City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, August 6, 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 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, Mary Ann Ohms, Vince Ratchford and Jerry Reese. Absent: Bridget Ohmes and David Seitzer. 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 VINCE RATCHFORD to excuse the absence of Councilmember Bridget Ohmes and Councilmember David Seitzer. BART HABERSTROH seconded the motion. All voted in favor, motion passed. 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. Z-2019-10 (Gerald W. & Mary Jane Schulz Beasley) An application to rezone an approximately 5,000 square foot tract of land, known as 803 Madison Street, from C-2 General Business District within the EHP Extended Historic Preservation District to R-2 Two Family Residential District within the EHP Extended Historic Preservation District. The subject property is located in Ward 1. (Council Bill 12882) B. Case No. Z-2019-11 (Sheri Steffens – Imperial Catering Company, Inc.) An application to rezone an approximately 5.01 acre tract of land, known as 1410 South 5th Street, from C-2 General Business District to PD-MU Planned District – Mixed Use District for a proposed new mixed use development. The subject property is located in Ward 2. Note: This item was tabled at the August 26, 2019 Planning & Zoning Meeting. Therefore, this item is to be tabled until the September 3, 2019 Regular City Council Meeting (RCA Attached) C. Case No. Z-2019-12 (Chad & Elizabeth Szuba) An application to rezone approximately 25,157 square foot of an approximately 1.38 tract of land known as 730 Friedens Road Street to accommodate an existing single-family residence, from C-2 General Business District to R-1E Single-Family Residential District. The subject property is located in Ward 3. (Council Bill 12883) D. Case No. CU-2019-17 (Michael McGuire – St. Louis Comedy LLC) An application for a Conditional Use Permit from §400.200(C)(1)(a) for an auditorium use within the HCD Historic Commercial District and within the SMPD South Main Preservation District, located at 524 South Main Street. The  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ subject property is approximately 13,860 square feet in area and is located in Ward 2. (RCA Attached) E. Case No. TA-2019-07 (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions, §400.210 “C-1” Neighborhood Business District, and §400.420 Bed and Breakfast Establishments. This amendment would revise regulations for bed and breakfast uses operating within non-residential zoning districts. Note: This item was tabled at the August 26, 2019 Planning & Zoning Meeting. Therefore, this item is to be tabled until the September 3, 2019 Regular City Council Meeting (RCA Attached) REPORT OF THE MAYOR/AWARDS/PROCLAMATIONS/PRESENTATIONS Budget Amendment No. 8 (Council Bill 12885) Director of Administration Larry Dobrosky announced Budget Amendment No. 8 is being introduced this evening. If anyone should have any questions regarding this council bill, please contact Director of Finance Gina Jarvis. Written and/or Verbal Messages from Mayor Daniel J. Borgmeyer The Honorable Mayor Daniel J. Borgmeyer provided brief update on the following items: Community Development’s new Buddy System, ACF Development Project, Riverpoint Project, Riverboat Museum, Lewis & Clark Boathouse, John Frank home on West Clay, Frenchtown Redevelopment Task Force meetings, Farmers Market, a manufacturing incubator, and review of the boards, commissions and committees minutes. PUBLIC COMMENT Joe Glosier, 5 Idlewood Court, St. Peters, Missouri, representing Deerfield Village, thanked the Mayor and Members of Council, community and city staff for all the assistance provided to the residents of Deerfield Village during the flooding this summer. Mr. Glosier thanked the following city staff members: John Reeves, Public Works; Kelly Hansel, Fire Department; Daryl Hampel, Public Works; John Russell, Public Works; Fire Chief George Sheets; and Deputy Fire Chief Mike Gryzb. Tom Dixon, PO Box 305, Arnold, Missouri, representing Meramec Specialty Company, voiced concerns regarding Council Bill 12878. Mark Loyd, PO Box 305, Arnold, Missouri, reported on the topic of fireworks being a safe industry. 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ Passed “Aye”: Ratchford, Reese, West, Besselman, Flandermeyer, Haberstroh, Hanneke and Ohms “Nay”: None Absent: Ohmes and Seitzer Approved by the Honorable Mayor on August 13, 2019 and is known as Resolution R19-032 BILLS FOR FINAL PASSAGE Bill 12866 (To be Withdrawn) An Ordinance Amending Section 350.430 of the Code of Ordinances Pertaining to Parking Violation Fines (Sponsor: Mary Ann Ohms) A motion was made by MARY ANN OHMS to withdraw Council Bill 12866. VINCE RATCHFORD seconded the motion. All voted in favor, motion passed. File #48944 Bill 12867 An Ordinance Amending Section 135.210 of the Code of Ordinances Pertaining to Court Costs (Sponsor: Mary Ann Ohms) A motion by MARY ANN OHMS to amend Section 3 of Council Bill 12867 by deleting September 1, 2019 and inserting January 1, 2020. TOM BESSELMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese, West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms and Ratchford. “Nay”: None. Absent: Seitzer and Ohmes. Motion passed. City Clerk Laura Whitehead announced Council Bill 12867 will lay over until August 20, 2019 for a vote. Bill 12868 An Ordinance Authorizing a Contract with Madden Media, LLC for Providing Digital Marketing Services for the Greater St. Charles Convention and Visitors Bureau for Fiscal Year 2020 in an Amount Not to Exceed $100,000.00 (Sponsor: John Hanneke) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-153 Bill 12869 An Ordinance Approving the Record Plat for Charlestowne Place Plat Four, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-154 Bill 12870 An Ordinance Approving the Record Plat for Charlestowne Place Plat Five, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-155 Bill 12871 An Ordinance Approving the Record Plat for Charlestowne Place Plat Seven, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-156 Bill 12872 An Ordinance Authorizing a STP-Urban Program Agreement with the Missouri Highways and Transportation Commission to Receive Surface Transportation Program Federal Funds for the Boschertown Road Phase 2 Project (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Michael Flandermeyer, David Seitzer, Bart Haberstroh and Bridget Ohmes) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-157 Bill 12873 An Ordinance Authorizing a Grant Agreement Between the Missouri Office of Secretary of State and the City of St. Charles to Receive Grant Funds in the Amount of $10,000 to Implement a Local Records Preservation Project (Sponsor: Mary West) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-158  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ Bill 12874 An Ordinance Authorizing an Enhanced Mobility of Seniors and Individuals with Disabilities Capital and Operating Assistance Grant Agreement with the Missouri Highways and Transportation Commission to Receive Section 5310 Federal Funds to Replace One St. Charles Area Transit Bus (Sponsors: Mary Ann Ohms, Tom Besselman, Vince Ratchford, Mary West, John Hanneke, Jerry Reese, Michael Flandermeyer, David Seitzer, Bart Haberstroh and Bridget Ohmes) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-159 Bill 12875 An Ordinance Authorizing an Intergovernmental Agreement Between the City of St. Charles and the REJIS Commission for the Purchase of and Maintenance for a Municipal Prosecution Case Management System in an Amount Not to Exceed $3,862.50 (Sponsor: Mary West) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-160 Bill 12876 An Ordinance Approving an Organized Crime Drug Enforcement Task Forces FY 2019 Agreement Between the Organized Crime Drug Enforcement Task Forces Program, Sponsored by the Drug Enforcement Administration, and the City of St. Charles, Missouri for Participation in a Task Force Strategic Initiative Program for the Period of July 1, 2019 Through September 30, 2019 and Authorizing the Mayor to Execute the Agreements (Sponsors: Jerry Reese and Mary West) Passed “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford and Reese “Nay”: None Absent: Seitzer and Ohmes Approved by the Honorable Mayor on August 13, 2019 and is known as Ordinance 19-161 Bill 12877 (To be Held) An Ordinance Repealing a Portion of Ordinance No. 2017-297 and Enacting a New Ordinance to Adopt Positions, Pay Grades, Salary Ranges, and Other Compensation for Employees; and Providing for an Effective Date (Sponsor: Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ Council President Mary West requested Council Bill 12877 be held and placed on the August 13, 2019 Council Work Session agenda for discussion. BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12878 An Ordinance Amending Section 215.1100 of the Code of Ordinances Pertaining to Fireworks Stands Permit Fees (Sponsors: Mary West and John Hanneke) Bill 12879 An Ordinance Authorizing a Contract with Heggemann, Inc. for the Phase 1 Lime Slurry Improvements at the Elm Point Water Treatment Plant in an Amount Not to Exceed $223,523.00 (Sponsor: Bart Haberstroh) Bill 12880 An Ordinance Finding and Declaring the Acquisition of Certain Land and Real Property Interests for the Benton Avenue to North Main Storm Sewer Improvements Project is Necessary for Municipal Purposes and Authorizing Acquisition of Said Land and Real Property Interests (Sponsors: Mary Ann Ohms and Bart Haberstroh) Bill 12881 An Ordinance Authorizing Change Order Number 1 to the Contract with KCI Construction, Inc. for the Cole Creek at Zumbehl Bank Stabilization Project in an Amount of $193,427.88, for a Total Amount Not to Exceed $1,374,177.88 (Sponsors: Jerry Reese and Bart Haberstroh) Bill 12882 An Ordinance Rezoning to City Zoning District R-2 (Two-Family Residential District) within the EHP (Extended Historic Preservation District) from City Zoning District C-2 (General Business District) within the EHP (Extended Historic Preservation District) an Approximate 5,000 Square Foot Tract of Land with an Address of 803 Madison Street (Sponsor: Mary Ann Ohms) Bill 12883 An Ordinance Rezoning to City Zoning District R-1E (Single-Family Residential District) from City Zoning District C-2 (General Business District) Approximately 25,157 Square Feet of an Approximate 1.38 Acre Tract of Land with an Address of 730 Friedens Road (Sponsor: Vince Ratchford)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ Bill 12884 An Ordinance Amending Section 230.100 of the Code of Ordinances Pertaining to Noise Control Enforcement (Sponsor: John Hanneke) Bill 12885 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 #8) (Sponsor: Mary West) Bill 12886 An Ordinance Imposing a Local Use Tax for Public Safety at the Rate of Two (2%) for the Privilege of Storing, Using or Consuming Within the City of Saint Charles, Missouri, any Article of Tangible Personal Property Pursuant to the Authority Granted By and Subject to the Provisions of Sections 144.600 through 144.761 of the Revised Statutes of Missouri, as Amended; Providing for the Local Use Tax to be Reduced or Raised in the Same Amount as Any Local Sales Tax is Repealed, Reduced or Raised; and Providing for Submission of the Proposal to the Qualified Voters of the City for their Approval at the Election Called and to be Held in the City on Tuesday, November 5, 2019 (Sponsors: Mary West and Bart Haberstroh) Bill 12887 An Ordinance Repealing Ordinance Number 06-24 Pertaining to Providing Compensation to an Employee Temporarily Assigned to a Position above the Employee’s Current Position (Sponsor: John Hanneke) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA Council President Mary West requested Consent Agenda item 10.F.2. Request for Extension of Preliminary Plat Approval for SUB-2017-04 Kunze Resubdivision of Lots 1, 2 and 3 be removed from the Consent Agenda for a separate vote. A motion was made by TOM BESSELMAN to approve the balance of the Consent Agenda. JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: West, Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms and Ratchford. “Nay”: None. Absent: Ohmes and Seitzer. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of July 16, 2019 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ a. Council Work Session (Closed) of July 16, 2019 File #48884 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of July 16, 2019 C. Receipts of Reports from Boards, Commissions or Committees 1. Greater Saint Charles Convention & Visitors Commission Meeting of April 25, 2019 File #48918 2. Senior Citizen Advisory Commission Meeting of June 11, 2019 File #48900 3. Digital Media Commission Meeting of May 8, 2019 File #48915 D. Receipt of Reports of the Director of Administration 1. Notice of Emergency Purchase (Police Department) C19-261 2. Notice of Emergency Purchase (Public Works Department) C19-168 3. Authorization of Interim Pay for Elizabeth Norviel while Serving as Acting Director of Information Technology Department and Authorization of Interim Pay for Elizabeth Phelps while Serving as Acting Director of Convention and Visitors Bureau File #48945 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Amendment No. 1 Contract with Ross & Baruzzini, Inc. for Additional Engineering and Design Services for the Heritage Pump Station Backup Generator Project in an Amount not to exceed $19,750.00, for a Total Contract Amount not to exceed $48,250.00 C19-043 F. Preliminary Plats 1. Elm Point Place Resubdivision of Lots 42 & 45 2. Request for Extension of Preliminary Plat Approval for SUB-2017-04 Kunze Resubdivision of Lots 1, 2 and 3 REMOVED FROM THE CONSENT AGENDA G. Miscellaneous 1. Verification of City Clerk Relative to Receipt of the Petition to the City of Saint Charles to Establish the Bogey Hills Plaza Community Improvement District  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ File #48942 2. Amendment to Council Rule 13(A) Regarding the Order for Regular Council Meeting Agendas File #48943 3. Report of the Court Administrator of Monies Collected and Deposited for the Month of June 2019 4. Report of the City Clerk Relative to Disposal of Various Records Pursuant to the Missouri Records Manual and State Records Retention Law (Clerk’s Office) File #48882 ITEMS REMOVED FROM THE CONSENT AGENDA Request for Extension of Preliminary Plat Approval for SUB-2017-04 Kunze Resubdivision of Lots 1, 2 and 3 A motion was made by MARY WEST to approve the request for an extension of Preliminary Plat approval for SUB-2017-04 Kunze Resubdivison of Lots 1, 2 and 3. VINCE RATCHFORD seconded the motion. Councilmember John Hanneke asked Director of Community Development Bruce Evans if he could explain this request. Mr. Evans reported this preliminary plat was originally approved in 2017. The developer has two years to finalize the record plat and present it to the Council for approval. If the record plat has not been approved within the two years, the developer can request the City to approve an extension. If the extension is not approved, the developer will have to go back before the Planning and Zoning Commission, receive a favorable vote from the Commission and the preliminary plat will come back to Council for a vote. Councilmember John Hanneke asked if the applicant is in the audience and would they like to come forward and explain the reason for the request for the extension. Colin Bruckerhoff with BFA Engineering, representing the applicant, reported the project hadn’t progressed due to the weather – the contractor for this development is backed up. Council President West asked when is this development planned for ground breaking. Mr. Bruckerhoff replied in the summer of 2020 into the fall of 2020. The final plat will be presented in the spring of 2021. Ms. West voiced concerns with the on-street parking – not wide enough to accommodate cars, snow plows and trash trucks. Mr. Bruckerhoff stated the proposed street in the development meets City’s code, a home owners association is in place and they are aware they are responsible for removing the snow and trash haulers will fit. A roll call vote was taken with the following results: “Aye”: None. “Nay”: Besselman, Flandermeyer, Haberstroh, Hanneke, Ohms, Ratchford, Reese and West. Absent: Ohmes and Seitzer. Motion failed. File #48941  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 6, 2019 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Councilmember Jerry Reese provided a brief update on the City’s new prescription drug plan and thanked Human Resource Manager Shanton Fountain for assisting him with his prescriptions. Councilmember Michael Flandermeyer provided updates on the St. Charles Municipal Band’s upcoming performance schedule. Councilmember John Hanneke recognized Isaac States. Isaac reported he is with Boy Scouts of America Troop 957, Boone Trail District and is at Star rank. Isaac stated he is attending tonight’s meeting to earn his Communication Merit Badge. Mayor Borgmeyer presented Isaac with a City of Saint Charles lapel pin. EMERGENCY ORDINANCES (none) TABLED BILLS (none) APPROVAL OF CLOSED MINUTES (none) The Regular Council Meeting adjourned at 7:51 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer