City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, May 21, 2019, at 7:10 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with President of the Council Mary West, presiding, the Honorable Mayor Daniel J. Borgmeyer and Members of the Council present as follows: Tom Besselman, Michael Flandermeyer, Bart Haberstroh, John Hanneke, Bridget Ohmes, Mary Ann Ohms and David Seitzer. Absent: Vince Ratchford and Jerry Reese. Councilmember Vince Ratchford arrived to the meeting as reported in the record of the Public Hearing Minutes. File #_____). City Clerk Laura Whitehead was present and performed the duties of that office. File #48881 The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. A motion was made by MARY ANN OHMS to excuse the absence of Councilmember Jerry Reese. TOM BESSELMAN seconded the motion. All voted in favor, motion passed. (this action took place during the report of the Mayor). PUBLIC HEARING The 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. LL-2019-13 Approval of Liquor License Application for Steven McBride d/b/a Chickens Catering, LLC located at 142 North Main Street (Ward 1) (RCA Attached) B. Case No. LL-2019-15 Approval of Liquor License Application for Gregory Upchurch d/b/a Grand Opera House Banquet located at 311 North Main Street (Ward 1) (RCA Attached) C. Case No. LL-2019-16 Approval of Liquor License Application for Justin Lafser d/b/a The Red Sun located at 323 North Main Street (Ward 1) (RCA Attached) D. Case No. LL-2019-17 Approval of Liquor License Application for Mark Lovelace d/b/a Kubrick’s located at 218 North Main Street (Ward 1) (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Verbal Update Regarding Purple Heart Parking Spaces (referred by Councilmember Jerry Reese) This item was referred to the June 4, 2019 Regular City Council Meeting. A motion was made by MARY ANN OHMS to excuse the absence of Councilmember Jerry Reese. TOM BESSELMAN seconded the motion. All voted in favor, motion passed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Verbal Update Regarding Various Road Projects (referred by Administration/Engineering) City Engineer Brad Temme provided a brief update on the following projects: Concordia Culvert, Convention Center Boulevard, Cole Creek Stabilization/Zumbehl, Cole Creek Flood Reduction, South Main Street Sidewalks, and Boschertown/Foxhill Signal. Councilmember Vince Ratchford thanked City Engineer Brad Temme and Assistant City Engineer Nick Galla for contacting a resident and addressing the issue so quickly. Budget Amendment No. 6 (Council Bill 12834) Director of Administration Larry Dobrosky announced Budget Amendment No. 6 is being introduced tonight as Council Bill 12834. There were no questions from the Members of Council regarding the proposed budget amendment. Written and/or Verbal Messages from Mayor Daniel J. Borgmeyer The Honorable Mayor Daniel J. Borgmeyer announced during the Planning & Zoning Commission last evening there was discussion regarding several projects in Frenchtown and future discussions regarding this will be held with the City Councilmembers. Topic of discussion will include diversity within the area. Mayor Borgmeyer further reported he will be establishing a Frenchtown Redevelopment Task Force with the goal of a start and end date. The proposed zoning changes will come to the City Councilmembers to restrict certain uses in the area. Mayor Borgmeyer also reported there will be future discussions with the Members of Council regarding Bangert Island, the ACF Property and Main Street. Council President Mary West stated she supports the proposed Task Force. Councilmember Bridget Ohmes inquired if Ward 1 Councilmember Mary Ann Ohms who represents the Frenchtown area will be appointed to the Task Force. Councilmember Ohms replied yes. PUBLIC COMMENT There were no public comments. RESOLUTIONS A Resolution of Support for a Funding Application for the US Department of Transportation’s BUILD Discretionary Grant Program and to Apply for County, State and Federal Grants for the Bangert Island Riverfront Transformation Project (Sponsors: Vince Ratchford, Bridget Ohmes, and Tom Besselman) Passed “Aye”: Ohms, Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Resolution 19-024  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ A Resolution Declaring Eight Remington Model 870 12 Gauge Police Shotguns as Surplus Property and Authorizing Donation of Shotguns to the St. Charles County Sheriff's Department (Sponsors: Jerry Reese and Mary West) Passed “Aye”: Ohms, Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke and Ohmes “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Resolution 19-025 BILLS FOR FINAL PASSAGE Bill 12820 An Ordinance Authorizing a Student Clinical Site Affiliation Agreement Between the City of St. Charles, through its Fire Department, and St. Charles School District, Adult and Community Education for the Purpose of Implementing a Program to Provide Clinical Experience and Training in Emergency Medical Services (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-108 Bill 12821 An Ordinance Authorizing Filing a Grant Application with the U.S. Department of Justice, Office of Justice Programs, for the Bulletproof Vest Partnership Grant; and to Perform All Acts Necessary to Accept and Receive the Grant (Sponsor: Mary West) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Ordinance 19-109 Bill 12822 (Supplemental RCA Attached) An Ordinance Amending the Code of Ordinances by Enacting a New Chapter to be known as Chapter 675 Pertaining to Medical Marijuana (Sponsors: John Hanneke, Mary West and Vince Ratchford) Councilmember Vince Ratchford inquired how will we fix this if it becomes a problem. Director of Community Development Bruce Evans reported this can be tweaked to lessen the buffer and tweaked for different land uses; however, it might not need to be. Mr. Evans recommended passing the bill and going back and tweaking it, if needed.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Ordinance 19-110 Bill 12823 An Ordinance Authorizing an Engineering Services Contract with Woodard & Curran, Inc. for the Sanitary Trunk Main Survey and Long Term Replacement Program in an Amount Not to Exceed $299,999.00 (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Ordinance 19-111 Bill 12824 An Ordinance Authorizing an Engineering Services Contract with Black and Veatch for the Water Long Range Plan in an Amount Not to Exceed $157,894.00 (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Ordinance 19-112 Bill 12825 An Ordinance Authorizing an Engineering Services Contract with Crawford, Murphy & Tilly, Inc. for the Trunk Main Replacement – Skinner Industrial Drive Project in an Amount Not to Exceed $115,000.00 (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 22, 2019 and is known as Ordinance 19-113 Bill 12826 An Ordinance Authorizing a Funding Agreement Between East-West Gateway Council of Governments and the City of St. Charles to Receive Funding for the FY 2020 Great Streets – Frenchtown Project (Sponsors: Mary Ann Ohms and Bridget Ohmes) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-114 Bill 12827 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 Gordon W. and Shirley A. Cherry Approximately 1.04 Acres of Land With an Address of 900 Hemsath Road (Sponsor: Mary West) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-115 Bill 12828 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from County Zoning District R-1E (Single-Family Residential District) Approximately 1.04 Acres of Land with an Address of 900 Hemsath Road (Sponsor: Mary West) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-116 Bill 12829 An Ordinance Authorizing the Vacation of Utility Easements Within the Vacated Portion of Old Friedens Road, Located Upon Lot E of the Montclair Subdivision (Sponsor: Vince Ratchford) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-117 Bill 12830 An Ordinance Amending Sections 400.050 and 400.230 the Code of Ordinances Relating to Medical Marijuana Facilities (Sponsors: John Hanneke, Vince Ratchford and Mary West) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-118 Bill 12831 An Ordinance Amending Section 210.100 of the Code of Ordinances by Increasing the Fee Structure for Animal Adoptions (Sponsors: Jerry Reese and Mary West) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-119 Bill 12832 An Ordinance Amending Ordinance Number 18-261 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2019 (Budget Amendment #5) (Sponsor: John Hanneke) Passed “Aye”: Ratchford, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms “Nay”: None Absent: Reese Approved by the Honorable Mayor on May 23, 2019 and is known as Ordinance 19-120 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12833 An Ordinance Amending Section 205.090 of the Code of Ordinances by Amending the Transportation Fees and Mileage Charges for Life Support Vehicle (Ambulance) Transportation (Sponsor: John Hanneke) Bill 12834 An Ordinance Amending Ordinance Number 18-261 by Amending Certain Revenue, Expenditure, and Fund Balance Accounts for the Budget for the Fiscal Year 2019 (Budget Amendment #6) (Sponsor: Mary West) Bill 12835 An Ordinance Amending Sections 505.160 and 505.170 Regarding Obstructing Streets and Signage (Sponsors: Bridget Ohmes, Tom Besselman and Vince Ratchford) Bill 12836 An Ordinance Authorizing Removal of Five Stop Signs within the Charlestowne Place Subdivision along Charlestowne Place Drive and Palisades Drive (Sponsors: David Seitzer, Bridget Ohmes, Tom Besselman and Vince Ratchford)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Bill 12837 An Ordinance Authorizing Amendment No. 18 to the Contract with Lewis Rice, LLC to Provide Legal Services Related to