City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, August 20, 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, Bridget Ohmes, Mary Ann Ohms, Vince Ratchford, Jerry Reese and David Seitzer. Absent: John Hanneke. 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 John Hanneke. MICHAEL FLANDERMEYER seconded the motion. All voted in favor, motion passed. A motion was made by TOM BESSELMAN to advance to Agenda Item 17 CLOSED SESSION. VINCE RATCHFORD seconded the motion. All voted in favor, motion passed. CLOSED SESSION A roll call vote was taken to convene into closed session relative to legal actions, causes of action, or litigation (RSMo 610.021.1) at 7:02 p.m. with the following results: “Aye”: Flandermeyer, Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West and Besselman. “Nay”: None. Absent: Hanneke. At 7:16 p.m. the Regular City Council Meeting reconvened with the following members present: Besselman, Flandermeyer, Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer and West. Absent: Hanneke. 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. PDA-2019-07. (Charlestowne Crossing, LLC) An application to amend the adopted Preliminary Development Plan for a portion of the Charlestowne Place development known as lots 1-50 & 237-245 specifically to increase the maximum lot coverage percentage from 40% to 50%. The area in question is generally located west of the intersection of Hwy B and Copperfield Court. The property is zoned PD-R Planned District-Residential District (Ward 8) (Council Bill 12890)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ B. Petition to Establish the Bogey Hills Plaza Community Improvement District Pursuant to Sections 67.1401-67.1571 of the Revised Statutes of Missouri, As Amended (Council Bill 12891) AWARDS/PROCLAMATIONS/PRESENTATIONS Verbal Update Relative to Various Road Projects Director of Engineering Brad Temme provided updates on the following projects: Cole Creek Flood Reduction, South Main Sidewalk, Boschertown/Foxhill Signal, Convention Center Boulevard, West Clay Utility Work and Elm Point Road. REPORT OF THE MAYOR Written and/or Verbal Messages from Mayor Daniel J. Borgmeyer Mayor Borgmeyer reported a full report will be provided to the Councilmembers at the August 27 Retreat. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Update from Council Liaison on Board/Commission/Committee Activities Written and/or Verbal Messages from Councilmembers Councilmember Flandermeyer provided information regarding the upcoming performances of the St. Charles Municipal Band and Big Band. PUBLIC COMMENT Bill Gaines, 3209 Hawk Drive, St. Charles, Mo., stated the City of Saint Charles is a wonderful city and let us keep it safe and clean. Mayor Borgmeyer reported he recently met with Mr. and Mrs. Gaines at their home regarding their street concerns. RESOLUTIONS A Resolution to Re-Establish a Procedure to Disclose Potential Conflicts of Interests for Certain Municipal Officials (Sponsors: Mary West and Bridget Ohmes) Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer and Haberstroh “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Resolution R19-033 A Resolution Authorizing the Filing of a Grant Application with the Missouri Department of Public Safety for the 2020 Local Law Enforcement Block Grant (Sponsors: Jerry Reese and Mary West) Passed “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer and Haberstroh “Nay”: None Absent: Hanneke  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ Approved by the Honorable Mayor on August 21, 2019 and is known as Resolution R19-034 BILLS FOR FINAL PASSAGE Bill 12867 (Amended) An Ordinance Amending Section 135.210 of the Code of Ordinances Pertaining to Court Costs (Sponsor: Mary Ann Ohms) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-162 Bill 12877 (Supplemental RCA Attached) 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 (Sponsors: Mary West, John Hanneke, Jerry Reese, Vince Ratchford and Bridget Ohmes) Councilmember Tom Besselman requested a separate vote on Council Bill 12877. Mr. Besselman stated without a plan he cannot support this bill. Councilmember Jerry Reese, Councilmember Bridget Ohmes, Councilmember and Councilmember Vince Ratchford stated they support this bill. Council President Mary West stated she only supports a portion of this bill; therefore, she cannot support the entire bill. Passed “Aye”: Ratchford, Reese, Seitzer, Flandermeyer, Haberstroh, Ohmes and Ohms “Nay”: West and Besselman Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-163 Bill 12878 (To be Held) An Ordinance Amending Section 215.1100 of the Code of Ordinances Pertaining to Fireworks Stands Permit Fees (Sponsors: Mary West and John Hanneke) Council President Mary West requested Council Bill 12878 be held. 