City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, March 5, 2019, 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 #48881 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-2019-02. (Fischer and Frichtel Custom Homes, LLC) An application to amend the previously approved Development Plan and Ordinance for the Talbridge subdivision within the PD-MU Planned development Mixed Use District. The amendment will revise the development plan by categorizing the land use of an approximately 1.49 acre tract of land from unclassified to residential. The subject property is located northwest of the intersection of Old Friedens Road and Fairgrounds Road. The property is located in Ward 3. Public Hearing to be Conducted and Held Open until the March 19, 2019, Regular City Council Meeting. (RCA Attached) B. Case No. PDA-2019-03. (Fischer and Frichtel Custom Homes, LLC) An application to amend the previously approved Development Plan and Ordinance for the Montclair subdivision within the PD-MU Planned development Mixed Use District. The amendment will revise the development plan by categorizing the land use of a 3 separate lots totaling approximately 4.9 acres from commercial to residential. The subject properties are located to the northwest, southwest, and southeast of the intersection of Friedens Road and Fairgrounds Road. The property is located in Ward 3. Public Hearing to be Conducted and Held Open until the March 19, 2019, Regular City Council Meeting. (RCA Attached) C. Case No. CU-2018-31. (John Muller) An application for a Conditional Use Permit from §400.220(C)(1)(a) for an In-Vehicle Sales and Service (ATM) use within the C-2 General Business District, located at 1360 South 5th Street. The subject property is approximately 2.37 acres and is located in Ward 2. Item Tabled at the February 25, 2019 Planning & Zoning Commission Meeting; therefore, Item to be Held Open until the April 2, 2019, Regular City Council Meeting. (RCA Attached) D. Case No. CU-2019-02. (Michael Brugnara) An application for a Conditional Use Permit from §400.250(C)(3) 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 184 acres and is located in Ward 1. (RCA Attached)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ E. Case No. CU-2019-03. (Paul Childress) An application for a Conditional Use Permit from §400.220(C)(1)(c) for a recreational vehicle sales use within the C-2 General Business District located at 932 First Capitol Drive. The subject property is approximately 0.25 acres and is located in Ward 1. (RCA Attached) F. Case No. CU-2019-06. (Longtooth Hospitality, LLC) An application for a Conditional Use Permit from the Streets of St. Charles Regulatory Plan for a Liquor Selling Establishment within the PD-MU/T6 Planned Development Mixed-Use District/Urban Core Transect Zone at 1450 Beale Street. The subject property is approximately 1.0 acres and is located in Ward 3. (RCA Attached) G. Case No. CU-2019-07. (CCM Corp) An application for a Conditional Use Permit from §400.250(C)(1) for the expansion of an existing car wash within the I-2 Heavy Industrial District, specifically to approve a building addition at 3160 Elm Point Industrial Drive. The subject property is approximately 1.0 acres and is located in Ward 8. (RCA Attached) H. Case No. CU-2019-08. (Thomas M. Utley Sr.) An application for a Conditional Use Permit from §400.220(C)(1)(e) for a secondhand sales use within the C-2 General Business District, located at 1193 South Duchesne Drive. The subject property is approximately 0.35 acres in area and is located in Ward 9. (RCA Attached) I. Approval of Liquor License for Dana Bannister d/b/a Ruma’s Deli located at 1500 Elm Street (Ward 7) (RCA Attached) J. Approval of Liquor License for Bradley Merten d/b/a Narwhal’s Crafted located at 1450 Beale Street, Suite 125 (Ward 3) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Special Recognition (referred by Mayor Sally A. Faith) The Honorable Mayor Sally A. Faith reported Ernie Dempsey received an award from the MRA Chapter of Greater St. Louis for Excellence in Food Quality and presented a Key to the City to Ernie Dempsey. Mayor Faith thanked Mr. Dempsey for all of his years of service to the St. Charles community. Recognition of the Finance Department as Recipient of the Certificate of Achievement for Excellence in Financial Reporting for 2017 and Recipient of the Outstanding Achievement in Popular Annual Financial Reporting Award (referred by Mayor Sally A. Faith) The Honorable Mayor Sally A. Faith reported Director of Finance Gina Jarvis and Assistant Director of Finance Jennifer O’Conner were the recipients of the Certificate of Achievement for Excellence in Financial Reporting for 2017 and Recipient of the Outstanding Achievement in Popular Annual Financial Reporting Award and thanked the Finance Department for all their hard work.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ Appointments to Boards/Commissions/Committees A motion was made by DAVE BECKERING to approve the following appointment: Plaza at Noah’s Ark Community Improvement District Board of Directors Appointment of Chis West for a four year term ending May 2023 Appointment of Steve Gatton for a four year term ending May 2023 MARY WEST seconded the motion. A roll call vote was taken with the following results: “Aye”: Besselman, Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West and Beckering. “Nay”: None. Absent: None. Motion passed. File #48879 Written and/or Verbal Messages from Mayor Sally A. Faith The Honorable Mayor Sally A. Faith announced upcoming events “happening” in the City of Saint Charles. For more information on upcoming events, visit www.discoverstcharles.com. PUBLIC COMMENT Tanya Muhm, spoke in opposition to Council Bill 12787. A motion was made by MARY ANN OHMS to allow the speaker additional time to comment. TOM BESSELMAN seconded the motion. Motion passed. Tony Bethmann, 132 North Main, spoke in opposition to Council Bill 12787. RESOLUTIONS 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”: Haberstroh, Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on March 11, 2019 and is known as Resolution 19-014 BILLS FOR FINAL PASSAGE Bill 12753 (To Be Withdrawn) An Ordinance Amending Section 350.050 of the Code of Ordinances Pertaining to Municipal Parking Garage and Parking Lot Fees (Sponsors: Mary West, John Hanneke, Bart Haberstroh and Jerry Reese) Councilmember Mary West requested to withdraw Council Bill 12753. File #48897  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ Bill 12766 An Ordinance Amending Schedule III, Table III-A of Chapter 350 of the Code of Ordinances by Establishing a Parking Restriction Along the East Side on a Portion of Madonna Drive (Sponsors: Rod Herrmann, Bridget Ohmes, Vince Ratchford, Tom Besselman and Dave Beckering) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on March 11, 2019 and is known as Ordinance 19-055 Bill 12767 An Ordinance Authorizing Change Order Number 2 to the Contract with Gershenson Construction Company, Inc. for the First Capitol Drive Enhancements Project in an Amount of $9,765.15, for a Total Amount Not to Exceed $2,640,895.77 (Sponsors: Mary Ann Ohms and Rod Herrmann) Councilmember Tom Besselman requested a separate vote on Council Bill 12767. Passed “Aye”: Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Haberstroh and Hanneke “Nay”: None Absent: None Abstain: Besselman Approved by the Honorable Mayor on March 11, 2019 and is known as Ordinance 19-056 Bill 12768 An Ordinance Authorizing a First Renewal of the Contract with STF, LLC dba Traffic Control Company for the 2019 Citywide Street Striping Project in an Amount Not to Exceed $160,000.00 (Sponsor: John Hanneke) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on March 11, 2019 and is known as Ordinance 19-057 Bill 12769 An Ordinance Authorizing a Contract with Meyer Electric Company, Inc. for the Boschertown Road and Fox Hill Road Intersection Improvements in an Amount Not to Exceed $391,163.00 (Sponsors: Mary Ann Ohms and Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on March 11, 2019 and is known as Ordinance 19-058  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ Bill 12770 An Ordinance Approving a Petition to Establish the Suits U Mexico Community Improvement District Pursuant to Sections 67.1401-67.1571 