Employment Law Matters in an Amount of $25,000, for a Total Contract Amount Not to Exceed $185,000 (Sponsor: Mary West) Bill 12838 An Ordinance Authorizing Supplemental Agreement Number 3 to the Engineering Services Contract with Reitz & Jens, Inc. for the Cole Creek Stabilization 178 Huntington Downs Project in the Amount of $24,071.00, for a Total Contract Amount Not to Exceed $160,311.00 (Sponsor: Bridget Ohmes) Bill 12839 An Ordinance Authorizing an Appropriation of $615,310.29 to the Cost Apportionment Agreement by and between the Missouri Highways and Transportation Commission, St. Charles County and the City of St. Charles for the Construction of the I-70 and Fifth Street Interchange Project with the City’s Cost Share to Increase from $4,361,300.01 to a Not to Exceed Amount of $4,976,610.30 (Sponsor: Mary West) Bill 12840 An Ordinance Authorizing a Cooperative Cost Sharing Agreement Between the City of St. Charles and Central County Fire and Rescue for Concrete Trail Construction Near Central County Fire Station #5, Along Harry S. Truman Boulevard, in an Amount Not to Exceed $8,355.50 (Sponsor: Jerry Reese) Bill 12841 An Ordinance Authorizing an Engineering Services Contract with Intuition & Logic, Inc. to Provide Engineering Services for the Boschert Creek and Crystal Springs Creek Bank Stabilization Projects in an Amount Not to Exceed $457,812.00 (Sponsors: Vince Ratchford, Michael Flandermeyer and David Seitzer) Bill 12842 An Ordinance Authorizing an Engineering Services Contract with Horner & Shifrin, Inc. for the Little Hills Expressway and Mel Wetter Roundabout Project in an Amount Not to Exceed $388,319.93 (Sponsor: Mary Ann Ohms) Bill 12843 An Ordinance Amending Section 220.122 of the Code of Ordinances Pertaining to Chronic Nuisance Properties to Make Technical Amendments to Comport with Missouri Law (Sponsor: Mary West) Bill 12844 An Ordinance Authorizing an Advanced Life Support Vehicle Facility Lease Agreement Between Faith Baptist Church of St. Charles and the City of St. Charles to Establish an  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ Emergency Medical Service Facility on the Property Located at 2310 Muegge Road for a Three Year Period (Sponsor: John Hanneke) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Announcement of Line of Succession (City Clerk) A motion was made by VINCE RATCHFORD to receive the Council Line of Succession. BART HABERSTROH seconded the motion. All voted in favor. Motion passed. File #48924 CONSENT AGENDA A motion was made by MARY ANN OHMS to approve the Consent Agenda. TOM BESSELMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Reese. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of May 7, 2019 2. Public Hearing of May 7, 2019 File #48924 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes (none) 2. Approval of Council Committee Motions/Actions/Recommendations (none) C. Receipts of Reports from Boards, Commissions or Committees 1. Arts and Culture Commission Meeting of February 27, 2019 File #48925 2. Digital Media Commission Meeting of March 13, 2019 File #48915 3. Board of Public Works Meeting of March 25, 2019 File #48906 4. Special Business District Advisory Board Meeting of April 4, 2019 File #48894 5. Citizens with Disabilities Advisory Board Meeting of February 27, 2019 File #48905 D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – April 2019 E. Approval of Contracts and Easements from $30,001 - $99,999  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ 1. Contract with Fat Dog Creative, LLC for Graphic Design Services in an Amount not to exceed $70,200.00 C19-207 2. Contract with Gulf States Distributors, Inc. for Ammunition for the City’s Police Department in an Amount not to exceed $73,828.00 C19-201 3. Contract with Cardenas, LLC for the South Main Street Brick Sidewalk Expansion Project 2019 in an Amount not to exceed $43,500.00 C19-202 F. Preliminary Plats (none) G. Miscellaneous 1. Receipt of West Clay Extension Community Improvement District Annual Report for 2018 File #48910 2. Report of the Court Administrator of Monies Collected and Deposited for the Month of April 2019 3. April 2019 Investment Report ITEMS REMOVED FROM THE CONSENT AGENDA None. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS There were no council announcements. APPROVAL OF CLOSED MINUTES A motion was made by TOM BESSELMAN to approve the following closed session minutes: A. Council Work Session of April 16, 2019 JOHN HANNEKE seconded the motion. A roll call vote was taken with the following results: “Aye”: Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Reese. Motion passed. The Regular Council Meeting adjourned at 7:43 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI May 21, 2019 ______________________________________________________________________________ ________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer