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City Council

Regular Meeting

St. Charles, MO · August 22, 2025

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RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI Augtsl22, 2025 The City Council convened in a Special City Council Meeting on Friday, Auglst 22,2025 at 2:00 p.m. in the Council Chambers on the fourth floor of City Hall, 200 North Second Street, Saint Charles, Missouri with President of the Council Michael Galba, presiding and Members of the Council were present as follows: Justin Foust, Brian Gould, Bart Haberstroh, Mark Hollander, Steve Hollander, Denise Mitchell, Bill Ouo, Vince Ratchford and Mary West. City Clerk Kimberly Hudson was present and performed the duties of that office. Flle #49361 The meeting was opened with the Invocation, those present standing in a moment of silence, followed by the Pledge of Allegiance to the Flag. PUBLIC COMMENTS Mark Femmer, 34 Arbor Point Court, St. Charles, Missouri, representing Operators Local 513 spoke relative to Data Center and Resolution 4.A Sally Coleman, 16 Hanover Hills Ct. St. Charles, Missouri, spoke against the Data Center Rob Schneider, 830 St. Charles Ave., St. Charles, Missouri, spoke in favor of Resolution 4.A and protecting water supply Dan Hrin, 2913 Marbach Ct., St. Charles, Missouri, spoke in favor of Resolution 4.A Molly Schad, 3432 Mackey Wherry St., St. Charles, Missouri, spoke against the Data Center Scott Tate, 3211 Cog Wheel Station, St. Charles, Missouri, representing St. Charles Regional Chamber, spoke against Resolution 4.A Tom Sinopole,4l6 Lindenwood Ave., St, Charles, Missouri, spoke against the Data Center Theresa Lintzenich, 229 Tompkins St., St. Charles, Missouri, spoke against the Data Center Amie C. AC "Honest Abe" Dienoff, PO Box #1535, O'Fallon, Missouri, representing City/County Advocate, spoke in favor of Resolution 4.A Nancy Delcour, 1758 Winding Glen Dr., St. Charles, Missouri, spoke in favor of Resolution 4.A John Henderson, spoke in favor of Resolution 4.A I RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES, MISSOURI Augtst22,2025 RESOLUTIONS A RESOLUTION IMPOSING A ONE.YEAR MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS RELATING TO THE ESTABLISHMENT OR EXPANSION OF DATA CENTERS (SPONSORS: BILL OTTO, MARK HOLLANDER, VINCE RATCHFORD, MARY IT/EST, DENISE MITCHELL, JUSTIN FOUST, BRIAN GOULD, MICHAEL GALBA, BART HABERSTROH AND STEVE HOLLANDER) Councilmember Denise Mitchell made the following comment: The entire Council came together to sponsor this one year moratorium. This is a proactive, responsible step to protect the health, safety and character of our City and it speaks volumes about the Council's shared commitment to getting this right. We all understand that growth is important but, it must be managed carefully, with honesty, integrity and community input at the forefront. This moratorium gives us the time we need to work closely with staff to fully evaluate the potential effects of data centers on infrastructure, on neighborhoods, on the environment and to study best practices from other communities. It also allows us to make sure our Zoning Code and development standards are updated to reflect what is best for St. Charles, not just today, but for the future. Although it has been a challenging couple of weeks for all of us, I would like to take a moment to say how proud we are of our community. You've shown up. You've asked thoughtful questions. You've stayed informed and engaged. That's exactly what democracy should look like and I am honored to be a part ofthat process and represent you. Councilmember Mark Hollander made the following comment: I was quiet this past council meeting. I wanted to take in all the public comments. Over the past couple of weeks, we have become ten individual Councilmembers. We have all been working hard to listen to harsh words, pointed questions and to overcome frustrations. I was frustrated that we were not given the chance to vote on the Conditional Use Permit and be offered the opportunity to show our residents our stance. Now we have an opportunity to respond to our residents by our actions and our decisions. I personally have retumed over two hundred emails, 2 RECORD OF THE COLINCIL OF THE CITY OF SAINT CHARLES, MISSOURI Au,glusl22,2025 voicemails and text messages over the last weeks and I have done my best to truly hear the voices ofour citizens. I know that each ofour Councilmembers have done the same. Although we don't always agree on every topic and frequently debate issues and vote accordingly, I know our shared passion is to make St. Charles better. Together that can be accomplished and I look forward to the diversity of our ward representation but with a singular focus on transparency, forward thinking and progress. I feel that today's action is a great first step towards bringing the ten of us back together. Councilmember Michael Galba made the following comment: I want to thank my fellow Councilmembers for coming together in unison to get this moratorium put in place as soon as possible and for taking time out to attend this special meeting. I would like to thank staff and legal for also making this a top priority in tuming this around so quickly. This is the first step and I look forward to working with my fellow Councilmembers, staff and residents in the future. Councilmember Justin Foust made the following comment: I apologize if I look a little tired. I went on vacation yesterday and drove three hours today to make sure I made this meeting. Everyone showed up, it is important that everyone show up. You all show up, so it is our job to show up when votes count. After the applicant withdrew their application City Council requested staffto place a moratorium on any future applications related to data centers for one year. This action pauses any new development proposals for data centers. This will allow myself and other Councilmembers to review whether stricter protections are needed to safeguard the entire city. Yesterday while I travelled out of town, I was asked if we could make this Special Council meeting work and I said, absolutely, I think everyone needs to be there. I am proud of everyone for showing up. I know everybody has regular jobs and businesses, so it $eat to see you all. Over the past few months, I have spoken with hundreds of residents, including neighbors who live directly behind the property. I have assured my ward that they have the right representation to keep their community safe and thriving. I am proud of how J RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES. MISSOURI August22,2025 St. Charles came together. You stood up, engaged and remained respectful through the process. Behind the scenes many people worked tirelessly on behalfofyou all and the residents and today we take an important step forward. Let me reiterate, because some people are saying St. Charles is not open for business, that is not true. St. Charles is open for business, but only for businesses that are transparent and want to clearly show how their projects benefit our residents and community. So, my last statement is, let's take a deep breath, enjoy the start of the school year with our families and be proud ofthe elected officials up here, who heard your voices and called this special session, ensuring your issues were addressed regarding any new data center applications that could even come before Council. Thank you everybody for showing up today. Councilmember Bart Haberstroh made the following comment: I want to extend my appreciation to all my constituents as well as many citizens who have contacted me regarding this Cumulus project. After several months of combing over promises this project would bring to our City, I determined this delicate acreage needed to be preserved and protected. Unforhrnately, I regret that it is was perceived by some that there was some kind of secrecy going around the project. As the research continued on this project including Planning & Zoning open meetings that voted down a Conditional Use Permit in the Wellhead District is as transparent as you can expect. I am very much pro-business but opposed to this project location. I appreciate the community always showing up, keeping up and stepping up, that's what makes us so great. Passed "Aye": Galb4 Gould, Haberstroh, M. Hollander, S. Hollander, Mitchell, Otto, Ratchford, West and Foust 'Nay": None Absent: None Approved by lhe Honorable Mayor on August 22, 2025 and is known as Resolution Rjl5-014 City Attorney Holly Magdziarz thanked staff who worked hard to prepare this Resolution 4 RECORD OF THE COUNCIL OF THE CITY OF SAINT CHARLES. MISSOURI August22,2025 quickly, especially Zach Tusinger who was not able to be here now but was instrumental in getting this done quickly. MARK HOLLANDER made a motion to adjourn. BILL OTTO seconded the motion. All voted in favor. Motion passed. The Special Session olthe City Council adjoumed at 2:32 p.m. Date pproved berly City erk Michael Galba, Presiding Officer )

Agenda

AGENDA Special Session of the City Council Of the City of Saint Charles, Missouri City Hall, Council Chambers 200 North Second Street, Saint Charles, Missouri Friday, August 22,2025 2:00 p.m. All persons who desire to provide public comment must complete a Speaker's Card in its entirety and present it to the Cify Clerk prior to the 2:00 p.m. start of the Special Session of the City Council to be eligible to speak. TO: COUNCILMEMBERS: Bill Otto, Ward 1 Justin Foust, Ward 6 Mark Hollander, Ward2 Brian Gould, Ward 7 Vince Ratchford, Ward 3 Michael Galba, Ward 8 Mary West, Ward 4 Bart Haberstroh, Ward 9 Denise Mitchell, Ward 5 Steve Hollander, Ward 10 You are hereby notified that a Special Session of the City Council of the City of Saint Charles, Missouri has been called by Councilmember Michael Galba, Councilmember Vince Ratchford, Councilmember Denise Mitchell and Councilmember Justin Foust to be held on Friday, August 22,2025, at City Hall, Council Chambers, 200 North Second Street, Saint Charles, Missouri. The Special Session is called for the following reasons: 1. ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 1 J. PUBLIC COMMENTS - 3 Minute Limit Per Person The Public Comment portion of the meeting is an opportunity for the City Council to listen to comments from the public. It is not a question and answer session and the Mayor and City Council will not respond to comments or answer questions during this period. The Mayor or the City Council may refer any matter brought up to the Director of Administration or City Clerk if action is needed. A btzzer or notification will sound when three minutes have elapsed. All persons who desire to provide Public Comment shall complete a Speaker's Card in its entirety and present it to the City Clerk prior to the scheduled start of the City Council Meeting. 4 RESOLUTIONS A. A RESOLUTION IMPOSING A ONE-YEAR MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS RELATING TO THE ESTABLISHMENT OR EXPANSION OF DATA CENTERS (SPOIVSOTRS: BILL OTTO, MARK HOLLANDER, VINCE RATCHFORD, MARY WEST, DENISE MITCHELL, JUSTIN FOUST, BRIAN GOULD, MICHAEL GALBA, BART HABERSTROH AND STEVE HOLLANDER) 5. ADJOURNMENT I The City of St. Charles offers all interested citizens the opportunity to attend public meetings and comment on public matters. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of the City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949- 3282. The City of St. Charles, Missouri, fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information, or to obtain a Title VI Complaint Form, please call the City Clerk's Office at (636)949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. Posted: Thursday, August 21, 2025 - 2:00 P.M. 2 RCA FORM (OFFTCE USE ONLY) Bilr #_N!_J_]L_ MEETING/DA 8t22t2025 Regular fl Special I Work Session! ATTACHMENT: YES NO a Request for Council Action Report I Resolution a Ordinance Ward(s): All Sponsor(s) Description: Consideration of a resolution imposing a one-year moratorium on the acceptance of applications relating to the establishment or expansion of data centers. ContractExtension/Renewal: Yes Information Paper Attached: Yes tr NoE NoE Staff Recommendation: Approve V Disapprove Board/Committee/Commission Recommendation : Approve tr Disapprove Summary: The recent data center proposal has generated significant interest and concern by the community. Due to the concerns raised about data centers, staff has prepared a resolution that would impose a one-year moratorium on the acceptance by the City of any applications or permits relating to the establishment or expansion of data centers in the City of St. Charles. This moratorium would give the City time to evaluate the potential effects of data centers, research best practices, and consider changes to the Zoning Code and other standards designed to protect the health, safety, and general welfare of the community, as well as to ensure consistency and fairness by preventing nonconforming uses. The moratorium would go into effect immediately on August 22,2025 if passed at the August 22 meeting. Budget Impact: (revenue generated, estimated cost, CIP item, etc.) f iscal N/A N/A Account g; N/A Proj ss14; N/A RCA prepared by: ZT Dept. Dir Finance Dir \-l I Fr Dir. or ea.,m$ft-6,Ifl Resolution No Sponsors: Bill Otto, Mark Hollander, Vince Ratchford, Mary West, Denise Mitchell, Justin Foust, Brian Gould, Michael Galba, Bart Haberstroh, Steve Hollander A RESOLUTION IMPOSING A ONE-YEAR MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS RELATING TO THE ESTABLISHMENT OR EXPANSION OF DATA CENTERS. Whereas, the City Council of the City of St. Charles from time to time reviews its ordinances to ensure that laws, development regulations, and processes preserve the quality of life for residents; and Whereas, Under Section 400.020 of the ZoningCode, for the purposes of "promoting safety, morals and general welfare of the community" the City Council "places regulations and restrictions upon the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the preservation of features of historical significance and the location and use of buildings, structures and land for trade, industry, residence or other purposes"; and Whereas, data centers are currently considered a warehouse use under the City's Zoning Code (Chapter 400); and Whereas it is acknowledged that there is considerable interest and concern on the part of residents of the City of St. Charles related to the possible development of data centers within the City; and Whereas, because of possible effects of data centers on the community, the City Council intends to consider revisions to the Zoning Code and other standards designed to protect the health, safety, and general welfare of the community; and Whereas, current zoning and development standards may not adequately address the unique characteristics, demands, and potential cumulative effects of data centers, which are a rapidly growing and evolving land use across the United States; and Whereas, the City Council believes it is necessary for a one-year moratorium on the acceptance or processing of applications or permits pertaining or related to the establishment or expansion of any data center uses, including, but not limited to, applications for building permits, site plan & architectural reviews, variances, flood plain development permits, conditional use permits, grading permits, and occupancy permits; and Whereas, a moratorium will allow City staff the necessary time to study the issue and make recommendations to the City Council regarding revisions to the Zoning Code and other standards related to data centers, and ensure consistency and fairness by preventing nonconforming uses that could undermine a comprehensive zoning plan; and 1. Whereas, the City Council supports a one-year moratorium on the City's acceptance and processing of all applications or permits pertaining or related to the establishment or expansion of any data center uses, with said moratorium to be effective from the passage of this resolution by the City Council, for a period of one year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ST. CHARLES MISSOURI, AS FOLLOWS: SECTION L The City of St. Charles, Missouri, hereby supports and authorizes a moratorium on the acceptance or processing of any applications or pennits of applications pertaining to the establishment or expansion of any data center uses, including, but not limited to, applications for building permits, site plan & architectural reviews, variances, flood plain development permits, conditional use permits, grading permits, and occupancy permits, with said moratorium to run from the date of passage for a period ofone year. SECTION 2. For the purposes of this Resolution,"data center" shall mean a building, group of buildings or facility whose primary use is data processing or data storage, and is used to house computer systems, servers, and associated components, such as but not limited to central processing units, graphical processing units, neural networks, quantum bits, quantum processors, memory, data routing, data storage, data warehouse, server farm, bitcoin mining, crypto processing, virtual private networks, virtual servers, artificial intelligence training or processing, image processing, cloud computing, email servicing, a telecom hotel, telehouse co- location, or any other term applicable to facilities which are used for such purposes. SECTION 3. This Resolution shall be in full force and effect from and after its passage by the City Council. Date Passed Michael Galba, Presiding Officer Date Approved by Mayor Daniel J. Borgmeyer, Mayor Approved as to Legal Form Attest: kAlnluoqdrwhA o Lt ?A75 Holly Vragdz\ArU, Cid/Attorney ' bate Kimberly Hudson, City Clerk 2

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