mayor on December 11, 2018 and is known as Ordinance 18-268 BILLS FOR INTRODUCTION Council President John Hanneke thanked city staff for all their hard work on the 2019 Operating Budget and the 2019-2024 Capital Improvement Plan. The following council bills were introduced: Bill 12690 An Ordinance Authorizing the Binding of Insurance Coverage with Arthur J. Gallagher Risk Management Services, Inc. for the Purpose of Placing Various Lines of Insurance Coverage for the year 2019 in an Amount Not to Exceed $802,989.00 (Sponsor: John Hanneke) Bill 12691 An Ordinance Authorizing a Memorandum of Agreement Between the City of St. Charles, Missouri and Missouri Incident Management System to Provide Continued Insurance and Workers Compensation Coverage for the St. Charles Police Department and St. Charles Fire Department Employees who are MIMS Members During Deployments with Region C Incident Support Team (Sponsors: Jerry Reese and Mary West) Bill 12692 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 #14) (Sponsor: John Hanneke) Bill 12693 An Ordinance Declaring as Surplus All Moneys Remaining in the Special Allocation Fund for the West 370 Tax Redevelopment Area, Dissolving said Special Allocation Fund, and Terminating the Designation of the West 370 Redevelopment Area as a Redevelopment Area (Sponsor: Rod Herrmann) Bill 12694 An Ordinance Amending Section 600.010 of the Code of Ordinances Pertaining to Liquor Control to Add a Definition of Receipts and Amend the Definitions of Annual Gross Receipts and Gross Receipts; and to Amend Section 600.260 to Revise the Definition of a Persistent Disorderly Place and to Revise the Procedure for Judicial Review of a Commission Decision (Sponsor: Dave Beckering) Councilmember Mary Ann Ohms stated she does not support the proposed amendment to the procedure for judicial review of a commission decision portion of this proposed council bill and suggested this bill be placed on the Council Work Session for discussion. Councilmember Dave Beckering reported he was asked by the City Attorney to sponsor this bill and he’s fine with it.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ Councilmembers requested City Attorney Michael Valenti prepare a memo explaining the proposed changes to Section 600.260. Bill 12695 An Ordinance Authorizing a Change Order Number 2 to the Contract with Unnerstall Contracting Company, LLC for the Second Street Water Main Replacement Project in an Amount of a $56,846.00 Deduction for a Total Not to Exceed Amount of $547,605.00 (Sponsors: Tom Besselman and Rod Herrmann) Bill 12696 An Ordinance Authorizing Amendment Number 6 to the Contract with Aerotek, Inc. to Extend the Contract for the Existing Project Manager for the Engineering Department in an Amount of $135,000.00, for a Total Contract Amount Not to Exceed $551,480.00 (Sponsor: Mary Ann Ohms) Bill 12697 An Ordinance Authorizing a Contract with Gershenson Construction Company, Inc. for the Concordia Lane Culvert Replacement Project in an Amount Not to Exceed $659,768.50 (Sponsors: Dave Beckering and Rod Herrmann) Bill 12698 An Ordinance Repealing Section 1(B)(6)(n) of Ordinance 82-35 and Amending Schedule I, Table I-A of Chapter 325 of the Code of Ordinances by Repealing a 30 Mile Per Hour Speed Limit and Enacting a 25 Mile Per Hour Speed Limit on Riverside Drive from Clark Street to Boone's Lick Road (Sponsors: Bridget Ohmes, Rod Herrmann, Tom Besselman, Dave Beckering and Vince Ratchford) Bill 12699 An Ordinance Authorizing the Acceptance of the Donation of Real Property Located at 1610 Old South River Road Pursuant to a Bargain Sale Agreement; Authorizing an Ingress, Egress and Cellular Communications Tower Easement Agreement; and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Vince Ratchford) Bill 12700 An Ordinance Authorizing a Real Property Option Agreement and Purchase and Sale Contract for the Purchase of Approximately 100 Acres of Property Located on North Highway 94 for a Total Sale Price of $3,800,000, inclusive of a $57,000 Option Deposit, and Granting Continuing Authority to Execute Documents Necessary to Carry out the Intent of this Ordinance (Sponsor: Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ Bill 12701 An Ordinance Authorizing a Contract with Schreiter Ready-Mix & Materials, Inc. for Ready Mix Concrete Supply Services for the Period of January 1, 2019 through December 31, 2019 in an Amount Not to Exceed $155,000 (Sponsor: Rod Herrmann) Bill 12702 An Ordinance Authorizing Amendment Number 1 to the Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime in the Amount of $70,000.00 for a Total Amount Not to Exceed $495,000.00 (Sponsor: Rod Herrmann) Bill 12703 An Ordinance Authorizing a Contract with Gershenson Construction Company, Inc. for the Convention Center Boulevard Extension Project in an Amount Not to Exceed $3,883,771.23 (Sponsors: Vince Ratchford and Rod Herrmann) Bill 12704 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.050 Pertaining to Definitions; Section 400.190 Pertaining to “O-I” Office Institutional District; Section 400.200 Pertaining to “HCD” Historic Commercial District; Section 400.210 Pertaining to “C-1” Neighborhood Business District; Section 400.220 Pertaining to “C-2” Neighborhood Business District; Section 400.230 Pertaining to “C- 3” Highway Business District; Section 400.240 Pertaining to “I-1” Light Industrial District; and Section 400.250 Pertaining to “I-2” Heavy Industrial District (Sponsor: John Hanneke) Bill 12705 An Ordinance Amending Section 400.220 of the Code of Ordinances Pertaining to Motor Vehicle Service and Repair Uses in the “C-2” Neighborhood Business District (Sponsor: John Hanneke) Bill 12706 An Ordinance Amending Chapter 400 of the Code of Ordinances by Amending Section 400.330 Pertaining to “SMPD” South Main Preservation District; Section 400.350 Pertaining to “HDD” Historic Downtown District; Section 400.380 Pertaining to “LMPD” Landmarks Preservation District; Section 400.480 Pertaining to Temporary Retail Sales and Outdoor Display of Merchandise with the SMPD; and Section 400.1540 Pertaining to On-Premise Electronic Message Signs (Sponsor: John Hanneke) Bill 12707 An Ordinance Annexing Certain Adjacent Contiguous Land into the City of Saint Charles, Missouri, and Assigning the Land to a Designated Ward of the City Being Petitioned for Annexation by City of St. Charles, Missouri an Approximate 0.87 Acre Tract of Land With an Address of 1816 Fairgrounds Road (Sponsor: Vince Ratchford)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ Bill 12708 An Ordinance Rezoning to City Zoning District R-1E (Single Family Residential District from St. Charles County Zoning District R-1E (Single-Family Residential District) an Approximate 0.87 Acre Tract of Land with an Address of 1816 Fairgrounds Road (Sponsor: Vince Ratchford) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by MARY ANN OHMS to approve the Consent Agenda. DAVE BECKERING seconded the motion. A roll call vote was taken with the following results: “Aye”: West, Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford and Reese. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular City Council Meeting of November 20, 2018 2. Public Hearing of November 20, 2018 File # B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of November 13, 2018 File #48790 b. Council Work Session (Closed) of November 20, 2018 File #48790 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of November 13, 2018 b. Council Work Session (Closed) of November 20, 2018 (none) C. Receipt of Reports from Boards, Commissions, or Committees 1. Landmarks Board Meeting of October 15, 2018 File #48807 2. Senior Citizens Advisory Commission Meeting of October 9, 2018 File #48802 3. Digital Media Commission Meeting of September 12, 2018 File #48834 4. Housing Authority Commission Meeting of October 17, 2018 File #48814 D. Receipt of Reports of the Director of Administration (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with LRL Commercial Cleaning, Inc. for Janitorial Services at City Hall and Senior Center for the Term of January 1, 2019 through December 31, 2019 in an Amount Not to Exceed $36,359.52 C18-450 2. Supplemental Agreement No. 2 with SCI Engineering, Inc. for the 2018 Construction Materials Testing Services in the Amount of $5,000.00, for a Total Contract Amount Not to Exceed $34,900.00 C18-018 3. Second Renewal Contract with Fred Weber, Inc. for the Purchase of Rock & Stone for the City’s Public Works Department in an Amount Not to Exceed $42,000.00 C16-745 4. First Renewal Contract with K&P Precast, Inc. for the Purchase of Sanitary and Storm Sewer Supplies to the City’s Public Works Department from January 1, 2019 through December 31, 2019 in an Amount Not to Exceed $60,000.00 C17-622 5. First Renewal Contract with Roadside Systems, Inc. for GPS/AVL Equipment and Software to the City’s Public Works Department from January 1, 2019 through December 31, 2109 in an Amount Not to Exceed $31,580.00 C18-010 6. Contract with Fred Weber, Inc. for the Purchase of Asphalt Mix to the City’s Public Works Department for the Term of January 1, 2019 through December 31, 2019 in an Amount Not to Exceed $87,000.00 C18-453 7. Contract with Compass Minerals America, Inc. for the Purchase of Bulk Road Salt to the City’s Public Works Department in an Amount Not to Exceed $75,000.00 C18-452 8. Contract with Pundmann Motor Company for the Purchase of One (1) New Ford F-450 with Knapheide Platform Body in an Amount Not to Exceed $77,240.00 C18-451 F. Preliminary Plats (none) G. Miscellaneous (none) ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI December 4, 2018 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Mary West congratulated Kimberly Hudson on achieving her designation as Missouri Registered City Clerk. TABLED BILLS (none) APPROVAL OF CLOSED MINUTES A motion was made by DAVE BECKERING to approve the following closed session minutes: A. Council Work Session of Tuesday, November 6, 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) 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) at 5:30 p.m. MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Beckering, Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese and West. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting adjourned at 7:34 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer