CITY OF ST. PETERS BOARD OF ALDERMEN

Transcription

1 CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO October 25, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Recognition: Random Act of Kindness 4. Proclamation: Knights of Columbus 28 th Annual No Hunger Holiday, Mike Narkawicz D. Approval of Minutes: The Board of Aldermen Work Session meeting of October 11, 2018; and the Regular Board of Aldermen meeting of October 11, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions a. Appointment to Senior Advisory Committee 2. City Administrator s Report: 3. Report of Director, Planning, Community and Economic Development: a. Petition Special Use Permit, LaRose Fields, LLC - Powers b. Petition Special Use Permit, Really Cool Stuff Shop, LLC - Powers 4. St. Peters Business Spotlight: None F. Open Forum 1. Citizens Petitions and Comments

2 2. Communications from the Elected Officials 3. Announcements G. Public Hearings: 1. Voluntary Annexation Marchant Property, 216 Eisenhower Drive - Powers H. Unfinished Business Items: None I. New Business Items: 1. Bill No : Bill approving the Special Use Permit in the SD-RC Special District Retail/Commercial to permit a car wash, in response to Petition (LaRose Fields, LLC) and adopting the Findings of Fact and Conclusions of Law with respect thereto 2. Bill No : Bill approving a Special Use Permit in the C-3 General Commercial District to permit the sale of used merchandise, in response to Petition (Really Cool Stuff Shop, LLC) and adopting the Findings of Fact and Conclusions of Law with respect thereto 3. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to issue a purchase order for the procurement of furniture, fixtures and equipment at the new St. Peters Golf Club and Banquet Center 4. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with WasteZero, Inc. for the purchase of blue bags for recycling purposes 5. Bill No : Bill amending Section B.1 of the Code of the City of St. Peters, Missouri relating to the Solid Waste Service Rates 6. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to execute a contract change order with Demien Construction Company for construction of the new St. Peters Golf Course Clubhouse and Banquet Center 7. Bill No : Bill terminating Tax Increment Financing within the St. Peters Route 370 Redevelopment Area; dissolving the Special Allocation Fund related thereto; and authorizing certain actions relating thereto 8. Bill No : Bill authorizing the City Administrator to negotiate and execute an Intergovernmental Cooperation Agreement for recycling services with the City of O Fallon, Missouri J. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) K. Adjournment AGENDA Posted at City Hall: October 22, 2018 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: November 15, 2018

3 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES OCTOBER 11, 2018 The Work Session meeting was called to order at approximately 5:01 p.m. on Thursday, October 11, 2018 at the St. Peters Justice Center located at 1020 Grand Teton Drive. Scott Baumgartner, Deputy City Clerk, called the roll. The following were present: Mayor Pagano; Alderman Aytes; Board President Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Dan Emrick, Director of Golf and Banquet Operations; Cathy Pratt, Staff Support Services Manager; Jeff Finkelstein, Chief of Police; Russ Batzel, City Administrator; and Randy Weber, Special Counsel; Scott Baumgartner, Deputy City Clerk. Burt Benesek, Transportation and Development Services Manager was absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOA ITEMS FOR DISCUSSION NEW BUSINESS ITEMS: Alderman Violet moved and Alderman Bateman seconded the motion to remove Selection of Green Team Aldermanic Representative from the agenda for discussion. The motion was approved. SELECTION OF GREEN TEAM ALDERMANIC REPRESENTATIVE BARCLAY Alderman Barclay proposed to assign Alderman Reimer as the Green Team Aldermanic Representative to replace him after he was made the Board President. She will finish out the term from October 11, 2018 until April 26, No comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Violet seconded the motion to select Alderman Reimer as the Green Team Aldermanic Representative. The motion was approved. This is business item I-01 on this evening s Board of Aldermen meeting agenda for consideration. No further Board of Aldermen action is required on this item. MAYOR/CITY ADMINISTRATOR ITEM NEW BUSINESS ITEMS:

4 City of St. Peters: Board of Aldermen Work Session Minutes October 11, 2018 Page 2 of 4 Alderman Hollingsworth moved and Alderman Bateman seconded the motion to remove Golf Clubhouse Entrance Relocation from the agenda for discussion. The motion was approved. GOLF CLUBHOUSE ENTRANCE RELOCATION BATZEL Mr. Batzel gave a PowerPoint presentation to display the recommended St. Peters Golf Clubhouse and Banquet Center new entrance plan. Staff is recommending approval to execute contract change order no. 4 for the St. Peters Golf Clubhouse and Banquet Center Project awarded to Demien Construction Company. The change order accounts for placement of earth embankment material, making use of excess earth and clean fill material generated by the project, and installation of storm sewer pipes and related contractor survey to cross the existing lake. This work is necessary to relocate the entrance to utilize an existing traffic signal, owned by MoDOT, at the intersection of Salt Lick Road and Veterans Memorial Parkway to improve safety and reduce congestion. The easements needed for this project from Wallis Petroleum, L.C., the gas station at the intersection, is up for approval on tonight s Board of Aldermen agenda as business item I-04. This change order will increase the contract value up to $220,000. The work associated with this change order is budgeted as part of the Transportation Trust Fund. Questions were addressed. With no further comments or questions from the Board of Aldermen, Alderman Hollingsworth moved and Alderman Thomas seconded the motion to place this item on the October 25, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the October 25, 2018 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Bateman seconded the motion to remove Golf Clubhouse Furniture, Fixtures and Equipment Bid Recommendations from the agenda for discussion. The motion was approved. GOLF CLUBHOUSE FURNITURE, FIXTURES AND EQUIPMENT BID RECOMMENDATIONS HUTSLER Dan Emrick, Director of Golf and Banquet Operations, advised on September 20, 2018 the City received bids from four companies on 13 separate packages for furniture, fixtures, and equipment for the new clubhouse and banquet facility and St. Peters Golf Club. Mr. Emrick explained further on the packages and changes that were made. Staff is recommending the low bidder for 12 of the packages from Interior Investments, Commercial Interior Services, and Classic Outdoor Furniture. One package was eliminated due to staff completing locally. The total cost of all packages is $271, With no comments or questions from the Board of Aldermen, Alderman Bateman moved and Alderman Violet seconded the motion to place this item on the October 25, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the October 25, 2018 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Bateman seconded the motion to remove Purchase of Recycling Blue Bags for 2019 from the agenda for discussion. The motion was approved. PURCHASE OF RECYCLING BLUE BAGS FOR 2019 KUPPLER

5 City of St. Peters: Board of Aldermen Work Session Minutes October 11, 2018 Page 3 of 4 Mr. Kuppler explained on February 6, 2018, staff received one bid response for the yearly purchase of recycling bags. WasteZero has successfully won the bid for the past several years and has agreed to hold the pricing for the City s FY19 Blue Bag order. Staff is recommending the bid amount of $188,340. With no comments or questions from the Board of Aldermen, Alderman Thomas moved and Alderman Reimer seconded the motion to place this item on the October 25, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the October 25, 2018 Board of Aldermen meeting agenda for consideration. Alderman Bateman moved and Alderman Violet seconded the motion to remove Secretary of State/Records Retention Schedule from the agenda for discussion. The motion was approved. SECRETARY OF STATE/RECORDS RETENTION SCHEDULE BAUMGARTNER Deputy City Clerk Baumgartner stated that the Destruction of Records forms provided in this evening s meeting packet necessitate being entered and made a part of the minutes of the Board of Aldermen for October 11, Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to accept the City Clerk s report regarding the Destruction of Record forms that are provided in the Work Session packet and to be entered into the October 11, 2018 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES BATZEL Dave Kuppler gave a timeline to the transition to Blue Cart Crew Program for single family homes. He advised City staff will switch out the existing green trash cart for a blue cart by February for those that sign up for the recycling program. Enrollment to the program can be done by , phone, postcard, mobile app and website. When the Blue Cart Crew and the tie-it-on program is fully implemented in April, the blue bags will no longer be available at City facilities. Registered members will be automatically entered into the yearly contest. Multi-family complexes are being discussed. No comments or questions from the Board of Aldermen. Mr. Kuppler also advised that an intergovernmental agreement that he discussed at the previous meeting is in the works with the City of O Fallon due to the demise of their single stream recycling program. This agreement is expected to be completed by the October 25, 2018 Board of Aldermen meeting for approval. A trial period will start October 29, 2018 and run until December to accept their recyclable containers. In the future, staff is looking at possibly assisting the City of Lake St. Louis. No comments or questions from the Board of Aldermen. No further Board of Aldermen action is required on this item. Lisa Bedian, Director of Communications, gave a wrap up update on Celebrate St. Peters. Ms. Bedian thanked the elected officials, sponsors, staff, volunteers, and residents for attending Celebrate St. Peters on September 13 th and 14th. She advised there were over 35,000 attendees over the two days of festivities. Staff will review suggestions and ideas for planning next year s event; which will be September 20-21, No further comments or questions from the Board of Aldermen. No further Board of Aldermen action is required on this item.

6 City of St. Peters: Board of Aldermen Work Session Minutes October 11, 2018 Page 4 of 4 BOARD MEETING AGENDA ITEM REVISIONS BATZEL Mr. Batzel reminded the Board that City Clerk Smith ed the revision yesterday to business item I-02 that s on tonight s Board of Aldermen meeting agenda. EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session was called at this time. ADJOURNMENT OF THE WORK SESSION Alderman Violet moved and Alderman Bateman seconded the motion to adjourn the Work Session meeting. The motion was approved and the Work Session meeting was adjourned at approximately 6:00 p.m. Submitted by, Scott Baumgartner Deputy City Clerk

7 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES OCTOBER 11, 2018 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on October 11, 2018, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Scott Baumgartner, Deputy City Clerk, called the roll. Present were: Mayor Pagano; Alderman Aytes; Board President Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; Chief Finkelstein; City Administrator Russ Batzel ; Special Counsel Weber; and Scott Baumgartner, Deputy City Clerk. Steve Koenemann delivered the Invocation. Mayor led the Pledge of Allegiance. RECOGNITION: GIRL SCOUT GOLD AWARD, EMILY HUBECKY Aldermen Thomas and Reitmeyer presented Emily Hubecky with a recognition for receiving the Girl Scout Gold Award for researching and making a video for incoming students at Fort Zumwalt East to let students know of clubs and activities available to them and increased participation. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF SEPTEMBER 27, 2018; REGULAR BOARD OF ALDERMEN MEETING OF SEPTEMBER 27, 2018; AND THE SPECIAL MEETING OF SEPTEMBER 27, Alderman Bateman moved and Alderman Hollingsworth seconded the motion to approve the Board of Aldermen Work Session meeting minutes of September 27, 2018; the Regular Board of Aldermen meeting minutes of September 27, 2018; and the Special Meeting of September 27, All in favor, the motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS CITY ADMINISTRATOR S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT None ST. PETERS BUSINESS SPOTLIGHT Chisel Nail Salon for Men owners Amy and Tylando Tucker gave a video presentation on their business that opened June 2018 located at 6638 Mexico Road.

8 Board of Aldermen Minutes: City of St. Peters October 11, 2018 Page 2 of 4 OPEN FORUM CITIZENS PETITIONS AND COMMENTS Mark O Heron, of 564 Wyatt, St. Peters, welcomed Alderman Reimer. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS None UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS PROPOSED GREEN TEAM ALDERMANIC REPRESENTATIVE [SPONSOR: BARCLAY] Alderman Violet moved and Alderman Hollingsworth seconded the motion to introduce Proposed Green Team Aldermanic Representative. The motion carried. Alderman Barclay proposed the selection of Alderman Melissa Reimer as the Green Team Aldermanic Representative from October 11, 2018 to April 26, Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to approve Alderman Reimer as the Green Team Aldermanic Representative. All in favor, the motion was approved. MOTION/APPROVED: BILL NO : ORDINANCE NO. 7036: AN ORDINANCE PERTAINING TO CITY ELECTIONS AND SETTING THE FILING DATES, TIMES AND PLACES FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 2, 2019, IN THE CITY OF ST. PETERS, MISSOURI Alderman Reitmeyer moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Violet seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Violet moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

9 Board of Aldermen Minutes: City of St. Peters October 11, 2018 Page 3 of 4 MOTION/APPROVED: BILL NO : ORDINANCE NO. 7037: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT WITH JEFF RODERFELD CONSTRUCTION FOR THE RED MILL COURT TARGETED SEWER LATERAL REPAIR PROJECT Alderman Bateman moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Barclay Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Hollingsworth moved and Alderman Violet seconded the motion to read the Bill for the second time. The motion carried and Alderman Reimer read the Bill. Alderman Reitmeyer moved and Alderman Violet seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7038: AN ORDINANCE AUTHORIZING THE CITY ADMINISTATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO TO AN AGREEMENT PROVIDING FOR THE ACQUISITION OF FEE SIMPLE TITLE, BY GENERAL WARRANTY DEED, OF CERTAIN RIGHT-OF-WAY, TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT FROM WALLIS PETROLEUM, L.C. FOR THE REALIGNMENT OF THE ENTRANCE TO THE ST. PETERS GOLF COURSE AND BANQUET CENTER Alderman Bateman moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Violet seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Violet moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Violet moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session called at this time. ADJOURNMENT Alderman Thomas moved and Alderman Bateman seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:10 p.m.

10 Board of Aldermen Minutes: City of St. Peters October 11, 2018 Page 4 of 4 Respectfully submitted, Scott Baumgartner Deputy City Clerk

11 E-01a

12 APPLICATION (Applications on file with the City Clerk s Office)

13 E-03a NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, September 5, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive (1020 Grand Teton Drive). All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition LaRose Fields, LLC. requests a special use permit in the SD-RC Special District Retail/Commercial to permit a car wash on a /- acre parcel. The property is located on the north side of Mexico Road, east of Spencer Road. LOCATION MAP Executive Centre Parkway Spencer Road Site Mexico Road N.T.S. North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

14 E-03b NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, October 3, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition Really Cool Stuff Shop LLC requests a special use permit for the sale of used merchandise in the C-3 General Commercial District on a 3.22+/- acre parcel. The subject site is located on the west side of Cloverleaf Drive South, south of Mexico Road, ( Cloverleaf Drive South). LOCATION MAP Cloverleaf Dr. South Cave Springs Blvd. Site Mexico Road Cave Springs Muegee Road N.T.S. North Lot B of Cloverleaf West - Plat 9 as recorded in book 20 page 95 at the St. Charles County Recorders Office.

15 G-01 NOTICE OF PUBLIC HEARING The Board of Alderman of the City of St. Peters, Missouri will hold an official public hearing at 6:30 p.m. on Thursday, October 25, 2018, concerning the proposed annexation into the City of St. Peters, for the real estate as described below, which is presently located in St. Charles County. The hearing will be held at the City of St. Peters Justice Center, 1020 Grand Teton Drive. All interested citizens will have an opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the government before the meeting by calling or writing to the City Administrator P.O. Box 9, St. Peters Missouri, 63376, Ph: or At this public hearing any interested person, corporation, or political subdivision may present evidence regarding the proposed annexation. Furthermore, any objections to the proposed annexation should be filed in writing with the Board of Aldermen of the City of St. Peters not later than fourteen (14) days after the date of said public hearing. Owner Description Approximate Acreage Mary Marchant 216 Eisenhower 1.0 A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard. Done by order of the Board of Aldermen. Patricia E. Smith Patricia E. Smith, City Clerk

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17 BILL NO I-01 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD-RC SPECIAL DISTRICT RETAIL/COMMERCIAL TO PERMIT A CAR WASH, IN RESPONSE TO PETITION (LAROSE FIELDS, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO WHEREAS, by Petition to the Board of Aldermen, a special use permit was requested in the SD-RC Special District Retail/Commercial to permit a car wash; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, did refer this Petition to the City s Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on this proposed special use; and WHEREAS, the said Planning and Zoning Commission of the City did consider this Petition and did recommend approval of this petition to the Board of Aldermen; and WHEREAS, at the Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed special use. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve the Special Use Permit, attached herewith and marked as Exhibit A, for LaRose Fields, LLC, to permit a car wash: PARCEL 1 LEGAL DESCRIPTION A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, ST CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT MARKING THE EASTERN CORNER OF US SURVEY 762; THENCE ALONG SAID US SURVEY, NORTH 63 DEGREES 30 MINUTES WEST,

18 FEET A RECORD BEARING AND DISTANCE TO A POINT IN THE CENTERLINE OF MEXICO ROAD; THENCE ALONG SAID CENTERLINE, SOUTH 67 DEGREES 00 MINUTES WEST, FEET A RECORD BEARING AND DISTANCE TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE ALONG CENTERLINE OF MEXICO ROAD, SOUTH 67 DEGREES 00 WEST, FEET TO A POINT; THENCE DEPARTING FROM SAID CENTERLINE NORTH FEET O AN IRON PIPE, THENCE EAST FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 1.0 ACRES, MORE OR LESS, EXCEPTING THEREFROM EASEMENTS RECORDED IN BOOK 1241 PAGE 916; BOOK 1942 PAGE 148; AND BOOK 4200 PAGE 1831, ALL PERTAINING TO ROAD WIDENING AND EASEMENTS. PARCEL 2 A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD STONE MARKING THE MOST EASTERN CORNER OF US SURVEY 762, NORTH 63 DEGREES 30 MINUTES WEST, CHAINS TO A POINT ON OR NEAR THE CENTER OF MEXICO ROAD; THENCE ALONG OR NEAR THE CENTER OF MEXICO ROAD, SOUTH 67 DEGREES WEST MINUTES TO THE TRUE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING ALONG OR NEAR THE CENTER OF SAID MEXICO ROAD, SOUTH 67 DEGREES WEST TO A POINT; THENCE LEAVING ALONG OR NEAR THE CENTER OF SAID MEXICO ROAD AND RUNNING NORTH FEET TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 46 MINUTES EAST, FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PORTION CONVEYED TO ST PETERS FOR WIDENING MEXICO ROAD, AS RECORDED IN BOOK 1241 PAGE 923 OF THE ST CHARLES COUNTY RECORDS. PARCEL 3 A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD STONE MARKING THE MOST EASTERN CORNER OF US SURVEY NO 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, THENCE ALONG THE EASTERN LINE OF SURVEY NO 762, NORTH 63 DEGREES 30 MINUTES WEST CHAINS TO A POINT IN THE CENTER OF MEXICO ROAD; THENCE ALONG THE CENTER LINE OF SAID MEXICO ROAD SOUTH 67 DEGREES WEST, 301 MINUTES TO A POINT, WHICH MARKS THE BEGINNING POINT OF THE TRACT HEREBY DESCRIBED; THENCE CONTINUING ALONG THE CENTER LINE OF SAID ROAD SOUTH 67 DEGREES WEST FEET TO A POINT; THENCE NORTH FEET TO AN IRON PIPE; THENCE NORTH 89 DEGREES 34 MINUTES EAST FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE POINT OF BEGINNING, CONTAINING ONE ACRE, MORE OR LESS, INCLUDING ONE HALF OF SAID MEXICO ROAD. BEING THE SAME TRACT OF LAND CONVEYED TO GRANTORS HEREIN, BY DEED DATED APRIL 29 TH 1959 FROM CATHERINE STOLL, A WIDOW, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR THE COUNTY OF ST CHARLES, MISSOURI, IN BOOK 326 PAGE 151.

19 AND A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN MEXICO ROAD, NORTH 63 DEGREES 30 MINUTES WEST CHAINS ALONG THE NORTHEAST LINE OF SAID US SURVEY NO 762 FROM THE MOST EASTERN CORNER OF SAID US SURVEY NO 762; THENCE ALONG OR NEAR THE CENTER OF SAID ROAD, SOUTH 67 DEGREES 00 MINUTES WEST FEET; THENCE NORTH FEET TO AN IRON PIPE; THENCE NORTH 89 DEGREES 46 MINUTES WEST FEET TO AN IRON PIPE; SAID IRON PIPE BEING THE BEGINNING POINT OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE FROM SAID BEGINNING POINT, SOUTH FEET; THENCE NORTH 89 DEGREES 46 MINUTES WEST FEET TO AN OLD IRON PIPE, THENCE NORTH FEET TO A POINT, THENCE SOUTH 89 DEGREES 46 MINUTES EAST FEET TO THE POINT OF BEGINNING. SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by LaRose Fields, LLC, in the SD-RC Special District Retail/Commercial to permit a car wash at the subject site. SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri.

20 Read two times, passed, and approved this 25 th day of October, Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

21 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application Number LaRose Fields, LLC ) Applicant ) ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On August , pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), LaRose Fields, LLC, (the Applicant ), submitted to the City of St. Peters, Missouri (the City ), Application Number for a Special Use Permit requesting a permit to use certain property within the St. Peters Centre Special District, SD-RC Special District General Retail/Service Commercial Subdistrict for a car wash (the Application ), which property is more particularly described in the legal description attached hereto as Exhibit A (the Property ). Specifically, the Applicant requested the following use: Commercial Transportation Related Service - Carwash Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Aldermen on October 25, 2018 a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the Hearing ). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit. The Board of Aldermen makes its findings based upon the following: 1

22 A. The Application submitted by the applicant on August 3, 2018 a copy of which is attached hereto as Exhibit F and incorporated by reference herein; B. The sworn testimony of and provided at the Hearing; C. The Site Plan, a copy of which is attached hereto as Exhibit B and incorporated by reference herein; D. The Architectural Design, a copy of which is attached hereto as Exhibit C and incorporated by reference herein; E. The City Code, a copy of which is on file in the office of the City Clerk, and incorporated as though fully set forth herein; F. The City s Comprehensive Plan, a copy of which is available in the office of the City Clerk and incorporated by reference herein; G. The Zoning Map of the City, a copy of which is available in the office of the City Clerk and incorporated by reference herein; H. The Report of the Director of Planning, Community and Economic Development, a copy of which is attached hereto as Exhibit D and incorporated by reference herein; and I. The Recommendation of Planning and Zoning Commission, a copy of which is attached hereto as Exhibit E and incorporated by reference herein. FINDINGS OF FACT A. The Property is owned by Spilker Family Revocable Trust and the Griesenauer Family Trust (collectively, the Owner ). B. The Property is located in the St. Peters Centre Special District, SD-RC Special District General Retail/Service Commercial Subdistrict. C. Section N of the City Code provides that Special Uses within the SD-RC Special District General Retail/Service Commercial Subdistrict include Car Washes. D. Pursuant to Section N of the City Code, the use of property in the SD-RC Special District General Retail/Service Commercial Subdistrict for car washes is permitted as a Special Use on property fronting on Mexico Road only. E. The Property fronts on Mexico Road. 2

23 CONCLUSIONS OF LAW At a public meeting held on October 25, 2018, the Board of Aldermen of the City of St. Peters, Missouri, reviewed and discussed the Application, the sworn testimony and the additional information presented by all interested parties. Following discussion of the foregoing, and after each Board Member had been provided the opportunity to express their respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Board members set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board was XXX in the affirmative, XXX in the negative, and XXX member(s) absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code, including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Property will contribute to and promote the general, welfare, health, safety and convenience of the public. C. The location and size of the Special Use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the Property with respect to streets giving access to it are such that the Special Use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. D. Off-street parking and loading areas will be provided in accordance with the standards set forth in the City Code. E. Adequate utility, drainage and other such necessary facilities have been or will be provided on the Property. F. Adequate access roads, entrances and exit drives are being provided and are so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys. Based on all of the circumstances, including the Application and the evidence presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses: This Special Use Permit shall authorize the use of the Property for a car wash. 3

24 B. General Requirements: 1. The Owner and Applicant, and any future owner of the Property, may use the Property for a car wash in addition to all permitted uses in the St. Peters Centre Special District, SD-RC Special District General Retail/Service Commercial Subdistrict. 2. The Owner and Applicant may operate a car wash on the Property in a manner consistent with generally accepted industry standards and practices for the operation of car washes, and in compliance with all local and State regulations related to car washes. 3. The Property shall be operated in compliance with all requirements of the St. Peters City Code. 4. The configuration of the Property shall be as substantially shown on Exhibit B. Any minor modifications to the Property from that shown on the Site Plan shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. 5. The design of the approved building on the Property shall be as substantially shown on Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. C. If any provision of this Special Use Permit shall to any extent be invalid or unenforceable, the remainder of the Special Use Permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law. D. The Special Use Permit shall only be valid for a period of one (1) year from the date of its approval by the Board of Aldermen, unless within such period: a. a building permit is obtained and the erection or alteration of the Property and related structures is commenced or the use is lawfully commenced; or b. the Board of Aldermen, upon written request of the Applicant, grants an extension not exceeding one hundred eighty (180) days, without notice of hearing. E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. F. The Owner and Applicant, and their respective successors in interest, shall comply with all other requirements of the City s Zoning and Subdivision Regulations, including but not limited to parking and signage requirements, and any other city, state, or federal regulations that are applicable unless otherwise stated herein. 4

25 IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day of, CITY OF ST. PETERS, MISSOURI SEAL By Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2018, before me appeared LEN PAGANO, to me personally known, who, being by me duly sworn, did say the he is the Mayor of the CITY OF ST. PETERS, MISSOURI, a municipal corporation, that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed in behalf of said City, by authority of its Board of Aldermen; and, said LEN PAGANO acknowledged said instrument to be free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. Notary Public My Commission Expires: 5

26 APPLICANT LaRose Fields, LLC By: Daniel J. Pattillo, Manager STATE OF ARKANSAS ) ) SS COUNTY OF ) On this day of 2018, before me personally appeared DANIEL J. PATTILLO, to me personally known, who, being by me duly sworn, did say that he is a Manager of LaRose Fields, LLC, an Arkansas limited liability company, and that said instrument was signed on behalf of said limited liability company; and said DANIEL J. PATTILLO acknowledged said instrument to be the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. My Commission Expires: Notary Public 6

27 OWNER Spilker Family Revocable Trust Carol J. Spilker STATE OF MISSOURI ) COUNTY OF ST. CHARLES) ) SS On this day of, 2018, before me,, a Notary Public in and for said state, personally appeared CAROL J. SPILKER known to me to be the person who executed the within Special Use Permit, and acknowledged to me that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. My Commission Expires Notary Public 7

28 OWNER Griesenauer Family Trust John J. Griesenauer STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES) On this day of, 2018, before me,, a Notary Public in and for said state, personally appeared JOHN J. GRIESENAUER known to me to be the person who executed the within Special Use Permit, and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. My Commission Expires Notary Public 8

29 EXHIBIT A Legal Description PARCEL 1 A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, ST CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT MARKING THE EASTERN CORNER OF US SURVEY 762; THENCE ALONG SAID US SURVEY, NORTH 63 DEGREES 30 MINUTES WEST, FEET A RECORD BEARING AND DISTANCE TO A POINT IN THE CENTERLINE OF MEXICO ROAD; THENCE ALONG SAID CENTERLINE, SOUTH 67 DEGREES 00 MINUTES WEST, FEET A RECORD BEARING AND DISTANCE TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE ALONG CENTERLINE OF MEXICO ROAD, SOUTH 67 DEGREES 00 WEST, FEET TO A POINT; THENCE DEPARTING FROM SAID CENTERLINE NORTH FEET O AN IRON PIPE, THENCE EAST FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 1.0 ACRES, MORE OR LESS, EXCEPTING THEREFROM EASEMENTS RECORDED IN BOOK 1241 PAGE 916; BOOK 1942 PAGE 148; AND BOOK 4200 PAGE 1831, ALL PERTAINING TO ROAD WIDENING AND EASEMENTS. PARCEL 2 A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD STONE MARKING THE MOST EASTERN CORNER OF US SURVEY 762, NORTH 63 DEGREES 30 MINUTES WEST, CHAINS TO A POINT ON OR NEAR THE CENTER OF MEXICO ROAD; THENCE ALONG OR NEAR THE CENTER OF MEXICO ROAD, SOUTH 67 DEGREES WEST MINUTES TO THE TRUE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING ALONG OR NEAR THE CENTER OF SAID MEXICO ROAD, SOUTH 67 DEGREES WEST TO A POINT; THENCE LEAVING ALONG OR NEAR THE CENTER OF SAID MEXICO ROAD AND RUNNING NORTH FEET TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 46 MINUTES EAST, FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PORTION CONVEYED TO ST PETERS FOR WIDENING MEXICO ROAD, AS RECORDED IN BOOK 1241 PAGE 923 OF THE ST CHARLES COUNTY RECORDS. PARCEL 3 A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD STONE MARKING THE MOST EASTERN CORNER OF US SURVEY NO 762, TOWNSHIP 47 NORTH, RANGE 4 EAST, THENCE ALONG THE EASTERN LINE OF SURVEY NO 762, NORTH 63 DEGREES 30 MINUTES WEST CHAINS TO A POINT IN THE CENTER OF MEXICO ROAD; THENCE ALONG THE A-1

30 CENTER LINE OF SAID MEXICO ROAD SOUTH 67 DEGREES WEST, 301 MINUTES TO A POINT, WHICH MARKS THE BEGINNING POINT OF THE TRACT HEREBY DESCRIBED; THENCE CONTINUING ALONG THE CENTER LINE OF SAID ROAD SOUTH 67 DEGREES WEST FEET TO A POINT; THENCE NORTH FEET TO AN IRON PIPE; THENCE NORTH 89 DEGREES 34 MINUTES EAST FEET TO AN IRON PIPE; THENCE SOUTH FEET TO THE POINT OF BEGINNING, CONTAINING ONE ACRE, MORE OR LESS, INCLUDING ONE HALF OF SAID MEXICO ROAD. BEING THE SAME TRACT OF LAND CONVEYED TO GRANTORS HEREIN, BY DEED DATED APRIL 29 TH 1959 FROM CATHERINE STOLL, A WIDOW, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR THE COUNTY OF ST CHARLES, MISSOURI, IN BOOK 326 PAGE 151. AND A TRACT OF LAND BEING PART OF US SURVEY 762, TOWNSHIP 47 NORTH, RANGE 4 EAT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN MEXICO ROAD, NORTH 63 DEGREES 30 MINUTES WEST CHAINS ALONG THE NORTHEAST LINE OF SAID US SURVEY NO 762 FROM THE MOST EASTERN CORNER OF SAID US SURVEY NO 762; THENCE ALONG OR NEAR THE CENTER OF SAID ROAD, SOUTH 67 DEGREES 00 MINUTES WEST FEET; THENCE NORTH FEET TO AN IRON PIPE; THENCE NORTH 89 DEGREES 46 MINUTES WEST FEET TO AN IRON PIPE; SAID IRON PIPE BEING THE BEGINNING POINT OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE FROM SAID BEGINNING POINT, SOUTH FEET; THENCE NORTH 89 DEGREES 46 MINUTES WEST FEET TO AN OLD IRON PIPE, THENCE NORTH FEET TO A POINT, THENCE SOUTH 89 DEGREES 46 MINUTES EAST FEET TO THE POINT OF BEGINNING. A-2

31 EXHIBIT B Site Plan B

32 EXHIBIT C Architectural Design C

33 EXHIBIT D Report of the Director of Planning, Community and Economic Development Name/Location of Development: Petition LaRose Fields, LLC: A request for a special use permit in the SD-RC Special District Retail/Commercial to permit a car wash on a /- acre parcel. The property is located on the north side of Mexico Road, east of Spencer Road. Staff Evaluation: The applicant is proposing a car wash on a parcel on the north side of Mexico Road, east of Spencer Road. The area is commercial to the north is Menards home improvement store, to the west is a McDonalds restaurant, to the south are two office buildings and a service station fronting on Mexico Road, and to the east are two undeveloped lots zoned SD-RC. In general the area is commercial and in proximity to the intersection of Mexico Road and Spencer Road. The site proposal includes a car wash building and drive aisles to serve the building and vacuum stations. The site will eventually be subdivided to create space for a retail or other commercial building. Access to the site will be from Mexico Road; a secondary access to the Menards service road is proposed. Staff notes this access was referenced on the original Menards plat subject to the property owners agreeing on long-term maintenance costs. The access drives will also serve the future development. Staff is of the opinion a car wash can operate without detriment to the area. The business will be located within a commercial area near a major intersection and adjacent to a fast food restaurant and other commercial uses. The proposed site layout aligns the building with the property shape, orienting the building entrance to the Mexico Road frontage. Mexico Road carries a significant traffic level that is typical for a car wash location. The site is adjacent to undeveloped out lots of the Menards development these could be developed with other commercial uses typical of a commercial roadway and compatible with the proposed car wash use. Overall, the building and site improvements will be appropriate for the site and the general area. Staff notes that the SD-RC district includes a limit on MVOB (Motor Vehicle Oriented Businesses), requiring a distance of three hundred feet between the two closest property lines on the same side of the street. Noting that the adjacent McDonalds is a MVOB, the applicant will have to apply for a variance for the reduced distance between the lots. Per the City of St. Peters Zoning Code, the review of any proposed special use must include consideration of certain standards; these are addressed below: a. Character of the surrounding area: The site is located within a commercial area served by major roadways; the proposed use would be consistent with the nature of the area. The proposed use will not inhibit the development of adjacent parcels nor adversely affect neighboring properties. D-1

34 b. Traffic conditions in the surrounding area: The site area is served by Mexico Road which is designed to serve the land uses in the area and is designed to accommodate substantial traffic levels. c. Public Utility facilities: The area is currently served with all utilities. Utility services are readily available in this area. d. The Comprehensive Plan: The City s Comprehensive Plan, as amended in 2008, indicates the site area is appropriate for commercial uses. The proposed use of a car wash would be consistent with the plan. e. Other matters pertaining to general welfare and compliance with the code: The site is located within a commercial area that includes a variety of commercial uses; this location is appropriate for continued service commercial development. The use can comply with the code regulations, after issuance of the needed variance for MVOB spacing. Staff Recommendation: Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. D-2

35 EXHIBIT E Recommendation of Planning and Zoning Commission Petition LaRose Fields, LLC: A request for a special use permit in the SD-RC Special District Retail/Commercial to permit a car wash on a /- acre parcel. The property is located on the north side of Mexico Road, east of Spencer Road. Mr. John Odom, Architect, presented this to the Commission for approval. Mr. Odom explained that the applicant is proposing a car wash on a parcel on the north side of Medico Road, east of Spencer Road. The area is commercial to the north is Menards home improvement store, to the west is a McDonalds restaurant, to the south are two office buildings and a service station fronting on Mexico Road and to the east are two undeveloped lots that are also zoned SD-RC. The site proposal includes a car wash building and drive aisles to serve the building and vacuum stations. The site will eventually be subdivided to create space for a retail or other commercial building. Access to the site will be from Mexico Road; a secondary access to the Menards service road is proposed. Mr. Odom noted that the SD-RC district includes a limit on Motor Vehicle Oriented Businesses requiring a distance of three hundred feet between the two closest property lines on the same side of the street. Noting that the adjacent McDonalds is an MVOB, they have applied for a variance for the reduced distance between the lots. Chairman McNames opened the public hearing at 6:43 p.m. and asked anyone wishing to speak on this petition to please come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 6:43 p.m. Mr. Yoffie made a motion and Ms. O Mara seconded to adopt staff s Findings of Fact as the Commission s Findings of Fact. The motion carried unanimously. Mr. Snarzyk made a motion and Ms. O Mara seconded to recommend approval of this Special Use Permit to the Board of Aldermen. The motion carried unanimously. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E

36 EXHIBIT F Application F-1

37 F-2

38 F-3

39 F-4

40 BILL NO I-02 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT THE SALE OF USED MERCHANDISE, IN RESPONSE TO PETITION (REALLY COOL STUFF SHOP, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO WHEREAS, by Petition to the Board of Aldermen, a special use permit was requested in the C-3 General Commercial District to permit the sale of used merchandise; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, did refer this Petition to the City s Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on this proposed special use; and WHEREAS, the said Planning and Zoning Commission of the City did consider this Petition and did recommend approval of this petition to the Board of Aldermen; and WHEREAS, at the Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed special use. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve the Special Use Permit, attached herewith and marked as Exhibit A, for Really Cool Stuff Shop, LLC, to permit the sale of used merchandise: LEGAL DESCRIPTION Lot B of Cloverleaf West - Plat 9 as recorded in book 20 page 95 at the St. Charles County Recorders Office, more commonly known as 4001 to 4061 Cloverleaf Drive South

41 SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Really Cool Stuff Shop, LLC, in the C-3 General Commercial District to permit the sale of used merchandise at the subject site. SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 25 th day of October, Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

42 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application No ) Really Cool Stuff Shop LLC, Applicant ) ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On August 31, 2018, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), Really Cool Stuff Shop LLC (the Applicant ) submitted to the City of St. Peters, Missouri (the City ), Application No for a Special Use Permit requesting a permit to use certain property within the C-3 General Commercial District as a retail sales of any used goods, wares or merchandise (the Application ), which property is located on the North side of Mexico Road, west side of Cloverleaf Drive South, more commonly known as 4001 to 4061 Cloverleaf Drive South, and is more particularly described in the legal description attached hereto as Exhibit A (the Property ). Specifically, the Applicant requested the following use: Collectible Shop Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Aldermen on October 25, 2018 a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the Hearing ). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit. The Board of Aldermen now makes its findings based upon the following: 1

43 A. The Application, submitted by the applicant on August 31, 2018, a copy of which is attached hereto as Exhibit F and incorporated by reference herein; B. The sworn testimony of, provided at the Hearing; C. The Site Plan, a copy of which is attached hereto as Exhibit B and incorporated by reference herein; D. The City Code, a copy of which is on file in the Office of the City Clerk and is incorporated as though fully set forth herein; E. The City s Comprehensive Plan, a copy of which is available in the office of the City Clerk and incorporated by reference herein; F. The Zoning Map of the City, a copy of which is available in the office of the City Clerk and incorporated by reference herein; G. The Architectural Elevations, a copy of which is attached hereto as Exhibit C and incorporated by reference herein; H. The Report of the Director of Planning, Community and Economic Development, a copy of which is attached hereto as Exhibit D and incorporated by reference herein; and I. The Recommendation of Planning and Zoning Commission, a copy of which is attached hereto as Exhibit E and incorporated by reference herein. FINDINGS OF FACT A. The Property is owned by Clover Leaf Partnership, L.P. (the Owner ). B. The Applicant will lease a portion of the Property commonly known as 4001 to 4061 Cloverleaf Drive South (the Premises ). C. The Property is in the C-3 General Commercial District. D. Section D. of the City Code provides that Special Uses within the C-3 General Commercial District include, Retail sales of any used goods, wares or merchandise, but excluding used motor vehicles. 2

44 CONCLUSIONS OF LAW At a public meeting held on October 25, 2018, the Board of Aldermen of the City of St. Peters, Missouri, reviewed and discussed the Application, the sworn testimony and the additional information presented by all interested parties. Following discussion of the foregoing, and after each Board Member had been provided the opportunity to express their respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Board members set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board was ( ) in the affirmative, ( ) in the negative, and ( ) member absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code, including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Premises will contribute to and promote the general, welfare, health, safety and convenience of the public. C. The location and size of the Special Use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the Premises with respect to streets giving access to it are such that the Special Use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. D. Off-street parking and loading areas will be provided in accordance with the standards set forth in the City Code. E. Adequate utility, drainage and other such necessary facilities have been or will be provided on the Property. F. Adequate access roads, entrances and exit drives are being provided and are so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys. Based on all of the circumstances, including the Application and the evidence presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses: This Special Use Permit shall authorize the use of the Premises for retail sales of any used goods, wares or merchandise, but excluding used motor vehicles. The sale or trading of firearms, ammunition, or other accessories associated with firearms shall be prohibited. Any 3

45 modifications to the Property shall be subject to prior approval by the Planning and Zoning Commission, with minor modifications to be approved by the City's Planning Department. B. General Requirements: 1. The Applicant, Owner and their respective successors in interest may use the Premises for a retail store which includes the sale of new and used merchandise. a. The sale of used merchandise shall be permitted on the Premises, except for the following: weapons, guns, ammunition, knives (other than those knives typically used for food consumption which are part of a silverware set), rusty farm implements, automotive parts, and any item which are included in the definition of junk yard in Section of the City Code. 2. No outside storage or display of items shall be permitted on the Property. 3. Any items dropped off at the Premises for consignment shall be stored inside the Premises. 4. Any person selling items on consignment on the Premises shall present valid identification, including a valid driver s license, state issued identification card, Passport, or United States military identification. The identification shall be copied and stored at the facility for one year and available for review by the St. Peters Police Department upon request. 5. The configuration of the Property shall be shall be as substantially shown on Exhibit B. Any minor modifications to the Property shall be as approved by the Planning Department. Any substantive changes to the Property shall first be approved by the Planning and Zoning Commission. 6. The design of the existing building on the Property shall be as substantially shown on Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the existing building shall first be approved by the Planning and Zoning Commission. C. If any provision of the permit shall to any extent be invalid or unenforceable, the remainder of the permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law. D. The Special Use Permit shall only be valid for a period of one (1) year from the date of its approval by the Board of Aldermen, unless within such period: 1. a building permit is obtained and the erection and alteration of the Property and related structures is commenced or the lawful use of the Premises is commenced; or 2. the Board of Aldermen, upon written request of the Applicant, grants an extension 4

46 not exceeding one hundred eighty (180) days, without notice of hearing. E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. F. The Applicant and Owner shall comply with all other requirements of the City's Zoning and Subdivision Regulations, including but not limited to parking and signage requirements, and any other city, state, or federal regulations that are applicable unless otherwise stated herein. IN WITNESS WHEREOF, the Applicant, Owner and City have hereunto set their hands as of the day of SEAL Mayor Attest: City Clerk STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2018, before me,, a Notary Public in and for said state, personally appeared Len Pagano, who being by me duly sworn, did say that he is the Mayor of the City of St. Peters, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed in behalf of said City, by authority of its Board of Aldermen, and that said Mayor acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 5

47 APPLICANT: Really Cool Stuff Shop, LLC By: Tammy T. Brower, Member STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of 2018, before me personally appeared TAMMY T. BROWER, to me personally known, who, being by me duly sworn, did say that she is a Member of Really Cool Stuff Shop LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said limited liability company; and said TAMMY T. BROWER acknowledged said instrument to be the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. Notary Public My Commission Expires: 6

48 OWNER: Stanley Hoffman, Manager of Omaha Cave Management Company, LLC, General Partner of Clover Leaf Partnership, L.P. By: Stanley Hoffman, Manager/General Partner STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of 2018, before me personally appeared STANLEY HOFFMAN, to me personally known, who, being by me duly sworn, did say that he is a Manager of Omaha Cave Management, L.L.C., a Missouri limited liability company, General Partner of Clover Leaf Partnership, L.P., a Missouri limited partnership, and that said instrument was signed on behalf of said limited partnership; and said STANLEY HOFFMAN acknowledged said instrument to be the free act and deed of said limited partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. Notary Public My Commission Expires: 7

49 EXHIBIT A PROPERTY DESCRIPTION Lot B of Cloverleaf West - Plat 9 as recorded in book 20 page 95 at the St. Charles County Recorders Office, more commonly known as 4001 to 4061 Cloverleaf Drive South A-1

50 EXHIBIT B SITE PLAN B-1

51 EXHIBIT C ARCHITECTURAL ELEVATION C-1