City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, September 3, 2019, at 7:10 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, with Vice President of the Council Bridget Ohmes, presiding, and Members of the Council present as follows: Tom Besselman, Michael Flandermeyer, John Hanneke, Mary Ann Ohms, Vince Ratchford, Jerry Reese and David Seitzer. Absent: The Honorable Mayor Dan Borgmeyer, Councilmember Bart Haberstroh and Councilmember Mary West. 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 DAVID SEITZER to excuse the absence of Councilmember Bart Haberstroh and Council President Mary West. MARY ANN OHMS seconded the motion. All voted in favor, motion passed. PUBLIC HEARING The Vice President of the Council Bridget Ohmes 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-2019-06. (Above All Development, LLC) An application to amend the preliminary development plan for the Villages of Provence subdivision, specifically to accommodate apartment units upon an 8.26 acre tract known as Parcel ID #6-006A-3280-00-0007.3, as previously authorized by the governing ordinance for the development. The proposal includes multi-tenant apartment buildings, a clubhouse, pool, and carports. The subject property is located in Ward 7. (Council Bill 12915 and Council Bill 12916) 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. (Council Bill 12910) C. Case No. Z-2019-13. (Frederick T. Dyer) An application to rezone an approximately 7,632 square foot tract of land, known as 912 Jefferson Street, from R-1E Single Family Residential District within the EHP Extended Historic Preservation District to O-I Office Institution District within the EHP Extended Historic Preservation District. The subject property is located in Ward 1. (Council Bill 12906) D. Case No. CU-2019-18. (Bell Outdoor Advertising) An application for a Conditional Use Permit from §400.1750(A)(2) for a billboard sign within the C-2 General Business District, specifically to construct a new billboard structure at  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ 2350 South Highway 94 Outer Road. The subject property is 4.24 acres and is located in Ward 4. (RCA Attached) E. Case No. CU-2019-19. (Ashley C. Schubert) An application for a Conditional Use Permit from §400.220(C)(1)(a) for a pet adoption center (foster care facility for cats) within the C-2 General Business District, located at 403 Droste Road. The subject property is 0.62 acres and is located in Ward 9. (RCA Attached) F. Case No. CU-2019-20. (A&A Towing Services, LLC) An application for a Conditional Use Permit from §400.250(C)(1) for a temporary indoor motor vehicle storage use within the I-2 Heavy Industrial District and within the WHP Wellhead Protection District overlay located at 3896 Fountain Lakes Parkway East. The subject property is approximately 2 acres in area and is located in Ward 8. (RCA Attached) G. 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, §400.200 “HCD” Historic Commercial District, and §400.290 “FHCD” Frenchtown Historic Commercial District. This amendment would revise regulations for bed and breakfast uses operating within non-residential zoning districts. (Council Bill 12907) H. Case No. TA-2019-08. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances by amending §400.050 Definitions, §400.150 “R-1C, R-1D, R-1E” Single-Family Residential District, §400.160 “R-2” Two-Family Residential District, §400.170 “R-3A” Multiple-Family Residential District and the creation of a new section §400.525 Short Term Rentals. This amendment would add new regulations in the zoning ordinance for short term rentals. (Council Bill 12905) AWARDS/PROCLAMATIONS/PRESENTATIONS (none) REPORT OF THE MAYOR Budget Amendment No. 9 (Council Bill 12900) Director of Administration Larry Dobrosky announced Budget Amendment No. 9 is being introduced this evening as Council Bill 12900. Should anyone have questions, Director of Administration Gina Jarvis is available to answer. There were no questions or comments. ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from Councilmembers Council Vice President Bridget Ohmes announced the Annual Missouri Municipal League Conference is being held next week at the Saint Charles Convention Center.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ PUBLIC COMMENT Carl J. Maus, 84, Alta Mira Court, representing Crazy Cheap Fireworks, spoke in opposition to Council Bill 12878. RESOLUTIONS A Resolution Declaring a 2009 Ford F-350 Pickup Truck with Snowplow and Salt Spreader Assigned to the Public Works Departments as Surplus Property; Authorizing Donation to the City of St. Charles School District; and Authorizing the Mayor to Execute Documents Necessary to Transfer Title (Sponsor: Jerry Reese) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 6, 2019 and is known as Resolution R19-35 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”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: West and Haberstroh Approved by the Honorable Mayor on September 6, 2019 and is known as Resolution R19-36 BILLS FOR FINAL PASSAGE 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) Councilmember John Hanneke requested to withdraw Council Bill 12878. File #48948 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) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 6, 2019 and is known as Ordinance 19-175  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ 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) Council Vice President Bridget Ohmes requested a separate vote be taken on Council Bill 12889. Passed “Aye”: Flandermeyer, Hanneke, Ohms, Ratchford, Seitzer and Besselman “Nay”: Ohmes and Reese Absent: West and Haberstroh Approved by the Honorable Mayor on September 6, 2019 and is known as Ordinance 19-176 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) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 6, 2019 and is known as Ordinance 19-177 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) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 3, 2019 and is known as Ordinance 19-173 Bill 12892 An Ordinance Approving a Development Agreement for the Bogey Hills Plaza Community Improvement District; Directing and Authorizing City Officials to Take  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ Certain Actions Related to the Same; and Containing a Severability Clause (Sponsor: Jerry Reese) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 3, 2019 and is known as Ordinance 19-174 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) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 3, 2019 and is known as Ordinance 19-178 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) Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 3, 2019 and is known as Ordinance 19-179 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ Passed “Aye”: Besselman, Flandermeyer, Hanneke, Ohmes, Ohms, Ratchford, Reese and Seitzer “Nay”: None Absent: Haberstroh and West Approved by the Honorable Mayor on September 3, 2019 and is known as Ordinance 19-180 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, Bart Haberstroh and Tom Besselman) Councilmember Bart Haberstroh requested his name be removed as sponsor. Councilmember Michael Flandermeyer requested a separate vote be taken on Council Bill 12896. Passed “Aye”: Hanneke, Ohms, Ratchford, Reese, Seitzer and Besselman “Nay”: Ohmes and Flandermeyer Absent: Haberstroh and West Approved by the Honorable Mayor on September 6, 2019 and is known as Ordinance 19-181 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12897 An Ordinance Authorizing a Sixth Amendment to the Intergovernmental Agreement with St. Charles County, Missouri for the Collection of Real and Personal Property Taxes, Neighborhood Improvement District Assessments and Water Line and Sewer Lateral Repair Fees (Sponsors: Mary West and David Seitzer) Bill 12898 An Ordinance Authorizing Amendment Number 2 to the First Renewal Contract with STF, LLC dba Traffic Control Company for the 2019 Citywide Street Striping Project in an Amount of $20,000.00 for a Total Amount Not to Exceed $204,000.00 (Sponsor: Mary West) Bill 12899 An Ordinance Authorizing a Home Investment Partnership Sub-recipient Agreement Between St. Louis County, Missouri and the City of St. Charles to Receive Funding for Lead Hazard Control and Abatement Services to Eligible Residents Identified Through the Community Development Block Grant Home Improvement Program for the Period July 15, 2019 through August 31, 2020 (Sponsors: Mary West and Mary Ann Ohms)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ Bill 12900 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 #9) (Sponsor: Mary West) Bill 12901 An Ordinance Fixing and Establishing the Rate and Levying the Taxes for the General Revenue Funds and for the Various Special Funds of and for the City of Saint Charles, Missouri, for the Year Two Thousand and Nineteen (Sponsor: Mary West) Bill 12902 An Ordinance Authorizing Acceptance of Sanitary Sewer and Water Main and their Appurtenances at Camdon Farms and Authorizing Release of Security Related Thereto (Sponsors: Vince Ratchford and Bart Haberstroh) Bill 12903 An Ordinance Authorizing The Appropriation Of Not To Exceed $1,500,000 For The Purpose Of Defeasing A Portion Of The General Obligation Bonds, Series 2013A, Of The City Of Saint Charles, Missouri, And Authorizing Certain Other Documents And Actions In Connection With The Defeasance Of The Bonds (Sponsor: Mary West) Bill 12904 An Ordinance Authorizing Change Order Number 2 to the Contract with JTL Landscaping, LLC for the West Branch of Sandfort Creek Bank Stabilization Project in an Amount of $28,531.00, for a Total Amount Not to Exceed $691,798.50 (Sponsors: Jerry Reese and Bart Haberstroh) Bill 12905 An Ordinance Amending Sections 400.050, 400.150, 605.010 and 605.160 of the Code of Ordinances and Enacting a New Section to be Known as Section 400.525 Pertaining to Short Term Rentals (Sponsors: Mary West and Jerry Reese) Bill 12906 An Ordinance Rezoning to City Zoning District O-I (Office Institution District) Within the EHP (Extended Historic Preservation District) from City Zoning District R-1E (Single-Family Residential District) Within the EHP (Extended Historic Preservation District) an Approximate 7,632 Square Foot Tract of Land with an Address of 912 Jefferson Street (Sponsor: Mary Ann Ohms) Bill 12907 An Ordinance Amending Sections 400.050, 400.200, 400.210, 400.290 and 400.420 of the Code of Ordinances Pertaining to Bed and Breakfast Uses Located in Non-Residential  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ Zoning Districts (Sponsors: Mary West and Mary Ann Ohms) Bill 12908 An Ordinance Amending Section 505.175 of the Code of Ordinances of the City of St. Charles Pertaining to Right-of-way Encroachment Licenses (Sponsor: Tom Besselman) Bill 12909 An Ordinance Approving the Record Plat for Fountain Lakes Commerce Center Plat Three Resubdivision of Lot 17, a Subdivision of the City of Saint Charles, Missouri (Sponsor: David Seitzer) Bill 12910 An Ordinance Rezoning to City Zoning District PD-MU (Planned District- Mixed Use) from City Zoning District C-2 (General Business District) Approximately 5.01 Acres of Land with an Address of 1410 South Fifth Street; Approving the Preliminary Development Plan of HSC Redevelopment Tract in Connection Therewith; and Approving and Authorizing Execution of a Development Agreement (Sponsor: Tom Besselman) Bill 12911 An Ordinance Authorizing a Memorandum of Understanding Between the Federal Bureau of Investigation and the City of St. Charles to Participate in the St. Louis Child Exploitation and Human Trafficking Task Force (Sponsors: Jerry Reese and Mary West) Bill 12912 An Ordinance Authorizing a Contract with William Nobbe and Company, Inc. for the Purchase of One 2019 Johnston ES351 Mechanical Street Sweeper in an Amount Not to Exceed $234,500.00 (Sponsors: Mary West and Michael Flandermeyer) Bill 12913 An Ordinance Authorizing Amendment Number 1 to the First Renewal Contract with Mississippi Lime Company for the Purchase of Standard Hydrated Lime in the Amount of $40,000.00, for a Total Amount Not to Exceed $500,000.00 (Sponsor: Bart Haberstroh) Bill 12914 An Ordinance Approving a Program-Funded State and Local Task Force Agreement Between the United States Department of Justice, Drug Enforcement Administration, and the City of St. Charles, Missouri to Participate in the St. Louis Field Division Task Force Program for the Period October 1, 2019 Through September 30, 2020 and Authorizing the Mayor to Execute the Agreements (Sponsors: Jerry Reese and Mary West)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ Bill 12915 (Supplemental RCA Attached) An Ordinance Approving an Amendment to the Preliminary Development Plan for the Villages of Provence Pertaining to the 8.26 Acre Tract of Land Zoned for Multi-Family Residential Use; and Approving and Authorizing Execution of a Development Agreement (Sponsor: Mary West) Bill 12916 (Supplemental RCA Attached) An Ordinance Approving an Amendment to the Preliminary Development Plan for the Villages of Provence Pertaining to the 8.26 Acre Tract of Land Zoned for Multi-Family Residential Use; and Approving and Authorizing Execution of a Development Agreement (Sponsor: Michael Flandermeyer) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION (none) CONSENT AGENDA A motion was made by JERRY REESE to approve the Consent Agenda. MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Hanneke, Ohmes, Ohms, Ratchford, Reese, Seitzer, Besselman and Flandermeyer. “Nay”: None. Absent: West and Haberstroh. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of August 20, 2019 2. Public Hearing of August 20, 2019 File #48949 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session (Closed) of August 13, 2019 File #48884 b. Council Work Session of August 13, 2019 File #48884 c. Street Committee Meeting of August 13, 2019 File #48899 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session (Closed) of August 13, 2019 (none) b. Council Work Session of August 13, 2019 i. Administration to provide information relative to costs of potentially building a new City Hall or renovating the current City Hall ii. Finance to provide (if available) the amount of revenue that the City collected during the back to school sales tax holiday weekend  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ iii. Finance to provide what the gaming revenue showed during a downturn in the economy c. Street Committee Meeting of August 13, 2019 i. motion to introduce legislation to establish an all way stop at the intersection of W. Randolph and N. Duchesne Drive ii. motion to proceed with Option #1 as presented by staff and introduce legislation to establish 7ft wide parking wells on the east and west side of Kingshighway and two 10ft wide travel lanes, northbound and southbound C. Receipts of Reports from Boards, Commissions or Committees 1. Board of Adjustment Meeting of May 6, 2019 File #48895 2. Board of Adjustment Meeting of June 10, 2019 File #48895 3. Board of Adjustment Meeting of July 8, 2019 File #48895 4. Landmarks Board Meeting of June 17, 2019 File #48896 5. Landmarks Board Meeting of July 15, 2019 File #48896 6. Public Facilities Authority Board Meeting of August 22, 2018 File #48950 7. Board of Public Works Meeting of May 20, 2019 File #48906 8. Board of Public Works Meeting of June 24, 2019 File #48906 9. Planning and Zoning Commission Meeting of June 24, 2019 File #48908 10. Veterans Commission Meeting of July 8, 2019 File #48901 11. Convention Center Oversight Subcommittee Meeting of May 6, 2019 File #48927 12. Special Convention Center Oversight Subcommittee Meeting of May 17, 2019 File #48927 13. Human Relations Commission Meeting of March 21, 2019 File #48919 14. Human Relations Commission Meeting of April 18, 2019 File #48919 15. Human Relations Commission Meeting of June 20, 2019 File #48919  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ 16. Citizens with Disabilities Advisory Board Meeting of February 27, 2019 File #48905 17. Citizens with Disabilities Advisory Board Meeting of March 27, 2019 File #48905 18. Citizens with Disabilities Advisory Board Meeting of April 24, 2019 File #48905 19. Citizens with Disabilities Advisory Board Meeting of May 22, 2019 File #48905 20. Housing Authority Commission Meeting of May 29, 2019 File #48907 21. Housing Authority Commission Meeting of June 25, 2019 File #48907 22. Special Business District Advisory Board Meeting of June 6, 2019 File #48894 23. Special Business District Advisory Board Meeting of July 11, 2019 File #48894 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Contract with Fischer Grading, LLC for the McNair Park Storm Sewer Repair Project in an Amount Not to Exceed $62,413.50 C19-286 F. Preliminary Plats (none) G. Miscellaneous 1. Report of the Court Administrator of Monies Collected and Deposited for July 2019 ITEMS REMOVED FROM THE CONSENT AGENDA (none) EMERGENCY ORDINANCES (none) TABLED BILLS (none) APPROVAL OF CLOSED MINUTES (none) The Regular Council Meeting adjourned at 10:28 p.m.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI September 3, 2019 ______________________________________________________________________________ _____________________________ Date Approved ______________________________ _________________________________ City Clerk Bridget Ohmes, Presiding Officer