CITY OF ST. PETERS BOARD OF ALDERMEN

Transcription

1 CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO January 17, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Presentation: Green Cup Challenge, Debbie Knoble 4. Presentation: Cindy Walton-Finley, Retirement 5. Recognition: Random Act of Kindness D. Approval of Minutes: The Board of Aldermen Work Session meeting of December 20, 2018; and the Regular Board of Aldermen meeting of December 20, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions a. Appointment to St. Peters Green Team b. Appointment to Veterans Memorial Commission c. Appointment to St. Peters Parks, Recreation, and Arts Advisory Board 2. City Administrator s Report: 3. Report of Director, Planning, Community and Economic Development: a. Petition Special Use Permit, LJLD, LLC - Powers 4. St. Peters Business Spotlight: a. Beer Sauce Shop, 318 Mid Rivers Mall Drive

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: None I. New Business Items: 1. Bill No : Bill approving a Special Use Permit in the SD-RC Special District Retail/Commercial to permit multiple family residences, in response to Petition (LJLD, LLC) and adopting the findings of fact and conclusions of law with respect thereto 2. Bill No : Bill of the City of St. Peters, Missouri, establishing dates and times of the Regular Meetings of the Board of Aldermen for November, 2019; November, 2020; November, 2021; and November, 2022 [Sponsor: Mayor/Ald. Barclay] 3. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to execute a contract agreement with Flynn Drilling Co. for the Water Service Line Repair Program 4. Bill No : Bill authorizing the Mayor of the City of St. Peters, Missouri, to enter into an agreement establishing a Permanent Ingress and Egress Easement with the Anthony J. Kunderer Revocable Trust and the Vicky L. Kunderer Revocable Trust 5. Bill No : Bill accepting for maintenance the dedication of certain sidewalks in and connected with Laurel Springs Subdivision 6. Bill No : Bill authorizing the Mayor of the City of St. Peters, Missouri, to execute a second amendment to Intergovernmental Cooperation and Development Agreement between the Lakeside 370 Levee District and the City of St. Peters, Missouri 7. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a Cooperative Agreement with Metropolitan Park and Recreation District d/b/a The Great Rivers Greenway District to participate in the creation of a county-wide Greenway Master Plan for St. Charles County, Missouri 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to execute an easement agreement granting a Permanent Utility Easement to Union Electric Company D/B/A Ameren Missouri 9. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a Missouri Highways and Transportation Commission Agreement for the installation of a traffic signal by others to be maintained by the Commission (MO 370 and Lakeside Park Drive Interchange) 10. Bill No : Bill providing for and authorizing the Mayor of the City of St. Peters, Missouri to enter into a contract agreement with St. Charles County, Missouri, for use of Saint Charles County Transportation Sales Tax Funds for reconstruction and improvement of Spencer Road

3 11. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a contract with Roland Machinery for the purchase of a cold plane mill machine 12. Bill No : Bill amending certain sections of Chapter 240 of the Municipal Code of the City of St. Peters, Missouri, relating to the use of City parks and facilities 13. Bill No : Bill providing for the Vacation of a Utility Easement in Bellemeade Plat One Subdivision, as recorded in Plat Book 45, Page 150 at the St. Charles County Recorder of Deeds 14. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a contract with Martin General Contractors, LLC for the construction of Water Treatment Plant Filter Improvements 15. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute a contract change order with NB West Contracting Company for the Mid Rivers Mall Drive Widening Improvements Project 16. Resolution of Official Intent of the City of St. Peters, Missouri, toward the issuance of Industrial Revenue Bonds to finance an Industrial Development Project and authorizing certain actions relating thereto 17. Resolution Repealing Resolution 1281 of the City of St. Peters, Missouri, which established a Proclamation honoring St. Peters Couples Celebrating a 50, 55, 60, 65, 70, 75 & 80 th Wedding Anniversary [Sponsor: Mayor] 18. Resolution calling upon the City Clerk to transmit to the St. Charles County Election Authority the legal notice to be published for the General Municipal Election to be held in the City of St. Peters, Missouri on April 2, Resolution adopting an Americans with Disabilities Act (ADA) Transition Plan 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: January 14, 2019 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: February 14, 2019

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES DECEMBER 20, 2018 The Work Session was called to order at approximately 5:00 p.m. on Thursday, December 20, 2018 at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. The following were present: Mayor Pagano; Board President Barclay; Alderman Aytes; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Violet; Alderman Thomas; Jeff Finkelstein, Chief of Police; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Dave Kuppler, Health and Environmental Services Manager; and Bill Malach, Water Environment Services Manager; Cathy Pratt, Staff Support Services Manager; Russ Batzel, City Administrator; Randy Weber, Special Counsel; Patty Smith, City Clerk. Burt Benesek, Transportation and Development Services Manager and Alderman Thomas were absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOA ITEMS FOR DISCUSSION NEW BUSINESS ITEMS: No items scheduled for discussion MAYOR/CITY ADMINISTRATOR ITEM UNFINISHED BUSINESS ITEMS: NONE NEW BUSINESS ITEMS: Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Levee District Intergovernmental Coop agreement from the agenda for discussion. The motion was approved. LEVEE DISTRICT INTERGOVERNMENTAL COOP AGREEMENT BATZEL Mr. Batzel stated this agreement, from December of 2017, was for the City to acquire parcels of land from the Lakeside 370 Levee District at the intersection of Lakeside Drive and highway 370. Terms of that agreement includes the City building roadway infrastructure by extending the road and building a sanitary sewer pump station in that location. That

5 City of St. Peters: Board of Aldermen Work Session Minutes December 20, 2018 Page 2 of 4 agreement was to be completed by June, 2018; however, with the pending upcoming development in the area, construction was delayed. This revised agreement changes the date for completion of these projects by June 30, 2020, which the Levee District has agreed upon. Questions from the Board were addressed. Alderman Bateman moved and Alderman Violet seconded the motion to place this item on the January 17, 2019 Board of Aldermen meeting agenda. All in favor, the motion was approved. This item will be placed on the January 17, 2019 Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Purchase of Rotary Hydrated Lime for Water Treatment Plant from the agenda for discussion. The motion was approved. PURCHASE OF ROTARY HYDRATED LIME FOR WATER TREATMENT PLANT MALACH Mr. Malach stated that hydrated lime is an annual purchase used for treating the groundwater supply at the City s water treatment plant. Mississippi Lime is the only provider of hydrated lime in eastern Missouri and they quoted a price of $190 per ton for the lime, with this year s estimated usage at 1,400 tons. The annual cost for lime will be approximately $266,000; which is what was budgeted for this year. No comments or questions from the Board of Aldermen. This is business item I-09 on this evening s Board of Aldermen meeting agenda for consideration. Alderman Violet moved and Alderman Reimer seconded the motion to remove Purchase of Baler from the agenda for discussion. The motion was approved. PURCHASE OF BALER KUPPLER Mr. Kuppler stated staff solicited bids for the purchase of a baler to replace the current 21- year-old baler. Staff received bids on two balers from DeHart Recycling Equipment and is recommending the lower bid of $439,850 for the purchase of the Harris Gorilla 100S-4-13/9. The cost is $39,850 over budget; however, Recycle City does have the funds to cover this overage. No further comments or questions from the Board of Aldermen. This is business item I-11 on this evening s Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Purchase of Solid Waste Collection Trucks from the agenda for discussion. The motion was approved. PURCHASE OF SOLID WASTE COLLECTION TRUCKS KUPPLER Mr. Kuppler stated that staff was authorized to purchase a replacement side loader, #942, in FY18, but failed to do so due to a delay in testing the units previously purchased. Staff requests to carry those funds over to FY19; and also requests to replace side loader #967 in FY19. Fleet Maintenance and Solid Waste staff is recommending the Labrie side loaders by Key Equipment, located in Maryland Heights, for a total cost of $564,990 for the two vehicles. Key Equipment has agreed to hold FY18 bid price with the provision they are purchased before January 31, 2019; otherwise the total cost of the two vehicles will be $606,000 after

6 City of St. Peters: Board of Aldermen Work Session Minutes December 20, 2018 Page 3 of 4 that date. Questions from the Aldermen were addressed. Mr. Kuppler requested Board of Aldermen consideration at the January 17, 2019 meeting. No further comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to place this item on the January 17, 2019 Board of Aldermen meeting agenda. All in favor, the motion was approved. This item will be placed on the January 17, 2019 Board of Aldermen meeting agenda for consideration. Alderman Bateman moved and Alderman Barclay 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 minutes of the Board of Aldermen for December 20, Alderman Reitmeyer moved and Alderman Reimer seconded the motion to accept the City Clerk s report regarding the Destruction of Record forms that are provided in the Work Session packet and to be entered into the December 20, 2018 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES BATZEL Cathy Pratt and Kristen Bennett, Event Marketing and Sales Specialist, gave an update on the progress of Water s Edge Banquet Center which is tentatively opening April Ms. Bennett gave an update on rental agreements that are booked for October 2019 and beyond; spoke of outreach and marketing efforts; spoke of the City being a featured participant on The Knot wedding website; and explained the analytics and tracking progress of inquiries. Lisa Bedian gave a presentation on the new postcards available which present various sites from around the City to promote City amenities. Postcards will be distributed at RV check-in at 370 Lakeside Park, City Hall Lobby, Rec-Plex lobby, via Board of Aldermen, and/or during subdivision and other meetings. There will be new postcards available 4-5 times a year. Future possibilities may include save-the-date templates for events and weddings at City venues. Mr. Batzel informed the Board of Aldermen that due to only one meeting in January 2019, there will be several items on both the Work Session and Board of Aldermen agendas for the January 17th meeting. This may include the water treatment plant water filter grade installation bid, renewal of Flynn Drilling contract for the water line service repair program, change order with Insituform for sewer line contract, and Cold Plane Mill bid recommendation for the Street Department. BOARD MEETING AGENDA ITEM REVISIONS BATZEL Mr. Batzel reminded the Board of Aldermen that City Clerk Smith had previously forwarded to them a revised Exhibit G related to business item I-01 and an attachment to business item I-12. both for consideration on tonight s Regular Board meeting agenda.

7 City of St. Peters: Board of Aldermen Work Session Minutes December 20, 2018 Page 4 of 4 EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) Alderman Barclay moved and Alderman Violet seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) and then adjourn the Work Session meeting from the Executive Session. With the motion approved, the Board of Aldermen entered Executive Session at approximately 5:47 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Barclay: yes; Alderman Violet: yes; Alderman Hollingsworth: yes; Alderman Reitmeyer: yes; Alderman Thomas: absent; Alderman Bateman: yes; Alderman Reimer: yes; Alderman Aytes: yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Hollingsworth moved and Alderman Bateman seconded the motion to adjourn the Executive Session and the Work Session meetings. The motion carried and the Executive Session and the Work Session was adjourned at approximately 6:23 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Barclay: yes; Alderman Violet, yes; Alderman Bateman, yes; Alderman Hollingsworth: yes; Alderman Reitmeyer, yes; Alderman Thomas, absent; Alderman Reimer, yes; Alderman Aytes, yes. Submitted by, Patricia E. Smith City Clerk

8 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN REGULAR MEETING MINUTES DECEMBER 20, 2018 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on December 20, 2018, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. Present were: Mayor Pagano; Alderman Aytes; Board President Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; City Administrator Russ Batzel; Special Counsel Weber; Chief Finkelstein; and Patty Smith, City Clerk. Steve Koeneman delivered the Invocation. Boy Scout Troop 72 and Pack 83 led the Pledge of Allegiance. RECOGNITION: CITIZEN POLICE ACADEMY GRADUATION, OFFICER MELISSA DOSS Officer Melissa Doss and Chief Finkelstein introduced the fall 2018 Citizens Police Academy class, presenting them with certificates of graduation. RECOGNITION: FORT ZUMWALT SOUTH BOYS SOCCER TEAM Alderman Reitmeyer presented a recognition to the Fort Zumwalt South Boys Soccer Team and their coaches for winning their first Soccer State Championship in the history of the Fort Zumwalt School District. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF NOVEMBER 15, 2018; AND THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 15, Alderman Hollingsworth moved and Alderman Thomas seconded the motion to approve the Board of Aldermen Work Session meeting minutes of November 15, 2018 and the Regular Board of Aldermen meeting minutes of November 15, All in favor, the motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Alderman Reitmeyer read the appointment of the following individual as an alternate member to the Planning and Zoning Commission: Nick Trupiano, 129 Universal Drive (Ward 4), for the term effective immediately and expiring September 30, He will be filling the vacancy of Terry Lesinski, who resigned. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to approve the appointment. All in favor, the motion carried and the appointment was approved. APPOINTMENTS TO THE VETERANS MEMORIAL COMMISSION

9 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 2 of 9 Alderman Thomas read the appointments of the following individuals for appointment and reappointment as members of the Veterans Memorial Commission: Jared Mc Gowen, 1123 Cherry Creek Court (Ward 2), for the term effective immediately and expiring December 31, He will be filling the vacancy of Don Shaikewitz, who resigned. Also, the appointment of Richard Ross, 1114 Meadow Oaks Court (Ward 2), for the term effective January 1, 2019 and expiring December 31, Alderman Thomas moved and Alderman Violet seconded the motion to approve the appointment. All in favor, the motion carried and the appointments were approved. CITY ADMINISTRATOR S REPORT FISCAL YEAR 2018 BOND UPDATE PRATT Ms. Cathy Pratt, Staff Support Services Manager, stated the report for the Fiscal Year 2018 Bond update is located in tonight s meeting packet. Ms. Pratt explained that the City s Bond Compliance Policy requires an annual report on matters related to outstanding bond issues. The report shows bond activity and the City is in full compliance with all bond covenants and continuing disclosure requirements. Ms. Pratt highlighted the voter approved Proposition Q; the City issued $3 million dollars of General Obligation Bonds, Series 2018, with the proceeds of these bonds being used to finance the new Clubhouse and Banquet Center at the Golf Course. The City issued $4 million dollars of General Obligation Bonds, Series 2018 that voters approved in 2010 to make various improvements to the City s storm water system. Also included in the packet is a list of the City s outstanding bonds as of September 30, There were no questions or comments from the Board of Aldermen. REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT Julie Powers was sworn in by City Clerk Smith before presenting the following three petitions, 18-19; 18-20; and 18-21: PETITION SPECIAL USE PERMIT, VERIZON WIRELESS POWERS Petition by Verizon Wireless c/o Black & Veatch who is requesting a Special Use Permit in the C-2 Community Commercial District for a wireless facility and a wireless support structure at Life Church. The property is approximately 2.5 +/- acre parcel located on the north side of Mexico Road, west of Belleau Creek Road. Staff and the Planning and Zoning Commission recommend approval to the Board of Aldermen on this Special Use Permit application. Mr. Henry Mugler III, representative of Black & Veatch Corporation, was sworn in by City Clerk Smith before giving a brief explanation of the modification to the tower. There were no questions or comments from the Board of Aldermen or the public. This is Business Item I-02 on tonight s Board of Aldermen meeting agenda. PETITION SPECIAL USE PERMIT, DOGTOPIA POWERS Petition by Weikel Investment L.P. (Dogtopia) who is requesting a Special Use Permit in the C-3 General Commercial District for a proposed kennel. The property is approximately /- acre tract located on the east side of Mid Rivers Mall Drive, north of Route 364. Staff and the Planning and Zoning Commission recommend approval to the Board of Aldermen on this Special

10 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 3 of 9 Use Permit application. Applicant Zachary Weikel and Mark Weikel were sworn in by City Clerk Smith before giving a brief explanation of the business activity. There were no questions or comments from the Board of Aldermen or the public. This is Business Item I-03 on tonight s Board of Aldermen meeting agenda. Alderman Bateman stepped out of the meeting in progress at 7:09 p.m. and returned at approximately 7:20 p.m. PETITION SPECIAL USE PERMIT, LAROSE DEVELOPMENT POWERS Petition by LaRose Development, LLC who is requesting a Special Use Permit in the SD- RC Special District Retail/Commercial for a car wash. The property is approximately /- acre parcel located on the north side of Mexico Road, east of Spencer Road. Staff and the Planning and Zoning Commission recommend approval to the Board of Aldermen on this Special Use Permit application. City Clerk Smith swore in Applicant Daniel Pattillo before he gave a brief explanation of the business activity. City Clerk Smith swore in audience member Benjamin Henry before he asked a question of the applicant. There were no further questions or comments from the Board of Aldermen or the public. This is Business Item I-04 on tonight s Board of Aldermen meeting agenda. VOLUNTARY ANNEXATION MARY MARCHANT, 216 EISENHOWER DRIVE - POWERS Julie Powers reported on the proposed Voluntary Annexation of the Mary Marchant property, /- acreage, located at 216 Eisenhower, into the City of St. Peters, Missouri. Staff and the Planning and Zoning Commission recommend the zoning R-1 Single Family Residential District Zoning for this annexation. This is business items I-05 and I-06 on tonight s Board of Aldermen meeting agenda. There were no questions or comments from the Board of Aldermen or the public. ST. PETERS BUSINESS SPOTLIGHT BRIDES BY DESIGN, 6 MAIN STREET Trish and Pam Layden, co-owners and founder of Brides by Design located at 6 Main Street, spoke about the range of services they offer at their facilities. OPEN FORUM CITIZENS PETITIONS AND COMMENTS Ryan Wilson, Amazon Economic Development Manager, thanked the City of St. Peters and City staff for the warm welcome before speaking of the business, which will open in Mr. Wilson requested approval of the bonds on tonight s agenda, which was critical in their decision to move forward with the Amazon Fulfillment Center in the City. Nick Trupiano, 129 Universal Drive, thanked the Mayor and Board of Aldermen for approval of his appointment to the Planning and Zoning Commission this evening. PRESENTATION: VETERANS MEMORIAL COMMISSION

11 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 4 of 9 Mr. Walter Sitzwohl, 26 Oakshire Court, St. Peters, and Mr. Lewis Detz presented a proposed plan for an annual Vietnam Veterans observance event and show, potentially held on March 29, 2019 at St. Peters City Hall. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS None UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO : ORDINANCE NO. 7061: AN ORDINANCE AUTHORIZING THE CITY OF ST. PETERS, MISSOURI TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS (4000 PREMIER PARKWAY REAL PROPERTY PROJECT), SERIES 2018, IN A PRINCIPAL AMOUNT NOT TO EXCEED $100,000,000, AND ITS TAXABLE INDUSTRIAL REVENUE BONDS (4000 PREMIER PARKWAY PERSONAL PROPERTY PROJECT), SERIES 2018, IN A PRINCIPAL AMOUNT NOT TO EXCEED $140,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING A FACILITY FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY; AND AUTHORIZING THE CITY TO ENTER INTO CERTAIN AGREEMENTS AND TAKE CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS 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 Aytes 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 Barclay moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7062: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-2 COMMUNITY COMMERCIAL DISTRICT TO PERMIT A WIRELESS FACILITY AND WIRELESS SUPPORT STRUCTURE, IN RESPONSE TO PETITION (VERIZON WIRELESS c/o BLACK AND VEATCH) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO

12 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 5 of 9 Alderman Barclay moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Reimer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reimer 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 Barclay read the Bill. Alderman Reimer moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: No AYES: 7 NAYS: 1 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7063: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT A KENNEL, IN RESPONSE TO PETITION (WEIKEL INVESTMENT L.P.) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO Alderman Bateman moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Violet seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: Alderman Bateman stepped out of the meeting in progress at approximately 8:00 p.m. MOTION/APPROVED: BILL NO : ORDINANCE NO. 7064: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD-RC SPECIAL DISTRICT RETAIL/COMMERCIAL TO PERMIT A CAR WASH, IN RESPONSE TO PETITION (LAROSE DEVELOPMENT, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO Alderman Reitmeyer moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Violet 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 Aytes read the Bill. Alderman Reitmeyer moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: No Bateman: Absent Thomas: Yes AYES: 6 NAYS: 1 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Bateman returned to the meeting in progress at approximately 8:02 p.m.

13 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 6 of 9 MOTION/APPROVED: BILL NO : ORDINANCE NO. 7065: AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY (MARY MARCHANT, 216 EISENHOWER DRIVE) INTO THE CITY OF ST. PETERS, MISSOURI Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Violet moved and Alderman Reimer 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 Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7066: AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CORPORATE LIMITS AND ZONING DISTRICT MAP OF THE CITY OF ST. PETERS, MISSOURI, IN RESPONSE TO A VOLUNTARY ANNEXATION OF PROPERTY (MARY MARCHANT, 216 EISENHOWER DRIVE) Alderman Barclay moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reimer read the Bill. Alderman Aytes moved and Alderman Bateman seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7067: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AGREEMENT WITH ACT II COMMUNITY THEATRE FOR USE OF CITY FACILITIES Alderman Hollingsworth moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Bateman moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

14 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 7 of 9 MOTION/APPROVED: BILL NO : ORDINANCE NO. 7068: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A TERMINATION OF A TEMPORARY CONSTRUCTION EASEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT GRANTED TO THE CITY OF ST. PETERS BY MURPHY PROPERTIES, LTD FOR THE MEXICO ROAD WIDENING PROJECT (MID RIVERS MALL DRIVE TO GRAND TETON FORMERLY KNOWN AS KIMBERLY LANE) Alderman Reimer moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Reimer moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Barclay moved and Alderman Reimer seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Hollingsworth moved and Alderman Violet seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7069: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT WITH MISSISSIPPI LIME COMPANY FOR THE PURCHASE OF ROTARY HYDRATED LIME Alderman Reitmeyer moved and Alderman Thomas seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Thomas seconded the motion to read Bill No for the first time. The motion carried and Alderman Violet read the Bill. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Aytes moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7070: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR A PERMANENT DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF PHASE 2 OF THE COUNTRY HILL STORMWATER IMPROVEMENT PROJECT P-24 (MID RIVERS INVESTORS, L.L.C.) Alderman Violet moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Reimer 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 Bateman seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed

15 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 8 of 9 becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7071: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH DEHART RECYCLING EQUIPMENT FOR THE PURCHASE AND INSTALLATION OF A BALER AT ST PETERS CENTRAL MATERIALS PROCESSING FACILITY 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 Reimer read the Bill. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7072: AN ORDINANCE PROVIDING FOR THE VACATION OF A TEMPORARY EARTH STOCKPILE EASEMENT, AS RECORDED IN PLAT BOOK 2447 PAGES AT THE ST. CHARLES COUNTY RECORDER OF DEEDS Alderman Reimer moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Reimer moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas 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 Bateman 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 Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session called at this time. ADJOURNMENT Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 8:10 p.m.

16 Board of Aldermen Minutes: City of St. Peters December 20, 2018 Page 9 of 9 Respectfully submitted, Patricia E. Smith City Clerk

17 E-01a

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

19 E-01b

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

21 E-01c

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

23 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, January 9, 2019 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive (1020 Grand Teton Drive). All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition LJLD, LLC. is requesting a special use permit for multiple family residences in the SD-RC Special District Retail/Commercial for a /- acre parcel. The property is located east of St. Peters Centre Boulevard, north of Executive Centre Parkway. LOCATION MAP N.T.S. St. Peters Executive Centre Blvd. site Executive Center Pkwy Mexico Rd. North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

24 BILL NO I-01 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD-RC SPECIAL DISTRICT RETAIL/COMMERCIAL TO PERMIT MULTIPLE FAMILY RESIDENCES, IN RESPONSE TO PETITION (LJLD, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO WHEREAS, by Petition to the Board of Aldermen, a special use permit was requested in the SD-RC Special District Retail/Commercial to permit multiple family residences; 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 LJLD, LLC, to permit multiple family residences: LEGAL DESCRIPTION A tract of land being all of Lot 2 of Memory Care St. Peters as recorded in Plat Book 47, Page 297, at the St. Charles County Missouri Recorders Office.

25 SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by LJLD, LLC, in the SD-RC Special District Retail/Commercial to permit multiple family residences 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 17 th day of January, Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

26 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application No LJLD, LLC ) (St. Peters Place) ) Applicant ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On November 30, 2018, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), St. Peters Place (the Applicant ) submitted to the City of St. Peters, Missouri (the City ), Application No for a Special Use Permit requesting a permit to use certain property within the SD-RC Special District General Retail/Service Commercial District for Multiple-Family (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 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 January 17, 2019 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.

27 The Board of Aldermen makes its findings based upon the following: A. The Application submitted by the Applicant on November 30, 2019, 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 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 Richard P. Norden, John C. Hannegan, Jerome A. Burkemper Family Partnership (The Owner ). B. The Applicant is under contract to purchase property from Owner. C. The Property is located in the SD-RC Special District General Retail/Service Commercial District D. Section (N) of the City Code provides for Special Uses within the SD-RC Special District General Retail/Service Commercial District. E. SD-RC Special District General Retail/Service Commercial District includes Multiple-Family. 2

28 CONCLUSIONS OF LAW At a public meeting held on January 17, 2019, 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. 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 St. Peters 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 St. Peters 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: 3

29 A. Uses: This Special Use Permit shall authorize the use of the Property for a multiple-family uses. Any modifications to the Property shall be subject to prior approval by the Planning and Zoning Commission, with minor modifications to be approved by the City's Planning Department. B. General Requirements: 1. The Property shall be used in compliance with all requirements of the St. Peters City Code. 2. The Applicant, Owner, and their successors in interest shall be in compliance with all local, State, and Federal laws and regulations related to multiple family uses, including independent senior living facilities while such facilities are operated on the Property. 3. The Applicant and the Owner of the Property, and any future owner of the Property, may use the Property for multiple family uses, including independent senior living facilities, in addition to all permitted uses in the SD-RC Special District General Retail/Service Commercial District. 4. The configuration of the site shall be as substantially shown on Exhibit B. Any minor modifications to the site shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. 5. The design of the building shall be as substantially shown on Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. 6. All fencing shown on the Site Plan shall be approved by the Planning Department. C. If any provision of the permit shall to any extent be invalid or unenforceable, the remainder of the permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law. D. The Special Use Permit shall only be valid for a period of one (1) year from the date of its approval by the Board of 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 year, without notice of hearing. 4

30 E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. F. The Owner and Applicant, and their 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 - 5

31 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, 2019, 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 the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. Notary Public My Commission Expires: 6

32 JAVELIN HOLDINGS, L.P., By: JAVELIN CAPITAL PARTNERS, LLC Alan Naul, Manager STATE OF TEXAS ) ) ss. COUNTY OF ) This instrument was acknowledged before me on the day of, 2013, by ALAN NAUL, manager of JAVELIN CAPITAL PARTNERS, LLC, a Texas limited liability company, partner, on behalf of JAVELIN HOLDINGS, L.P., a partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. My Commission Expires: Notary Public 7

33 By Richard P. Norden STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2019, before me, a Notary Public in and for said State, personally appeared RICHARD P. NORDEN, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. My Commission Expires: Notary Public 8

34 By John C. Hannegan by Mary Lou Hannegan, power of attorney STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2019, before me, a Notary Public in and for said State, personally appeared MARY LOU HANNEGAN, by power of attorney, for JOHN C. HANNEGAN, to me known to be the person described in and who executed the foregoing instrument in behalf of John C. Hannegan, and acknowledged that she executed the same as the free act and deed of John C. Hannegan. My Commission Expires: Notary Public 9

35 By Mary Lou Hannegan STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2019, before me, a Notary Public in and for said State, personally appeared MARY LOU HANNEGAN, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. My Commission Expires: Notary Public 10

36 JEROME A. BURKEMPER TRUST DATED NOVEMBER 23, 1993 By Mary J. Shelley, Co-Trustee By Timothy J. Burkemper, Co-Trustee STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2019, before me, a Notary Public in and for said State, personally appeared TIMOTHY J. BURKEMPER and MARY J. SHELLEY, CO- TRUSTEES, to me known to be the persons described in and who executed the foregoing instrument in behalf of the Jerome A. Burkemper Trust dated November 23, 1993, and acknowledged that they executed the same for the purposes therein stated. My Commission Expires: Notary Public 11

37 MUTUAL ASSURANCE COMPANY PARTNERSHIP, L.L.P., D/B/A MUTUAL ASSURANCE COMPANY PARTNERSHIP TRUST By Michael H. Bross, Partner STATE OF MISSOURI ) ) SS. COUNTY OF ST. CHARLES ) On this day of, 2019, before me, a Notary Public in and for said State, personally appeared MICHAEL H. BROSS, a partner of Mutual Assurance Company Partnership, L.L.P., d/b/a Mutual Assurance Company Partnership Trust, known to me to be the person who executed the foregoing instrument in behalf of such partnership and acknowledged to me that he executed the same for the purposes stated therein. 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 12

38 EXHIBIT A A tract of land being all of Lot 2 of Memory Care St. Peters as recorded in Plat Book 47, Page 297, at the St. Charles County Missouri Recorders Office. 13

39 EXHIBIT B Site Plan 14

40 15

41 16

42 EXHIBIT C Architectural Design 17

43 18

44 19

45 EXHIBIT D Report of the Director of Planning, Community and Economic Development Petition LJLD, LLC: A request a special use permit for multiple family residences in the SD-RC Special District Retail/Commercial for a /- acre parcel. The property is located east of St. Peters Centre Boulevard, north of Executive Centre Parkway. (Ward 1) Staff Evaluation: The subject site is an undeveloped 5.82 acre tract in the SD-RC Special District General Office/Service Commercial District. This property fronts to the north side of Executive Centre Parkway, just east of St. Peters Centre Boulevard. It is located immediately east of the Villages of St. Peters nursing home which was constructed in 2007 and the Villages of St. Peters Memory Care facility constructed in The proposed multi-family residential development will specialize in independent senior living and include an indoor pool, formal dining room serving breakfast and dinner, court yard, cleaning services, laundry, and valet services. The proposed 63,000+/- square foot building will be four stories with ninety-three independent living apartments built around a large, 18,000+/- square foot interior landscaped courtyard. The project will also include sixty-five in-building basement parking spaces, twenty-seven detached garage parking spaces, and twenty-eight surface parking spaces. It is noted the Villages of St. Peters nursing home and the Memory Care facility are owned/ operated by the same company; however, the proposed St. Peters Place will be owned/operated by a different company. The applicant has indicated this site would be an appropriate location for their operation due to the easy access to different type of services and the central location within St. Charles County. The housing market has recently embraced mixed use development in the Special District, which blends residential uses and various commercial/institutional uses and services in a pedestrian oriented environment. The first such residential project is the 5300 Centre apartments on Mexico Road, across the street from the City Hall/Rec-Plex complex. This quality project will include state of the art smart apartment units, an outdoor pool, a dog park, and many other amenities. In addition, other developers are exploring additional multi-family residential opportunities in the Special District. Staff is of the opinion this use would be appropriate at the proposed location given the nature of the project, including an indoor pool, covered parking, a large interior courtyard, and other such quality amenities. Also, the site is adjacent to a skilled nursing facility and memory care facility that would allow for an easy transition from independent living. In addition, the site is surrounded by a variety of services and is in close proximity to medical support facilities, recreation facilities, and food choices. Therefore, even if the facility is not used for independent senior living, the use of the property for high quality multi-family residential units would also be an appropriate use and meets the intentions of the zoning code. 20

46 Per the City of St. Peters Zoning Code, the review of any proposed special use must include consideration of certain standards; these are addressed below: a. Character of the surrounding area: The area is zoned Special District General Retail/Service Commercial to the north and east and Special District General Office/Commercial to the west. In addition to the existing skilled nursing facility and memory care facility to the west, the area also includes offices, medical facilities, apartments, and shopping opportunities. Noting this, the proposed multi-family use will be compatible with adjacent properties, but will also be appropriate to the overall design of this district. b. Traffic conditions in the surrounding area: The site will be served directly by Executive Centre Parkway and St. Peters Centre Boulevard. The property will also be served by major arteries to the north and the south; to the north of the property runs Veterans Memorial Parkway and to the south of the property runs Mexico Road. All of these roads are designed to handle non-residential traffic levels. Noting this, the proposed use would not cause a detriment to the traffic conditions in the area. c. Public Utility facilities: The site will be served with all utilities once the site is developed. Utility services are readily available in this area. d. The Comprehensive Plan: The City s Comprehensive Plan, as amended, indicates the site area is planned for a downtown with office buildings and retail/service uses. The proposed multi-family use would be consistent with the plan. Also, the plan indicates the general goal of supporting new development within the City and various types of housing. e. Other matters pertaining to general welfare: The use of this site for multi-family will allow this parcel to develop in a compatible manner to the surrounding sites. The proposed development should have no negative impact to the general welfare of the community. Staff Recommendation Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. 21

47 EXHIBIT E Planning and Zoning Commission Recommendation Petition LJLD, LLC: A request a special use permit for multiple family residences in the SD-RC Special District Retail/Commercial for a /- acre parcel. The property is located east of St. Peters Centre Boulevard, north of Executive Centre Parkway. (Ward 1) Mr. Ralph Hall and Ms. Carol Onest, Govero Land Services, presented this to the Commission for approval. Mr. Hall explained that the subject site is an undeveloped 5.82-acre tract in the SD-RC Special District Retail/Commercial District. The property fronts to the north side of Executive Centre Parkway, just east of St. Peters Centre Boulevard. It is located immediately east of the Villages of St. Peters nursing home and the Villages of St. Peters Memory Care facility. The proposed multi-family residential development will be an independent senior living facility with an indoor pool, dining room, courtyard, cleaning services, laundry and valet services. The proposed 63,000 +/- square foot building will be four stories with ninety-three independent living apartments building around a large 18,000 +/- square foot interior landscaped courtyard. There will be sixtyfive underground parking spaces, twenty-seven detached garage parking spaces and twenty-eight surface parking spaces. Chairman McNames opened the public hearing at 6:54 p.m. and asked anyone wishing to speak on this petition to please come forward. Dr. Boschert, Renaissance Plastic Surgery, spoke in opposition to this petition noting that he thought the Special District was supposed to be a mix of commercial/office uses and didn t like that there were so many new residential developments going in. Seeing no one else present to comment, Chairman McNames closed the public hearing at 6:58 p.m. Ms. Powers explained that the City has been supportive of the mixeduse development in the Special District, which blends residential uses and various commercial/institutional uses. Mr. Yoffie made a motion and Mr. Snarzyk 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 Special Use Permit to the Board of Aldermen. The motion carried unanimously. 22

48 EXHIBIT F Application 23

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50 BILL NO I-02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, ESTABLISHING DATES AND TIMES OF THE REGULAR MEETINGS OF THE BOARD OF ALDERMEN FOR NOVEMBER, 2019; NOVEMBER, 2020; NOVEMBER, 2021; AND NOVEMBER, 2022 WHEREAS, the Board of Aldermen desires to establish dates and times of the Regular Meetings of the Board of Aldermen for November, 2019; November, 2020; November, 2021; and November, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION NO. 1. Notwithstanding any provision of the St. Peters City Code to the contrary, the Board of Aldermen of the City of St. Peters, Missouri, shall hold its regular meetings in November, 2019, on November 14, 2019; in November, 2020, on November 12, 2020; in November, 2021, on November 4, 2021; and on November, 2022, on November 10, Such meetings shall occur at 1020 Grand Teton Drive, St. Peters, Missouri at 6:30 P.M. local time, and shall be held in lieu of any other regular meetings scheduled for the month of November, 2019; November, 2020; November, 2021; and November, 2022 pursuant to Section of the St. Peters City Code. SECTION NO. 2. Except as set forth in Section No. 1 of this Ordinance, all provisions of Section of the St. Peters City Code shall remain in full force and effect. SECTION NO. 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 NO. 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. No.

51 SECTION NO. 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 17 th day of January, Attest: Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor No.

52 BILL NO I-03 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT AGREEMENT WITH FLYNN DRILLING CO. FOR THE WATER SERVICE LINE REPAIR PROGRAM WHEREAS, the City of St. Peters owns, as a public utility, a water supply system operated for the general health, safety and welfare of the community; and WHEREAS, the City administers a Water Service Line Repair Program for the benefit of its residents; and WHEREAS, on November 20, 2017, the City of St. Peters solicited bids for the 2018 Water Service Line Repair Program Unit Pricing and awarded the contract to Flynn Drilling Co. with the option of three (3) additional one-year period renewals subject to Flynn Drilling Co. holding pricing; and WHEREAS, as Flynn Drilling Co. has agreed to hold their pricing for the next one year period, it is recommended that a contract agreement be executed with Flynn Drilling Co. in an amount not to exceed One Hundred Eighty Thousand dollars ($180,000.00) for the 2019 Water Service Line Repair Program Unit Pricing. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract Agreement with Flynn Drilling Co. in an amount not to exceed One Hundred Eighty Thousand dollars ($180,000.00). Upon approval of the City Administrator, the initial contract amounts shall be adjusted as necessary based upon the final measured quantities purchased at the unit prices bid in the original contact. SECTION 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration No.

53 ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo SECTION 4. 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 5. 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 6. 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 17 th day of January, Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk No.

54 BILL NO I-04 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT ESTABLISHING A PERMANENT INGRESS AND EGRESS EASEMENT WITH THE ANTHONY J. KUNDERER REVOCABLE TRUST AND THE VICKY L. KUNDERER REVOCABLE TRUST WHEREAS, certain ingress and egress easement was recorded in Plat Book 1310 Pages in the office of the Recorder of Deeds of St. Charles County; and WHEREAS, said ingress and egress easement area was not clearly defined in the recorded easement; and WHEREAS, the City of St. Peters is relocating the entrance to the St. Peters Golf Course which necessitates altering the alignment of the point of ingress and egress to real property owned by the Anthony J. Kunderer Revocable Trust dated October 22, 2010, and the Vicky L. Kunderer Revocable Trust dated October 22, 2010; and WHEREAS, Anthony J. Kunderer, Trustee of the Anthony J. Kunderer Revocable Trust and Vicky L. Kunderer, Trustee of the Vicky L. Kunderer Revocable Trust desire to vacate the current ingress and egress easement and Anthony J. Kunderer, as Trustee, and Vicky L. Kunderer, as Trustee and the City of St. Peters desire to enter into a new Permanent Ingress and Egress Easement Agreement for access to their real property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City of St. Peters does hereby accept and agrees to a Permanent Ingress and Egress Easement Agreement, and the City Administrator of said City, be and he is hereby No.

55 authorized to execute on behalf of the City of St. Peters, Missouri, a Permanent Ingress and Egress Easement Agreement, in substantially the form attached hereto and made a part hereof, with Anthony J. Kunderer, as Trustee of the Anthony J. Kunderer Revocable Trust dated October 22, 2010, and Vicky L. Kunderer, as Trustee of the Vicky L. Kunderer Revocable Trust dated October 22, 2010, for permanent ingress and egress rights to and from certain real property. SECTION 2. The City Clerk of the City of St. Peters is hereby directed to cause said Permanent Ingress and Egress Easement Agreement 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 Clerk 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 17 th day of January, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City No.

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64 BILL NO I-05 ORDINANCE NO. AN ORDINANCE ACCEPTING FOR MAINTENANCE THE DEDICATION OF CERTAIN SIDEWALKS IN AND CONNECTED WITH LAUREL SPRINGS SUBDIVISION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION 1. The City of St. Peters, Missouri does hereby accept for maintenance as public sidewalks of the City of St. Peters, Missouri, certain sidewalks located in Laurel Springs, a subdivision filed for record in Plat Book 42, Pages in the office of the Recorder of Deeds of St. Charles County, Missouri, and being within the City of St. Peters, Missouri. Said sidewalks being constructed either within the street rights-of-way or utility easements contained in said Laurel Springs subdivision. SECTION 2. That the sidewalks constructed within either the street rights-of-way or utility easements of the subdivision identified in Section 1 of this Ordinance shall from and after the full execution of an Instrument of Dedication of Improvements, in substantially the form attached hereto and made a part hereof, are hereby dedicated to the City of St. Peters, Missouri, and shall become part of the public roadways and streets of said city in perpetuity. After receipt of a contribution to the City of St. Peters to ensure said sidewalks are consistent with City standards and specifications for same, the Laurel Springs Homeowners Association shall thereafter be relieved from further obligation with respect to the maintenance of said sidewalks. SECTION 3. The Mayor of the City of St. Peters, Missouri, be and is hereby authorized to execute said Instrument of Dedication of Improvements which is by and between the Laurel Springs Homeowners Association and the City of St. Peters, Missouri, and the Clerk of the City of St. Peters, Missouri is hereby authorized to affix the seal of the City to said Instrument of Dedication of Improvements and directed to cause said document to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri. SECTION 4. 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 herein. set forth No.

65 SECTION 5. 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 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 17 th day of January, Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor No.

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71 BILL NO I-06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT BETWEEN THE LAKESIDE 370 LEVEE DISTRICT AND THE CITY OF ST. PETERS, MISSOURI WHEREAS, the Missouri Revised Statutes Sections through , as amended, authorize political subdivisions to contract and cooperate with other municipalities or political subdivisions, including levee districts, for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service; and WHEREAS, the Levee District is the owner of certain real property described in Exhibit A to a certain Intergovernmental Cooperation and Development Agreement dated April 21, 2017 (the Agreement ), by and between the City of St. Peters, Missouri (the City ), and Lakeside 370 Levee District (the Levee District ), together with all improvements thereon and all rights, easements, servitudes and privileges appurtenant thereto and which real property is known as Lakeside 370 Levee District-Subdistrict B (referred to in the Agreement as the Property ); and WHEREAS, the Levee District sold to the City certain City Parcels (as defined in the Agreement) comprising a portion of the Property, and dedicated certain easements to the City as depicted on the plat of the Property, which plat is known and described as Premier 370 Business Park Plat Two, a copy of which is attached to the Agreement as Exhibit B (the Record Plat ); and WHEREAS, the City and the Levee District executed a certain First Amendment to Intergovernmental Cooperation and Development Agreement dated as of July 6, 2017, amending Section 6 of the Agreement regarding the Reserve Amount (the First Amendment ); and WHEREAS, in said Agreement, as amended, the City agreed to construct, at the City s expense, certain Utility Work within one (1) year after the recording of the Record Plat, or June 30, 2017, whichever is earlier, ; and WHEREAS, in the Agreement, as amended, the City agreed to construct, at the City s expense, certain Road Work within one (1) year after the recording of the Record Plat, or June 30, 2017, whichever is earlier, ; and WHEREAS, the development plans for the City Parcels as defined in the Agreement, as amended, have changed; and No.

72 WHEREAS, the Levee District has not yet sold the remaining parcels it owns within the Record Plat; and WHEREAS, the City and the Levee District wish to extend the Completion Date as defined in the Agreement, as amended, so as to not expend funds to complete the Utility Work or to construct the Road Work until those development plans are known for the City Parcels or the remainder of the Record Plat so that the Utility Work and Road Work can be constructed so as to meet the needs of potential users of those parcels. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the form, terms, and provisions of the Second Amendment to Intergovernmental Cooperation and Development Agreement between the Lakeside 370 Levee District and the City of St. Peters, Missouri, attached hereto, marked as Exhibit A, and incorporated by reference herein, be and they hereby are in all respects approved, and that the Mayor is hereby authorized, empowered and directed to further negotiate, execute, acknowledge, and deliver on behalf of the City said Second Amendment in substantially the form attached hereto. SECTION 2. That the City Administrator is hereby further authorized and directed on behalf of and in the name of the City to agree to do any and all other acts and things and to execute and deliver any and all other agreements, documents, instruments and certificates, all as may be necessary and appropriate to consummate said Second Amendment and to perform all of the terms, provisions and conditions of the Agreement, as amended by the First Amendment and said Second Amendment. The execution by the City Administrator of any other agreement, document, instrument, check or certificate referred to in the Agreement as so amended shall be conclusive evidence of the approval thereof and of all of the terms, provisions and conditions contained therein. Any and all acts which the City Administrator may do or perform in conformance with the powers conferred upon him by this Ordinance are hereby expressly authorized, approved, ratified and confirmed. 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 No.

73 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 17 th day of January Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk No.

74 EXHIBIT A

75 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT (this Second Amendment ) dated as of January, 2019, is made and entered into by and between CITY OF ST. PETERS, MISSOURI, a fourth class city and political subdivision of the State of Missouri (the City ), and LAKESIDE 370 LEVEE DISTRICT, a levee district formed pursuant to the provisions of Sections to of the Revised Statutes of the State of Missouri, as amended (the Levee District ). The following recitals form the basis of this Second Amendment and are made a material part hereof: WHEREAS, the Missouri Revised Statutes Sections through , as amended, authorize political subdivisions to contract and cooperate with other municipalities or political subdivisions, including levee districts, for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service; and WHEREAS, the Levee District is the owner of certain real property described in Exhibit A to a certain Intergovernmental Cooperation and Development Agreement dated April 21, 2017 (the Agreement ), by and between the City of St. Peters, Missouri (the City ), and Lakeside 370 Levee District (the Levee District ), together with all improvements thereon and all rights, easements, servitudes and privileges appurtenant thereto and which real property is known as Lakeside 370 Levee District-Subdistrict B (referred to in the Agreement as the Property ); and WHEREAS, the Levee District sold to the City certain City Parcels (as defined in the Agreement) comprising a portion of the Property, and dedicated certain easements to the City as depicted on the plat of the Property, which plat is known and described as Premier 370 Business Park Plat Two, a copy of which is attached to the Agreement as Exhibit B (the Record Plat ); and WHEREAS, the City and the Levee District executed a certain First Amendment to Intergovernmental Cooperation and Development Agreement dated as of July 6, 2017, amending Section 6 of the Agreement regarding the Reserve Amount (the First Amendment ); and WHEREAS, in said Agreement, as amended, the City agreed to construct, at the City s expense, certain Utility Work within one (1) year after the recording of the Record Plat, or June 30, 2017, whichever is earlier, ; and WHEREAS, in the Agreement, as amended, the City agreed to construct, at the City s expense, certain Road Work within one (1) year after the recording of the Record Plat, or June 30, 2017, whichever is earlier, ; and WHEREAS, the City and the Levee District wish to extend the Completion Date as defined in the Agreement. SLC

76 NOW, THEREFORE, in consideration of the foregoing recitals, the sum of One Dollar ($1.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Levee District hereby agree as follows: 1. Completion Date. The term Completion Date as set forth in the second sentence of Section 3, subparagraph (iii) of the Agreement, as amended, to-wit: completed within one (1) year after recording of the Record Plat, for June 30, 2017, whichever is earlier (the Completion Date ) is hereby deleted in its entirety and there is hereby substituted in lieu thereof the following: completed within nine (9) months of issuance of a building permit for any development occurring on parcels north of Highway 370 or Salt River Road or by June 30, 2020 whichever occurs first (the Completion Date ). 2. Development Timing. Section 8 of the Agreement, as amended, is hereby deleted in its entirety, and there is hereby substituted in lieu thereof the following: 8. The Levee District and the City shall commence and complete each of its obligations under this Agreement with respect to the acquisition, construction and completion of the Development Project in accordance with the following schedule (subject to the provisions of Section 9 hereof): Activity Levee District shall have executed and City shall have recorded the Record Plat and taken fee simple title to and possession of the City Parcels. City shall have commenced construction of the Road Work and the Utility Work. City shall have completed construction of the Road Work and the Utility Work. Time for Performance Within ninety (90) days after the Effective Date or June 30, 2017, whichever is earlier As soon as practicable after the Commencement Date. Within nine (9) months of issuance of a building permit for any development occurring on parcels north of Highway 370 or Salt River Road or by June 30, 2020 whichever occurs first. 4. Additional Provisions. Except for the amendment contained herein, all of the other provisions of the Agreement, as modified by the First Amendment, shall remain unmodified and in full force and effect, and the same are hereby ratified and affirmed in all respects. The City and the Levee District each hereby acknowledge that this Second Amendment may be executed in counterparts or by electronic signatures, exchanged by facsimile transmission or and that copies of each party s respective signature(s) shall be binding as if the same were an original SLC

77 signature. This Second Amendment shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. The Agreement, as amended by the First Amendment and this Second Amendment, constitutes the entire understanding and agreement between the parties with respect to the subject matter thereof, and may not be further amended, supplemented, or modified except by a writing executed by both of the parties. [Remainder of page intentionally left blank; Signature pages to follow.] SLC

78 SIGNATURE PAGE FOR SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT LEVEE DISTRICT: LAKESIDE 370 LEVEE DISTRICT SEAL ATTEST: Patricia E. Smith, City Clerk By: CITY: Ryan D. Hodges, President CITY OF ST. PETERS, MISSOURI By: Len Pagano, Mayor SLC

79 BILL NO I-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A COOPERATIVE AGREEMENT WITH METROPOLITAN PARK AND RECREATION DISTRICT D/B/A THE GREAT RIVERS GREENWAY DISTRICT TO PARTICIPATE IN THE CREATION OF A COUNTY-WIDE GREENWAY MASTER PLAN FOR ST. CHARLES COUNTY, MISSOURI WHEREAS, the City of St. Peters is committed to the high quality of life in St. Peters and St. Charles County; and WHEREAS, the development of a Greenway Master Plan for St. Charles County will be useful to communities for the development of an integrated trail system and for the application of grant funds; and WHEREAS, Great Rivers Greenway has agreed to fund 50% of the cost of the development of a Greenway Master Plan for St. Charles County and the community partners will share the balance of the cost based on population; and WHEREAS, the community partners for this project include St. Charles County, Missouri, City of St. Charles, Missouri, City of Cottleville, Missouri, City of Dardenne Prairie, Missouri, City of Lake St. Louis, Missouri, City of O Fallon, Missouri, City of St. Peters, Missouri, City of Weldon Spring, Missouri, and City of Wentzville, Missouri; and WHEREAS, the City of St. Peters will contribute the sum of $8,000 to the development of a Greenway Master Plan for St. Charles County; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City Administrator of the City of St. Peters, Missouri be and he is hereby authorized to enter into a cooperative agreement (Exhibit A) with Metropolitan Park and Recreation District d/b/a The Great Rivers Greenway District for the development of a Greenway Master Plan for St. Charles County Missouri. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said agreement on behalf of the City of St. Peters. 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

80 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 extend, 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 be in full force and take effect form and after the date of its final passage and approval. Read two times, passed and approved this 17th day of January, Attest: Patricia E. Smith, City Clerk Len Pagano, As Presiding Officer and as Mayor

81 Exhibit A INTERGOVERNMENTAL COOPERATION AND REIMBURSEMENT AGREEMENT (Greenway Master Plan: St. Charles County) THIS INTERGOVERNMENTAL COOPERATION AND REIMBURSEMENT AGREEMENT ( COOPERATION AGREEMENT ) is made and entered into this day of, 2019 by and among the METROPOLITAN PARK AND RECREATION DISTRICT d/b/a THE GREAT RIVERS GREENWAY DISTRICT ( DISTRICT ) and the following parties (collectively, PARTNERS and individually, PARTNER ): ST. CHARLES COUNTY, MISSOURI ( COUNTY ), CITY OF ST. CHARLES, MISSOURI ( ST. CHARLES ), CITY OF COTTLEVILLE, MISSOURI ( COTTLEVILLE ), CITY OF DARDENNE PRAIRIE, MISSOURI ( DARDENNE PRAIRIE ), CITY OF LAKE SAINT LOUIS, MISSOURI ( LAKE SAINT LOUIS ), CITY OF O FALLON, MISSOURI ( O FALLON ), CITY OF ST. PETERS, MISSOURI ( ST. PETERS ), CITY OF WELDON SPRING, MISSOURI ( WELDON SPRING ), and CITY OF WENTZVILLE, MISSOURI ( WENTZVILLE ). WHEREAS, the DISTRICT is engaged in developing and constructing a series of parks, trails and greenways in the City of St. Louis, St. Louis County and St. Charles County, Missouri; WHEREAS, Sections and RSMo., as amended, authorize municipalities and political subdivisions to contract and cooperate with other municipalities and political subdivisions for the planning, development, construction, acquisition or operation of any public improvement or facility; WHEREAS, Section (2) RSMo. provides that a metropolitan park and recreation district shall have the power to Contract with public and private entities or individuals both within and without the state in furtherance of any of the purposes of the district; WHEREAS, the DISTRICT and the PARTNERS wish to enter into an agreement by DocID:

82 which (i) the DISTRICT agrees to coordinate, oversee, and contract with third parties for the purpose of, the development of a greenway master plan for St. Charles County (the PROJECT ); and (ii) the PARTNERS agree to cooperate with the DISTRICT in furtherance of the PROJECT and to reimburse the DISTRICT for a portion of the costs associated with the PROJECT; and WHEREAS, the total cost of the PROJECT is estimated to be $250,000. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants, terms and conditions, the DISTRICT and the PARTNERS agree as follows: 1. District Responsibilities. The DISTRICT shall be responsible for coordinating and overseeing the development and completion of the PROJECT, including contracting directly with third party contractors and consultants in furtherance thereof. The DISTRICT shall contribute DISTRICT funds toward the PROJECT in the amount of the difference between the total cost of the PROJECT and the total funds contributed by PARTNERS; provided, however, that in no event shall the DISTRICT be obligated to contribute greater than $150,000. The DISTRICT shall also be responsible for keeping accurate records of the costs incurred on the PROJECT and, upon request of any PARTNER, providing such supporting records as will allow for a reasonable audit of the costs incurred. 2. Partner Responsibilities. The PARTNERS shall cooperate in good faith with the DISTRICT in furtherance of the PROJECT. Additionally, the PARTNERS shall reimburse the DISTRICT for costs incurred in furtherance of the PROJECT in the total collective amount of $100,000, with the reimbursement contribution amounts for each individual PARTNER set forth on Exhibit A attached hereto. Each PARTNER shall reimburse the DISTRICT on a quarterly basis after receipt of a corresponding quarterly invoice from the DISTRICT for PROJECT expenses, with the first quarterly invoice from DISTRICT to be delivered no earlier than July 1, If the actual total cost of the PROJECT is less than DocID:

83 $250,000, however, then the contributions toward such cost of the DISTRICT and each PARTNER shall be reduced proportionately, and any excess in the contributions made shall be refunded to each PARTNER. 3. Amendments, Changes and Modifications. This COOPERATION AGREEMENT may be amended, changed, modified or altered only by written agreement of the DISTRICT and the PARTNERS. The parties may amend this COOPERATION AGREEMENT at any time in order to increase the contribution amount to be paid by any PARTNER or PARTNERS. 4. Notices. All notices or other communications required or desired to be given hereunder shall be in writing and shall be deemed duly given when mailed by first class, registered or certified mail, postage prepaid, addressed as follows: District: St. Charles County: City of St. Charles: City of Cottleville: Metropolitan Park and Recreation District 6178 Delmar Blvd. St. Louis, MO Attention: CEO St. Charles County Counselor 100 N. Third Street, Suite 216 St. Charles, Missouri City of Dardenne Prairie: City of Lake Saint Louis: Paul Markworth City Administrator 200 Civic Center Drive DocID:

84 Lake St. Louis, MO City of O Fallon: City of St. Peters: City of O Fallon MO City Administrator 100 N. Main St. O Fallon, MO City of Weldon Spring: City of Wentzville: City Administrator City of Wentzville 1001 Schroeder Creek Blvd. Wentzville, MO Breach and Termination. a. Partner Default. In the event of breach of any term or condition of this COOPERATION AGREEMENT by a PARTNER, and such PARTNER does not cure such breach within thirty (30) days after written notice from the DISTRICT specifying the breach (or if the breach cannot be cured within such thirty (30) day period, if such PARTNER shall not within such thirty (30) day period commence such cure and thereafter diligently pursue the same to its completion), the DISTRICT shall have the right to terminate this COOPERATION AGREEMENT with respect to such breaching PARTNER only. In the event of such a termination, this COOPERATION AGREEMENT shall remain in full force and effect as between the DISTRICT and all other PARTNERS who are then parties thereto. Such termination shall be effective DocID:

85 thirty (30) days after delivery of written notice of such termination to such PARTNER. Additionally, the DISTRICT shall be afforded all rights and remedies at law or in equity against such breaching PARTNER, including the reimbursement to the DISTRICT for any portion of PROJECT costs that were to be paid by such breaching PARTNER under the terms of this COOPERATION AGREEMENT. b. District Default. In the event of breach of any term or condition of this COOPERATION AGREEMENT by the DISTRICT, and the DISTRICT does not cure such breach within thirty (30) days after written notice from a PARTNER specifying the breach (or if the breach cannot be cured within such thirty (30) day period, if the DISTRICT shall not within such thirty (30) day period commence such cure and thereafter diligently pursue the same to its completion), such PARTNER shall have the right to terminate this COOPERATION AGREEMENT with respect to such PARTNER only. In the event of such a termination, this COOPERATION AGREEMENT shall remain in full force and effect as between the DISTRICT and all other PARTNERS who are then parties thereto. Such termination shall be effective thirty (30) days after delivery of written notice of such termination to the DISTRICT. 6. Assignment. No party may assign its right under this COOPERATION AGREEMENT without the written consent of the others. 7. Waiver. The failure of a party to require performance of any provision of this COOPERATION AGREEMENT shall not affect that party s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this COOPERATION AGREEMENT constitute a waiver of any subsequent breach or default or a waiver of the provision itself. DocID:

86 8. Capacity and Authorization. The DISTRICT and the PARTNERS by their respective signatures hereto each represent that they have the full right, power and authority to enter into this COOPERATION AGREEMENT and to fully perform their obligations hereunder. Each person executing this COOPERATION AGREEMENT warrants and represents that each has the authority to execute this COOPERATION AGREEMENT in the capacity stated and to bind the respective party, except as otherwise specifically set forth herein. 9. Controlling Law/Venue. This COOPERATION AGREEMENT shall be interpreted in accordance with the laws of the State of Missouri. Any action brought hereunder shall be brought in the Circuit Court of St. Charles County, Missouri or in the event of Federal jurisdiction, in the United States District Court, Eastern District of Missouri. 10. Integration. This COOPERATION AGREEMENT represents the entire integrated agreement between the DISTRICT and the PARTNERS, and supersedes all prior negotiations, representations or agreements, either written or oral, as to the Project referenced herein. [Signatures appear on following pages; one page for each party.] WHEREFORE, the parties have set their hands on the dates indicated below. DocID:

87 METROPOLITAN PARK AND RECREATION DISTRICT d/b/a THE GREAT RIVERS GREENWAY DISTRICT By: Susan Trautman, CEO Date: Approved as to form: Husch Blackwell LLP DocID:

88 ST. CHARLES COUNTY, MISSOURI By: ATTEST: Steve Ehlmann, County Executive County Registrar Date: CERTIFICATE OF FINANCE DIRECTOR I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Bob Schnur, Finance Director DocID:

89 CITY OF COTTLEVILLE, MISSOURI By: Date: Name: Title: ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

90 CITY OF DARDENNE PRAIRIE, MISSOURI By: Date: Name: Title: ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

91 CITY OF LAKE SAINT LOUIS, MISSOURI By: Date: Name: Paul Markworth Title: City Administrator ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

92 CITY OF O FALLON, MISSOURI By: Date: Name: Lenore Toser-Aldaz Title: Acting City Administrator ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name:_Vicki M. Boschert Title:_Finance Director DocID:

93 CITY OF ST. CHARLES, MISSOURI By: Date: Name: Title: ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

94 CITY OF ST. PETERS, MISSOURI By: Date: Name: Title: ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

95 CITY OF WELDON SPRING, MISSOURI By: Date: Name: Title: ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

96 CITY OF WENTZVILLE, MISSOURI By: Date: Name: Nickolas Guccione Title: Mayor ATTEST: CERTIFICATE OF FINANCE OFFICER I certify pursuant to RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. Name: Title: DocID:

97 EXHIBIT A Partner Contribution Amount Cottleville $400 Dardenne Prairie $2,000 Lake Saint Louis $2,400 O'Fallon $12,000 City of St. Charles $10,000 St. Peters $8,000 Weldon Spring $800 Wentzville $4,400 St. Charles County $60,000 $100,000 DocID:

98 BILL NO I-08 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN EASEMENT AGREEMENT GRANTING A PERMANENANT UTILITY EASEMENT TO UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI 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 within the City of St. Peters corporate limits; and WHEREAS, development of Lot 1 in the Premier 370 Business Park necessitates the addition of new electric service lines; and WHEREAS, the addition of the new electric service lines for said development necessitates establishing a new permanent utility easement for said lines. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to negotiate, execute, and administer, on behalf of the City of St. Peters, an Easement Agreement with Union Electric Company d/b/a Ameren Missouri, in substantially the form attached hereto and made a part hereof, for the addition of new electric service lines for development of Lot 1 in the Premier 370 Business Park. SECTION 2. The City Clerk is hereby directed to cause said Easement Agreement 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 herein. set forth

99 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 17 th day of January, Attest: Patricia E. Smith, City Clerk Len Pagano, As Presiding Officer and as Mayor

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107 BILL NO I-09 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL BY OTHERS TO BE MAINTAINED BY THE COMMISSION (MO 370 AND LAKESIDE PARK DRIVE INTERCHANGE) WHEREAS, the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, owns and maintains, as part of the State Highway System, Route 370 in St. Charles County; and WHEREAS, both the City of St. Peters and the Missouri Highways and Transportation Commission have determined that the MO 370 and Lakeside Park Drive interchange requires improvements consisting of two (2) electric traffic signal installations; and WHEREAS, the installation of traffic control devices at this location meets the required warrants contained in the Manual on Uniform Traffic Control Devices; and WHEREAS, the City of St. Peters desires to construct two (2) traffic control devices; and WHEREAS, construction of said traffic control devices necessitates entering into an agreement with the Missouri Highways and Transportation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a Missouri Highways And Transportation Commission Agreement For The Installation Of A Traffic Signal By Others To Be Maintained By The Commission, in substantially the form attached hereto and made a part hereof, with the State of Missouri, acting by and through the Missouri Highways and Transportation Commission. SECTION 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said agreement on behalf of the City of St. Peters. 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

108 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 extend, 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 be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 17 th day of January, Patricia E. Smith, City Clerk Len Pagano, As Presiding Officer and as Mayor

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115 BILL NO I-10 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR RECONSTRUCTION AND IMPROVEMENT OF SPENCER ROAD WHEREAS, the voters of St. Charles County, Missouri passed and adopted, on November 5, 1985 and reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012, a Capital Improvements Sales Tax for the purpose of traffic relief, construction, reconstruction and repair of roads and bridges with St. Charles County as provided by state statutes; and WHEREAS, state statute provides that St. Charles County may contract with municipalities to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits; and WHEREAS, the City of St. Peters, Missouri, is desirous of contracting with St. Charles County to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the Mayor of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract agreement with St. Charles County, Missouri, in substantially the form attached hereto and incorporated by reference herein and marked as Exhibit A, on behalf of the City of St. Peters, which shall provide for the reconstruction and improvement of Spencer Road, from Willott Road to Thoele Road/Springwood Drive, from St. Charles County Transportation Sales Tax funds. SECTION 2. 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 3. 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

116 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 4. 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 17 th day of January, Attest: Patricia E. Smith, City Clerk Len Pagano, As Presiding Officer and as Mayor

117 Exhibit A AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF SAINT PETERS FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR RECONSTRUCTION AND IMPROVEMENT OF SPENCER ROAD This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as County and City of Saint Peters, State of Missouri, hereinafter referred to as Municipality. In consideration of the mutual covenants herein contained, and other good and valuable consideration including the mutual recognition of the vital importance of Spencer Road Reconstruction and Safety Improvements (the Project ) for efficient traffic flow and for orderly development, the parties hereto agree as follows: SECTION ONE: PREAMBLE The County Executive has been authorized by Ordinance to execute this agreement with the Municipality for the use beginning in fiscal year 2019 of St. Charles County Transportation Sales Tax funds for improvements to the Project in an amount not to exceed $1,336,164 ( County Contribution Amount ). SECTION TWO: SERVICES AND CONTRIBUTION The Municipality will provide design, right-of-way, and construction services to reconstruct the Project from approximately Willott Road to Thoele Road / Springwood Drive. The Project shall be constructed substantially similar to the improvements outlined in the application submitted to the County and reviewed by the Road Board. The cost of the Project is estimated as $1,670,206. The Municipality will be reimbursed by the County for 80% of actual costs, up to a maximum of the County Contribution Amount. The Municipality will be responsible for the remainder of actual costs not reimbursed by others including those that exceed the estimate recited above and any decorative enhancements. Conceptual Plans (30%) SECTION THREE: PLAN SUBMISSION AND REVIEW The Municipality shall submit to the County Roads and Traffic office a Conceptual Plan (30%) for approval prior to proceeding with Preliminary Plans. The County Roads and Traffic Manager will provide the Municipality with either written approval for the Municipality to proceed with preliminary design or comments for the Municipality to consider. The Municipality shall refine the Conceptual Plan and resubmit. This plan shall include the following: Title Sheet; Typical Sections; Plan and Profiles (shall provide the existing and proposed right-of-way limits, grading limits and location of existing utilities); and Cross Sections. 1

118 Preliminary Plans (70%) The Municipality shall submit to the County Roads and Traffic office a Preliminary Plan (70%) for approval prior to proceeding with right-of-way acquisition. The County Roads and Traffic Manager will provide the Municipality with either written approval or comments for the Municipality to consider. The Municipality shall refine the Preliminary Plan and resubmit. This plan, in addition to the sheets outlined above for the Conceptual Plan, shall include the following: Storm Sewer Profiles and Culverts; Traffic Control; Erosion Control; Pavement Marking and Signing; Retaining Walls; Driveway and subdivision street entrances; and Construction Details. Final Plans The Municipality shall submit to the County Roads and Traffic office a Final Plan for approval prior to proceeding with construction. The Final Plan shall include a work day study for the construction phase of the Project. The County Roads and Traffic Manager will provide the Municipality with either (1) written approval, or (2) comments for the Municipality to consider, in which case the Municipality shall refine the Final Plan and resubmit. No Transportation Sales Tax funds will be released for construction until the Final Plan has been approved. Plan Submission The Conceptual Plan, Preliminary Plan, and Final Plan shall be submitted as given herein unless instructed otherwise. A hard copy (11 x 17, half size) shall be delivered to the St. Charles County Roads and Traffic office at 201 North Second Street, St. Charles, Missouri, 63301, Room 560. An electronic copy (pdf format) should be uploaded to ftp://ftp.sccmo.org/ or as otherwise instructed. The plans should be uploaded as a single file that contains all the plan sheets. SECTION FOUR: MEETING ATTENDANCE The Municipality shall have a representative attend the Road Board meetings. This representative should be knowledgeable of the project status, utility conflicts, and funding. The Municipality shall complete the project update forms as required for these meetings. SECTION FIVE: TRAFFIC COUNTS In an effort to better understand traffic patterns and how these patterns change with road improvements and development, the County has developed a Travel Demand Model. This model can be used to evaluate the effectiveness of an improvement towards reducing congestion and enhancing regional mobility. To ensure the model accurately represents changes within municipal limits, the Municipality 2

119 shall provide traffic count and land use information as requested. A minimum of five (5) count locations will be requested on an annual basis. SECTION SIX: RIGHT-OF-WAY The Municipality shall acquire right-of-way and other property interests needed for this Project in accordance with applicable law and the current Missouri Department of Transportation s Local Public Agency Land Acquisition Manual. For any such property interests located in the unincorporated area of the County, Municipality shall only acquire such interests in the County s name, and County hereby authorizes the Municipality to condemn in the County s name for this limited purpose. Further, the St. Charles County Counselor hereby appoints the City Attorney of the Municipality as a Special County Counselor for the purpose of pursuing any such condemnation action, if necessary. All such property interests acquired within the unincorporated area shall be vested in the County. SECTION SEVEN: STAFF TIME Staff time incurred by the Municipality is not reimbursable from the County and shall not be considered as part of any required Municipality match. SECTION EIGHT: TRANSPORTATION SALES TAX SIGN The Municipality shall include in the construction contract specifications the requirement for the construction contractor to furnish and erect a sign of the size, lettering, and colors as depicted in Exhibit A to this agreement at each end of the project construction limits in a visible location. This sign shall be erected at the beginning of construction and can be removed 30 calendar days after final construction contract completion. SECTION NINE: TERM This agreement shall become effective upon execution by all parties hereto and shall continue through the end of the County s fiscal year in which the agreement is executed. This agreement is subject to appropriation by the County of funds sufficient to fulfill the terms of this agreement. This agreement shall renew automatically for an indefinite number of one year terms, each beginning on the first and ending on the last day of the County s fiscal year, until the scope of services has been completed unless the agreement is terminated by failure to appropriate funds as provided in this Section. The County and Municipality reserve the right to terminate this agreement, if (A) the Municipality does not provide traffic count data as required in Section 5, or (B) this agreement has been terminated according to Section 11. Should the County fail to appropriate any funds in its annual budget ordinance for any of the fiscal years to which this agreement applies, this agreement will terminate upon notice to the Municipality by the County that the appropriation was not voted in the annual budget ordinance, which notice shall be sent, first-class mail, to the Municipality at the address set out at the end of this agreement. 3

120 SECTION TEN: OTHER FUNDING Municipality agrees to apply for federal funds from the East-West Gateway Council of Governments ( EWGCOG ). Municipality shall submit a copy of its proposed application to the County Roads and Traffic Manager for review and concurrence before filing such application. Should federal funds not be received, Municipality shall discuss its project application with EWGCOG and resubmit a revised application. This process shall be repeated until federal funds are received or final design plans have been approved by the County Roads and Traffic Manager. Costs for the Project will be reapportioned between the parties should federal funds or funds from any other source be secured for the Project as outlined below. (A) (B) (C) The County and Municipality will share federal funds and funds from any other sources based on the cost share percentages provided in Section Two. The County Contribution Amount will be reduced by the County s share of additional funds secured. The County will reimburse the Municipality in an amount of the cost share percentage provided in Section Two of the remainder of eligible project costs after federal funds and funds from any other source have been deducted from reimbursement requests prepared by the Municipality in accordance with Section Fourteen, up to the limit of the County Contribution Amount. SECTION ELEVEN: TERMINATION In the event of a breach of this agreement by either party hereto that is not remedied within thirty (30) days after delivery of written notice of such breach, the aggrieved party may terminate this agreement by written notice to the other, which shall be effective on the 5th day following delivery. On expiration or termination of this agreement, for any cause, each party shall without additional cost to the other, provide all reasonable assistance and devote its best efforts to returning to each party, or its designee, in an orderly and expeditious manner, all data, records, equipment and documents belonging to that party. In the event the County fails to make payment to the Municipality under the terms and conditions of this agreement, except for reasons outlined in this agreement, the County agrees to pay all costs incurred by Municipality as a direct result of Municipality being denied County funds for the Project. In the event the Municipality fails to provide the administration and/or matching funds agreed to by the Municipality under the terms and conditions of this Agreement, Municipality agrees to pay all costs incurred by the County in assuming administration of the Project to its conclusion and/or the project match to the conclusion of the Project. Municipality hereby represents that it has the authority to agree to the multi-year project match and administration, subject to annual appropriation. Nothing herein requires County to agree to the administration of the Project or to assume the match, and Municipality understands that if County agrees to administer the Project or assume the match, as applicable, Municipality has contracted through this Agreement to assume those costs as though such cost had 4

121 been assessed as liquidated damages. In the event the Municipality fails to start and complete the Project outlined herein, Municipality shall pay damages to the County for failing to deliver the public services or improvements contemplated by this agreement while encumbering public funds and preempting their application to other projects. The damages shall be ten percent (10%) of the not to exceed amount provided in Section 1. If Municipality fails to apply for any reimbursements for expenses pursuant to this agreement within a reasonable time of its execution, County may notify the Municipality that County finds that Municipality is subject to this provision unless, within 14 days of such notice, Municipality shows cause why it should not be subject to this provision and provides assurances that it shall proceed with the Project outlined herein. SECTION TWELVE: PROJECT SCHEDULE Timely completion is an essential element of this contract and every effort shall be made to meet the project schedule provided in this agreement. The County and Municipality will review the project schedule on a regular basis to ensure the work outlined herein will be completed by December 31, The County may deduct One Thousand One Hundred Dollars ($1,100.00) per calendar day from any money due to the Municipality for work not completed by the date given above. The amount specified above is not a penalty but liquidated damages for losses to the County and public. The liquidated damages amount given is from the Missouri Department of Transportation s Local Public Agency Manual, dated January 1, SECTION THIRTEEN: COST OVERRUNS The Municipality shall not request reimbursement for any work performed beyond the scope of services specified herein without a contract amendment approved and executed by both parties. SECTION FOURTEEN: REMUNERATION Reimbursement by the County pursuant to Section 2 shall be submitted to the County Roads and Traffic office for review and approval. Each reimbursement request shall include the Roads and Traffic invoice request form, reimbursement summary, copy of invoices, and proof of payment. Payments shall not exceed the County s percentage share identified in Section Two of the amount of actual expenses incurred by Municipality that have been approved by the County Roads and Traffic Manager. Payments to be made will be paid at the later of the date of when the costs were incurred or the year that the funds were scheduled for payment. SECTION FIFTEEN: NOTICE Any notice required or permitted to be given hereunder shall be deemed properly given if mailed by first-class mail to the address set out for each party at the end of this agreement. Notice to the County shall be sent to the County Roads and Traffic Manager. Notice to the Municipality shall be sent to its City Administrator. 5

122 SECTION SIXTEEN: SUPERVISION AND THE RELATIONSHIP OF THE PARTIES In the performance of the work herein contemplated, the Municipality is an independent contractor with the authority to control and direct the performance of the details of the work. The County is interested in approval, design, and results obtained. The Municipality agrees to comply with all federal, state and municipal laws, rules and regulations pertaining to the Project that are now or may in the future become applicable to Municipality. The parties hereto agree that the Municipality is not an employee of County and is not entitled to the benefits provided by County or its employees, including, but not limited to, group insurance and pension plan. The Municipality is an independent entity. The Municipality and County agree that the County may contract with others to provide the services called for in this agreement in the event that Municipality breaches its obligations contained in this agreement. SECTION SEVENTEEN: INDEMNIFICATION To the extent permissible by law, Municipality shall indemnify and hold County harmless from any and all liability, loss or damage County may suffer as a result of claims, demands, costs or judgments against it arising out of Municipality's performance of this agreement. To the extent permissible by law, County shall indemnify and hold Municipality harmless from any and all liability, loss or damage Municipality may suffer as a result of claims, demands, costs or judgments against it arising out of County s performance of this agreement. It is understood and agreed that the obligation of County to perform under the terms of this agreement is expressly conditioned upon the existence of the Transportation Sales Tax also known as the Road and Bridge Capital Improvements Sales Tax passed by the electorate on November 5, 1985, and reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, SECTION EIGHTEEN: AUDIT The Municipality's records that shall include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this agreement shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the County, at the County's expense. The Municipality shall preserve all such records for a period of three years, unless permission to destroy them is granted by the County, or for such longer period as may be required by law, after the final payment. The Municipality shall require all subcontractors under this agreement to comply with the provisions of this article by including the requirements listed above in written contracts with the subcontractors. [Remainder of page left blank intentionally. Signatures page follows.] 6

123 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date last written below. Executed by the County this day of, 2019 Executed by the Municipality this day of, 2019 CITY OF SAINT PETERS, MISSOURI ST. CHARLES COUNTY, MISSOURI By By Title ATTEST: Title ATTEST: By By County Registrar Title CERTIFICATE OF DIRECTOR OF FINANCE I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. SIGNED: Bob Schnur, Director of Finance DATED: 7

124 This Road Project Paid In Part Through Your St. Charles County ½ Cent Transportation Sales Tax For more information, please visit Sign Size: Width = 48 Length = 36 Lettering: Upper = 4 Lower = 2.5 White Lettering on Blue Background