of the Revised Statutes of Missouri, As Amended; Creating the Suits U Mexico 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: Jerry Reese) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on March 8, 2019 and is known as Ordinance 19-059 Bill 12771 An Ordinance Approving the Record Plat for The New Town at St. Charles Plat Ten-H, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Passed “Aye”: Hanneke, Herrmann, Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh and Herrmann “Nay”: None Absent: None Approved by the Honorable Mayor on March 11, 2019 and is known as Ordinance 19-060 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12772 An Ordinance Authorizing a CAN-AM Rider Education Program Service Agreement Between BRP US Inc. and the City of St. Charles, Missouri, Through its Parks and Recreation Board, to Provide Motorcycle Safety Classes in Conjunction with the State of Missouri Motorcycle Safety Foundation (Sponsor: Mary Ann Ohms) Bill 12773 An Ordinance Suspending the Prohibition Against Drinking Alcoholic Beverages in Public Places at the Location and During the Hours of Operation of the 2019 Events of City of Saint Charles MML Reception; Streets of Saint Charles Halloween Event and Streets of Saint Charles Tree Lighting and Holiday Market (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford and John Hanneke) Bill 12774 An Ordinance Authorizing Supplemental Agreement Number 3 to the Engineering Services Contract with Reitz & Jens, Inc. for the Boschert Creek Levee Study in the  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ Amount of $10,000.00 for a Not to Exceed Amount of $345,250.00 (Sponsors: Rod Herrmann and Bridget Ohmes) Bill 12775 An Ordinance Authorizing Acceptance of Public Improvements at Charlestowne Place Plats One, Two, Three and Six, and Authorizing Release of Security Related Thereto (Sponsor: Rod Herrmann) Bill 12776 An Ordinance Authorizing Change Order Number 6 to the Contract with Millstone Weber, LLC for the Harry S. Truman Road Reconstruction Project for a Reduction in an Amount of $7,544.13, for a Total Contract Amount Not to Exceed $5,558,884.11 (Sponsors: Jerry Reese and Rod Herrmann) Bill 12777 An Ordinance Repealing Ordinance No. 2015-046 and Enacting a New Ordinance Establishing Parking Restrictions Along the South Side of a Portion of Perry Street (Sponsors: Rod Herrmann, Bridget Ohmes, Vince Ratchford, Tom Besselman and Dave Beckering) Bill 12778 An Ordinance Authorizing a Congestion Mitigation and Air Quality Agreement with the Missouri Highways and Transportation Commission to Provide CMAQ Federal Funding for the Little Hills Expressway and Mel Wetter Parkway Roundabout Project (Sponsor: Mary Ann Ohms) Bill 12779 An Ordinance Authorizing the Vacation of a Portion of a Utility Easement Located at 141 Riggs Place (Sponsor: Rod Herrmann) Bill 12780 An Ordinance Authorizing the Vacation of a Drainage Easement and Three Sanitary Sewer Easements Located at 2659 South Old Highway 94 (Sponsor: John Hanneke) Bill 12781 An Ordinance Approving the Record Plat for The New Town at St. Charles Phase 10B Plat Two, a Subdivision of the City of Saint Charles, Missouri (Sponsor: Rod Herrmann) Bill 12782 An Ordinance Approving the Record Plat for Oakleigh Park, a Subdivision of the City of Saint Charles, Missouri (Sponsor: John Hanneke)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ Bill 12783 An Ordinance Authorizing a Contract with Martin General Contractors, LLC for the New Town Vacuum System Canister Replacement Project in an Amount Not to Exceed $189,300.00 (Sponsor: Rod Herrmann) Bill 12784 An Ordinance Authorizing a Contract with Navistar, Inc. for the Purchase of Two 2020 International Tandem-Axle Dump Trucks with Dump Bodies, Snow Plows and Salt Spreaders in an Amount Not to Exceed $349,817.50 (Sponsor: Rod Herrmann) Bill 12785 An Ordinance Amending Chapter 700 to Include State of Missouri Primacy Fees, Require a Backflow Device and to Re-number Three Code Sections (Sponsor: Rod Herrmann) Bill 12786 An Ordinance Authorizing a Fifth Amendment to a Planned Development Agreement by and among the City of St. Charles, Missouri, SM Properties UV, LLC, Successor in Interest to the DESCO Group, Inc., and Lindenwood Female College, dba Lindenwood University for University Commons (West Clay Extension Redevelopment Project) (Sponsor: John Hanneke) Bill 12787 An Ordinance Amending Section 350.050 of the Code of Ordinances Pertaining to Municipal Parking Garage and Parking Lot Fees (Sponsors: Mary West, John Hanneke, Bart Haberstroh and Jerry Reese) Councilmember Mary Ann Ohms voiced concerns with Council Bill 12787 and stated she could not support it. Councilmember Dave Beckering spoke in favor of Council Bill 12787. Councilmember Bart Haberstroh reported there are no special deals being cut for anyone regarding Council Bill 12787 as was mentioned during public comment. Mr. Haberstroh spoke in favor of Council Bill 12787. Council Vice President Mary West spoke in favor of Council Bill 12787. Councilmember Rod Herrmann spoke in favor of Council Bill 12787. Councilmember Tom Besselman voiced concerns with Council Bill 12787 and stated he won’t support it. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ CONSENT AGENDA A motion was made by TOM BESSELMAN to approve the Consent Agenda. DAVE BECKEDRING seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Ratchford, Reese, West, Beckering, Besselman, Haberstroh, Hanneke and Herrmann. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of February 19, 2019 2. Public Hearing of February 19, 2019 File #48898 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Street Committee Meeting of February 19, 2019 File #48899 b. Council Work Session (Closed Session) of February 19, 2019 File #48884 2. Approval of Council Committee Motions/Actions/Recommendations a. i. Motion to support the applications for the County Road Board TIP funding in the order of priority as submitted by staff ii. Motion to introduce legislation establishing a No Parking restriction along the east side of Madonna Drive from the northern curbline of W. Randolph Street to a point 550 feet north iii. Motion to reduce the No Parking restriction on Perry Street from 200 feet to 170 feet from the western curbline of South Sixth Street C. Receipts of Reports from Boards, Commissions or Committees 1. Greater Saint Charles Convention & Visitors Commission Meeting of December 10, 2018 File #48805 2. Senior Citizen Advisory Commission Meeting of January 8, 2019 File #48900 3. Veterans Commission Meeting of January 14, 2019 File #408901 4. Economic Development Commission Meeting of October 4, 2018 File #48798 5. Economic Development Commission Meeting of January 3, 2019 File #48902  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Madden Media for Digital Marketing Services for the Greater Saint Charles Convention & Visitors Bureau in an Amount Not to Exceed $48,181.15 C19-093 2. Contract with KMOV-TV for Television Advertising for the Greater St. Charles Convention & Visitors Bureau in an Amount Not to Exceed $50,000.00 C19-092 3. Contract with GGRK, Inc. dba Contemporary Landscape for City Wide Mowing Services in an Amount Not to Exceed $90,000.00 C19-096 4. Utility Agreement with Union Electric Company dba Ameren Missouri for Ameren Missouri for the Cole Creek Flood Reduction Project in an Amount Not to Exceed $35,813.82 C19-089 5. Contract with CDW Government LLC for Cradlepoint 5-in-1 Antennas and Cradlepoint NetCloud Essentials for Mobile Routers Subscriptions in an Amount Not to Exceed $44,400.00 C19-097 F. Preliminary Plats 1. Approval of Elm Point Commons Plat 4 File #48903 G. Miscellaneous 1. January 2019 Investment Report ITEMS REMOVED FROM THE CONSENT AGENDA None. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmembers recognized Boy Scout Walter Schuler from BSA Troop 918 Cottleville, Missouri, who was in attendance this evening to receive credit towards his Community Merit Badge. TABLED BILLS (none) APPROVAL OF CLOSED MINUTES (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI March 5, 2019 ______________________________________________________________________________ The Regular Council Meeting adjourned at 7:54 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk John Hanneke, Presiding Officer