City Council

RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ The City Council convened in a Regular City Council Meeting on Tuesday, November 5, 2019, at 7:12 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: 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. PDA-2019-08. (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 12972) B. Case No. CU-2019-24. (James Blair) An application for a Conditional Use Permit from §400.240(C)(1)(a) for a Motor Vehicle Sales use within the I-1 Light Industrial District located at 1833 Scherer Parkway. The subject property is approximately 1.27 acres in area and is located in Ward 3. (RCA Attached) C. Case No. CU-2019-25. (Laura Callahan) An application for a Conditional Use Permit from §400.270(C)(1) for a Secondhand Sales use within the CBD Central Business District and within the HDD Historic Downtown District overlay located at 205 North Main Street. The subject property is approximately 3,450 square feet in area and is located in Ward 1. TO BE WITHDRAWN (RCA Attached) D. Case No. CU-2019-26. (RAM Second Street Properties LLC) An application for a Conditional Use Permit from §400.290(C)(16) for a seven (7) unit multi-family residential use within the FHCD Frenchtown Historic Commercial District and within the FPD Frenchtown Preservation District overlay located at 804-806 North 2nd Street. The subject property is approximately 4,785 square feet in area and is located in Ward 1. (RCA Attached) E. Case No. CU-2019-27. (RAM Second Street Properties LLC) An application for a Conditional Use Permit from §400.290(C)(16) for a seven (7) unit multi-family residential use within the FHCD Frenchtown Historic Commercial District and within the FPD Frenchtown Preservation District overlay located at 800 North 2nd  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ Street. The subject property is approximately 5,220 square feet in area and is located in Ward 1. (RCA Attached) F. Case No. CU-2019-28. (John Donnelly) An application for a Conditional Use Permit from §400.270(C)(1) for a guest house use within the CBD Central Business District and within the EHP Extended Historic Preservation District overlay located at 568 Madison Street. The subject property is approximately 6,230 square feet in area and is located in Ward 1. (RCA Attached) G. Case No. TA-2019-10. (Sheri Steffens – Imperial Catering Company, Inc.) An application to amend Chapter 400 of the Code of Ordinances by specifically amending §400.1750(A)(2) Permitted Districts and §400.1770(A) Standards for Electronic Billboards, specifically allowing Billboards and Electronic Billboards in PD-MU Planned Development-Mixed Use Districts. (Council Bill 12971) H. Case No. LL-2019-34. Approval of Liquor License Application for Robert Schowengerdt d/b/a Two Plumbers Brewery LLC located at 745 Friedens Road (Ward 3) (RCA Attached) I. Case No. LL-2019-35. Approval of Liquor License Application for Donna Schaffrin d/b/a Magpie located at 903 South Main Street (Ward 2) (RCA Attached) J. Case No. LL-2019-36. Approval of Liquor License Application for Nicole Simpson d/b/a Baked! located at 201 North Main Street (Ward 1) (RCA Attached) K. Case No. LL-2019-37. Approval of Liquor License Application for Jeffrey Greeno d/b/a Country Inn & Suites located at 1190 South Main Street (Ward 2) (RCA Attached) AWARDS/PROCLAMATIONS/PRESENTATIONS Presentation of Proclamation Declaring November 26, 2019 as “No Hunger Holiday” in the City of Saint Charles, Missouri (referred by Mayor Daniel J. Borgmeyer) The Honorable Mayor Daniel J. Borgmeyer read the proclamation declaring November 26, 2019 as “No Hunger Holiday” in the City of Saint Charles. Mayor Borgmeyer requested this information be placed on the city’s website. REPORT OF THE MAYOR Budget Amendment No. 12 (Council Bill 12959) Director of Administration Larry Dobrosky announced Budget Amendment No. 12 is being introduced this evening as Council Bill 12959. Should anyone have questions, Director of Finance Gina Jarvis is available to answer. Written and/or Verbal Messages from Mayor Daniel J. Borgmeyer There were no messages presented.  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ ANNOUNCEMENTS FROM COUNCILMEMBERS/MISCELLANEOUS Written and/or Verbal Messages from Councilmembers Councilmember Michael Flandermeyer announced the Veteran’s Day Ceremony Event will be held on Monday, November 11th at the new St. Charles County Veteran’s Park. The Municipal Band will be playing. PUBLIC COMMENT Tony Bethmann, 132 North Main Street, voiced concerns relative to the city’s current ordinance regarding restaurant bar food sales requirement. Mr. Bethmann spoke in favor of proposed Council Bill 12973. RESOLUTIONS A RESOLUTION DECLARING FURNITURE AND FIXTURES ASSIGNED TO THE POLICE DEPARTMENT TO BE SURPLUS PROPERTY AND AUTHORIZING THE DISPOSAL BY ON-LINE AUCTION GOVDEALS (SPONSORS: MARY WEST AND JERRY REESE) Passed “Aye”: Flandermeyer, Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on November 6, 2019 and is known as Resolution R19-047 A RESOLUTION DECLARING EQUIPMENT AND ONE VEHICLE ASSIGNED TO THE INFORMATION TECHNOLOGY DEPARTMENT AS SURPLUS PROPERTY AND AUTHORIZING DISPOSAL BY SALE AT MANHEIM AUTO AUCTION OR ON-LINE AUCTION SERVICE GOVDEALS (SPONSOR: VINCE RATCHFORD) Passed “Aye”: Flandermeyer, Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West and Besselman “Nay”: None Absent: None Approved by the Honorable Mayor on November 6, 2019 and is known as Resolution R19-048 BILLS FOR FINAL PASSAGE Bill 12948 AN ORDINANCE REPEALING ADMINISTRATIVE REGULATIONS (SPONSOR: JERRY REESE) Passed “Aye”: Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman and Flandermeyer “Nay”: None Absent: None Approved by the Honorable Mayor on November 6, 2019 and is known as Ordinance 19-230  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ Bill 12949 AN ORDINANCE AMENDING SECTIONS 145.100 AND 145.240 OF THE CODE OF ORDINANCES PERTAINING TO AWARDING OF CONTRACTS (SPONSOR: JERRY REESE) Passed “Aye”: Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman and Flandermeyer “Nay”: None Absent: None Approved by the Honorable Mayor on November 6, 2019 and is known as Ordinance 19-231 Bill 12950 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH ST. LOUIS COUNTY, MISSOURI FOR THE CONSTRUCTION AND OPERATION OF A SPECIAL PURPOSE MONITORING SITE ON PROPERTY LOCATED AT 911 NORTH SIXTH STREET (SPONSOR: MARY ANN OHMS) Passed “Aye”: Haberstroh, Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman and Flandermeyer “Nay”: None Absent: None Approved by the Honorable Mayor on November 6, 2019 and is known as Ordinance 19-232 BILLS FOR INTRODUCTION The following council bills were introduced: Bill 12951 AN ORDINANCE AUTHORIZING A CONTRACT WITH SCHOWALTER & JABOURI, P.C. TO PROVIDE INDEPENDENT AUDIT SERVICES FOR FISCAL YEARS 2019, 2020 AND 2021 IN AN AMOUNT NOT TO EXCEED $165,000.00 (SPONSOR: VINCE RATCHFORD) Bill 12952 AN ORDINANCE AUTHORIZING A TWO-YEAR INTERGOVERNMENTAL AGREEMENT WITH ST. CHARLES COUNTY AND OTHER MUNICIPALITIES WITHIN ST. CHARLES COUNTY FOR PARTICIPATION IN THE ST. CHARLES COUNTY REGIONAL DRUG TASK FORCE (SPONSORS: MARY WEST AND JERRY REESE) Bill 12953 AN ORDINANCE AMENDING SECTION 500.080 OF THE CODE OF ORDINANCES PERTAINING TO AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO-FAMILY DWELLINGS (SPONSORS: MARY WEST AND BART HABERSTROH)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ Bill 12954 AN ORDINANCE APPROVING THE RECORD PLAT FOR ELM POINT COMMONS PLAT FOUR, A SUBDIVISION OF THE CITY OF SAINT CHARLES, MISSOURI (SPONSOR: DAVID SEITZER) Bill 12955 AN ORDINANCE APPROVING THE RECORD PLAT FOR THE VILLAGES AT SANDFORT FARM PLAT THREE, A SUBDIVISION OF THE CITY OF SAINT CHARLES, MISSOURI (SPONSOR: JERRY REESE) Bill 12956 AN ORDINANCE AUTHORIZING A SECOND RENEWAL OF THE CONTRACT WITH MISSISSIPPI LIME COMPANY FOR THE PURCHASE OF STANDARD HYDRATED LIME FOR THE PERIOD OF JANUARY 1, 2020 THROUGH DECEMBER 31, 2020 IN AN AMOUNT NOT TO EXCEED $460,000.00 (SPONSOR: BART HABERSTROH) Bill 12957 AN ORDINANCE AUTHORIZING A CONTRACT WITH PAT KELLY EQUIPMENT COMPANY FOR THE PURCHASE OF ONE 2020 INTERNATIONAL CRANE TRUCK IN AN AMOUNT NOT TO EXCEED $282,570.00 (SPONSOR: BART HABERSTROH) Bill 12958 AN ORDINANCE REPEALING ORDINANCE 19-207 AND AMENDING SECTION 505.160 REGARDING OBSTRUCTING STREETS AND SIGNAGE (SPONSOR: TOM BESSELMAN) Bill 12959 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 #12) (SPONSORS: MARY WEST AND VINCE RATCHFORD) Bill 12960 AN ORDINANCE AUTHORIZING A CONTRACT WITH PAVEMENT SOLUTIONS, LLC FOR THE THRUSH- MAYER/TREADWAY STORM WATER IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $462,860.77 (SPONSORS: BRIDGET OHMES AND BART HABERSTROH)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ Bill 12961 AN ORDINANCE AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE NEW TOWN AT ST. CHARLES PHASE 10 B PLAT TWO AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTORH) Bill 12962 AN ORDINANCE AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE NEW TOWN AT ST. CHARLES PLAT SIX – C -2 AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTROH) Bill 12963 AN ORDINANCE AUTHORIZING ACCEPTANCE OF STREET PAVEMENT AND APPURTENANCES FOR THE NEW TOWN AT ST. CHARLES PLAT SIX-S AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTROH) Bill 12964 AN ORDINANCE AUTHORIZING ACCEPTANCE OF STREET PAVEMENT AND APPURTENANCES FOR THE NEW TOWN AT ST. CHARLES PLAT ONE-A-3 AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTROH) Bill 12965 AN ORDINANCE AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR NEW TOWN GATEWAY DISTRICT PLATS ONE, TWO, THREE AND FOUR AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTROH) Bill 12966 AN ORDINANCE AUTHORIZING ACCEPTANCE OF STREET PAVEMENT AND APPURTENANCES FOR THE NEW TOWN AT ST. CHARLES PLAT TEN - H AND AUTHORIZING RELEASE OF SECURITY RELATED THEREOF (SPONSORS: DAVID SEITZER AND BART HABERSTROH) Bill 12967 AN ORDINANCE FINDING AND DECLARING THE ACQUISITION OF CERTAIN LAND AND REAL PROPERTY INTERESTS FOR THE NATHAN AVENUE TO ROSE BRAE DRIVE STORM SEWER IMPROVEMENTS PROJECT IS NECESSARY FOR MUNICIPAL PURPOSES AND AUTHORIZING ACQUISITION OF SAID  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ LAND AND REAL PROPERTY INTERESTS (SPONSORS: TOM BESSELMAN AND BART HABERSTROH) Bill 12968 AN ORDINANCE AUTHORIZING A DIRECT LOAN AGREEMENT AND PROMISSORY NOTE BETWEEN THE MISSOURI TRANSPORTATION FINANCE CORPORATION, THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF ST. CHARLES FOR THE LITTLE HILLS EXPRESSWAY AND MEL WETTER PARKWAY PROJECT (SPONSOR: MARY ANN OHMS) Bill 12969 AN ORDINANCE AUTHORIZING A DIRECT LOAN AGREEMENT AND PROMISSORY NOTE BETWEEN THE MISSOURI TRANSPORTATION FINANCE CORPORATION, THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF ST. CHARLES FOR THE PROJECT MANAGEMENT CONSULTANT FOR THE IMPROVEMENTS TO THE ROUTE 94/ROUTE 364 AND MUEGGE ROAD INTERCHANGE (SPONSORS: MARY WEST AND DAVID SEITZER) Bill 12970 AN ORDINANCE AUTHORIZING A DIRECT LOAN AGREEMENT AND PROMISSORY NOTE BETWEEN THE MISSOURI TRANSPORTATION FINANCE CORPORATION, THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF ST. CHARLES FOR THE RECONSTRUCTION AND RELOCATION OF BOSCHERTOWN ROAD FROM HECKER STREET TO ROUTE B (SPONSOR: DAVID SEITZER) Councilmember Mary Ann Ohms requested her name be added as sponsor to Council Bill 12970. Bill 12971 AN ORDINANCE AMENDING SECTIONS 400.1750 AND 400.1770 OF THE CODE OF ORDINANCES ALLOWING BILLBOARDS AND ELECTRONIC BILLBOARDS IN PLANNED DEVELOPMENT-MIXED USE DISTRICTS (SPONSORS: MARY WEST AND MARY ANN OHMS) Councilmember Tom Besselman requested his name be added as sponsor to Council Bill 12971. Bill 12972 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)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ Bill 12973 AN ORDINANCE AMENDING CHAPTER 600 OF THE CODE OF ORDINANCES PERTAINING TO LIQUOR CONTROL (SPONSORS: MARY ANN OHMS AND MARY WEST) Bill 12974 AN ORDINANCE AUTHORIZING A FUNDING AGREEMENT BETWEEN THE MISSOURI DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF ST. CHARLES TO RECEIVE FUNDING FOR SIDE CHANNEL AND BANK IMPROVEMENTS (SPONSOR: VINCE RATCHFORD) ITEMS FOR DISCUSSION AND/OR COUNCIL ACTION Appointment of Council Liaison to Human Relations Commission (referred by Council President Mary West) A motion was made by MARY ANN OHMS to appointment Councilmember Tom Besselman as the council liaison to the Human Relations Commission. VINCE RATCHFORD seconded the motion. All voted in favor, motion passed. File #48962 CONSENT AGENDA A motion was made by BRIDGET OHMES to approve the Consent Agenda. MARY ANN OHMS seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer and Haberstroh. “Nay”: None. Absent: None. Motion passed. A. Approval of Council Minutes 1. Regular Council Meeting of October 15, 2019 2. Public Hearing of October 15, 2019 File #48963 3. Administrative Hearing of October 15, 2019 File #48964 B. Approval of Council Committee Reports 1. Approval of Council Committee Minutes a. Council Work Session of October 8, 2019 File #48884 b. Council Work Session of October 22, 2019 File #48884 2. Approval of Council Committee Motions/Actions/Recommendations a. Council Work Session of October 8, 2019  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ i. Motion to excuse the absences of Councilmember Jerry Reese, Councilmember John Hanneke and Councilmember Vince Ratchford b. Council Work Session of October 22, 2019 (none) C. Receipts of Reports from Boards, Commissions or Committees 1. Human Relations Commission Meeting of August 15, 2019 File #48919 2. Special Business District Advisory Board Meeting of August 1, 2019 File #48894 3. Convention and Visitors Commission Meeting of August 22, 2019 File #48918 4. Board of Public Works Meeting of August 26, 2019 File #48906 5. Convention Center Oversight Subcommittee Meeting of September 13, 2019 File #48927 6. Housing Authority Meeting of August 27, 2019 File #48907 7. Veterans Commission Meeting of September 9, 2019 File #48901 8. Senior Citizen Advisor Commission Meeting of September 10, 2019 File #48900 9. Audit Committee Meeting of June 18, 2019 File #48935 D. Receipt of Reports of the Director of Administration (none) E. Approval of Contracts and Easements from $30,001 - $99,999 1. Second Renewal Contract with Shea Kohl Law, L.C., to Provide Municipal Prosecution Services for 2020 in an Amount Not to Exceed $54,000.00 C17-482 2. Amendment No. 2 to the Contract with Lewis Rice LLC for Legal Services Related to Labor Agreement Negotiations with the St. Charles Police Officers Association in an Amount of $10,000.00 for a Total Amount Not to Exceed $70,000.00 C18-358 F. Preliminary Plats (none) G. Miscellaneous (none)  RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI November 5, 2019 ______________________________________________________________________________ ITEMS REMOVED FROM THE CONSENT AGENDA (none) EMERGENCY ORDINANCES (none) TABLED BILLS Bill 12908 (Tabled at the September 17, 2019 Regular City Council Meeting) 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) There was no action taken on Council Bill 12908. APPROVAL OF CLOSED MINUTES A motion was made by MARY ANN OHMS to approve the following closed session minutes: A. Council Work Session of October 8, 2019 TOM BESSELMAN seconded the motion. A roll call vote was taken with the following results: “Aye”: Ohmes, Ohms, Ratchford, Reese, Seitzer, West, Besselman, Flandermeyer and Haberstroh. “Nay”: None. Absent: None. Motion passed. The Regular Council Meeting adjourned at 9:56 p.m. _____________________________ Date Approved ______________________________ _________________________________ City Clerk Mary West, Presiding Officer