CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST.

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1 CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO April 27, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation: Pastor Ashley Kirk, Church of the Shepherd 2. Pledge of Allegiance: All Saints School First Grade Class 3. Proclamation: Arbor Day 4. Proclamation: National Small Business Week D. Approval of Minutes: The Board of Aldermen Work Session meeting of April 13, 2017; and the Regular Board of Aldermen meeting of April 13, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions a. Appointment to Senior Advisory Committee b. Appointment to St. Peters Green Team c. Re-Appointment to Outpatient Surgical Treatment Center Medical Review Board 2. City Administrator s Report: 3. Report of Director, Planning, Community and Economic Development: a. Petition Special Use Permit, Barbara Crane Powers b. Petition Special Use Permit, Beer Sauce Shop, LLC Powers c. Petition Special Use Permit, Macy Gray Holdings, Inc. Powers 4. St. Peters Business Spotlight: None

2 F. Open Forum 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements G. Public Hearings: None H. Unfinished Business Items: 1. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to grant an easement to Union Electric Company, d/b/a Ameren Missouri for electrical services line(s) [continued from ] I. New Business Items: 1. Selection of Aldermanic Representatives to Boards and Commissions and Board President 2. Bill No : Bill approving a Special Use Permit in the SD Special Old Town District to permit a tavern/bar in response to Petition (Barbara Crane) and adopting the Findings of Fact and Conclusions of Law with respect thereto 3. Bill No : Bill approving a Special Use Permit in the C-2 Community Commercial District to permit a tavern/bar in response to Petition (Beer Sauce Shop, LLC) and adopting the Findings of Fact and Conclusions of Law with respect thereto 4. Bill No : Bill approving a Special Use Permit in the SD-OC Special District Office/Commercial to permit multiple family units in response to Petition (Macy Gray Holdings, LLC) and adopting the Findings of Fact and Conclusions of Law with respect thereto 5. Bill No : Bill of the City of St. Peters, Missouri, amending St. Peters City Code, by enacting a new Section ; Prohibiting Constructive Invasion of Privacy in the City; enacting a new Chapter 245; and providing for the Regulation of Unmanned Aircraft Systems in the City [Sponsor: Ald. Bateman] 6. Bill No : Bill approving a Record Plat within the City of St. Peters, Missouri, for the purpose of recording in St. Charles County, Missouri (St. Peters Apartments) 7. Bill No : Bill approving a Record Plat within the City of St. Peters, Missouri, for the purpose of recording in St. Charles County, Missouri (I-70 Executive Centre Resubdivision of Lot 1C) 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into agreements providing Permanent Utility Easements for Construction of the Jungermann Road Stream and Trail Improvements Project (P-28) (Hatton/Alden) 9. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an agreement with Millstone Weber Company for construction of the Mexico Road Resurfacing, Phase II Project (Federal Project No. STP 5655(611))

3 10. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreement providing for a Temporary Construction Easement for the Mid Rivers Mall Drive Right Turn Lane Improvement Project (Mid Rivers Mall CMBS, LLC) 11. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an amendment to agreement for professional services with Bax Engineering for the Country Hill Estates, Shining Rock, Rachels Trail, and Forest Grove Court Stormwater Project, P Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into agreements providing for acquisition of right-of-way, by Special Warranty Deed, along with a Permanent Drainage Easement and a Temporary Construction Easement from Terry I. Mudd, a married person; right-of-way, by Special Warranty Deed, along with a Permanent Drainage Easement and a Temporary Construction Easement from John D. Alden, a single person; and a Temporary Construction Easement from Jamie Robertson and Amanda Robertson, husband and wife; for the Jungermann Road Bridge Replacements Project, Federal Project no. BRM Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into agreements providing for the acquisition of certain real property, by Special Warranty Deeds, along with Permanent Drainage and Utility Easements, and Temporary Construction Easements from David W. Britton; and Allan E. Muscott and Barbara A. Muscott; a Permanent Drainage and Utility Easement and a Temporary Construction Easement from Adam J. Wallis; and a Temporary Construction Easement Agreement from Matthew A. Heath and Tracy Heath, for the Tanglewood/Huntleigh Estates Stormwater Improvement Project (Mid Valley Basin) - (P-19) 14. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreement providing for a Temporary Construction Easement, by a Temporary Construction Easement Agreement, for the Mid Rivers Mall Drive Widening (Central County Fire and Rescue) 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: April 24, 2017 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: May 11, 2017

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES April 13, 2017 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:02 p.m. on Thursday, April 13, 2017 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; Alderman Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Shea; Alderman Violet; Russ Batzel, City Administrator; Special Counsel Randy Weber; Jeff Finkelstein, Police Chief; Cathy Pratt, Staff Support Services Manager; Burt Benesek, Transportation and Development Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Dave Kuppler, Health and Environmental Services Manager; Patty Smith, City Clerk. Aldermen Reitmeyer and Thomas were absent. Alderman Hollingsworth was presiding Board President during Alderman Reitmeyer s absence. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. Alderman Bateman discussed the Random Acts of Kindness Award in which citizens may recognize fellow citizens for going above and beyond with demonstrations of acts of kindness in our community. Alderman Bateman further explained the purpose, objective, eligibility guidelines, nomination procedure and the recognition award. The quarterly award will be reviewed by a staff committee, and presented at a scheduled Board of Aldermen meeting in July. Submit nominee applications to volunteer@stpetersmo.net or contact Volunteer & Training Specialist, MaryPat Smith at extension 1207 for further information. BOARD OF ALDERMEN ITEMS FOR DISCUSSION DISCUSSION/UNMANNED AIRCRAFT SYSTEMS IN THE CITY BATEMAN Alderman Bateman discussed a complaint she received from a citizen regarding the use of drones and a National League of Cities conference she attended. Because of this, the proposed bill is to regulate the use of drones/unmanned aircrafts. She explained that the purpose is to address issues of invasion of privacy, nuisance, and trespassing on private property. Discussion ensued regarding trespassing; unlawful invasion of privacy not limited to drones, unauthorized surveillance and cameras; FAA air space; and police enforcement. Special Counsel Weber stated that the draft ordinance is a good attempt to address the unlawful invasion of privacy and not only in respect to drones. Clarification pertaining to photographs on private property regarding ordinance violations was given. Alderman Violet moved and Alderman Bateman seconded the motion to place this item on the April 27, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the April 27, 2017 Board of Aldermen meeting agenda for consideration.

5 City of St. Peters: Board of Aldermen Work Session Minutes April 13, 2017 Page 2 of 4 MAYOR/CITY ADMINISTRATOR ITEMS NEW BUSINESS ITEMS Alderman Hollingsworth moved and Alderman Bateman seconded the motion to remove Draft Resolution Court Bond Account Change from the agenda for discussion. The motion was approved. DRAFT RESOLUTION COURT BOND ACCOUNT CHANGE PRATT Ms. Pratt explained that a change request is needed on the Court Bond Account. Employee Amanda Andres, Court Specialist, is reassigned to the Prosecutor s Office and will no longer be an authorized signer on the court bond account. She would like to add staff member Lacey Wipfler in her place. There were no questions from the Mayor or Board members. This is business item I-09 on this evening s Board of Aldermen meeting agenda for consideration. Alderman Shea moved and Alderman Hollingsworth seconded the motion to remove Mexico Road Resurfacing II Project Bid Recommendation from the agenda for discussion. The motion was approved. MEXICO ROAD RESURFACING II PROJECT BID RECOMMENDATION BENESEK Mr. Benesek explained that on March 30, 2017, the City received and opened eight (8) bids for the Mexico Road Resurfacing II Project. While showing an aerial photo he explained this project would perform concrete pavement slab replacement, concrete curb and gutter replacement, manhole and inlet replacement/modifications, replacement/modification of traffic signals, and diamond grinding of the driving surface of Mexico Road, from Dardenne Creek to Mid Rivers Mall Drive. Staff recommended awarding the bid to Millstone Weber of St. Charles, Missouri, who submitted the lowest responsive bid of $1,645,000.00; which is approximately 2.5% lower than the second lowest bid received and 20.2% lower than the average of the bids received. This Federal Project is contingent upon Missouri Department of Transportation s approval of bid concurrence. Alderman Hollingsworth requested more than five-feet warning on lane closures. No further comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Shea seconded the motion to place this item on the April 27, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the April 27, 2017 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Shea seconded the motion to remove P-24 Storm Water Improvements Design Contract Amendment from the agenda for discussion. The motion was approved. P-24 STORM WATER IMPROVEMENTS DESIGN CONTRACT AMENDMENT - BENESEK

6 City of St. Peters: Board of Aldermen Work Session Minutes April 13, 2017 Page 3 of 4 Mr. Benesek recommended a contract amendment to the design agreement with Bax Engineering to perform additional engineering services for the Kathleen Place Storm Water Improvement Project. While displaying an aerial photo, Mr. Benesek explained the current agreement for the P-24 storm water improvement project. Staff has evaluated resident concerns regarding street flooding and property flooding along Kathleen Place in Cap-Au- Gris Subdivision and found the existing storm water system is undersized and will need to be replaced to provide sufficient capacity. Bax Engineering has provided a proposal for $32, to perform all field investigations and design services required to improve the Kathleen Place storm sewer system. In addition, an amendment of $4, is needed for additional hydraulic analysis and surveying time required to finalize the design of the Forest Grove storm water project. Staff is requesting approval to execute a contract amendment to increase the contract value in the amount of $37, Questions from the Aldermen were addressed. Alderman Violet moved and Alderman Shea seconded the motion to place this item on the April 27, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the April 27, 2017 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Bateman 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 - SMITH City Clerk Smith stated that the Destruction of Records forms provided in this evening s meeting packet necessitate being entered and made a part of the meeting minutes of the Board of Aldermen for April 13, Alderman Shea moved and Alderman Violet seconded the motion to accept the City Clerk s report regarding the Destruction of Record forms provided in the Work Session packet and to be entered into the April 13, 2017 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES BATZEL Bill Malach gave an update on the property exchange agreement proposed between the Keeven property and the City s property on Highway C. Mr. Malach reminded the Board that the proposal discussed at previous meetings is to exchange land between the City and Glen and Kari Keeven. The City owns approximately 210-acres of farm ground along Highway C north of Old Town St. Peters, which is used for land application of excess grass waste, yard waste and City s bio-solids. The Keeven s own property next to the City s property to raise sod, and owns a field that is located in the middle of the City s property. The City will trade the field for a field the City owns that is adjacent to the Keeven property. This will be an equal value exchange. The Keeven s will provide the City with 31-acres; and the City will provide the Keeven s with approximately 29-acres. This is business item I-06 on this evening s Board of Aldermen meeting agenda for consideration. BOARD MEETING AGENDA ITEM REVISIONS BATZEL

7 City of St. Peters: Board of Aldermen Work Session Minutes April 13, 2017 Page 4 of 4 The City Clerk handed out a revised Board of Aldermen meeting agenda this evening, which was also ed on April 12, Unfinished Business Item H-1 should be tabled to the April 27, 2017 Board of Aldermen meeting. 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 Hollingsworth moved and Alderman Shea seconded the motion to adjourn the Work Session meeting. The motion was approved and the Work Session meeting was adjourned at approximately 5:44 p.m. Submitted by, Patricia E. Smith City Clerk

8 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES APRIL 13, 2017 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on April 13, 2017, 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, Alderman Barclay, Alderman Bateman; Alderman Hollingsworth; Board President Reitmeyer; Alderman Shea; Alderman Violet; Russ Batzel, City Administrator; Randy Weber, Special Counsel; Chief Finkelstein; Patty Smith, City Clerk. Alderman Thomas was absent. Pastor Steve Koeneman delivered the Invocation. Boy Scout Ashton Henderson led the Pledge of Allegiance. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF MARCH 23, 2017; THE REGULAR BOARD OF ALDERMEN MEETING OF MARCH 23, 2017; AND THE WORK SESSION MEETING OF MARCH 22, 2017 Alderman Bateman moved and Alderman Reitmeyer seconded the motion to approve the Board of Aldermen Work Session meeting minutes of March 23, 2017, the Regular Board of Aldermen meeting minutes of March 23, 2017, and the Work Session meeting minutes of March 22, Motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS RE-APPOINTMENTS TO PERSONNEL REVIEW BOARD Alderman Reitmeyer read the proposed re-appointments of the following individuals to serve as members and alternate members to the Personnel Review Board: James Brock, 13 Gateswood Drive, (Ward 1); Denise O Mara, 31 Harvest Rust Court, (Ward 4); Michael Utter, 9 Inverness Court, (Ward 1); Tim Schulte, 916 Wolfrum Glen Court, (Ward 4); John Shetterly, 525 Timberidge Drive, (Ward 3); Willie Smith, 205 Westminster Drive, (Ward 2); Judy Breneisen (alternate member), 425 Timberidge Drive, (Ward 3); for the term effective May 12, 2017, and expiring May 11, Alderman Hollingsworth moved and Alderman Violet seconded the motion to approve the reappointments as members and alternate member to the Personnel Review Board. All in favor, the motion was approved. CITY ADMINISTRATOR S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT None ST. PETERS BUSINESS SPOTLIGHT

9 Board of Aldermen Minutes: City of St. Peters April 13, 2017 Page 2 of 6 None OPEN FORUM CITIZENS PETITIONS AND COMMENTS None COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS None PUBLIC HEARINGS None UNFINISHED BUSINESS ITEMS: MOTION/TABLED: BILL NO : AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO GRANT AN EASEMENT TO UNION ELECTRIC COMPANY, D/B/A AMEREN MISSOURI FOR ELECTRIC SERVICES LINE(S) [CONTINUED FROM ] Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Bill No from the table. All in favor, the motion was approved. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to table business item H-01, Bill 17-25, to the April 27, 2017 Regular Board of Aldermen meeting. All in favor, the motion was approved. NEW BUSINESS ITEMS: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6726: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR PERMANENT ROADWAY MAINTENANCE AND UTILITY EASEMENT, BY A PERMANENT ROADWAY MAINTENANCE AND UTILITY EASEMENT AGREEMENT, FOR THE MEXICO ROAD AND CAVE SPRINGS BOULEVARD TRAFFIC SIGNAL INSTALLATION PROJECT (ALEXANDER) Alderman Reitmeyer moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Barclay moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Shea moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No

10 Board of Aldermen Minutes: City of St. Peters April 13, 2017 Page 3 of 6 Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6727: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR ACQUISITION OF RIGHT-OF-WAY, BY SPECIAL WARRANTY DEED, ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT, BY A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, FOR THE MID RIVERS MALL DRIVE WIDENING (FARMERS COOPERATIVE ELEVATOR ASSOCIATION OF ST. PETERS, MISSOURI) Alderman Bateman moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Shea read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Violet moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6728: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS, BY A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, FOR THE MID RIVERS MALL DRIVE WIDENING (HAIL TO THE ORANGE, LLC) Alderman Hollingsworth moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Bateman read the Bill. Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Violet read the Bill. Alderman Reitmeyer moved and Alderman Shea seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6729: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR ACQUISITION OF RIGHT-OF-WAY, BY SPECIAL WARRANTY DEED, ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT FROM WAYNE N. JARRELL AND BETTY BELL JARRELL, HUSBAND AND WIFE, AND FOR TEMPORARY CONSTRUCTION EASEMENTS FROM GRANT U. DOUGAN, ROBERT R. RANSOM AND BARBARA A. RANSOM, AS TRUSTEES, AND JAMES D. RUDOLPHI AND SHARON R. RUDOLPHI, HUSBAND AND WIFE,

11 Board of Aldermen Minutes: City of St. Peters April 13, 2017 Page 4 of 6 FOR THE JUNGERMANN ROAD BRIDGE REPLACEMENTS PROJECT, FEDERAL PROJECT NO. BRM Alderman Shea moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Aytes read the Bill. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6730: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH WESTPORT POOLS, INCORPORATED FOR THE PURCHASE AND INSTALLATION OF A SPLASH PAD AT LAUREL PARK POOL Alderman Barclay moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Shea moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Shea read the Bill. Alderman Violet moved and Alderman Shea seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6731: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CERTAIN AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF ST. PETERS, MISSOURI AND GLENNON J. KEEVEN AND KARI L. KEEVEN Alderman Barclay moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Bateman moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Reitmeyer moved and Alderman Bateman seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR:

12 Board of Aldermen Minutes: City of St. Peters April 13, 2017 Page 5 of 6 MOTION/APPROVED: BILL NO : ORDINANCE NO. 6732: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING PERMANENT UTILITY EASEMENTS FOR CONSTRUCTION OF THE JUNGERMANN ROAD STREAM AND TRAIL IMPROVEMENTS PROJECT (P-28) (JARRELL/WINZEN/RITZMAN) Alderman Hollingsworth moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Violet read the Bill. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Shea moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6733: AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (PREMIER 370 BUSINESS PARK PLAT TWO) Alderman Reitmeyer moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/ADOPTED: RESOLUTION NO. 1544: A RESOLUTION AMENDING RESOLUTION 1529 AUTHORIZING THE ESTABLISHMENT A DEPOSITORY ACCOUNT KNOWN AS MUNICIPAL COURT BOND ACCOUNT Alderman Shea moved and Alderman Barclay seconded the motion to introduce the Resolution. The motion carried. Alderman Shea moved and Alderman Barclay seconded the motion to read the Resolution for the first time. The motion carried and Alderman Shea read the Resolution. Alderman Hollingsworth moved and Alderman Shea seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No was adopted. Reitmeyer: Yes Thomas: Absent Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR:

13 Board of Aldermen Minutes: City of St. Peters April 13, 2017 Page 6 of 6 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 Hollingsworth moved and Alderman Violet seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:14 p.m. Respectfully submitted, Patricia E. Smith City Clerk

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

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

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

20 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, April 5, 2017 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). The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the special use described below. 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 Barbara Crane is requesting a special use permit in the S-D Special Old Town District to permit a tavern/bar on a.7 +/- acre parcel. The property is located on the north side of Main Street, west of Mid Rivers Mall Drive 311 Main Street. N.T.S. site Main St. Interstate 70 LOCATION MAP Mid Rivers Mall Drive Draft North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

21 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, April 5, 2017 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Road and Grand Teton Drive (1020 Grand Teton Drive). The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the proposed special use permit described below. 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 Beer Sauce Shop, LLC is requesting a special use permit in the C-2 Community Commercial District on a 1.6 acre tract to allow a tavern/bar. The subject site is on the east side of Mid Rivers Mall Drive south of McMenamy Drive Mid Rivers Mall Drive. N.T.S. LOCATION MAP Suemandy Draft McMenamy Mid Rivers Mall Drive Drive Road. Site North LEGAL DESCRIPTION Lot 1A of the lot consolidation of St. Peters Village Plat 12 and 13 as recorded in Book 5471 Pages at the St. Charles County Recorder s Office.

22 E-03c 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, April 5, 2017 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). The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the special use described below. 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 Macy Gray Holdings, LLC. is requesting a special use permit in the SD-OC Special District Office/Commercial to permit multiple family units on a /- acre parcel. The property is located on the north side of Mexico Road, east side of St. Peters Centre Boulevard. N.T.S. St Peters Centre Blvd. LOCATION MAP Draft site Site Mexico Road North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

23 BILL NO H-01 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO GRANT AN EASEMENT TO UNION ELECTRIC COMPANY, D/B/A AMEREN MISSOURI FOR ELECTRIC SERVICES LINE(S) WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that electric service be provided to City residences and businesses; and WHEREAS, Union Electric Company, a Missouri corporation, d/b/a Ameren Missouri, is the owner of certain electric lines that service certain areas with the City of St. Peters corporate limits; and WHEREAS, the relocation of certain electric services line(s) that provide electric service to certain areas necessitates granting an easement to Union Electric Company, d/b/a Ameren Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to grant an easement for electric service line(s), and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, an Easement (Electric Line), marked as Exhibit A, in substantially the form attached hereto and made a part hereof, with Union Electric Company, a Missouri corporation, d/b/a Ameren Missouri. SECTION 2. The City Clerk is hereby directed to cause said Easement (Electric Line) to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri. 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 No.

24 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 be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 27th day of April, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk Approved this 27th day of April, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk No.

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28 Appointments will run from May 2017 to April 2018 PROPOSED Aldermanic Representative Boards and Commissions Assignments I-01 Board of Aldermen President: Alderman Terri Violet Planning and Zoning Commission: Alderman Michael Shea Parks, Recreation & Arts Advisory Board: Alderman Judy Bateman Veterans Memorial Commission: Alderman Patrick Barclay Senior Advisory Committee: Alderman Rocky Reitmeyer and Alderman Jerry Hollingsworth St. Peters Green Team: Alderman Dave Thomas Community Health & Wellness Advisory Committee: Alderman Don Aytes Outpatient Surgical Treatment Center Medical Review Board: Alderman Hollingsworth

29 BILL NO I-02 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD SPECIAL OLD TOWN DISTRICT TO PERMIT A TAVERN/BAR IN RESPONSE TO PETITION (BARBARA CRANE) 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 Special Old Town District to permit a tavern/bar; 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 Barbara Crane, to permit a tavern/bar LEGAL DESCRIPTION A tract of land being all of Lot 3 and part of Lots 4 and 5 in Block 4 of Deppe and Reineke s addition to the Town of St. Peters, A subdivision according to the plat thereof recorded in Plat Book 2 Page 19 of the St. Charles County records in U.S. Survey 1731, Township 47 North, Range 4 East of the Fifth Principal Meridian, City of St. Peters, St. Charles County, Missouri, Being more particularly described as follows:

30 Beginning at the intersection of the west line of Lot 6 in said Block 4 of Deppe and Reineke s addition to the Town of St. Peters with the north right-of-way line of Missouri State route SC as established by deed recorded in Book 368 Page 399 of the St. Charles County records, said point being also the southwest corner of property conveyed to John and Linda Grillo by deed recorded in Book 3859 Page 1912 of said records; thence along said north right-of-way line, North 69 degrees 37 minutes 25 seconds west feet (98.26 feet record); and north 63 degrees 00 minutes 00 seconds west feet (53.23 record) to the southeast corner of Lot 2 in said Block 4 of Deppe and Reineke s addition to the Town of St. Peters ; thence along the east line of said Lot 2 in Bloc 4, North 27 degrees 00 minutes 00 seconds east feet ( feet record) to the northeast corner of said Lot 2, being also in the south line of a feet wide alley as dedicated by aforesaid Deppe and Reineke s addition to the Town of St. Peters ; thence along said south line of a feet wide alley, south 63 degrees 00 minutes 00 seconds east feet ( feet record) to the northwest corner of aforesaid Lot 6 in Block 4; thence along aforesaid west line of Lot 6 in Block 4, being also the west line of aforesaid property conveyed to john and Linda Grillo by deed recorded in Book 3859 Page 1912, South 27 degrees 00 minutes 00 seconds west feet ( feet record) to the point of beginning and containing 29,898 square feet. and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents. SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Barbara Crane, in the SD Special Old Town District to permit a tavern/bar 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.

31 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 27 th day of April, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk Approved this 27th day of April, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

32 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application Number Barbara J. Crane ) Applicant ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION Draft On March 1, 2017, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), Barbara J. Crane (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 S-D Special Old Town Overlay District for a wine bar (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: to open up a wine garden with a focus on Mediterranean drinks such as coffee, wine and beer. Serving small plates. Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Alderman on April 27, 2017, 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

33 A. The Application submitted by the applicant on March 1, 2017, 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 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 Barbara J. Crane and Randell K. Crane (the Owner ), who is also the Applicant. B. The Property is located in the S-D Special Old Town Overlay District. C. Section (C)(2) of the City Code provides that Special Uses within the S-D Special Old Town Overlay District include All special uses in the R-1, R-2, C- 1, and C-2 Districts. D. Section (D)(2) of the City Code provides that taverns and bars are special uses within the C-2 Community Commercial District. CONCLUSIONS OF LAW Draft At a public meeting held on April 27, 2017, 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 2

34 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(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 tavern/bar. B. General Requirements: 1. The Owner/Applicant, and any future owner of the Property, may use the Property for a tavern/bar in addition to all permitted uses in the S-D Special Old Town District.Draft Overlay 3

35 2. The Owner/Applicant may operate a tavern/bar on the Property in a manner consistent with tavern/bar facilities, and in compliance with all local and State regulations related to taverns/bars. 3. The configuration of the Property shall be as substantially shown on the Site Plan attached hereto as 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 Site Plan shall first be approved by the Planning and Zoning Commission. 4. The design of the existing building on the Property shall be as substantially shown on the Architectural Design attached hereto as 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 Alderman, unless within such period: a. a building permit or occupancy permit is issued for and the herein permitted use of the Property is commenced; or Draft 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/Applicant, and their 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4

36 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, 2017, 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. Draft 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 5

37 APPLICANT/OWNER Barbara J. Crane STATE OF ) ) SS COUNTY OF ) On this day of, 2017, before me,, a Notary Public in and for said state, personally appeared BARBARA J. CRANE known to me to be the person who executed the within Findings of Fact and Conclusions of Law, 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: STATE OF ) ) SS COUNTY OF ) OWNER Notary Public Draft Randall K. Crane, Applicant On this day of, 2017, before me,, a Notary Public in and for said state, personally appeared RANDALL K. CRANE known to me to be the person who executed the within Findings of Fact and Conclusions of Law, 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 6

38 EXHIBIT A Legal Description A tract of land being all of Lot 3 and part of Lots 4 and 5 in Block 4 of Deppe and Reineke s addition to the Town of St. Peters, A subdivision according to the plat thereof recorded in Plat Book 2 Page 19 of the St. Charles County records in U.S. Survey 1731, Township 47 North, Range 4 East of the Fifth Principal Meridian, City of St. Peters, St. Charles County, Missouri, Being more particularly described as follows: Beginning at the intersection Draft of the west line of Lot 6 in said Block 4 of Deppe and Reineke s addition to the Town of St. Peters with the north right-of-way line of Missouri State route SC as established by deed recorded in Book 368 Page 399 of the St. Charles County records, said point being also the southwest corner of property conveyed to John and Linda Grillo by deed recorded in Book 3859 Page 1912 of said records; thence along said north right-of-way line, North 69 degrees 37 minutes 25 seconds west feet (98.26 feet record); and north 63 degrees 00 minutes 00 seconds west feet (53.23 record) to the southeast corner of Lot 2 in said Block 4 of Deppe and Reineke s addition to the Town of St. Peters ; thence along the east line of said Lot 2 in Bloc 4, North 27 degrees 00 minutes 00 seconds east feet ( feet record) to the northeast corner of said Lot 2, being also in the south line of a feet wide alley as dedicated by aforesaid Deppe and Reineke s addition to the Town of St. Peters ; thence along said south line of a feet wide alley, south 63 degrees 00 minutes 00 seconds east feet ( feet record) to the northwest corner of aforesaid Lot 6 in Block 4; thence along aforesaid west line of Lot 6 in Block 4, being also the west line of aforesaid property conveyed to john and Linda Grillo by deed recorded in Book 3859 Page 1912, South 27 degrees 00 minutes 00 seconds west feet ( feet record) to the point of beginning and containing 29,898 square feet. A-1

39 D ra ft EXHIBIT B Site Plan B-1

40 EXHIBIT C Architectural Design Draft C-1

41 EXHIBIT D Report of the Director of Planning, Community and Economic Development Name/Location of Development: Petition Barbara Crane: A request for a special use permit in the S-D Special Old Town District to permit a tavern/bar on a 0.7 +/- acre parcel. The property is located on the north side of Main Street, west of Mid Rivers Mall Drive 311 Main Street. (Ward 1) Staff Evaluation: The subject site is located on the north side of Main Street, west of Mid Rivers Mall Drive. The property includes a small home that was built in It has previously been used as a residential home and as a beauty shop. The area includes a restaurant to the east, fronting on Main Street; further to the east is QT and Burger King. To the west are a mix of commercial and residential uses typical of Old Town. To the south is Mid Rivers Automotive, a used car lot which recently had a new building approved by the Commission. Further to the south is Interstate 70. To the north is predominantly residential uses with some interspersed commercial uses in the SD Old Town District. The owner is planning to remodel the building and site to become a wine bar/garden. The house will be used for simple food preparation in addition to some patron seating. A patio with seating will be added to the front yard, along Main Street, and a deck will be added to the rear yard. The existing parking lot will be extended to the rear alley. Staff notes that the City has installed significant improvements in Old Town in an effort to stabilize and attract new businesses. This has included substantial water service and stormwater management improvements and streetscape improvements including new sidewalks, designated on-street parking, and benches/planters. Also, the City facilitated the shifting of overhead lines to the rear of the properties fronting on Main Street. The shifting of the overhead lines coupled with the streetscape have created an attractive Main Street for businesses to flourish. Draft Noting the commercial nature of the area, staff is of the opinion the proposed wine/bar could be operated at the subject location without detriment. Staff notes that other taverns/bars and restaurants operate in Old Town without issue. The subject site has ample parking, more than other sites in Old Town, along with on-street parking. The alley behind the building has been improved by the City to better handle vehicles and stormwater in the site area. 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. Conformity with the City Code: The proposed bar/tavern, with the requirements contained in the special use permit, will be in keeping with the SD Special Old Town Overlay District and the requirements of the City Code. D-1

42 b. Other matters pertaining to general welfare: This site will include a bar/tavern that can operate in a manner appropriate to the surrounding area. The proposed development should have no negative impact to the general welfare of the community, and will allow for future redevelopment of the area. c. Neighborhood impact/character of the surrounding area: The area surrounding the property is developed with commercial and residential uses within Old Town. Noting the commercial activity in the area, the proposed use, with contingencies, would be compatible with the area. d. Parking: Adequate parking is available on the subject site and in the general vicinity of the site. e. Traffic conditions in the surrounding area: The site is served by Main Street which adequately serves the existing commercial area. f. Public Utility facilities: The area is currently served with all utilities. g. Conditions: Specific conditions have been recommended to ensure the use is operated in a manner compatible to the neighborhood. h. Time limits: A time limit is not deemed necessary for the proposed bar/tavern. Staff Recommendation: Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. Draft D-2

43 EXHIBIT E Recommendation of Planning and Zoning Commission Petition Barbara Crane: A request for a special use permit in the S-D Special Old Town District to permit a tavern/bar on a 0.7 +/- acre parcel. The property is located on the north side of Main Street, west of Mid Rivers Mall Drive 311 Main Street. Ms. Barbara Crane presented this to the Commission for approval. Ms. Crane explained that the subject site is located on the north side of Main Street, west of Mid Rivers Mall Drive. The property includes a small home that was built in It has previously been used as a residential home and as a beauty shop. Ms. Crane noted that she is planning to remodel the building and site to become a wine bar/garden. The house will be used for simple food preparation in addition to some patron seating. A patio with seating will be added to the front yard along Main Street and a deck will be added to the rear yard. The existing parking lot will be extended to the rear alley. Chairman McNames opened the public hearing at 7:12 p.m. and asked anyone wishing to speak to this petition to come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:12 p.m. Mr. Westhoff made a motion and Mr. Bailey seconded to adopt staff s Findings of Fact as the Commission s Findings of Fact. The motion carried unanimously. Mr. Westhoff made a motion and Ms. Shetterly seconded to recommend approval of this application to the Board of Aldermen, with the amended site plan. The motion carried unanimously. Draft REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E-1

44 EXHIBIT F Application Draft F-1

45 Draft F-2

46 BILL NO I-03 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-2 COMMUNITY COMMERCIAL DISTRICT TO PERMIT A TAVERN/BAR IN RESPONSE TO PETITION (BEER SAUCE 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-2 Community Commercial District to permit a tavern/bar; 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 Beer Sauce Shop, LLC, to permit a tavern/bar LEGAL DESCRIPTION Lot 1A of the lot consolidation of St. Peters Village Plat 12 and 13 as recorded in Book 5471 Pages at the St. Charles County Recorder s Office. and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents.

47 SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Beer Sauce Shop, LLC, in the C-2 Community Commercial District to permit a tavern/bar 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 27 th day of April, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk Approved this 27th day of April, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

48 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application Number BeerSauce Shop, LLC, ) Applicant ) ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION Draft On April 5, 2017, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), BeerSauce Shop, 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 C-2 Community Commercial District for a tavern/bar (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: service of beer and liquor by the glass; sales to represent only 10% of total sales and done during monthly events Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Alderman on April 27, 2017, 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. 1

49 The Board of Aldermen makes its findings based upon the following: A. The Application submitted by the applicant on March 2, 2017, 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 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 St. Peters Village Partnership (the Owner ). B. The Applicant is the lessee of square feet of the Property, commonly known as suite (the Premises. ) C. The Property is located in the C-2 Community Commercial District. D. Section (D)(2)of the City Code provides that Special Uses within the C-2 Community Commercial District include taverns and bars. CONCLUSIONS OF LAW Draft At a public meeting held on April 27, 2017 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 2

50 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(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 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 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 Premises for a tavern/bar. B. General Requirements: Draft 1. The Applicant, Owner and any future owner of the Property, may use the Premises for a tavern/bar, in addition to all permitted uses in the C-2 Community Commercial District. 2. The Applicant may operate a tavern/bar business on the Premises in a manner 3

51 consistent with a standard tavern/bar facility, and in compliance with all local and State regulations related to a tavern/bar. 3. The configuration of the Property shall be as substantially shown on the Site Plan attached hereto as 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 Site Plan shall first be approved by the Planning and Zoning Commission. 4. The design of the existing building on the Property shall be as substantially shown on the Architectural Design attached hereto as 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 Alderman, unless within such period: a. a building permit or occupancy permit is issued for and the herein permitted use of the Premises is 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. Draft E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. F. The Owner/Applicant, and their 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4

52 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, 2017, 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. Draft 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 5

53 APPLICANT BeerSauce Shop, LLC By: Andrew Tessmer, Member STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017, before me,, a Notary Public in and for said state, personally appeared ANDREW TESSMER, Member of BeerSauce Shop, LLC, a Missouri limited liability, known to me to be the person who executed the within Findings of Fact and Conclusion of Law in behalf of said limited liability company 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 the day and year first above written. My Commission Expires: Notary Public Draft 6

54 OWNER St. Peters Village Partnership By: Patricia McKelvey, Partner STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017,before me,, a Notary Public in and for said state, personally appeared PATRICIA MCKELVEY, Partner, of St. Peters Village Partnership, a Missouri partnership, known to me to be the person who executed the within Findings of Fact and Conclusion of Law in behalf of said partnership 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 the day and year first above written. My Commission Expires Notary Public Draft 7

55 EXHIBIT A Legal Description Lot 1A of the lot consolidation of St. Peters Village Plat 12 and 13 as recorded in Book 5471 Pages at the St. Charles County Recorder s Office. Draft A-1

56 EXHIBIT B Site Plan Draft B-1

57 EXHIBIT C Architectural Design Draft C-1

58 EXHIBIT D Report of the Director of Planning, Community and Economic Development Name/Location of Development: Petition BeerSauce Shop, LLC: A request for a special use permit in the C-2 Community Commercial District on a 1.6 acre tract to allow a tavern/bar. The subject site is on the east side of Mid Rivers Mall Drive south of McMenamy Drive Mid Rivers Mall Drive. (Ward 1) Staff Evaluation: The proposed business will be located within the newly remodeled Village Mall shopping center at 318 Mid Rivers Mall Drive. The property is zoned C-2 Community Commercial District. The applicant is requesting a special use permit to allow the use of the property for a bar/tavern. More specifically, the applicant desires to sell barbeque sauce and barbeque accessories and include package and by the glass sale of beer and liquor. The business would be called The BeerSauce Shop. The Village Mall property is approximately one and a half acres in size and contains a 13,500 +/- square foot multi-tenant retail building with a small remote coffee kiosk operated by Scooters. In addition, there is a separate ATT building at the southern end of the property. It is noted that the Scooters Coffee kiosk received a special use permit for a drive-through facility in the C-2 Community Commercial District via Ordinance 5490 on October 28, City code allows a bar/tavern in the C-2 Community Commercial District with the issuance of a special use permit. As previously noted the applicant intends to sell package liquor which is permitted; however, the applicant is requesting approval for a bar/tavern to serve alcohol by the drink as well. The applicant has indicated this will be done in conjunction with the retail sale of barbeque sauces and barbeque accessories. It is noted that the applicant does not intend to serve food; however, a restaurant or grocery use is permitted and could be added in the future. Draft The Village Mall development is part of the larger Mid Rivers Mall Drive commercial corridor. The shopping center has contained a mixture of retail uses including restaurants, sub shops, general retail, offices, and the coffee kiosk. The proposed use would occupy a tenant space within the main retail building with access from two curb cuts to Mid Rivers Mall Drive. It is noted that the rear of the property is adjacent to Mid Rivers Elementary School; however, the retail development and parking faces and accesses only Mid Rivers Mall Drive with no interaction with the school. The rear of the retail center does not contain any service drives and all deliveries are through the front of the center. In addition, the school s own driveway is located adjacent to the shopping center s rear property line, creating a large buffer. Combined, these elements create a complete separation of uses. D-1

59 To date, staff is not aware of any problems from this center to any of the neighbors. Further, the recent rehabilitation of the building with a new modern façade and landscaping has transformed the center into an attractive and modern retail building. Therefore, staff is of the opinion this use would be appropriate at the proposed location. The proposed use would provide a unique concept for barbeque enthusiasts and generate new economic activity for the newly renovated shopping center. 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. Conformity with the City Code: The proposed bar/tavern, with the requirements as contained in the special use permit, is in keeping with the C-2 Community Commercial District and requirements of the City Code. b. General welfare: The surrounding area includes high intensity commercial uses, institutional uses, and office uses, and the site is adjacent to Mid Rivers Mall Drive, a major arterial roadway. The proposed use will be complementary to existing uses in the area and, therefore, will not have a negative impact on the area. c. Neighborhood impact: The proposed bar/tavern will be located within an existing shopping center adjacent to Mid Rivers Mall Drive and is buffered from adjacent institutional uses by the orientation of the building and site layout, and is in keeping with the scale of the surrounding area. d. Parking: Adequate parking is available on the subject site and in the general vicinity of the site. e. Utilities: The site is served by all necessary utilities. f. Traffic conditions: The site is served by Mid Rivers Mall Drive. Traffic to and from the site will be two existing curb cuts, which is similar to many other surrounding businesses. There will be no negative impact on the surrounding area due to traffic. g. Conditions: Specific conditions have been recommended to ensure the use is operated in a manner compatible to the neighborhood. h. Time limits: A time limit is not deemed necessary for the proposed bar/tavern. Staff Recommendation: Draft Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. D-2

60 EXHIBIT E Recommendation of Planning and Zoning Commission c. Petition BeerSauce Shop, LLC: A request for a special use permit in the C-2 Community Commercial District on a 1.6 acre tract to allow a tavern/bar. The subject site is located on the east side of Mid Rivers Mall Drive south of McMenamy Drive 318 Mid Rivers Mall Drive. Mr. Rick Duree and Mr. Andrew Tessmer presented this to the Commission for approval. Mr. Duree explained that the proposed business will be located in the newly remodeled Village Mall shopping center at 318 Mid Rivers Mall Drive. They are requesting a special use permit to allow the use of the property for a bar/tavern. More specifically, they desire to sell barbeque sauce, hot sauce, barbecue accessories and include package and by the glass sale of beer and liquor. They partner with local brewers/breweries and restaurants to advertise and promote their products. Their hours of operation will be Monday through Thursday, until 10 p.m. and they will be open until midnight on Friday and Saturday nights. Chairman McNames opened the public hearing at 7:20 p.m. and asked anyone wishing to speak on this petition to come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:20 p.m. Mr. Kelley made a motion and Ms. Shetterly seconded to adopt staff s Findings of Fact as the Commission s Findings of Fact. The motion carried unanimously. Alderman Barclay made a motion and Ms. O Mara seconded to recommend approval of this application to the Board of Aldermen. The motion carried unanimously. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Draft E-1

61 EXHIBIT F Application Draft F-1

62 Draft F-2

63 Draft F-3

64 Draft F-4

65 BILL NO I-04 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD-OC SPECIAL DISTRICT OFFICE/COMMERCIAL TO PERMIT MULTIPLE FAMILY UNITS IN RESPONSE TO PETITION (MACY GRAY HOLDINGS, 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-OC Special District Office/Commercial to permit multiple family units; 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 Macy Gray Holdings, LLC, to permit multiple family units LEGAL DESCRIPTION A tract of land being part of a tract of land as conveyed to Koenig St. Peters, LP by instrument recorded in Book 2344, Page 892 of the St. Charles County Records, located in Fractional Section Number 32, Township 47 North, Range 4 East, City of St. Peters, St. Charles County, State of Missouri and described as follows: Beginning at a found iron rod located at the northwest corner of above said Fractional Section 32, said point also being located on the east right-of-way line of St. Peters Centre

66 Boulevard, variable width, thence along the north line of said Fractional Section 32, North 89 degrees 27 minutes 18 seconds East, feet to a found iron rod located at the northeast corner of a 7.97 acre tract of land as shown on a Boundary Survey as recorded in Survey Record Book 26, Page 88 of the St. Charles County records; thence along the east line of said tract, South 02 degrees 11 minutes 12 seconds West, feet to a found iron rod at the southeast corner thereof, said point also being located on the north right-of-way line of Mexico Road; thence along said right-of-way line the following: North 87 degrees 36 minutes 53 seconds West, feet to a found iron rod and North 86 degrees 40 minutes 25 seconds West, feet to a found cur cross located at its intersection with the east right-of-way line of above said St. Peters Centre Boulevard; thence along said right-of-way line, North 03 degrees 38 minutes 56 seconds East, a distance of feet to the Point of Beginning, containing 347,330 square feet or acres more or less. and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents. SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Macy Gray Holdings, LLC, in the SD- OC Special District Office/Commercial to permit multiple family units 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.

67 Read two times, passed, and approved this 27 th day of April, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk Approved this 27th day of April, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

68 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application Number Macy Gray Holdings LLC ) Applicant ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION Draft On March 3, 2017, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), Macy Gray Holdings 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 SD-OC Special District General Office/Commercial for multiple family residences (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: Multi Family Residence Apartments Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Alderman on April 27, 2017, 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: A. The Application submitted by the applicant on March 3, 2017, a copy of which is 1

69 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 Building Elevations, 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 Koenig-St. Peters: A Limited Partnership (the Owner ). B. The Property is located in the SD-OC Special District General Office/Commercial. C. Section (N) of the City Code provides that Special Uses within the SD-OC Special District General Office/Commercial include Single-family, attached singlefamily, or multiple-family uses. CONCLUSIONS OF LAW Draft At a public meeting held on April 27, 2017 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(s) absent. The motion passed and the Application was approved. 2

70 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 multiple-family residences and accessory uses. B. General Requirements: Draft 1. The Owner/Applicant, and any future owner of the Property, may use the Property for multiple-family residences in addition to all permitted uses in the SD-OC Special District General Office/Commercial. 2. The Owner/Applicant may construct, operate and maintain multiple-family residences on the Property in a manner consistent with other multiple-family residences in the City, and in compliance with all local, State and Federal regulations. 3. The configuration of the Property shall be as substantially shown on the Site Plan attached hereto as Exhibit B. Any minor modifications to the Property from that 3

71 shown on the Site Plan shall be as approved by the Planning Department. Any substantive changes to the approved Site Plan shall first be approved by the Planning and Zoning Commission. 4. The design of the existing building on the Property shall be as substantially shown on the Building Elevations attached hereto as 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 Alderman, unless within such period: a. a building permit or occupancy permit is issued for and the herein permitted use of the Property is 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/Applicant, and their 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. Draft REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4

72 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: Draft Patricia E. Smith, City Clerk STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017, 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

73 APPLICANT Macy Gray Holdings LLC By: Timothy Breece, Manager STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017, before me,, a Notary Public in and for said state, personally appeared TIMOTHY BREECE, Manager of Macy Gray Holdings LLC, a Missouri limited liability company, known to me to be the person who executed the within Findings of Fact and Conclusion of Law in behalf of said limited liability company 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 the day and year first above written. My Commission Expires: Notary Public Draft 6

74 OWNER Koenig-St. Peters: A Limited Partnership By: Sue A. McNeill, General Partner STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017, before me,, a Notary Public in and for said state, personally appeared SUE A. McNEILL, of Koenig-St. Peters: A Limited Partnership a Missouri limited partnership, known to me to be the person who executed the within Findings of Fact and Conclusion of Law in behalf of said limited partnership 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 the day and year first above written. My Commission Expires: Notary Public Draft 7

75 EXHIBIT A Legal Description A tract of land being part of a tract of land as conveyed to Koenig St. Peters, LP by instrument recorded in Book 2344, Page 892 of the St. Charles County Records, located in Fractional Section Number 32, Township 47 North, Range 4 East, City of St. Peters, St. Charles County, State of Missouri and described as follows: Beginning at a found iron rod located at the northwest corner of above said Fractional Section 32, said point also being located on the east right-of-way line of St. Peters Centre Boulevard, variable width, thence along the north line of said Fractional Section 32, North 89 degrees 27 minutes 18 seconds East, feet to a found iron rod located at the northeast corner of a 7.97 acre tract of land as shown on a Boundary Survey as recorded in Survey Record Book 26, Page 88 of the St. Charles County records; thence along the east line of said tract, South 02 degrees 11 minutes 12 seconds West, feet to a found iron rod at the southeast corner thereof, said point also being located on the north right-of-way line of Mexico Road; thence along said right-of-way line the following: North 87 degrees 36 minutes 53 seconds West, feet to a found iron rod and North 86 degrees 40 minutes 25 seconds West, feet to a found cur cross located at its intersection with the east right-of-way line of above said St. Peters Centre Boulevard; thence along said right-of-way line, North 03 degrees 38 minutes 56 seconds East, a distance of feet to the Point of Beginning, containing 347,330 square feet or acres more or less. Draft A-1

76 EXHIBIT B Site Plan Draft B-1

77 EXHIBIT C Building Elevations Draft C-1

78 EXHIBIT C Building Elevations (continued) Draft C-2

79 EXHIBIT D Report of the Director of Planning, Community and Economic Development Name/Location of Development: Petition Macy Gray Holdings LLC: A request for a special use permit in the SD-OC Special District Office/Commercial to permit multiple family units on a /- acre parcel. The property is located on the north side of Mexico Road, east side of St. Peters Centre Boulevard. (Ward 1) Staff Evaluation: The subject site is currently an undeveloped 8+/- acre tract at the intersection of Mexico Road and St. Peters Centre Parkway. The proposal is for a 240 unit multiple family development. The units will be marketed as apartments that range between one and three bedrooms. The units will have high-end finishes and will include patios and balconies. The development will include many amenities including a pool, a community room, and an outdoor open area/park. The site is zoned SD-OC Special District Office/Commercial and is part of the overall Special District. This area, which generally extends from Spencer Road to Barnes St. Peters Hospital and Mexico Road to Interstate 70, was designated in the early 1990s as the downtown of St. Peters. The district criteria include enhanced architectural and landscaping standards. As the district has evolved, it has included primarily office uses, especially medical offices in the eastern area near Barnes St. Peters Hospital. Other uses include financial institutions, senior housing, and support retail/restaurants. In recent years the City s vision for the Special District has been modified to include mixed use development with a possible residential component. Therefore, the special district regulations were amended in 2014 to add residential uses as a special use. This allows the Commission and Board to ensure the proposed development meets the standards established for special uses as well as standards for the special district. It is the City s hope that residential uses will be adjacent to or developed with non-residential uses to create living environments attractive to all ages, including millennials and baby boomers. The City notes the importance of attracting these groups, which comprise 40% of the County population, and references the study conducted by Partners for Progress in 2016 that indicated the need for housing growth in St. Charles County to meet the projected housing need by The study also indicates that Placemaking housing and living environments are key to millennials and boomers. The type of Placemaking housing identified by both groups is higher density housing, smaller homes, and including a variety of amenities within walking distance. Draft Staff also notes that, in conjunction with this submittal, the City has worked with the project developer, architect, and engineer to create a masterplan for the center of the special district. The plan designates pedestrian zones and trail linkages, new roads, modifications to the roads, and design concepts to create a mixed use, downtown attractive streetscape. The proposed multiple family development will be the first development within this master planned area and will include the plan features pedestrian linkages/trail, outdoor/community spaces, and an attractive streetscape. D-1

80 The proposed development will include 240 units in two buildings that will be connected by a pedestrian bridge. The buildings will be four stories in height and oriented to Mexico Road. Parking, including sixty-eight garage spaces, will be to the rear of the building. A pedestrian trail is planned along the rear (north) of the property this trail is part of the overall pedestrian system planned for the Special District. The development also includes a pool/patio area near the Mexico Road entrance, and an open space/dog park near the north end of the site. A water fall and water feature are planned near the Mexico Road entrance, and a landscaped open space area will be at the corner of Mexico Road and St. Peters Centre Blvd. Access will be via two curb cuts a limited access (right in/right out) on Mexico Road near the center of the site, and a full access on St. Peters Centre Boulevard. Staff notes that the intersection of Mexico Road and St. Peters Centre Boulevard is a signalized entrance; no new signal is planned with this development. Staff anticipates that a signal may be considered in the future further to the east with ongoing development, possible near the entrance to Lutheran High school. Staff is of the opinion that the proposed development will be an appropriate use; with the proposed site improvements it will be a strong addition to the area and good economic development for the City. The development will be the first in the master planned area of the Special District, so it is anticipated that it will create an anchor for ongoing mixed-use development. Given the building orientation, design, and other site enhancements, staff believes the use would be compatible with the existing and future development pattern in the site area. 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. Conformity with the City Code: The proposed multiple family development, with the requirements contained in the special use permit, will be in keeping with the SD-OC Special District Office/Commercial and the requirements of the City Code. Draft b. Other matters pertaining to general welfare: This site will include multiple family units that can operate in a manner appropriate to the surrounding area. The proposed development should have no negative impact to the general welfare of the community, and will allow for additional housing in the City and may spur additional development in the site area. c. Neighborhood impact/character of the surrounding area: The site area is zoned a mix of SD-OC Special District Office/Commercial and SD-RC Special District Retail/Commercial. The area includes City Hall to the south, and a medical office building and nursing home are to the north of the site. Retail uses in addition to financial institutions and medical and general office buildings are throughout the Special District. The City is anticipating a mixed use concept for the central area of the Special District to include a mix of housing, retail/service and office uses. Noting this, the proposed multiple family development will be compatible with adjacent uses and the overall land use pattern of the Special District. D-2

81 d. Parking: Adequate parking is available on the subject site and in the general vicinity of the site. e. Traffic conditions in the surrounding area: The site is served by Mexico Road and St. Peters Centre Boulevard that were constructed to adequately serve the Special District. f. Public Utility facilities: The area is currently served with all utilities. g. Conditions: Specific conditions have been recommended to ensure the use is operated in a manner compatible to the neighborhood. h. Time limits: A time limit is not deemed necessary for the proposed development.. Staff Recommendation: Based on this analysis, staff recommends approval of Petition subject to the attached Special Use Permit. Draft D-3

82 EXHIBIT E Recommendation of Planning and Zoning Commission Petition Macy Gray Holdings LLC: A request for a special use permit in the SD-OC Special District Office/Commercial to permit multiple family units on a /- acre parcel. The property is located on the north side of Mexico Road, east side of St. Peters Centre Boulevard. Mr. George Stock, Stock and Associates, Mr. Tim Breece, Propper Construction, and Mr. Brian Zwick, Zwick and Gandt Architects, presented this to the Commission for approval. Mr. Stock explained that the subject site is currently an undeveloped 8 +/- acre tract of land at the intersection of Mexico Road and St. Peters Centre Parkway. The proposal is for a 240 unit multiple family development. The units will be marketed as apartments that range between one and three bedrooms. The units will have high-end finishes and will include patios and balconies. The development will include many amenities including a pool, a community room and an outdoor open area/park. The site is zoned SD-OC Special District General Draft Office/Commercial and is part of the overall Special District. This area was designated in the early 1990s as the downtown of St. Peters. As the district has evolved it has included primarily office uses, especially medical offices in the eastern area near Barnes St. Peters Hospital. Other uses include financial institutions, senior housing and support retail/restaurants. In recent years the City s vision for the Special District has been modified to include mixed use development with a possible residential component. Mr. Stock noted that in conjunction with this submittal, they have worked with the City to create a masterplan for the center of the special district. The plan designates pedestrian zones and trail linkages, new roads, modifications to the roads and design concepts to create a mixed use, downtown attractive streetscape. The proposed multiple family development will be the first development within this master planned area and will include the plan features pedestrian linkages/trails, outdoor/community spaces and an attractive streetscape. The proposed development will include 240 units in two buildings that will be connected by a pedestrian bridge. The buildings will be four stories in height and oriented to Mexico Road. Parking, including sixty-eight garage spaces, will be to the rear of the buildings. A pedestrian trail is planned along the rear (north) of the property. The development also includes a pool/patio area near the Mexico Road entrance, and an open space/dog park near the north end of the site. A waterfall and water feature area planned near the Mexico Road entrance, and a landscaped open space area will be at the corner of Mexico Road and St. Peters Centre Boulevard. Access will be via two curb cuts a limited access (right in/right out) on Mexico Road near the center of the site, and a full access on St. Peters Centre Boulevard. Chairman McNames opened the public hearing at 7:35 p.m. and asked anyone wishing to speak on this petition to come forward. Mr. Mark Boschert, Physician at Renaissance Plastic Surgery, had questions and concerns related to the increased traffic as well as how the residential component will impact the existing businesses. Mr. Stefan Craig, Physician at Renaissance Plastic Surgery, had concerns with the plans for the future of the Special District and hopes the City and developer can create a great synergy in the area. Seeing no one else present to comment, Chairman McNames closed the public hearing at 7:40 p.m. Ms. Powers explained the City s goals for the future of the Special District which includes a mixed use component. Mr. Stock noted that he would like to meet with the physicians at Renaissance Plastic Surgery to explain the project and get their feedback. Mr. Westhoff made a motion and Ms. Shetterly seconded to adopt staff s Findings of Fact as the Commission s Findings of Fact. The motion carried unanimously. Mr. Kelley made a motion and Ms. O Mara seconded to recommend approval of this application to the Board of Aldermen. The motion carried unanimously. E-1

83 EXHIBIT F Application Draft F-1

84 Draft F-2