FLORISSANT CITY COUNCIL AGENDA City Hall 955 rue St. Francois Monday, October 10th, :30 PM Karen Goodwin, MMC/MRCC

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1 FLORISSANT CITY COUNCIL AGENDA City Hall 955 rue St. Francois Monday, October 10th, :30 PM Karen Goodwin, MMC/MRCC I. PLEDGE OF ALLEGIANCE II. ROLL CALL OF MEMBERS III. APPROVAL OF MINUTES Meeting Minutes of September 27th, 2016 IV. POLICE COMMENDATIONS Detective Jarrod Coder Sgt. Shawn Reiland Officer Dan Cushing Officer Tim Green Officer Steve Beekman Officer Joshua Smith Officer DeWitt Edwards V. Certificate of Merit Officer Steve Michael Officer Mike Kiefer Officer Lessie Summers Officer Kimberly Berry Officer Dustin Owen VI. HEARING FROM CITIZENS (Speaker cards are available at the entrance to the Council Chambers) Packet page 1 of 170 Page 1 of 3

2 VII. COMMUNICATIONS 1. dated September 30, 2016 from Kristin Korte requesting the repeal of the Breed Specific Legislation. 2. Dated October 1, 2016 from Connie Nolan regarding the phone survey and breed specific legislation. VIII. PUBLIC HEARINGS Application Staff Rpt Proposed Budget Request to amend the zoning code to allow for a child daycare in a shopping center under a Special Use Permit. (Planning and Zoning recommended denial on 9/19/16). Public Hearing on the proposed budget for the City of Florissant including the General Revenue Fund, Capital Improvement Fund, Park Improvement Fund, Street Fund, Sewer Lateral Fund, the Property Revitalization Fund, and the Court Building Fund for the Fiscal Year Beginning December 1, 2016 in the Council Chambers at 955 rue St. Francois on October 10 th, 2016, at 7:30 pm. Joseph Afshari Randy McDaniel IX. OLD BUSINESS A. SECOND READINGS S9218 Application Staff Rpt 9224 Memo 9225 Memo S9226 Packet Ordinance to amend the Zoning Code for clarification of a Special Use for Educational Development Centers in a B-3 Zoning District. (Postponed to this date on 9/27/16) Ordinance authorizing appropriating of the Community Development Block Grant Funds (CDBG) for the 2016 Fiscal Year for the City of Florissant. Ordinance authorizing a transfer of $15,000 from Account no Insurance, Fire & Liability to account no Postage and Printing to cover an anticipated shortfall in postage for the balance of the fiscal year. Ordinance amending Title VI, Section 605, by deleting article XVII Residential Rental Real Estate in its entirety and replacing it providing for additional regulations. 2 nd Reading Pagano Council as a whole Pagano Pagano X. NEW BUSINESS Packet page 2 of 170 Page 2 of 3

3 XI. BOARD APPOINTMENTS XII. E9227 BILLS FOR FIRST READING Ordinance amending Chapter 520 Signs & Billboards Subsection Chapter not applicable to certain signs by amending section A,5 to increase the size of signage allowed in commercial areas to 32 sq. ft. Pagano XIII. COUNCIL ANNOUNCEMENTS XIV. MESSAGE FROM THE MAYOR XV. ADJOURNMENT THIS AGENDA WAS POSTED AT THE FLORISSANT CITY HALL OCTOBER 7, 2016 AT 12:00 PM ON THE BULLETIN BOARD OUTSIDE THE COUNCIL CHAMBERS. ANY ONE WISHING TO ATTEND THE COUNCIL MEETING WHO HAS SPECIAL NEEDS SHOULD CONTACT THE CITY CLERK S OFFICE AT OR TDD BY NOON ON MONDAY, OCTOBER 10, Packet page 3 of 170 Page 3 of 3

4 1 CITY OF FLORISSANT COUNCIL MINUTES September 27, 2016 The Florissant City Council met in regular session at Florissant City Hall, 955 rue St. Francois on Tuesday, September 27, 2016 at 7:30 p.m. with Councilwoman Pagano presiding. The Chair asked everyone in attendance to stand and join Boy Scout Troop No.749 in reciting the Pledge of Allegiance. On Roll Call the following Councilmembers were present: Schmidt, Siam, Lee, Jones, Eagan, Caputa, Schildroth, Henke and Pagano. Also present was Mayor Thomas P. Schneider, Acting City Attorney Curt Calloway and City Clerk Karen Goodwin. A quorum being present the Chair stated that the Council meeting was in session for the transaction of business. Councilman Henke moved to approve the Executive and Meeting Minutes of 9/6/16 and the Work Session Minutes of 8/29/16 and 9/15/16, seconded by Schmidt. Motion carried. The Chair stated that the next item on the agenda was Hearing from Citizens and asked any citizen who wished to speak to come forward. Beth Bozicevic, 1650 Saddlespur, stated her opposition to the procedural, legal and discriminatory aspects of the Crime Free Bill No Kris Korte, 105 Clark, asked if St. Louis County Police, who use pit bulls on their drug task force, would be allowed to use these dogs in Florissant. She stated her opposition to the city s pit bull ban ordinance. Josh Polsky, 748 Loekes, discussed bite statistics in relation to pit bull dogs and other dogs. Mr. Polsky stated that the statistics from the city s Health Department bear out that Florissant s ban is not working. Linda Church, 13 McNulty, thanked the council for their hard work regarding rental properties. Katie Cardenas Salas, 2475 Stoney End Ct., stated her opposition to Florissant s ban on pit bull dogs. She informed the Council that the Bully Alliance raised $ to help Hazelwood Officer Tudor who was injured in the line of duty. Sheila Stiles, Coles Ave., stated that she was surprised that tax payer money was used to euthanize pit bull dogs. The number of dogs euthanized by St. Louis Co., between 2011 to 2015, after Packet page 4 of 170

5 City Council Meeting September 27, 2016 Page being transferred from Florissant was 164 dogs. The cost to St. Louis Co. tax payers was $6, in order to support Florissant breed ban ordinance. She asked the City Council and Mayor to repeal the ban. Mandy Ryan, 1254 Maple Lane, stated that the referendum to repeal the pit bull ordinance was not off the table. Since a referendum is costly, the alliance will wait until after the elections to see the outcome. The City of Florissant s recent phone survey, which cost $9,700, showed that out of 300 registered voters no conclusive results were found. Also, she stated that the questions on the survey were leading and biased. Consequently, their organization conducted their own survey of 550 voters, asking only one question: Do you want the breed ban legislation to remain? % wanted the breed ban repealed. Mary Parisi, 69 Club Grounds North, is a volunteer at the Animal Protection Association of Mo and other organizations. She has never had any problem with pit bulls while helping with them while volunteering. She fosters many dogs, but is not allowed to foster pit bull dogs because of Florissant s Ordinance against them. Mike Cardenas, 2475 Stoney End Ct., discussed Fox News coverage on Florissant s pit bull legislation. The report referenced by Fox, showed the Mayor stating that a young child had been attacked by a pit bull when in fact, the dog was shown on the report to be an English Bull Dog Mix. The Alliance contacted the owner of the dog and discovered it was an English Bull Dog and it had been euthanized. Mr. Cardenas asked the Mayor to retract his statement that the dog was a pit bull. He strongly encouraged the administration to withdraw the pit bull legislation. John Engelmeyer, 1281 Graham Rd., stated that he had requested a copy of the Budget Message from the Mayor prior to the meeting and it was not available. Mr. Engelmeyer stated that he could not understand why $15,000 was appropriated in Bill No for postage. There were no supporting documents. Also, in regard to Bill No. 9226, he stated that the form for the Residential Real Estate License was an invasion of his privacy and much of the information was not needed. In conclusion, he asked for clarification for the budget item in which the $10,000 was requested for the pit bull survey. In particular what account the money for the survey came from and who authorized it. Benjamin Bozicevic, 1650 Saddlespur, stated his opposition to the Crime Free Ordinance proposed. He lauded the City s attempt to make the City safer, but he did not think the Crime Free Bill was the way to achieve it. If the City receives over $200,000 in CDBG funds from HUD, the City must comply with fair housing laws. He recommended that the City withdraw the implementation of the crime fee ordinance. Sam Stragand, 1027 Vandeventer, attorney with the Equal Housing Opportunity Council, asked that the representatives with the EHOC be able to speak to the administration and Council regarding the proposed Crime Free legislation that was on the agenda this evening. Martina Johnson, Olive Blvd., Government Affairs for St. Louis Realtors, thanked the Council for meeting with her and the EHOC organization to discuss the proposed crime free legislation for Florissant. Ms. Johnson asked that the letter she submitted to the Council and was submitting this evening be made part of the minutes. She stated that both organizations will be back to see if their Packet page 5 of 170

6 City Council Meeting September 27, 2016 Page recommendations were implemented. They are willing to work with the council and administration at any time to make the language in the bill more amenable to landlords and renters alike. The Chair stated that the next item on the agenda was Communications of which there were none. The next item on the Agenda was the 2017 Budget Message from the Mayor. City of Florissant, Missouri 2017 Budget Message Honorable Members of the City Council and Citizens of the City of Florissant: As Mayor of the City of Florissant, it is my responsibility to submit a proposed budget for the upcoming 2017 fiscal year. The proposed budget of just over $36 million is submitted in compliance with Section 6.6 of the City Charter and Section of the Missouri Revised Statutes. The 2017 proposed budget provides a complete financial plan for the general, capital improvement, park improvement, street, sewer lateral, property revitalization, and court building funds. This budget contains a blueprint to continue to operate the City in a professional manner and with the same high level of programs and services that our residents expect. One of my goals with this proposed budget, as with my past budget proposals, is to anticipate expenditures for the next fiscal year so as to reduce the need for supplemental appropriations, recognizing it is unlikely to eliminate all of them completely. As always, preparing the annual budget has been a difficult process. Revenue budgeted for the general fund is down $346,000 over that budgeted in Sales tax revenue in the general fund is $300,000 above the 2016 budget; the capital improvement sales tax is $150,000 above the 2016 budget and the park improvement sales tax is budgeted to increase by $100,000. A healthy reserve is crucial to maintaining a consistent level of services and programs over time. Reserves provide the cushion necessary to bridge the ebbs and flows in the City s revenue streams from one year to the next. The general fund is projected to have a reserve balance of $6.7 million going into the 2017 fiscal year. In July 2014 a new pay plan was adopted by the City Council which gave all full-time employees a new pay schedule which provides for a 2% merit pay step increase. The 2017 proposed budget reflects the new compensation plan. No increase is proposed for part-time employees. The City pays 100% of employee health care premiums and 25% for dependent premiums. Through careful and professional negotiations which included input from our HR Director, Finance Director and this Mayor with the assistance of our Employee Benefit Consultants we are pleased to report that Medical premiums will increase by only 3%. Packet page 6 of 170

7 City Council Meeting September 27, 2016 Page The economic situation has improved for retail sales but overall continues to present challenges. Sales tax in the general fund, our single most important revenue source, is budgeted to increase $300,000. However, this is offset by a $200,000 decrease in projected utility tax receipts and significant declines elsewhere. As Mayor, I continue to encourage industrial development, manufacturing, warehousing, retail, and commercial developments in Florissant and the greater North County area in an effort to provide jobs for our current and future residents. We have had a robust Economic Development success which continued in Economic development continues to be strong and very active. Companies of all sizes that include National brands and Developers are proving that they believe in the future of Florissant. Some of the businesses and companies are: CVS opened a second store. The Florissant Meadows Shopping Center store is open 24 hrs. Grandview Shopping Center has been sold to a California Developer who I met with recently to hear about their aggressive plans to enhance the Center and attract new tenants. Starbuck s opened a new location on Lindbergh near Halls Ferry. Urgent Care is building a state of the art medical facility on Lindbergh at St. Jean. Irma Jeans Family Restaurant & Sports Bar will open in the former Deaver s location. U-Haul will build a large climate controlled storage facility on Lindbergh at Jefferson. Jewel Banquet Center will open in the former Yac s restaurant after extensive remodeling. Popeye s Chicken is building a new restaurant next to Culver s. Dunkin Donut will build a new restaurant on Lindbergh near Manresa Drive. Former Bob Evans building is under Contract to a national company. Signature Sandwich will open this fall in the Train Depot building There are other exciting projects that are in the Due Diligence and Planning Phase that we are working on with the Developers to bring to fruition. Our Economic Development success continues to deliver attractive stores and restaurants. Since January 2016 September New Commercial businesses & 15 Residential Businesses have opened. 156 Packet page 7 of 170

8 City Council Meeting September 27, 2016 Page I believe the proposed budget presents a reasonable and conservative framework for continued high levels of services given the issues facing the City, both now and in the future. Highlights of the proposed budget include the following: A. Continue funding for the salary plan for full-time personnel that the City Council passed in July B. The proposed budget reflects an aggressive effort promised with the passage of Propositions A&R to address issues with and or to maintain the city s housing and commercial building stock. Toward this goal the proposed budget includes the addition of two new full-time positions, an additional police officer to replace an existing officer who will be assigned to code enforcement. A code enforcement position will be filled and the civil Engineer I position will be eliminated. I am also proposing to transfer one Assistant Court Clerk position to Public Works where the position will be reclassified as a Permit Inspection Clerk to further assist with code violation issues. A part time clerk that was borrowed will be returned to the Court. New parttime positions directed towards this goal include one permit inspection clerk and two code enforcement inspector positions. C. Other personnel changes include the conversion of the Assistant Clubhouse Manager from year round part time to full time to ensure continued progress with increasing the revenue of the golf course. D. A part-time volunteer coordinator position is also being proposed to help manage and coordinate the services and activities of various churches and organizations that offer their services to single family residents of Florissant who are independent but need an occasional helping hand. E. The hours for part-time positions continue to be monitored so that no part-time position will be regularly scheduled to work more than 29 hours per week. F. The proposed budget addresses a number of equipment needs and building improvements for the public works, parks and police departments including $154,500 for computers and related software and equipment, $654,000 for vehicles and related equipment, $91,700 for mowers, and $82,800 for building improvements. G. $903,000 has been allocated to pay the debt service on the 2011 Certificates of Participation bond issue. $228,000 is budgeted in the capital improvement fund and $675,000 is budgeted in the park improvement fund. H. $555,000 has been budgeted to pay for street lights and related maintenance. This includes $35,000 to clean and paint 145 decorative street lights on North Hwy 67 and rue St. Francois. I. $935,000 has been allocated for insurance coverage s other than medical insurance. This includes $418,500 for general liability and property insurance and $500,000 for workers compensation insurance. Packet page 8 of 170

9 City Council Meeting September 27, 2016 Page J. The City will take on the full presentation of the St. Louis Family Theater Series as a result of a change of priorities of the Junior League and a renewed commitment by Florissant to continue this important and wholesome family entertainment series for the youth and parents of our community. Florissant will have more control and it is anticipated that ticket sales and grant revenue will exceed the cost of the series. The additional $85,180 in the budget will be offset by projected ticket sales of $60,000, by a $15,000 Regional Arts Commissions Grant, a $12,800 Missouri Arts Council Grant and a $4,200 American Eagle Credit Union Grant. We will evaluate the program upon the completion of the next series. The proposed budget requires the use of just over $2.2 million from general fund reserves. It is projected that the general fund will still have a reserve balance of $4.5 million after the use of the reserve funds which is 18% of the proposed budget and above our policy of targeting a reserve balance of at least 10%. At this point it appears that the turn-back or the amount of revenue received in excess of the amount budgeted and budgeted expenditures not spent for the 2016 fiscal year should be around $1,000,000. The use of reserve funds is a necessary and prudent use of resources at this time. The proposed budget is a balanced budget. I wish to thank all of the Department Heads for their diligence and hard work in assisting the administration in the preparation of the proposed budget. I also wish to express my appreciation for the suggestions and encouragement of members of the City Council during the preparation of this budget proposal. I commend all of the employees of the City of Florissant for their hard work and dedication to the residents of our City. It will by my pleasure to discuss the proposed budget with the Florissant City Council and to continue to work together for the progress of our beautiful city. Respectfully Submitted, Thomas P. Schneider Mayor The next item on the Agenda was Public Hearings. The Chair declared Public Hearing # to be held this night on a request to rezone for Lyons Properties, LLC d/b/a Dunkin Donuts the property located at 8115 N. Lindbergh from B-3 Extensive Commercial District to B-5 Planned Commercial District to allow for the construction of a new building had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward. Thomas Reay, 855 Southwell, expressed his concern about issues that need to be addressed: the overall height of the fence line, the lights, the trash, the noise, sewer system and the traffic as seen from the perspective of the surrounding residents. He has compiled a petition from the impacted residents. He displayed pictures of his property. Packet page 9 of 170

10 City Council Meeting September 27, 2016 Page Josh Polsky, 748 Loekes, asked why the relatively new Dunkin Donuts, which had operated further down Lindbergh, had closed after a short time in business. He thought this should be looked into before people s lives and property were dramatically changed to build another one. Mayor Schneider explained that the first Dunkin Donuts was a different developer. Gene Reay, owner of 851 Southwell, stated that he had met with the Dunkin Donuts developer and had seen the concept plans. The ordering speakers for the Dunkin Donuts drive-thru would be 34 foot from Tom Reay s bedroom walls and the cars less than 15 feet. He would like to meet with the Commission and administration to discuss and resolve the matter. Being no other persons who wished to speak, Councilman Eagan moved to postpone P.H. # to 10/24/16 in order to obtain and review the plans, seconded by Caputa. Motion carried. The Chair declared Public Hearing # to be held this night on a public hearing concerning the Fiscal Year 2017 Annual Plan for the Florissant Community Development Block Grant Program. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward. The Chair asked if there were any citizens who would like to speak on said public hearing. Tineen Hinton, Citizens Participation Committee member, presented the Proposed Use of CDBG Funds. The CPC met on September 1, 2016 and unanimously approved the 2017 CDBG Annual Plan. PROPOSED USE OF CDBG FUNDS 2017 Estimated Financial Summary FY2017 CDBG Program Community Development Block Grant Resources Entitlement Amount Estimate $223, Total FY Anticipated Funding $223, Proposed Uses of CDBG Funds Housing Programs Home Improvement Program $128, Home Improvement Program Mechanical $ 40, C.O.P.S. $ 0.00 Packet page 10 of 170

11 City Council Meeting September 27, 2016 Page Public Services Mortgage, Rental & Utility Assistance $ 10, Grant Administration Administration $ 44, Total $ 223, The Draft of the Annual Plan will be available on the City s website or at the Community Development Office for review and will be open for a 30 day Public Comment period which will end at 5pm on Thursday, October 27 th. Ms. Hinton encouraged people to review the plan and submit any comments to the Community Development Office. Councilman Eagan thanked Ms. Hinton and the CPC Committee for their hard work on the Budget. Being no other persons who wished to speak, Councilman Lee moved to close P.H. # , seconded by Jones. Motion carried. The Chair stated that the next item on the agenda was old business. Councilman Schmidt moved that Bill No An ordinance to amend the Zoning Code for clarification of a Special Use for Educational Development Centers in a B-3 Zoning District be postponed to 10/10/2016 in order to obtain more clarification, seconded by Henke. Motion carried. Councilman Jones moved that Bill No An ordinance amending Section Removal of unlawful signs in the public right-of-way or city property, by deleting it in its entirely and replacing it be read for a second time, seconded by Jones. Motion carried and Bill No was read for a second time. Councilman Lee moved that Bill No be read for a third time, seconded by Eagan. Motion carried and Bill No was read for a third and final time and placed upon its passage. Before the final vote all interested persons were given an opportunity to be heard. John Engelmeyer, 1281 Graham Rd., asked the Council to inform the residents of the purpose of this bill. Councilman Pagano explained that a sign in the city s right-of-way can now be removed without notice. Before the final vote all other interested persons were given another opportunity to be heard. Seeing none, on roll call the Council voted: Schmidt yes, Siam yes, Lee yes, Jones yes, Eagan yes, Caputa yes, Schildroth yes, Henke, yes and Pagano yes. Whereupon the Chair declared Bill No to have passed and said Bill became Ordinance No Packet page 11 of 170

12 City Council Meeting September 27, 2016 Page Councilman Henke moved to appoint Steve Siebe, 990 St. Francois, to the Landmark Historic District Commission as a member from Ward 6 for a term expiring on 9/27/2017, seconded by Eagan. Motion carried. Councilman Henke moved to appoint Steve Gettemeier, 1290 St. Antoine, to the Board of Adjustment as an alternate member from Ward 6 for a term expiring on 9/27/2021, seconded by Lee. Motion carried. Councilman Schmidt moved to approve a Full Package Liquor License for Hare Krishna, LLC d/b/a Magic Mart for the property located at New Halls Ferry Road, seconded by Siam. On roll call the Council voted: Schmidt yes, Siam yes, Lee yes, Jones yes, Eagan yes, Caputa yes, Schildroth yes, Henke yes and Pagano yes. The request for a liquor license was approved. Councilwoman Pagano introduced Bill No An ordinance appropriating the Community Development Block Grant (CDBG) Funds for the 2016 Fiscal Year for the City of Florissant and said Bill was read for the first time. Councilman Lee moved that Bill No be read for a second time for the purpose of discussion, seconded by Jones. Motion carried. Councilman Lee asked Carol O Mara, Director of Community Development, to explain whether the CDBG funds were for FY 2016 or Ms. O Mara explained that the Council had already approved the 2016 CDBG budget, but she was only now just receiving those funds. As a result, an appropriation was needed for the 2016 funds. The presentation given by the CPC for the upcoming 2017 Budget. Jamestown New Horizons and C.O.P.S. will be funded for 2016 and not for Councilman Lee moved that Bill No be postponed to 10/10/2016, seconded by Pagano. Motion carried. Councilwoman Pagano introduced Bill No An ordinance authorizing a Transfer of $15,000 from Acct. No Insurance, Fire & Liability to Acct. No Postage and Printing to cover an anticipated shortfall in postage for the balance of the fiscal year and said Bill was read for the first time by title only. Councilman Eagan moved that Bill No be read for a second time, seconded by Lee. Motion failed. Council as a Whole introduced Bill No An Ordinance amending Title VI, Section 605, by deleting Article XVII Residential Rental Real Estate in its entirety and replace it and providing for additional regulations and said Bill was read for the first time by title only. The next item on the Agenda was Council Announcements. Packet page 12 of 170

13 City Council Meeting September 27, 2016 Page Councilman Henke stated that Old Town Partners will be hosting the last Wednesday Night Out at Hendels. Councilman Caputa congratulated the Suicide Prevention Team in their recent successful event at St. Ferdinand Park. He encouraged fire arm owners to be responsible gun owners. He also stated that he did not appreciate the disrespect shown at the meeting to the veterans. Councilman Schildroth gave his condolences to the Kelly family on the loss of Constance Kelly, mother of the late Judge Tim Kelly. Councilman Eagan thanked all those who attended the recent Police Officer Association Golf Tournament. He stated that he would like to attend any Ward 3 Night Out parties that were being planned by the residents. Councilman Jones encouraged all residents to contribute/donate to TEAM. He reminded everyone that Estes and Cortez will be closed for approximately a month. The next item on the Agenda was Mayor Announcements. Mayor Schneider stated that Florissant was a very patriotic community. The Florissant VFW hosted a 9/11 ceremony on September 11 which was well attended by police, fire fighters, civic organizations and Councilmembers. Also, the 11/13 Veterans Days Parade route will be different this year, starting at Bangert Park and ending at the VFW Post. Old Town Partners will be hosting the last Wednesday Night Out at Hendels. The Fall Festival will be held on October 9 th on St. Francois Street. Bob Kuban will be performing this year. The D.A.R.E. 5-8 th graders will participate in the Halloween Dance and Costume Party at JFK on 10/21. On Halloween, the Eagan Center will be open for an indoor trick-or-treat night. Funds are being raised by the Save the Shrine Campaign which will go towards much needed repairs to the Shrine. The Shrine is one of the oldest Catholic Churches in the United States. The next City Council Meeting is scheduled for Monday, October 10th, 2016 at 7:30 pm. Councilman Schildroth moved to adjourn the meeting, seconded by Siam. Motion carried. The meeting was adjourned at 8:53 p.m. Karen Goodwin, City Clerk The following Bills were signed by the Mayor: Bill No Ord Packet page 13 of 170

14 City Council Meeting September 27, 2016 Page Packet page 14 of 170

15 COMMENDATIONS Detective Reiland & Detective Coder On January 30, 2016 Detective Reiland and Detective Coder received notification from the Division of Child Services that the medical staff at Children s Hospital had treated a two month old child from injuries that led them to believe the child was the victim of Child Abuse. The detectives began their investigation by interviewing the medical staff and determined that child had suffered several fractured ribs, fractured vertebrates and two skull fractures. The detectives then contacted the father of the child and after extensive investigation and a videotaped confession. As a result the St. Louis County Prosecuting Attorney s Office issued a warrant for the father for Child Abuse on January 31, 2016; One day after the report to the Florissant Police Department. Due to their determination, patience and excellent investigative skills they were able to remove a dangerous felon from the streets of the City of Florissant. They are hereby officially commended. Officer Dustin Edwards On March 29, 2016 officer Edwards observed a vehicle commit a traffic violation and upon checking the license plate he learned the vehicle was stolen from St. Louis County. When Officer Edwards attempted to stop the vehicle, the vehicle accelerated but lost control and ran off the roadway. Both occupants fled on foot but Officer Edwards was able to give chase and take the driver into custody. Further on May 24, 2016 Officer Edwards again witnessed a traffic violation which led him to conduct a computer inquiry on the license plate and again learned that this was another vehicle that was reported stolen from St. Louis County. When he attempted to stop the vehicle it fled and eventually stopped. Although the occupants all fled on foot Officer Edwards and other officers at the scene were able to take all suspects into custody. Due to Officer Edwards diligent patrol techniques and professional conduct, two stolen vehicles were recovered and several suspects were taken into custody. For his excellent police work he is hereby commended. Packet page 15 of 170

16 Officer Cushing & Officer Green On May 15, 2016 Officer Cushing and Officer Green responded to a call of home invasion where three subjects forced their way into a residence in the 1700 block of Kay Drive. Officer Green arrived first and put out the suspect and vehicle description. Officer Cushing located the vehicle leaving the area. Officer Cushing and Officer Green initiated a traffic stop on the vehicle and took the suspects into custody which were positively identified by the resident. A search incident to arrest resulted in the location of two handguns in the vehicle. Upon the officers arrival at the police station subsequent interviews resulted in written confessions for the suspects. The St. Louis County Prosecuting Attorney s Office issued warrants on the suspects for Burglary 1 st Degree, Armed Criminal Action, Assault 2 nd Degree and Felonious Restraint. Due to their excellent patrol work and subsequent follow-up investigation, dangerous felons were taken off the streets of Florissant. For their excellent police work they are hereby commended. Officer Beekman On June 4, 2016 Officer Beekman received a call for a Disturbance on Montclair Court. Upon his arrival he contacted the family who advised that a 48 year old family member had left in a highly emotional state and that they were concerned for his wellbeing. Officer Beekman was able to locate the subject who was straddling the railing of the westbound I270 Washington overpass. The subject was very upset and crying. Officer Beekman parked his vehicle and slowly approached the distraught individual attempting to calmly speak to him. When the subject swung his other leg over the railing in an obvious attempt to jump Officer Beekman was able to grab his shirt and shoulder and drag him back over the railing to the sidewalk. Due to his calm demeanor and decisive action he was able to save the life of an obviously suicidal person. For his professional and compassionate police work he is hereby formally commended. Packet page 16 of 170

17 Officer Edwards & Officer Smith On July 31, 2016 Officer Edwards received a call for a Robbery 1 st Degree on Mercury Drive. Upon his arrival he broadcasted a description of the wanted suspects. Officer Smith located two subjects matching the description and after a short foot pursuit Officer Smith arrested one suspect carrying a backpack that contained the handgun taken in the robbery, a replica handgun and a Stun Gun. Later at the police department Officer Edwards conducted a suspect interview which resulted in a full confession. Officer Edwards and Officer Smiths excellent police work and professional follow up investigation resulted in warrants being issued for Armed Robbery 1 st Degree and two counts of Armed Criminal Action. For their diligent follow up investigation and professional conduct they are hereby commended. Packet page 17 of 170

18 CERTIFICATE OF MERIT Officer Steve Michael & Officer Michael Kiefer On Thursday, August 25, 2016, Officer Michael observed a family of seven (mom/dad/5 kids) sitting in the rain with their belongings behind the 7-11 at 105 Dunn Road. Officer Michael began to talk to the mother and father and discovered that they used to live in Eureka, but recently fell on hard times. The father is a day laborer and the mother works at a fast food restaurant in Maryland Heights. They were staying at the Motel 6 on Dunn Road and paying cash day by day. They were told that they had to leave because the payment for the next night is due at 12pm, but the father could not get off work and pay until 2pm. Officer Michael spoke to Motel 6 management and to the corporate office, and after finding that they would not or could not change their policy, he paid out of his own pocket for one night s stay for the family. On Friday, August 26, 2016, Officer Michael made contact with the father and discovered that Motel 6 checked them out again because they could not pay until the father got off of work. Officer Michael and Kiefer started a collection, and in a very short amount of time raised enough funds-along with their own money that they contributed-to pay for a week s stay at the motel in 2 adjoining rooms since they are a family of seven. During the course of the week, Officer Michael and Kiefer have kept in contact with the mother and father, and are working with them and some of the local apartment complexes in an attempt to find more permanent housing for them. Office Michael and Kiefer have gone above and beyond to help this family in need find both temporary and permanent housing, and gave the department an excellent opportunity to create an even stronger bond between the police department and the community that we serve. Packet page 18 of 170

19 Officer Lessie Summers, Officer Kimberly Berry and Officer Dustin Owen Officers Summers, Berry, and Owen recently held the First Annual Florissant Police Department DARE Camp for thirty-five area 6 th, 7 th and 8 th graders. This camp created an unforgettable bond between the police department and the kids. The camp, which ran from a Sunday to a Thursday, included several activities including taking the kids to a St. Louis Cardinals baseball game, the Zoo, Science Center, and the JFK Aquatic Center. The officers facilitated several team building exercises, and created a small curriculum on how to make good choices. The camp ended on Thursday with a community barbeque for the kids, their parents, and the police department, and a kickball game played with several Florissant Police Officers. The camp was very well received by both the kids and their parents. Several of the kids had never attended a Cardinals game before, or attended a camp. After hearing about our DARE camp, several agencies reached out to our officers to get instruction on how to hold a camp in their jurisdictions next summer. Officers Summers, Berry and Owen worked very hard to put this camp together, and gave the department an excellent opportunity to create an even stronger bond between the police department and the community that we serve. Packet page 19 of 170

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134 INTRODUCED BY COUNCILWOMAN PAGANO SEPTEMBER 6 TH, 2016 SUBSTITUTE BILL NO ORDINANCE NO. AN ORDINANCE AMENDING TITLE IV, SECTION DEFINITIONS AND TITLE VI, SECTION DEFINITIONS OF THE FLORISSANT CITY CODE BY ADDING A DEFINITION OF EDUCATIONAL DEVELOPMENT CENTER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: Section 1: Section 405 is hereby amended by adding the definition of Educational Development Center in section Definitions to read as follows: Section Definitions Educational Development Center- A facility who holds themselves out as an providing educational services, pre or after school programs, summer educational camps, and having obtained a written determination from the State Division of Health and Senior Services that is not a Child Day Care Center, or having obtained partial funding from the State Department of Education and Secondary Education to provide such services. But such facilities shall not be allowed in a "shopping center". Section 2: This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law. Adopted this day of, Jackie Pagano President of the Council Approved this day of, Thomas P. Schneider Mayor ATTEST: Karen Goodwin, MMC/MRCC City Clerk Packet page 134 of 170

135 INTRODUCED BY COUNCILWOMAN PAGANO SEPTEMBER 6 TH, 2016 BILL NO ORDINANCE NO. AN ORDINANCE AMENDING TITLE IV, SECTION DEFINITIONS AND TITLE VI, SECTION DEFINITIONS OF THE FLORISSANT CITY CODE BY ADDING A DEFINITION OF EDUCATIONAL DEVELOPMENT CENTER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: Section 1: Section 405 is hereby amended by adding the definition of Educational Development Center in section Definitions to read as follows: Section Definitions Educational Development Center- A facility who holds themselves out as an providing educational services including tutoring, learning improvement, test improvement, pre or after school programs, summer educational camps, and having obtained a written determination from the State Division of Health and Senior Services that is not a Child Day Care Center, or having obtained partial funding from the State Department of Education and Secondary Education to provide such services. But such facilities shall not be allowed in a "shopping center". Section 2: This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law. Adopted this day of, Jackie Pagano President of the Council Approved this day of, Thomas P. Schneider Mayor ATTEST: Karen Goodwin, MMC/MRCC City Clerk Packet page 135 of 170

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144 INTRODUCED BY COUNCILWOMAN PAGANO SEPTEMBER 27, 2016 BILL NO ORDINANCE NO. AN ORDINANCE APPROPRIATING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2016 FISCAL YEAR FOR THE CITY OF FLORISSANT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS Section 1: The appropriation of the 2016 Fiscal Year Community Development Block Grant (CDBG) Funds for the City of Florissant is hereby approved. Section 2: The expenditures of the Community Development Budget for the 2016 fiscal year are hereby approved as follows: CDBG 2016 ACTUAL Financial Summary FY2016 CDBG Program Community Development Block Grant Resources Entitlement Amount Actual $223, Total FY Actual Funding $223, Proposed Uses of CDBG Funds Housing Programs Home Improvement Program Acct # $116, Home Improvement Program Mechanical Acct # $ 40, C.O.P.S. Acct # $ 10, Public Services Jamestown New Horizons Acct # $ 2, Mortgage, Rental & Utility Assistance (MRU Assist) $ 10, Acct # Grant Administration Administration Acct # $ 44, Total $223, Packet page 144 of 170

145 Section 3: This ordinance shall be in full force and effect immediately upon its passage and approval. Adopted this day of, Jackie Pagano President of the Council Approved this day of, ATTEST: Thomas P. Schneider Mayor Karen Goodwin, MMC/MRCC City Clerk Packet page 145 of 170

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148 INTRODUCED BY COUNCILWOMAN PAGANO SEPTEMBER 27, 2016 BILL NO ORDINANCE NO. ORDINANCE AUTHORIZING A TRANSFER OF $15,000 FROM ACCOUNT NO INSURANCE, FIRE & LIABILITY TO ACCOUNT NO POSTAGE AND PRINTING TO COVER AN ANTICIPATED SHORTFALL IN POSTAGE FOR THE BALANCE OF THE FISCAL YEAR. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: Section 1: There is hereby authorized a transfer of $15,000 from Account no Insurance, Fire & Liability to account no Postage and Printing to cover an anticipated shortfall in postage for the balance of the fiscal year. Section 2: This ordinance shall become in force and effect immediately upon its passage and approval. Adopted this day of, Jackie Pagano President of the Council City of Florissant Approved this day of, Thomas P. Schneider Mayor, City of Florissant ATTEST: Karen Goodwin, MMC/MRCC City Clerk Packet page 148 of 170

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150 INTRODUCED BY COUNCIL AS A WHOLE SEPTEMBER 6, 2016 SUBSTITUTE BILL NO ORDINANCE NO. AN ORDINANCE AMENDING TITLE VI, SECTION 605, BY DELETING ARTICLE XVII RESIDENTIAL RENTAL REAL ESTATE IN ITS ENTIRETY AND REPLACING IT AND PROVIDING FOR ADDITIONAL REGULATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: Section 1: Chapter 605, Article XVII Residential Rental Real Estate is hereby deleted in its entirety and replaced with the following: Chapter 605 Business Regulations Article XVII: Residential Rental Real Estate Section Purpose. The goal of the City of Florissant Residential Rental Housing Program is to create a crime-free housing program and increase the quality of life of residents by partnering the City with Owners, Landlords and Managing Agents to decrease the incidents of public safety/nuisance/code violations and criminal activity in rental properties. This program will collect current and accurate information identifying existing Rental Properties, Owners, Landlords, and Managing Agents in the City of Florissant. This information shall be used by the Police Department and the Department of Public Works to perform their respective duties. It is not the intent of this Article and it shall not be construed or enforced in any manner which would affect the tenancy of a Tenant whose only involvement in an incident has been as the victim of a crime. Section Definitions. For the purpose of this Article, the following terms, phrases and words shall have the meanings given herein and shall apply in the interpretation and enforcement of this Chapter unless otherwise specifically stated: Packet page 150 of 170

151 DWELLING Any building or portion thereof which is designed or used for dwelling purposes. DWELLING, DUPLEX A detached building designed for or occupied by two (2) families living independently of each other. DWELLING, MULTIPLE A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, apartment hotels and group houses. DWELLING, ONE-FAMILY A detached building designed for or occupied exclusively by one (1) family. DWELLING UNIT A building or portion thereof which is designed or used for residential dwelling by a single family unit; (i.e. a single family house is one dwelling unit, a duplex constitutes two dwelling unit, a four family constitutes four dwelling units, a multi-dwelling constitutes multiple dwelling units). OWNER The owner of record of residential rental property, whether an individual(s), trust, partnership or corporation. PUBLIC NUISANCE Shall include, but not be limited to, lewd and lascivious behavior, loud music and/or noises (Section ), failure to maintain property (Section , Ch. 510), graffiti (Section ), garbage/rubbish/litter (Sections , ), tall weeds and grass (Section ), property having physical conditions that threaten a person's health/safety/welfare (Section ), having a dangerous building and/or conditions that threaten the physical health of a person (Sections and ), rodent and insect infestation (Section ), having derelict vehicles and/or equipment (Section ), having flammable and/or hazardous materials which may endanger public safety (Section ), unlicensed or inoperable vehicle(s) not contained within an enclosed area (Section and ), and obstructing surface storm water drainage (Section ). RESIDENTIAL RENTAL PROPERTY Dwellings, duplex dwellings, multiple dwellings and one-family dwellings occupied by or offered for rent, lease or occupancy to any person(s), who otherwise qualify for an occupancy permit, who are not the owners of record of said property. Section Residential Rental License/Exemption. A. License Required. No person shall permit occupancy of or offer for rent/lease, without a residential rental license issued pursuant to this Article, any residential rental property within the City of Florissant to any person(s), as principal occupant(s), who are not the record owner(s) of the property or approved as exempt occupants under provisions of this Article. B. Exemption. No residential rental license shall be required for non-owner occupancy of residential property where the principal occupant(s) of the residential property are beneficial owner(s) of the property or are related to the owner of the residential property within the second degree of consanguinity. An exemption to the requirement for a residential rental license for a Packet page 151 of 170

152 particular parcel of residential rental property shall be established by filing with the Director of Public Works, on forms prescribed thereby, a declaration setting forth the name, street address, telephone number and a copy of a Federal or State issued identification of the owner of record of such residential rental property, signed thereby and the name of the principal occupant of the property and the basis for an exemption. Such exemption shall remain valid and need not be renewed unless the circumstances of exemption change or cease, but the Director of Public Works may periodically request verification of continuing qualifications for exemption status. Section License Application/Amendment. A. Application for a license required by Section shall be filed annually in the office of Public Works by the earlier of: 1. January thirty-first (31st) of each calendar year for all residential rental property owned on January first (1st) of that year, or 2. For later acquired residential rental property, prior to permitting any occupancy of or any offering thereof for rent/lease by the owner to the Director of Public Works and shall set forth the name, street address, telephone number and a copy of a Federal or State issued identification of the owner of record of such residential property, signed thereby and shall list by street address each and every parcel of residential rental property owned by that owner that is located in the City of Florissant. If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage and make expenditures of said property. The owner, property manager or authorized representative must reside within 50 miles of the City of Florissant. A post office box, address, mailing address, or long distance toll free (e.g. 800) numbers shall not be deemed sufficient to meet the provisions of this Ordinance. B. In the event of any change of circumstances subsequent to the filing of an application that would result in a change in the information required by the application, the owner shall promptly file an amendment of such application on forms as specified by the Director of Public Works. Section Application Requirements and Crime Free Housing. A. All applicants shall have and maintain a Crime Free Housing Certificate from the City of Florissant, as administered by the Florissant Police Department or from another city, meeting all the criteria of the nationally accepted Crime Free Housing Program. The Chief of Police may issue such rules and regulations as deemed necessary to administer the Crime Free Housing Program for the City of Florissant, which shall be given at no charge. B. All Owners, Landlords, or Managing Agents are encouraged to conduct a US Comprehensive Background Search on all prospective Tenants and occupants age 18 and over prior to executing a lease or rental agreement. The search may go back seven (7) years including all known addresses, and should also check nationally recognized sex offender registration websites. The Owner, Landlord or Managing Agent may conduct this search, or may have a reputable agency Packet page 152 of 170

153 conduct this search at own expense, and the Owner, Landlord and Managing Agent are encouraged to refer to HUD, Guidance on Application for Fair Housing Act Standards to the use of criminal records by providers of housing and real estate related transactions or similar materials. C. The Crime Free Rental Agreement Addendum shall be completed and signed by the Owner / Landlord / Managing Agent and the Tenants / Occupants of age 18 or older prior to the issuance of an occupancy permit. Section Fees and Renewals. The annual fee for each calendar year or portion thereof for the license required by this Article shall be fifty dollars ($50.00) per owner per each residential dwelling unit in the City of Florissant due and payable at the time of application. Licenses renewals are due by the end of January of each year. A delinquency fee, calculated at the rate of two dollars ($2.00) for each month after January 31 st or portion thereof, shall be assessed for late payment of an application fee but may be waived by the Director of Public Works for good cause shown. The annual rental license fee shall be waived for persons related to the owner of the property within the second degree of consanguinity. Section Occupancy Prohibited. Unless and until the annual application is filed by the owner, together with all necessary accompanying documents, and all fees due hereunder are paid in full and all outstanding fines imposed by the Florissant Municipal Court for any housing or Building Code violations by such owner are paid in full, no residential rental license shall be issued to such owner nor shall any new occupancy permit be issued for the occupancy of any parcel of residential rental property of such owner. Failure to obtain and maintain a valid residential rental license shall constitute grounds for the revocation or cancellation of all outstanding occupancy permits issued for any parcels of residential rental property of such owner associated with said rental license. No new occupancy permit shall be required if the occupancy remains the same for any parcel of residential rental property purchased or obtained. Section Rules. The Director of Public Works may issue such rules and regulations as deemed necessary to implement this Article and the policies contained herein. Section Suspension and Revocation. A. Residential rental licenses may be suspended or revoked under the following conditions: 1. A license may be suspended if property is found to be out of compliance with property maintenance codes and corrections are not made to bring the property back into compliance within thirty (30) days from the date of notice of non-compliance. 2. A license may be suspended if a landlord is found to have made material false statements on their application or failed to report a change of occupancy on the property listed on the license in question. Packet page 153 of 170

154 A license may be suspended or revoked if within a twelve month period the landlord has been notified of three (3) or more acts of unreasonable conduct by the tenants or other persons on the property which constitute a public nuisance to neighbors or the neighborhood or a danger to public health, safety or welfare. 4. A license may be suspended or revoked for the act, commission or perpetration of a felony crime (under Federal or State laws) or a Class A misdemeanor (under Federal, State or local laws) or Florissant municipal ordinance violations, by owner, tenants or guests of occupants on or about the property or the immediately surrounding areas or anywhere within the city limits of the City of Florissant including, but not limited to, the following; Offenses as set forth in Chapter 210 of the Florissant Municipal Code; Nuisances as set forth in Chapter 213 of the Florissant Municipal Code Assault 3 rd degree; Property Damage Drug offenses; Stealing; Weapon offenses; or Gang activities. 5. A license may be revoked if the landlord has more than two (2) suspensions of their license in any twelve (12) month timeframe. 6. As a matter of public health and safety, a license may be suspended or revoked in the event that the landlord, property owner or tenant using water, gas, electric, sanitary sewer service or solid waste collection service fails to restore these utility services within fourteen (14) calendar days after receiving notice from the City that the utility bill is delinquent for two (2) or more months and the utility service provider is stopping service. B. Once a license has been suspended, the landlord may not apply for reinstatement until the circumstances giving rise to the suspension have been resolved to the satisfaction of the City and approved by the Director of Public Works, and the landlord pays One Hundred Dollars ($100) for the re-inspection of each unit that was the subject of the suspension and for the reinstatement of the residential rental license. C. Once a license has been revoked, the landlord may not apply for reinstatement until the circumstances giving rise to the revocation have been resolved to the satisfaction of the City and approved by the Director of Public Works, the re-inspection of the property subject to the revocation is completed and found to be in compliance, and the landlord pays Two Hundred Dollars ($200) for the re-inspection of each unit that was subject to the revocation and for the reinstatement of the residential rental license. D. Any appeal of a suspension or revocation must be made in writing to the Director of Public Works or their designee within ten (10) working days of notification of suspension or revocation. The Director of Public Works will hold a hearing and issue written findings of such hearing within thirty (30) days. Packet page 154 of 170

155 Section 2: This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law. Adopted this day of, Jackie Pagano President of the Council Approved this day of, Thomas P. Schneider Mayor ATTEST: Karen Goodwin, MMC/MRCC City Clerk Packet page 155 of 170

156 INTRODUCED BY COUNCIL AS A WHOLE SEPTEMBER 6, 2016 BILL NO ORDINANCE NO. AN ORDINANCE AMENDING TITLE VI, SECTION 605, BY DELETING ARTICLE XVII RESIDENTIAL RENTAL REAL ESTATE IN ITS ENTIRETY AND REPLACING IT AND PROVIDING FOR ADDITIONAL REGULATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORISSANT, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: Section 1: Chapter 605, Article XVII Residential Rental Real Estate is hereby deleted in its entirety and replaced with the following: Chapter 605 Business Regulations Article XVII: Residential Rental Real Estate Section Purpose. The goal of the City of Florissant Residential Rental Housing Program is to create a crime-free housing program and increase the quality of life of residents by partnering the City with Owners, Landlords and Managing Agents to decrease the incidents of public safety/nuisance/code violations and criminal activity in rental properties. This program will collect current and accurate information identifying existing Rental Properties, Owners, Landlords, and Managing Agents in the City of Florissant. This information shall be used by the Police Department and the Department of Public Works to perform their respective duties. It is not the intent of this Article and it shall not be construed or enforced in any manner which would affect the tenancy of a Tenant whose only involvement in an incident has been as the victim of a crime. Section Definitions. For the purpose of this Article, the following terms, phrases and words shall have the meanings given herein and shall apply in the interpretation and enforcement of this Chapter unless otherwise specifically stated: Packet page 156 of 170

157 DWELLING Any building or portion thereof which is designed or used for dwelling purposes. DWELLING, DUPLEX A detached building designed for or occupied by two (2) families living independently of each other. DWELLING, MULTIPLE A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, apartment hotels and group houses. DWELLING, ONE-FAMILY A detached building designed for or occupied exclusively by one (1) family. DWELLING UNIT A building or portion thereof which is designed or used for residential dwelling by a single family unit; (i.e. a single family house is one dwelling unit, a duplex constitutes two dwelling unit, a four family constitutes four dwelling units, a multi-dwelling constitutes multiple dwelling units). OWNER The owner of record of residential rental property, whether an individual(s), trust, partnership or corporation. PUBLIC NUISANCE Shall include, but not be limited to, lewd and lascivious behavior, loud music and/or noises (Section ), failure to maintain property (Section , Ch. 510), graffiti (Section ), garbage/rubbish/litter (Sections , ), tall weeds and grass (Section ), property having physical conditions that threaten a person's health/safety/welfare (Section ), having a dangerous building and/or conditions that threaten the physical health of a person (Sections and ), rodent and insect infestation (Section ), having derelict vehicles and/or equipment (Section ), having flammable and/or hazardous materials which may endanger public safety (Section ), unlicensed or inoperable vehicle(s) not contained within an enclosed area (Section and ), and obstructing surface storm water drainage (Section ). RESIDENTIAL RENTAL PROPERTY Dwellings, duplex dwellings, multiple dwellings and one-family dwellings occupied by or offered for rent, lease or occupancy to any person(s), who otherwise qualify for an occupancy permit, who are not the owners of record of said property. Section Residential Rental License/Exemption. A. License Required. No person shall permit occupancy of or offer for rent/lease, without a residential rental license issued pursuant to this Article, any residential rental property within the City of Florissant to any person(s), as principal occupant(s), who are not the record owner(s) of the property or approved as exempt occupants under provisions of this Article. B. Exemption. No residential rental license shall be required for non-owner occupancy of residential property where the principal occupant(s) of the residential property are beneficial owner(s) of the property or are related to the owner of the residential property within the second degree of consanguinity. An exemption to the requirement for a residential rental license for a Packet page 157 of 170

158 particular parcel of residential rental property shall be established by filing with the Director of Public Works, on forms prescribed thereby, a declaration setting forth the name, street address, telephone number and a copy of a Federal or State issued identification of the owner of record of such residential rental property, signed thereby and the name of the principal occupant of the property and the basis for an exemption. Such exemption shall remain valid and need not be renewed unless the circumstances of exemption change or cease, but the Director of Public Works may periodically request verification of continuing qualifications for exemption status. Section License Application/Amendment. A. Application for a license required by Section shall be filed annually in the office of Public Works by the earlier of: 1. January thirty-first (31st) of each calendar year for all residential rental property owned on January first (1st) of that year, or 2. For later acquired residential rental property, prior to permitting any occupancy of or any offering thereof for rent/lease by the owner to the Director of Public Works and shall set forth the name, street address, telephone number and a copy of a Federal or State issued identification of the owner of record of such residential property, signed thereby and shall list by street address each and every parcel of residential rental property owned by that owner that is located in the City of Florissant. If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage and make expenditures of said property. The owner, property manager or authorized representative must reside within 50 miles of the City of Florissant. A post office box, address, mailing address, or long distance toll free (e.g. 800) numbers shall not be deemed sufficient to meet the provisions of this Ordinance. B. In the event of any change of circumstances subsequent to the filing of an application that would result in a change in the information required by the application, the owner shall promptly file an amendment of such application on forms as specified by the Director of Public Works. Section Application Requirements and Crime Free Housing. A. All applicants shall have and maintain a Crime Free Housing Certificate from the City of Florissant, as administered by the Florissant Police Department or from another city, meeting all the criteria of the nationally accepted Crime Free Housing Program. The Chief of Police may issue such rules and regulations as deemed necessary to administer the Crime Free Housing Program for the City of Florissant, which shall be given at no charge. B. All Owners, Landlords, or Managing Agents are encouraged to conduct a US Comprehensive Background Search on all prospective Tenants and occupants age 18 and over prior to executing a lease or rental agreement. The search may go back seven (7) years including all known addresses, and should also check nationally recognized sex offender registration websites. The Packet page 158 of 170

159 Owner, Landlord or Managing Agent may conduct this search, or may have a reputable agency conduct this search at own expense. C. The Crime Free Rental Agreement Addendum shall be completed and signed by the Owner / Landlord / Managing Agent and the Tenants / Occupants of age 18 or older prior to the issuance of an occupancy permit. Section Fees and Renewals. The annual fee for each calendar year or portion thereof for the license required by this Article shall be fifty dollars ($50.00) per owner per each residential dwelling unit in the City of Florissant due and payable at the time of application. Licenses renewals are due by the end of January of each year. A delinquency fee, calculated at the rate of two dollars ($2.00) for each month after January 31 st or portion thereof, shall be assessed for late payment of an application fee but may be waived by the Director of Public Works for good cause shown. The annual rental license fee shall be waived for persons related to the owner of the property within the second degree of consanguinity. Section Occupancy Prohibited. Unless and until the annual application is filed by the owner, together with all necessary accompanying documents, and all fees due hereunder are paid in full and all outstanding fines imposed by the Florissant Municipal Court for any housing or Building Code violations by such owner are paid in full, no residential rental license shall be issued to such owner nor shall any new occupancy permit be issued for the occupancy of any parcel of residential rental property of such owner. Failure to obtain and maintain a valid residential rental license shall constitute grounds for the revocation or cancellation of all outstanding occupancy permits issued for any parcels of residential rental property of such owner associated with said rental license. No new occupancy permit shall be issued for any parcel of residential rental property purchased or obtained. Section Rules. The Director of Public Works may issue such rules and regulations as deemed necessary to implement this Article and the policies contained herein. Section Suspension and Revocation. A. Residential rental licenses may be suspended or revoked under the following conditions: 1. A license may be suspended if property is found to be out of compliance with property maintenance codes and corrections are not made to bring the property back into compliance within thirty (30) days from the date of notice of non-compliance. 2. A license may be suspended if a landlord is found to have made material false statements on their application or failed to report a change of occupancy of any property owned or managed by licensee. 3. A license may be suspended or revoked if within a twelve month period the landlord has been notified of three (3) or more acts of unreasonable conduct by the tenants or other persons on the Packet page 159 of 170

160 property which constitute a public nuisance to neighbors or the neighborhood or a danger to public health, safety or welfare. 4. A license may be suspended or revoked for the act, commission or perpetration of a felony crime (under Federal or State laws) or a Class A misdemeanor (under Federal, State or local laws) or Florissant municipal ordinance violations, by owner, tenants or guests of occupants on or about the property or the immediately surrounding areas or anywhere within the city limits of the City of Florissant including, but not limited to, the following; Offenses as set forth in Chapter 210 of the Florissant Municipal Code; Nuisances as set forth in Chapter 213 of the Florissant Municipal Code Assault 3 rd degree; Property Damage Drug offenses; Stealing; Weapon offenses; or Gang activities. 5. A license may be revoked if the landlord has more than two (2) suspensions of their license in any twelve (12) month timeframe. 6. As a matter of public health and safety, a license may be suspended or revoked in the event that the landlord, property owner or the person using water, gas, electric, sanitary sewer service or solid waste collection service fails to pay for the water service, gas service, electric service, sanitary sewer service or the solid waste collection service for the property after receiving a notice that the provider of the water, gas, electric, sanitary sewer or solid waste collection service is stopping service, and further fails to have the water, gas, electric, sanitary sewer or solid waste collection services resulting in the reinstatement of such services after being notified by the service provider and the City of the obligation to pay for such utility services. B. Once a license has been suspended, the landlord may not apply for reinstatement until the circumstances giving rise to the suspension have been resolved to the satisfaction of the City and approved by the Director of Public Works, and the landlord pays One Hundred Dollars ($100) for the re-inspection of each unit that was the subject of the suspension and for the reinstatement of the residential rental license. C. Once a license has been revoked, the landlord may not apply for reinstatement until the circumstances giving rise to the revocation have been resolved to the satisfaction of the City and approved by the Director of Public Works, the re-inspection of the property subject to the revocation is completed and found to be in compliance, and the landlord pays Two Hundred Dollars ($200) for the re-inspection of each unit that was subject to the revocation and for the reinstatement of the residential rental license. D. Any appeal of a suspension or revocation must be made in writing to the Director of Public Works or their designee within five (5) working days of notification of suspension or revocation. Packet page 160 of 170

161 The Director of Public Works will hold a hearing and issue written findings of such hearing within ten (10) days. Section 2: This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law. Adopted this day of, Jackie Pagano President of the Council Approved this day of, Thomas P. Schneider Mayor ATTEST: Karen Goodwin, MMC/MRCC City Clerk Packet page 161 of 170

162 Packet page 162 of 170