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-164 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-165 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-166 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-167  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-168 Bill 12884 An Ordinance Amending Section 230.100 of the Code of Ordinances Pertaining to Noise Control Enforcement (Sponsor: John Hanneke) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-169 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-170 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-172 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) Passed “Aye”: Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer, Haberstroh and Ohmes “Nay”: None Absent: Hanneke Approved by the Honorable Mayor on August 21, 2019 and is known as Ordinance 19-171 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12888 An Ordinance Amending Section 705.225 of the Code of Ordinances of the City of St. Charles Pertaining to the Summer Sewer Billing Adjustment Policy for Residential Customers (Sponsor: Bridget Ohmes) Bill 12889 An Ordinance Authorizing All Way Stop Signs at the Intersection of West Randolph Street and North Duchesne Drive (Sponsors: Vince Ratchford, Bart Haberstroh, David Seitzer and Michael Flandermeyer) Bill 12890 An Ordinance Approving an Amendment to the Preliminary Development Plan for Charlestowne Place to Increase Building Lot Coverage From Forty Percent to Fifty Percent (Sponsor: David Seitzer) Bill 12891 An Ordinance Approving a Petition to Establish the Bogey Hills Plaza Community Improvement District Pursuant to Sections 67.1401-67.1571 of the Revised Statutes of Missouri, as Amended; Creating the Bogey Hills Plaza Community Improvement District as a Political Subdivision; Designating the Area of the District as a Blighted Area; Approving the Appointment of the Initial Board of Directors for the District; Directing the City Clerk of the City of Saint 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ Bill 12892 An Ordinance Approving a Development Agreement for the Bogey Hills Plaza Community Improvement District; Directing and Authorizing City Officials to Take Certain Actions Related to the Same; and Containing a Severability Clause (Sponsor: Jerry Reese) Bill 12893 An Ordinance Authorizing The City Of St. Charles, Missouri To Issue Its Taxable Industrial Revenue Bonds (The Boeing Company Project), Series 2019, In A Principal Amount Not To Exceed $75,000,000 For The Purpose Of Providing Funds To Pay The Costs Of Acquiring And Constructing A Facility For An Industrial Development Project In The City; Approving A Plan For The Project; And Authorizing The City To Enter Into Certain Agreements And Take Certain Other Actions In Connection With The Issuance Of Said Bonds (Sponsors: Mary Ann Ohms, Mary West and Bart Haberstroh) Bill 12894 An Ordinance Authorizing A Restricted Use Agreement With The Boeing Company; And Authorizing An Agreement For Release Of Condition On Title Transfer, Release Of Possibility Of Reverter, And Quitclaim Deed With St. Charles County, Missouri (Sponsors: Mary Ann Ohms, Mary West and Bart Haberstroh) Bill 12895 An Ordinance Authorizing The City Of St. Charles, Missouri To Issue Its Taxable Industrial Revenue Bonds (Westgate 200, Llc Project), Series 2019, In A Principal Amount Not To Exceed $15,000,000 For The Purpose Of Providing Funds To Pay The Costs Of Acquiring And Constructing A Facility For An Industrial Development Project In The City; Approving A Plan For The Project; And Authorizing The City To Enter Into Certain Agreements And Take Certain Other Actions In Connection With The Issuance Of The Bonds (Sponsor: Mary West) Bill 12896 An Ordinance Amending Chapter 205 of the Code of Ordinances of the City of St. Charles by Amending Section 205.070 Amendments to the Fire Prevention Code by Prohibiting Open Burning (Sponsors: Mary West and Bart Haberstroh) Councilmember Michael Flandermeyer voiced concerns regarding open burn within city limits. ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. BRIDGET OHMES seconded the motion. A roll call vote was taken with the following results: “Aye”: Reese,  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ Seitzer, West, Besselman, Flandermeyer, Haberstroh, Ohmes, Ohms and Ratchford. “Nay”: None. Absent: Hanneke. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 6, 2019 2. Public Hearing of August 6, 2019 File #48946 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of August 6, 2019 File #48884 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of August 6, 2019 C. Receipts of Reports from Boards, Commissions or Committees (none) D. Receipt of Reports of the Director of Administration 1. Monthly Report on Requests for Intra-Departmental Transfer of Appropriations > $10,000 – July 2019 E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract Amendment No. 1 with TSI Global Companies, LLC for On-Call Utility Locate Services in an amount of $20,000.00, for a Total Contract Not to Exceed $60,000.00 (Wards: All) C18-226 2. Contract with JTL Landscaping, LLC for the 2019 Building Demolitions Project in an Amount Not to Exceed $44,700.00 (Ward: 2) C19-278 F. Preliminary Plats 1. Approval for 730 Friedens Road (Ward: 3) G. Miscellaneous 1. 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 2. July 2019 Investment Report ITEMS REMOVED FROM THE CONSENT AGENDA None.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI August 20, 2019 ______________________________________________________________________________ EMERGENCY ORDINANCES (none) TABLED BILLS (none) APPROVAL OF CLOSED MINUTES A motion was made by BRIDGET OHMES to approve the following closed session minutes: A. Council Work Session of July 16, 2019 B. Council Work Session of August 6, 2019 JERRY REESE seconded the motion. A roll call vote was taken with the following results: “Aye”: Seitzer, West, Besselman, Flandermeyer, Haberstroh, Ohmes, Ohms, Ratchford and Reese. “Nay”: Absent: Hanneke. Motion passed. The Regular Council Meeting adjourned at 7:50 p.m. ____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer