City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, July 2, 2019, at 7:11 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, and 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, Vince Ratchford, Jerry Reese and David Seitzer. Absent: None. 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. 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. CU-2019-14. (Cliff Heitmann – Bax Engineering) An application for a Conditional Use Permit from §400.230(C)(1)(a) for a Dog Beauty Parlor/Grooming use within the C-3 Highway Business District, located at 3550 West Clay Street. The subject property is approximately 5.95 acres and is located in Ward 6. (RCA Attached) B. Case No. CU-2019-16. (Raymond E. Hummel Jr.) An application for a Conditional Use Permit from §400.270(C) (2) for a two-family residential use within the CBD Central Business District, located at 708 First Capitol Drive. The subject property is approximately 7500 square feet in area and is located in Ward 1. (RCA Attached) C. Case No. TA-2019-05. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.420 Bed and Breakfast Establishments. This amendment would revise regulations for bed and breakfast uses operating within non-residential zoning districts. (To be Withdrawn - RCA Attached) D. Case No. TA-2019-06. (City Council of the City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by establishing §400.615 Facilities Permits. This amendment would require permits and adopt standards for the placement of utility facilities upon private property. (Council Bill 12864) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment No. 7 (Council Bill 12856) Director of Administration Larry Dobrosky announced Budget Amendment No. 7 is being introduced this evening. Should anyone have questions, the Finance Department is available to answer. There were no inquires.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ Written and/or Verbal Messages from Mayor Daniel J. Borgmeyer The Honorable Mayor Daniel J. Borgmeyer provided updates on the following: Mosquito video, lighting on Main Street, ACF development/proposals, museum sites, Frenchtown Redevelopment Task Force visit to Waterloo, Illinois, log home relocation, Farmers Market, “Outside my Window” project and River Point Project. Mayor Borgmeyer reported he was interviewed by the Washington Post and announced Director of Economic Development David Leezer, Director of Convention and Visitors Bureau Joe Ward and Director of Information Technology have all recently resigned and wished them all the best in their future endeavors. PUBLIC COMMENT Penny Pitman, 105 North Main Street, voiced concerns regarding Council Bill 12865. Randy Shilling, 119 South Main Street, voiced concerns regarding Council Bill 12865. Keith Lester, 201 South Main Street, voiced concerns regarding Council Bill 12865. RESOLUTIONS A Resolution of the City of St. Charles, Missouri Authorizing the Mayor to Execute a First Amendment to the Memorandum of Understanding Among the City of St. Charles, Missouri, Orchard Farm School District, and Fountain Lakes Land Holding, LLC Regarding Chapter 100 of the Revised Statutes of Missouri Tax Abatement in the Fountain Lakes Commerce Center (Sponsor: Mary West) Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Resolution R19-028 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”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Resolution R19-029 A Resolution Authorizing Submittal of Loan Applications to the Missouri Transportation Finance Corporation for the Boschertown Road Phase 2, Muegge Road Interchange, and Little Hills/Mel Wetter Roundabout Projects (Sponsors: Mary Ann Ohms, Mary West, John Hanneke and David Seitzer)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Hanneke “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Resolution R19-030 BILLS FOR FINAL PASSAGE Bill 12848 (Supplemental RCA Attached) An Ordinance Rezoning to Zoning District PD-I, Planned Development Industrial District, From Zoning District C-1, Neighborhood Business District, Approximately 1.719 Acres of Land Located Near the Intersection of Little Hills Expressway and Boschertown Road; Approving an Amended Preliminary Development Plan of Patriot Machine Expansion in Connection Therewith; Authorizing Execution of a Development Agreement; Authorizing the Termination of a Previous Development Agreement; and Declaring a Previous Preliminary Development Plan Null and Void (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Hanneke, Haberstroh and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Ordinance 19-136 Bill 12849 An Ordinance Authorizing a Contract with Pundmann Ford, Inc., for the Purchase of One 2020 Model Year Ford Explorer XLT; Two 2019 Model Year Ford F-250 4x2 Extended Cab Pickup Trucks; and Two 2019 Model Year Ford F-350 4x4 Extended Cab Pickup Trucks with Snow Plow and Spreader in an Amount Not to Exceed $202,978.00 (Sponsor: Mary West) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Hanneke, Haberstroh and Ohmes “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Ordinance 19-137 Bill 12850 An Ordinance Rezoning to Zoning District R-1D (Single-Family Residential District) from Zoning District I-1 (Light Industrial District) Approximately 5.98 Acres of Land Located Northeast of the Intersection of Ehlmann Road and Shady Springs Lane (Sponsor: Jerry Reese) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Hanneke, Haberstroh and Ohmes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ “Nay”: None Absent: None Approved by the Honorable Mayor on July 8, 2019 and is known as Ordinance 19-138 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12851 An Ordinance Authorizing a Program Order to the Agreement Between the City of St. Charles and the Missouri Highways and Transportation Commission to Participate in the Missouri Department of Transportation (MoDOT) Work Zone Enforcement Program By Increasing Expense Reimbursement Eligibility to $55,000.00 for the Period of July 1, 2019 Through December 31, 2020 (Sponsors: Jerry Reese and Mary West) Bill 12852 An Ordinance Authorizing Acceptance of Public Improvements at Charlestowne Crossing Plat Five, and Authorizing Release of Security Related Thereto (Sponsors: David Seitzer and Bart Haberstroh) Bill 12853 An Ordinance Authorizing an Engineering Services Contract with Horner & Shifrin, Inc. for the Perry Street Storm Sewers Project in an Amount Not to Exceed $378,499.00 (Sponsors: Tom Besselman and Bart Haberstroh) Bill 12854 An Ordinance Authorizing Supplemental Agreement Number 3 to the Engineering Services Contract with Horner & Shifrin, Inc. for the Benton Avenue to North Main Storm Sewer Improvements Project in an Amount of $14,833.00, for a Total Amount Not to Exceed $458,334.00 (Sponsors: Mary Ann Ohms and Bart Haberstroh) Bill 12855 An Ordinance Authorizing an Engineering Services Contract with Thouvenot, Wade & Moerchen, Inc. to Provide Design Services for the Clark Street Storm Sewer Improvements Project in an Amount Not to Exceed $324,195.00 (Sponsors: Mary Ann Ohms and Bart Haberstroh) Bill 12856 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 #7) (Sponsor: Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ Bill 12857 An Ordinance Authorizing a Congestion Mitigation and Air Quality Agreement with the Missouri Highways and Transportation Commission to Provide Congestion Mitigation and Air Quality Federal Funding for the SCAT Bus Replacement Project (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Michael Flandermeyer, David Seitzer, Bart Haberstroh and Bridget Ohmes) Bill 12858 An Ordinance Authorizing a STP-Urban Program Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program (STP) Funds for the Zumbehl Road Culvert Replacement Project (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Michael Flandermeyer, David Seitzer, Bart Haberstroh and Bridget Ohmes) Bill 12859 An Ordinance Repealing a Portion of Section 6 of Ordinance 19-036 Pertaining to the Suspension of the Prohibition Against Drinking Alcoholic Beverages on Public Streets to Re-schedule a Rained Out Event and to Add a New Event (Sponsors: Vince Ratchford and John Hanneke) Bill 12860 An Ordinance Approving the Record Plat for Fountain Lakes Commerce Center Plat Nine Resubdivision of Lot 4B, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Bill 12861 An Ordinance Approving the Record Plat for Fountain Lakes Commerce Center Plat Nine Resubdivision of Adjusted Lot 1, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Bill 12862 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) Bill 12863 An Ordinance Authorizing the Vacation of an 880 Square Foot Permanent Drainage Easement Located Upon Lot E of the Montclair Subdivision (Sponsor: Vince Ratchford) Bill 12864 An Ordinance Amending Chapter 400 by adding a New Section to be Known as Section 400.615 Pertaining to Utility Facilities Permits and Regulations (Sponsor: Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ Councilmember Tom Besselman requested his name be added as sponsor on Council Bill 12864. Bill 12865 An Ordinance Amending Code Of Ordinances Sections 600.010, 600.180, 600.260 And 600.280 Pertaining to Liquor Control by Revising the Historic Downtown District Restaurant Bar Annual Food Sales Requirement; Revising the Membership of the Liquor Commission; Establishing a Liquor License Appeal Board; Providing for the Expiration of Points Assessed after 12 Months; Revises the Point Assessment Value for Certain Conduct; Re-Establishes 212 N. Main St. as a Bar Only Premises; and makes Technical Amendments (Sponsors: Mary Ann Ohms and Mary West) Councilmember Jerry Reese requested his name be added as sponsor on Council Bill 12865. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Discussion Relative to Rescheduling the September 10, 2019 City Council Work Session due to the Annual Missouri Municipal League Conference being held on September 8 – 11, 2019 (referred by Council President Mary West and City Clerk Laura Whitehead) A motion was made by JOHN HANNEKE to reschedule the September 10, 2019 Council Work Session to be held on Tuesday, September 24, 2019. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes and Ohms. “Nay”: None. Absent: None. Motion passed. File #48933 Councilmember Bridget Ohmes reported the September 2019 Street Committee Meeting will also be held on Tuesday, September 24, 2019. CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. TOM BESSELMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of June 18, 2019 2. Public Hearing of June 18, 2019 File #48934 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of June 18, 2019 File #48884 2. Approval of Council Committee Motions/Actions/Recommendations  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ a. Council Work Session (Closed) of June 18, 2019 (none) C. Receipts of Reports from Boards, Commissions or Committees 1. Special Business District Advisory Board Meeting of May 2, 2019 File #48894 2. Economic Development Commission Meeting of April 4, 2019 File #48902 3. Liquor License Revocation Administrative Appeal Hearing of January 16, 2019 File #48909 4. Board of Public Works Meeting of April 22, 2019 File #48906 5. Human Relations Commission Meeting of May 16, 2019 File #48919 6. Landmarks Board Meeting of May 13, 2019 File #48896 7. Veterans Commission Meeting of May 13, 2019 File #48901 8. Senior Citizens Advisory Commission Meeting of May 14, 2019 File #48900 9. Housing Authority Commission Meeting of April 16, 2019 File #48907 10. Audit Committee Meeting of March 12, 2019 File #48935 11. Park & Recreation Board Work Session of June 5, 2019 File #48917 12. Park & Recreation Board Meeting of May 15, 2019 File #48917 13. Liquor Commission Meeting of April 4, 2019 File #48909 14. Planning and Zoning Commission Meeting of May 20, 2019 File #48908 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Corrective Asphalt Materials, LLC for 2019 Asphalt Rejuvenator Project in an Amount not to exceed $38,130.00 C19-248 2. Contract with A. Eilers Construction for Garage Renovations for Fire Department, with Alternate 2, in an Amount not to exceed $48,683.00 C19-249  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administrator of Monies Collected and Deposited for the Month of May 2019 2. Approval of Agreement with Anthem Blue Cross Blue Shield to Participate as a Ground Ancillary Provider for Ambulance Billing C19-247 ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese thanked the City Councilmembers for supporting him during the past 8 weeks. Councilmember Tom Besselman requested Administration provide the Councilmembers an update on the parking garage and inquired regarding the two year waiting list. Director Dobrosky stated a report will be sent to the Councilmembers. Councilmember Michael Flandermeyer announced the Councilmembers were invited to tour the Patriot Machine facility this past Friday and he was impressed with the facility and the skilled workers. Mr. Flandermeyer further reported he appreciates their skill level and that they dedicate their business to be located in the City of Saint Charles area. Councilmember Mary Ann Ohms requested an update on the Fourth of July parade route. Council Vice President Bridget Ohmes invited everyone to attend the July 30 St. Charles County Municipal League Meeting. Meeting starts at 6pm and will be hosted by the City of St. Peters at their City Hall. Mayor Dan Borgmeyer stated he is encouraging everyone to attend the Annual Missouri Municipal League Conference this September. The City of Saint Charles is hosting this year’s conference. TABLED BILLS (none) APPROVAL OF CLOSED MINUTES A motion was made by TOM BESSELMAN to approve the following closed session minutes: A. Council Work Session of June 11, 2019  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI July 2, 2019 ______________________________________________________________________________ BRIDGET OHMES seconded the motion. A roll call vote was taken with following results: “Aye”: Seitzer, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohmes, Ohms, Ratchford and Reese. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting adjourned at 7:55 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer